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HomeMy WebLinkAboutC2015-030 - 6/9/2015 - Approved - 5-ed i 2015-030 6/09/15 CONTRACT DOCUMENTS M2015-055 Ti-Zack Concrete Inc. FOR CONSTRUCTION OF ADA IMPROVEMENTS IN CDBG AREAS FY 2013 (E13131) ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 3 ( E13130) 111101 iiioroftrokiwo City of . Corpus WAVIER A. DAVIT • rio 112782 .•4.0 ChristiS/dNALovrvis ��� Llitt CH2M HILL Engineers, Inc. 555 N. Carancahua Suite 310 Corpus Christi, Tx 78401 (361) 888-8600 Record Drawing Number STR 909 I 4,,,J 00 0100 TABLE OF CONTENTS Division/ al Section Title Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid(Rev 01/23/2015) nM 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders _ I 00 30 04 Conflict of Interest Questionnaire 00 30 05 CITY OF CORPUS CHRISTI Disclosure of Interest iiii 00 30 06 Non-Collusion Certification 00 30 07 CDBG Certification Regarding Lobbying 00 30 08 CDBG Federal Requirements Certification 00 30 09 CDBG Disclosure of Interests 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 10/14/2014) 00 61 13 Performance Bond(Rev7/3/2014) 00 61 16 Payment Bond(Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency 00 74 01 Community Development Block Grant Program 00 90 01 Addendum Number 01 3 00 90 02 Addendum Number 02 i Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment I 01 3100 Project Management and Coordination Table of Contents ADDENDUM NO. 02 00 0100-1 ADA Improvements in CDBG Areas FY 2013(E13131) ATTACHMENT 1 Accessible Routes in CDBG Residential Areas Phase 3(E13130) SHEET 1 OF 3 REV01-23-2015 1 4/0 ft t lior Division/ Section Title IND 0131 13 Project Coordination 01 31 14 Change Management 0133 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 0135 00 Special Procedures 0140 00 Quality Management ibm 0150 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 0170 00 Execution and Closeout Requirements iym Part S Standard Specifications �,. 021080 Removing Old Structures 025802 Temporary Traffic Controls During Construction 028200 Mail Box Relocation 032020 Reinforcing Steel 055420 Frames,Grates, Rings and Covers Part T Technical Specifications T-021010 Project Signs T-022020 Excavation and Backfill for Utilities, Culverts, and Sewers T-022440 Compost • T-022450 Biodegradable Erosion Control Logs T-025205 Pavement Repair, Curb, Gutter,Sidewalk, and Driveway Replacement T-025220 Flexible Base T-025404 Asphalts, Oils,and Emulsions T-025412 Prime Coat T-025424 Hot Mix Asphaltic Concrete Pavement Table of Contents ADDENDUM NO. 02 00 0100-2 ADA Improvements in CDBG Areas FY 2013(E13131) ATTACHMENT 1 Accessible Routes in CDBG Residential Areas Phase 3(E13130) SHEET 2 OF 3 REV01-23-2015 Division/ Title Section T-025610 Concrete Curb and Gutter T-025612 Concrete Sidewalks and Driveways T-025614 Concrete Curb Ramps T-025830 Aluminum Signs T-027202 Manholes T-028040 Erosion Control by Sodding T-028050 Tree and Brush Removal T-029000 Stormwater Pollution Prevention Plan 1-030020 Portland Cement Concrete T-037040 Epoxy Compounds T-038000 Concrete Structures 1-093100 Composite Shell Cast-In-Place Tactile Warning Surface Unit Appendix Title A TXR150000 General Permit and Storm Water Pollution Prevention Plan Forms END OF SECTION I I 4 a Table of Contents ADDENDUM NO. 02 00 0100-3 ADA Improvements in CDBG Areas FY 2013(E13131) ATTACHMENT 1 a Accessible Routes in CDBG Residential Areas Phase 3(E13130) SHEET 3 OF 3 REV01-23-2015 ire 00 0100 TABLE OF CONTENTS Division/ Title Section t Division 00 Procurement and Contracting Requirements Ir 00 11 16 Invitation to Bid (Rev 01/23/2015) 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders +n. 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 30 07 CDBG Certification Regarding Lobbying w. 00 30 08 CDBG Federal Requirements Certification 00 30 09 CDBG Disclosure of Interests 00 45 16 Statement of Experience in 00 52 23 Agreement(Rev 10/14/2014) 00 61 13 Performance Bond(Rev 7/3/2014) Nes 00 61 16 Payment Bond(Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements ,,. 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency 00 74 01 Community Development Block Grant Program was Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 1.. 01 31 13 Project Coordination Table of Contents 00 0100-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01-23-2015 3 3 Division/ Title Section 0131 14 Change Management 0133 00 Document Management 3 0133 01 Submittal Register(Rev 7/3/2014) 0133 02 Shop Drawings 0133 03 Record Data3 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 01 35 00 Special Procedures 0140 00 Quality Management 3 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 01 70 00 Execution and Closeout Requirements I Part S Standard Specifications 021080 Removing Old Structures 3 025802 Temporary Traffic Controls During Construction 028200 Mail Box Relocation 032020 Reinforcing Steel 055420 Frames, Grates, Rings and Covers 3 Part T Technical Specifications Nei T-021010 Project Signs T-022020 Excavation and Backfill for Utilities, Culverts, and Sewers T-022440 Compost T-022450 Biodegradable Erosion Control Logs T-025205 Pavement Repair, Curb, Gutter, Sidewalk,and Driveway Replacement T-025220 Flexible Base T-025404 Asphalts, Oils,and Emulsions T-025412 Prime Coat T-025424 Hot Mix Asphaltic Concrete Pavement 1-025610 Concrete Curb and Gutter Table of Contents 00 0100-2 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REVO1-23-2015 Division/ Title Section T-025612 Concrete Sidewalks and Driveways 1-025614 Concrete Curb Ramps t T-025830 Aluminum Signs T-027202 Manholes T-028040 Erosion Control by Sodding T-028050 Tree and Brush Removal T-029000 Stormwater Pollution Prevention Plan T-030020 Portland Cement Concrete T-037040 Epoxy Compounds T-038000 Concrete Structures T-093100 Composite Shell Cast-In-Place Tactile Warning Surface Unit L Appendix Title A TXR150000 General Permit and Storm Water Pollution Prevention Plan Forms END OF SECTION Orr Wit Table of Contents 00 01 00-3 """ ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV01-23-2015 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: ADA Improvements in CDBG Areas FY 2013 (E13131)* Accessible Routes in CDBG Residential Areas Phase 3 (E13130)* *PROJECT IS FUNDED THROUGH THE CITY OF CORPUS CHRISTI WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) PROGRAM FUNDS. FEDERAL REGULATIONS APPLY IN THE PROCUREMENT OF BIDS AND ADMINISTRATION OF FUNDS, INCLUDING DAVIS BACON FEDERAL WAGES DECISION AND WORKERS COMPENSATION AMONG OTHER A. This project is two (2) City projects, intended to provide a pedestrian-accessible route in two (2) different locations. B. The first location (City PN: E13131) is a pedestrian-accessible route along Brownlee Boulevard from Staples Street to Elizabeth Street. Improvements include approximately 1,935 LF of five foot wide sidewalk and approximately 23 commercial driveways. C. The second location (City PN: E13130) is in the residential area bounded by Ayers Street, Baldwin Boulevard, Willard Street, and Tomkins Street. Improvements include 1 commercial driveway, 9 residential driveways, 7 curb ramp improvements and approximately 939 LF of sidewalk improvements in a neighborhood with no sidewalks. 1.01 The Engineer's Opinion of Probable Construction Cost for Project E13131 is$333,410. 1.02 The Engineer's Opinion of Probable Construction Cost for Project E13130 is$126,740. 1.03 Both Projects E13131 and E13130 are to be complete and ready for operation within 85 calendar days. Both Projects are to be complete and eligible for Final Payment 30 days after the date for Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: http:/www.cctexas.com/business/supplierportal Invitation to Bid 00 11 16-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3 (E13130) REV01-23-2015 2.02 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. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A pre-bid conference is not required for this Project. 3.02 A non-mandatory pre-bid conference for the Project will be held on Tuesday, March 3, 2015 at 2pm at the following location: City Hall Building—Capital Programs Conference Room 1 or 2 3rd floor, Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 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 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. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 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 10 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. Invitation to Bid 00 11 16-2 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV01-23-2015 3 E 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. ire 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be rr paid a sum equal to 5 percent(5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: F a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between "' the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 7. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. Ir. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids (hard copy) must be submitted to the City Secretary's Office (City Hall Building, 1St Floor, 1201 Leopard Street,Corpus Christi,Texas 78401) no later than 2:00 PM,Wednesday, March 11, 2015 to be accepted. Bids received after this time will not be accepted. it Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential r. Areas Phase 3 (Bond 2013), Project No. E13131 and E13130 7.02 Bids will be publicly opened and read aloud at 2:00 PM, Wednesday, March 11, 2015,at the following location: City Hall Building- City of Corpus Christi Invitation to Bid 00 11 16-3 bow ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV01-23-2015 + J First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 3 ARTICLE 8—AWARD OF CONTRACT 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 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 j 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. a 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. ,„,1 END OF SECTION j j Invitation to Bid 00 11 16-4 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01-23-2015 I 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 Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required 0 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 0 Not Required Installation Floater Equal to Contract Price ❑ Required 0 Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required 0 Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01- 1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV07-03-2014 3 3 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 3 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 3 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. 3 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 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 3 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. 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 3 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 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 4 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 3 accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV07-03-2014 ti. 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). ire B. Purchase and maintain commercial general liability insurance covering all operations by or t 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) ir. 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 'r” 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. ire 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 i` 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 i"' Work. 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; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 07-03-2014 3 3 h) Any loss to temporary Project Works if their value is included in the Contract Price. 3 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 3 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 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. 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. 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: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 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 3 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. Insurance Requirements 00 72 01-4 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 07-03-2014 1 ww 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 t greater. hvo 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 kro 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 boo 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 lw 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. 1.05 PROPERTY INSURANCE bw 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: two 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 Insurance Requirements 00 72 01-5 "" ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV07-03-2014 3 3 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 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. 3 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. I 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 otherwise 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. 3 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 Insurance Requirements 00 72 01-6 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV07-03-2014 r iow 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. IYw 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 imp 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. lr 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. lw 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 sit 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV07-03-2014 irr 3 3 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 1 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. 3 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. 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: 3 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 NOTICE3 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 3 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. Insurance Requirements 00 72 01-8 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 07-03-2014 3 ir. rr 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 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 ir. 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 )wo 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 `p 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. w 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. Ir 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 w. 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 M„ 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 rsm 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. Insurance Requirements 00 72 01-9 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 07-03-2014 irr 3 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 3 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: I a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within , 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-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. END OF SECTION 1 Insurance Requirements 00 72 01- 10 3 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 07-03-2014 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 CH2M HILL Engineers, Inc. Critigen 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 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 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 00 73 00-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) 11-25-2013 a 3. A total of 11 rain days have been set for this Project. An extension of time due to rain days will be considered only after 11 rain days have been exceeded in a calendar year 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. 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. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Environmental Reports include the following: a. Phase 1 Environmental Site Assessment Americans with Disabilities Act Improvements in Community Development Block Grant Area Fiscal Year 2013, Weston Solutions, Inc., September 2014] -The Contractor may rely on the following Technical Data in using this document: 1) This assessment has revealed no evidence of Recognized Environmental Conditions (REC) in connection with the property, except for the following: a) The potential release of petroleum hydrocarbons at Times Market Brownlee at 1501 S. Brownlee Blvd is considered to be a REC. b) The historical release of petroleum hydrocarbons at Tim's Market 7001. and Coastal 3001 at 1602 Ayers St. is considered to historical recognized environmental condition (HREC). c) The historical release of petroleum hydrocarbons at Art's Auto Tech Center and Vans Sales and Service at 1320 Ayers St. is considered to be HREC. d) The potential for a release of chlorinated solvents at a dry cleaner located at 1708 Brownlee Blvd is considered to be a REC. b. Phase 1 Environmental Site Assessment Accessible Routes in CDBG Residential Area Phase 3,Weston Solutions, Inc.,September 2014-The Contractor may rely on the following Technical Data in using this document: 1) This assessment has revealed no evidence of RECs in connection with property, except for the following: Supplementary Conditions 00 73 00-2 ADA Improvements in CDBG Areas FY 2013 (E13131) Accessible Routes in CDBG Residential Areas Phase 3 (E13130) 11-25-2013 a) A used auto sales lot is shown on the 1950 Sanborn map between Dahlia and Fern Drive, and a filling station is shown across Ayers St to the east at 2602 Ayers St.The used auto sales lot may have released petroleum products to sub subsurface media that may have impacted the subject property. 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." ire END OF SECTION I I I Supplementary Conditions 00 73 00-3 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3 (E13130) 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 9,2015 , is between the City of Corpus Christi (Owner) and Ti-Zack Concrete,Inc. (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: ADA Improvements in CDBG Areas FY 2013(E13131) A. This project is two(2)City projects, intended to provide a pedestrian-accessible route in two (2)different locations. B. The first location (City PN: E13131) is a pedestrian-accessible route along Brownlee Boulevard from Staples Street to Elizabeth Street. Improvements include approximately 1,935 LF of five foot wide sidewalk and approximately 23 commercial driveways. commercial driveway,9 residential driveways,7 curb ramp improvements and approximately 939 LF of sidewalk improvements in a neighborhood with no sidewalks. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Javier Davila, P. E. CH2M HILL, Engineers, Inc. 555 N. Carancahua Tower II Suite 310 Corpus Christi,TX, 78401 TBPE Firm No. F-3699 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Progams(Engineering) 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 Agreement 00 52 23-1 ADA Improvements in CDBG Areas FY 2013(E13131) REV 10-14-2014 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 85 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 115 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$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$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. 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. 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 Agreement 00 52 23-2 ADA Improvements in CDBG Areas FY 2013(E13131) REV 10-14-2014 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 (Project E13131 and Project E13130) $ 312,267.00 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. 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. Agreement 00 52 23-3 ADA Improvements in CDBG Areas FY 2013(E13131) REV 10-14-2014 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, 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. Agreement 00 52 23-4 ADA Improvements in CDBG Areas FY 2013(E13131) - _ - •_- - - __ - - - . • . - ! REV 10-14-2014 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 0100 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. 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: Agreement 00 52 23-5 ADA Improvements in CDBG Areas FY 2013(E13131) ! REV 10-14-2014 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. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 ADA Improvements in CDBG Areas FY 2013(E13131) _ _ _ _. _ _ _ _ •_ , _ ... _ e REV 10-14-2014 •ATTEST TY,sFC''R' SCH• 411._..//_% City Secretary J. . Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM HUM Lc °'*42""3EC-- fT COUNCIL._,_„ sst. City Attorney SECRETARY ATTEST(IF CORPORATION) CONTRACTOR ,�/��► � - , Ti-Zack Concrete, Inc. (Seal Below) By: e Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: VICE —(7Q-e-5/zT Vice President, Chief Executive Officer, or Chief Financial Officer 39352 221St Ave. Address Le Center, MN 56057 City State Zip 507/357-6463 Phone tizack@frontiernet.net EMail END OF SECTION Agreement 00 52 23-7 ADA Improvements in CDBG Areas FY 2013(E13131) REV 10-14-2014 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:Wednesday,March 11,2015 at 2:00 PM. 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential Areas Phase 3(Bond 2013),Project No. E13131 and E13130 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 2 41 l�,t 4.. - rr 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. Bid Form 00 30 00-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01-23-2015 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. 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. Bid Form 00 3000-2 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01.23-2015 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. 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 at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE S—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 4516 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. Bid Form 003000-3 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01-23-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. 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. G. SECTION 00 30 07 FEDERAL REQUIREMENTS CERTIFICATION H. SECTION 00 30 08 CITY OF CORPUS CHRISTI—DISCLOSURE OF INTERESTS I. SECTION 00 30 09 CERTIFICATION REGARDING LOBBYING 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 Bid Form 00 30 00-4 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV01-23.2015 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 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: Bidder: /—Z-ACk. CONCH. rE! �C (typed or printed full legal name of Bidder) By: (individual's signature) Name: ..S7&-VE 3. RA-&-r- (typed(typed or printed) Title: PR.e.i (typed or printed) Attest: (90407-._ f . t417 (individual's signature) State of Residency: /t I NtQbS O ' Federal Tax Id.No. )—19 6I75a Address for giving notices: 33935g... 15.5 AVE LE Ce'— , Mr,) O5'? Phone: (50-9357-6q‘3 Email: -4-;zAck-e (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 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 01-23-2015 00 30 01 BID FORM EXHIBIT A 00 30 01 BID FORM EXHIBIT A Project Name: ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential Areas Phase 3 Project Number: E13131 and E13130 Owner: City of Corpus Christi Bidder: OAR: TO BE DETERMINED Designer: Javier Davila, P. E. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-Project E13131 (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION/BONDS/INSURANCE LS 1 A2 CONCRETE CURB RAMP AND LANDING SF 91 A3 CONCRETE SIDEWALK(4") SF 9,105 A4 CONCRETE SIDEWALK(6") SF 569 A5 CURB AND GUTTER LF 1,009 A6 PAVEMENT REPAIR SF 6,512 A7 ADJUST VALVE, METER, OR CLEAN-OUT BOX EA 8 TYPE "A" HEADER CURB (OUTSIDE OF CURB RAMP AND A8 100 LANDING LF A9 CONCRETE DRIVEWAY SF 6,589 _ A10 2'X5' DETECTABLE WARNING (STAND ALONE) EA 4 All NEW WATER VALVE VAULT AND COVER EA 1 Al2 REPLACE STANDARD CURB INLET CONCRETE TOP EA A13 TEMPORARY TRAFFIC CONTROLS LS 1 A14 UNANTICIPATED OVERRUN ALLOWANCE LS 1 A15 STORM WATER POLLUTION PREVENTION LS 1 SUBTOTAL PART A-Project E13131(Items Al thru A15) DESCRIPTION UNIT ESTIMATED EXTENDED UNIT PRICE Item OUANTITY AMOUNT Base Bid Part B-Project E13130(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION/BONDS/INSURANCE LS 1 B2 CONCRETE CURB RAMP AND LANDING SF 641 B3 CONCRETE SIDEWALK(4") SF 4,694 B4 CURB AND GUTTER LF 355 B5 PAVEMENT REPAIR SF 2,400 B6 ADJUST VALVE, METER,OR CLEAN-OUT BOX EA 7 B7 CONCRETE DRIVEWAY SF 1,286 B8 RELOCATE TRAFFIC SIGN EA 2 ADA Improvements in CDBG Areas FY 2013(E13131) p „ i of 2 Bid Form Exhibit A Accessible Routes in CDBG Residential Areas Phase 3(E13130) 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B9 TRIM HANGING TREE BRANCHES (PER EACH TREE) EA 1 B10 REMOVE TREE STUMP FA 1 B11 REMOVE TREE EA 1 B12 RELOCATE MAIL BOX EA 1 B13 TEMPORARY TRAFFIC CONTROLS LS 1 B14 UNANTICIPATED OVERRUN ALLOWANCE LS 1 B15 STORM WATER POLLUTION PREVENTION LS 1 SUBTOTAL PART B-Project E13130(Items B1 thru B15) BID SUMMARY SUBTOTAL PART A- Project E13131(Items Al thru A15) SUBTOTAL PART B- Project E13130(Items B1 thru B15) 'TOTAL PROJECT BASE BID (PARTS A and B) Contract Times Part A and Part B Combined Bidder agrees to reach Substantial Completion in 85 days Bidder agrees to reach Final Completion in 115 days ADA Improvements in CDBG Areas FY 2013(E13131) Page 2 of 2 Bid Form Exhibit A Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 10.14-2014 00 30 01 BID FORM EXHIBIT A ADDENDUM NO. 02 ATTACHMENT 3 SHEET 1 OF 2 00 30 01 BID FORM EXHIBIT A Project Name: ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential Areas Phase 3 Project Number: E13131 and E13130 Owner: City of Corpus Christi Bidder: Ti-Zack Concrete, Inc OAR: TO BE DETERMINED Designer: Javier Davila, P. E. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-Project E13131 (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION/BONDS/INSURANCE LS 1 $ 25,000.00 $ 25,000.00 A2 CONCRETE CURB RAMP AND LANDING SF 91 $ 14.00 $ 1,274.00 A3 CONCRETE SIDEWALK (4") SF 9,105 $ 7.00 $ 63,735.00 A4 CONCRETE SIDEWALK (6") SF 569 $ 8.00 $ 4,552.00 A5 CURB AND GUTTER LF 1,009 $ 40.00 $ 40,360.00 A6 PAVEMENT REPAIR SF 6,512 $ 7.00 $ 45,584.00 A7 ADJUST VALVE, METER, OR CLEAN-OUT BOX EA 8 $ 150.00 $ 1,200.00 TYPE "A" HEADER CURB (OUTSIDE OF CURB RAMP AND A8 LANDING LF 100 $ 25.00 $ 2,500.00 A9 CONCRETE DRIVEWAY SF 6,589 $ 8.00 $ 52,712.80 A10 2'X5' DETECTABLE WARNING (STAND ALONE) EA 4 $ 400.00 $ 1,600.00 All NEW WATER VALVE VAULT AND COVER EA 1 $ 250.00 $ 250.00 Al2 REPLACE STANDARD CURB INLET CONCRETE TOP EA 1 $ 2,500.00 $ 2,500.00 A13 TEMPORARY TRAFFIC CONTROLS LS 1 $ 10,000.00 $ 10,000.00 A14 UNANTICIPATED UTILITY/MISC. ADJUSTMENTS 1 $ 36,000.00 $ 36,000.00 ALLOWANCE LS A15 STORM WATER POLLUTION PREVENTION LS 1 $ 25,000.00 $ 25,000.00 TOTAL BASE BID PART A-Project E13131(Items Al thru A15) $ 312,267.80 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part B-Project E13130(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION/BONDS/INSURANCE LS 1 $ 25,000.00 $ 25,000.00 B2 CONCRETE CURB RAMP AND LANDING SF 641 $ 14.00 $ 8,974.00 B3 CONCRETE SIDEWALK (4") SF 4,694 $ 14.00 $ 65,716.00 B4 CURB AND GUTTER LF 355 $ 40.00 $ 14,200.00 B5 PAVEMENT REPAIR SF 2,400 $ 7.00 $ 16,800.00 B6 ADJUST VALVE, METER, OR CLEAN-OUT BOX EA 7 $ 150.00 $ 1,050.00 ADA Improvements in CDBG Areas FY 2013(E13131) Page 1 of 2 Bid Form Exhibit A Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 10-14-2014 00 30 01 BID FORM EXHIBIT A ADDENDUM NO. 02 ATTACHMENT 3 SHEET 2 OF 2 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B7 CONCRETE DRIVEWAY SF 1,286 $ 10.00 $ 12,860.00 B8 RELOCATE TRAFFIC SIGN EA 2 $ 150.00 $ 300.00 B9 TRIM HANGING TREE BRANCHES(PER EACH TREE) EA 1 $ 150.00 $ 150.00 B10 REMOVE TREE STUMP EA 1 $ 500.00 $ 500.00 B11 REMOVE TREE EA 1 $ 1,000.00 $ 1,000.00 B12 RELOCATE MAIL BOX EA 1 $ 150.00 $ 150.00 B13 TEMPORARY TRAFFIC CONTROLS LS 1 $ 5,000.00 $ 5,000.00 B14 UNANTICIPATED UTILITY/MISC. ADJUSTMENTS 1 $ 12,500.00 $ 12,500.00 ALLOWANCE LS B15 STORM WATER POLLUTION PREVENTION LS 1 $ 10,000.00 $ 10,000.00 TOTAL BASE BID PART B-Project E13130(Items B1 thru 815) $ 174,200.00 BID SUMMARY (TOTAL BASE BID PART A- Project E13131 (Items Al thru A15) $ 312,267.80 'TOTAL BASE BID PART B- Project E13130 (Items B1 thru B15) $ 174,200.00 BID ALTERNATE DEDUCT(PART A+ PART B COMBINED AWARD), LUMP SUM $ - COMBINED TOTAL PROJECT BID (TOTAL BASE BID PART A+TOTAL BASE BID PART B - BID ALTERNATE DEDUCT) $ 486,467.80 Concurrent Contract Times Part A and Part B. Applies to independent Part A award, independent Part B award or combined total project bid (Part A+ Part B - Bid Alternate Deduct) award Bidder agrees to reach Substantial Completion in 85 days Bidder agrees to reach Final Completion in 115 days Owner reserves the right to award Part A and Part B to 1 or more Bidders or to award combined total project bid (Part A+ Part B- Bid Alternate Deduct)to 1 Bidder. ADA Improvements in CDBG Areas FY 2013(E13131) Page 2 of 2 Bid Form Exhibit A Accessible Routes in CDBG Residential Areas Phase 3(E13130) REV 10-14-2014 Mar-15-01 08:25A Kristine L. Sol he id Atty. 612 873-2283 P_02 • : r STATE OF? -'.VNESOTA 13/22 SECRLTA4„: OF STATE • y -01-01 � -' ARTICLES OF INCORPORATION ,1 O • "' : �, Business and Nonprofit Corporations PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK Please read the directions on the reverse side before completing this form. All information on this form is public information. TO EXPEDITE THE RETURN OF YOUR DOCUMENTS,PLEASE SUBMIT A STAMPED,SELF-ADDRESSED ENVELOPE The undersigned incorporator(s) is an (are)individual(s) 18 years of age or older and adopt the following articles of incorporation to form a(mark ONLY one): ®FOR PROFIT BUSINESS CORPORATION(Chapter 302A) ❑ NONPROFIT CORPORATION (Chapter 317A) ARTICLE I NAME The name of the corporation is: • Ti-7.acg Concrete, T*+c. (Business Corporation naves must include a corporate designation such as Incorporated,Corporation,Company,Limited or an abbreviation of one of those words.) ARTICLE II REGISTERED OFFICE ADDRESS AND AGENT The registered office address of the corporation is: Rout 2, Box 182, Le Center, MN 56057 (A complete street address or real route and rural route box number is required: the address cannot be a P.O.Box) City State Zip The registered agent at the above address is: Steve Ru t t . STA D OF MINNESOTA (Note You are not required to have a registered agent.) Name • ARTICLE III SHARES DEC 101999 The corporation is authorized to issue a total of 1 shares. • (If you are a business corporation you must authorize at least one share. Nonprofit corporations are not Secretary of State ARTICLE IV INCORPORATORS I(We),the undersigned incmporator(s)certify that I am(we are)authorized to execute these articles and that the information in these articles is this and correct.I(We)also understand that if any of this information is intentionally or knowingly misstated that criminal penalties will apply as if I had signed these articles under oath. (Provide the name and address of each incorporator. Each incorporator must sign below. I1st the incorporators on an additional sheet if you have more than two incorporators.) • S(;pvp Rutt Rnntp 7 Rox 1R2 T,pCprter. MN 56057 Name Street City State Zip Si tare Name Street City State Tap Signature List the Standard Industrial Classification Code(SIC)that most accurately describes the nature of the business of this corporation. Select one of the 2-digit SIC Codes listed on the backside of this form. 15 Print name and phone number of person to be contacted if there is a question about the filing of these articles. Kristine Solheid (612)873-3066 Name Phone Number 03930254 Rev.05193 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS(NOT APPLICABLE TO CONTRACTS INVOLVING FEDERAL FUNDS) 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. iBidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of MI N NESom 0 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: —71-1 S _"�._,{�C.� Co(J( -fl r C., 4417t (typed or printed) By: f (signature--attach evidence of authority to sign) Name: STE Ve J. j€ i T (typed or printed) Title: f ES I D64\1-r Business address: 3935.. ) SI- 4 V6 (,,.. Cc-NTR, Mo 56O5-7 Phone: 50-9357-- Y43 Email: -4—i'7—aCki Fro,\- - ex.n.-V.me,$ END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) 11-25-2013 Mar-15-01 08:25A Kristine L. Solheid Atty. 612 873-2283 P.02 • STATE OF 7sINESOTA #3/22 t >y 1.111 SECRETA' OF STATE � ARTICLES OF INCORPORATION , Q , r:� Business and Nonprofit Corporations PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK. Please read the directions on the reverse side before completing this form. All information on this form is public information. TO EXPEDITE THE RETURN OF YOUR DOCUMENTS,PLEASE SUBMIT A STAMPED,SELF-ADDRESSED ENVELOPE The undersigned incorporator(s) is an (are)individual(s) 18 years of age or older and adopt the following articles of incorporation to form a(marls ONLY one): ®FOR-PROFIT BUSINESS CORPORATION(Chapter 302A) ❑ NONPROFIT CORPORATION (Chapter 317A) ARTICLE I NAME The name of the corporation is: Ti-a_rk Concrete Inc- (Business Corporation names must include a corporate designation such as Incorporated.Corporation,Company,Limited or an abbreviation of one of those words.) ARTICLE II REGIS-MED OFFICE ADDRESS AND AGENT The registered office address of the corporation is: Route 2, Box 182, Le Center, MN 56057 (A complete street address or rural route and rural route box number is squired: the address cannot be a P.O.Box) City State Zip The registered agent at the above address is: Steve Ru t t . STA OF MINNESOTA (Note:You are not required to have a registered agent.) Name• F1i:ED ARTICLE III SHARES DEC 101999 Me corporation is authorized to issue a total of 1 shares. (If you are a business corporation you must authorize at least one share. Nonprofit corporations are ncf re ha ,shares.) Secretary of State ARTICLE IV INCORPORATORS I(We),the undersigned incorporator(s)certify that I am(we are)authorized to execute these articles and that the information in these articles Is true and correct.I(We)also understand that if any of this information is intentionally or knowingly misstated that criminal penalties will apply as if I had signed these artides under oath. (Provide the name and address of each incorporator. Each incorporator must sign below. List the incorporators on an additional sheet if you have more than two incorporators.) AP' • Name Street City State Zip S ¶fire Name Street City State Trp Signature list the Standard Industrial Classification Code(SIC)that most accurately describes the nature of the business of this corporation. Select one of the 2-digit SIC Codes listed on the backside of this form. 15 Print name and phone number of person to be contacted if there is a question about the filing of these articles. Kristine Solheid (612)873-3066 Name Phone Number 03930254 Rev.05193 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. S-, v& J. V J ❑ Check 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.) 3 Name of local government officer with whom filer has employment or business relationship. (\/ONE 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 CIO 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? n 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. 3-13-15 Sign person d ng business with the governmental entity Date Adopted 06/29/2007 P. t 00 30 05 City of Corpus Christi Disclosure of Interest i;k1 SUPPLIER NUMBER TO BE ASSIGNED BY CI Y PURCHASING DIVISION CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 171 12,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: 'T= '" �k CoN R CTE/ AUC P.O.BOX: STREET ADDRESS: 39 350, 2o.-1 Avg CITY: Ce c6,47-6.gi bit)ZIP: 5‘105 �7 FIRM IS: 1. Corporation • 2. Partnership = 3. Sole Owner ❑ 4. Association U 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name ,oN Job Title and City Department(if known) I v ///° 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N dN c Title ti/r1 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 N0N& NIA. 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 NO(N) Consultant nt 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: SrttVE J. ATT Title: 1 b S.06&0y (Type or Print) Signature of Certifying Date: 3_13_15 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: ADA Improvements in CDBG Areas FY 2013 (E13131) Accessible Routes in COBG Residential Areas Phase 3(E13130) 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: I = — Ck CONCp-1E, a'Ito -. (typed or printed) By: (signature--attach evidence of authority to sign) Name: J3 v& , -rZ— (typed or printed) Title: f SES I 1 -^)-ti` Business address: 3 9 3 5 D- A-v ( E Ce rrE(2--, Pn rN) 5605 7 Phone: (50'1357-‘41G 3 Email: +) Zct Ck -Froy\-4-;es- Z-�-•t'iC END OF SECTION Non-Collusion Certification 00 30 06-1 ADA Improvements in CDBG Areas FY 2013(E13131) Accessible Routes in CDBG Residential Areas Phase 3(E13130) 11-25-2013 Mar-15-01 08:25A Kristine L. Solheid Atty. 612 873-2283 P.02 STATE OF? NNESOTA 13/22 SECRETA .' OF STATE ARTICLES OF INCORPORATION Q y -d-A • Business and Nonprofit Corporations PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK. Please read the directions on the reverse side before completing this form. All information on this form is public information. TO EXPEDITE THE RETURN OF YOUR DOCUMENTS,PLEASE SUBMIT A STAMPED,SELF-ADDRESSED ENVELOPE. The undersigned incorporators) is an (are)individual(s) 18 years of age or older and adopt the following articles of incorporation to form a(mark ONLY one): ®FOR-PROFIT BUSINESS CORPORATION(Chapter 302A) El NONPROFIT CORPORATION (Chapter 317A) ARTICLE I NAME The name of the corporation Is: Ti-Tack Co_ncret_P__ Tnc_, (Business Corporation names must indude a corporate designation such as Incorporated,Corporation,Company Limited or an abbreviation of one of those words.) ARTICLE II REGISTERED OFFICE ADDRESS AND AGENT The registered office address of the corporation is: Route 2, Box 182, Le Center, MN 56057 (A complete stmt address or rural route and rural route box number is required: the address cannot be a P.O.Box) City State Zip The registered agent at the above address is: Steve Rut t . STATE OF MINNESOTA FILED (Note: You are not requited to have a registered agent.) Name • ARTICLE III SHARES DEC 10 1999 Th.e corporation is authorized to issue a total of 1 shares. I�� (If you are a business corporation you must authorize at least one share. Nonprofit corporations are not q shares.) Secretary of State ARTICLE IV INCORPORATORS I(We),the undersigned incorpoator(s)certify that I am(we are)authorized to execute these articles and that the information in these articles is tree and correct.I(We)also understand that if any of this information is intentionally or knowingly misstated that criminal penalties will apply as if I had signed these artides under oath. (Provide the name and address of each incorporator. Each incorporator must sign below. List the incorporators on an additional sheet if you have more than two incorporators.) Stoves Rett Rant t:* 7 Prix 1£1, T,e.Center. MN 56057 Name Street City State Zip Sr tore Name Street City State Zip Signature List the Standard Industrial Classification Code(SIC)that most accurately describes the nature of the business of this corporation. Select one of the 2.digit SIC Codes listed on the backside of this form. 15 Print name and phone number of person to be contacted if there is a question about the filing of these articles. Kristine Solheid (612)873-3066 Name Phone Number 03930254 Rev.05/93 728088 00 30 07 CDBG Certification Regarding Lobbying Q`P U cyR 0 7- ;ice 7352 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,GRANTS,LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency,a member of congress,an officer or employee of congress,or an employee of a member of congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress,or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. —i3-15 Date SrevE J. r-r erzes b6cv- - P of Authorized Individual ContC re Nc.. Organization Name 003007 - 1 00 30 09 CDBG Disclosure of Interest CITY OF CORPUS CHRISTI-DISCLOSURE OF INTERESTS 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 the definitions for the Disclosure of Interest in Section II-General Information._ COMPANY NAME: T �CF— CrCll-&T I =1�.1c-- P.O.BOX: STREET: 3935". - ,_)SI A CITY: Lt Cf-T.1TE-(2,1 ftn) ZIP: 56o57 FIRM is: 1. Corporation( ✓) 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 a 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 N(AJob Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting or more of the ownership in the above named"firm." Name IJ(ft. Board,Commission,or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name N/A„ Consultant CERTIFICATE 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: W4ic . -- Title: P1e1 5 I DEN T 003009 - 1 00 30 08 CDBG Federal Requirements Certification Neighborhood Services Department Community Development Community Development Block Grants U.S.Department of Housing and Urban Development __ UsC gyp` Ia r >c ; r.� • °• �.. T "°.a 1852. Federal Requirements Certification In accordance with the applicable statutes and regulations governing the Federal requirements and contract provisions for construction contracts for the U.S.Department of Housing and Urban Development Community Development Block Grant(CDBG)the primary contractor certifies here that he/she shall: Comply with all applicable federal regulations and contract provisions for CDBG construction Contracts contained in the project manual, Insert appropriate provisions in all subcontractors covering work under this contract to ensure compliance by subcontractors. Agrees to comply with all other applicable federal,State and local laws,regulations rules and policies governing the funds providing for this project. Not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 and that he/she is not debarred from Government contracts. 4(2&t- S?-13-15 Authorized Official: Date: "tF J. Title: re.-65/06"--17" Company:T-2...-ZRCk. COrJ C ', Te 003008- 1 00 6113 PERFORMANCE BOND BOND NO. 16117047 Contractor as Principal Surety Name: Ti-Zack Concrete,Inc. Name: The Guarantee Company Of North America USA Mailing address(principal place of business): Mailing address(principal place of business): 39352 221k Ave. 1 Towne Square,Ste. 1470 Le Center,MN 56057 Southfield,MI 48076 Physical address(principal place of business): Owner Same Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street (78401)/PO Box 9277 under the laws of the state of: Michigan Corpus Christi,Texas M 78469 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): #E13131 ADA Improvements in CDBG Areas FY (248)281-0281 2013 Telephone(for notice of claim): Pedestrian-accessible route along Brownlee Boulevard 248-281-0281 ext.66018 from Staples Street to Elizabeth Street. Improvements include approximately 1,935 LF of five foot wide sidewalk Local Agent for Surety and approximately 23 commercial driveways, City of Corpus Christi,Texas Name: Pate Bonding,Inc. Award Date of the Contract: June 9,2015 Address: 1276 So.Robert Street Contract Price: $312,267.00 West St.Paul,MN 55118 Bond Telephone: (651)457-6842 Email Address: jpate®patebonding.com Date of Bond: June 17,2015 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 Bond Amount: $312,267.00 Three Hundred Twelve Thousand Two Hundred Sixty Seven and 00/100 Performance Bond 00 6113-1 Proj#E13131 ADA Impr in CDBG Areas 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 P incipal/LTi-Zack Concrete, Inc. Surety The Guaran e Comp. •Of Nod' America USA Signature: /i /C, L Signature: Name: lirJ'N R. 6 tg Name: Jonathan Pate Title: VC-6'—f / 7" Title: Attorney-in-Fact Email Address: -4-i c.ck@.p,o e,-fi\ .. \- Email Address: jpate@patebonding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Proj#E13131 ADA Impr in CDBG Areas 7-8-2014 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) ) County of ) On this day of , in the year before me personally come(s) ,to me known and known to me to be the person(s)who(is)(are)described kr and executed the foregoing instrument and acknowledge(s)to me that_he_executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of , in the year before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of MINN e5c5I`H ) County of Lc Saeid-- )) \ Oki this 18-'2-4clay of J k JV E , in the year aO l S , before me personally comes) JASON rtZ. e flC E le- ,to me known,who,being duly sworn,deposes and says that he is the Vice—f9-6sl D&N r of the I as—ZACK. C.ize rel Tc. the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;the seal affixed to the said instrument is such corporate seal;that it was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order. AMBER LARAE OVERN Notary Public ... r Notary Public-Minnesota My Comm.Expires Jan,st,2018 ACKNOWLEDGMENT OF SURETY -- .,.e...w..,r....... ....... State of Minnesota) ) County of Dakota ) On this 17th day of June,in the year 2015,before me personally come(s)Jonathan Pate,Attomey(s)-in-Fact of The Guarantee Company Of North America USA with whom I am personally acquainted, and who, being by me duly sworn, says that he is(are) the Attorney(s)-in-Fact of T_gh Guarantee Company Of North America USA company described in and which executed the within i I ment;that he know(s) . - corporate seal of such company;and that seal affixed to the within instrument is such corporate seal and that it was affx.• by order of the Board of I. -.1* of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order. I rwiN � :. - WANDA LEE i`RANZ Notary Public __ L�a ' NOTARY PUBLIC-MINNESOTA k „,,...` My Commission Expires Jan.31,2020 (1 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Jonathan Pate, Thomas M.Lahl, Thomas G.Kemp,Jennifer M.Boyles Pate Bonding,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification of revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6t°day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. . + IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and c its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. it THE GUARANTEE COMPANY OF NORTH AMERICA USA 440kAYe STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2018 CC a• �C�' /1 _ _ Acting in Oakland County /1-CC,(/ I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. .0° � IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 17th day of June,2015. AcirP- I- Randall Musselman,Secretary 00 6116 PAYMENT BOND BOND NO. 16117047 Contractor as Principal Surety Name: Ti-Zack Concrete,Inc. Name:The Guarantee Company Of North America USA Mailing address(principal place of business): Mailing address(principal place of business): 39352 221k Ave. Le Center,MN 56057 1 Towne Square,Ste. 1470 Southfield,MI 48076 Physical address(principal place of business): Owner Same Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street(78401)/PO Box 9277 under the laws of the state of: Michigan Corpus Christi,Texas 7 6& 78469 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): #E13131 ADA Improvements in CDBG Areas FY (248)281-0281 2013 Telephone(for notice of claim): Pedestrian-accessible route along Brownlee Boulevard 248-281-0281 ext.66018 from Staples Street to Elizabeth Street. Improvements include approximately 1,935 LF of five foot wide sidewalk Local Agent for Surety and approximately 23 commercial driveways, City of Corpus Christi,Texas Name: Pate Bonding, Inc. Award Date of the Contract: June 9,2015 Address: 1276 So.Robert Street Contract Price: 5312,267.00 West St.Paul,MN 55118 Telephone: (651)457-6842 Bond jpate®patebonding.com Email Address: Date of Bond: June 17,2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the Bond Amount: $312,267.00 Three Hundred Twelve following toll-free number:1-800-252-3439 Thousand Two Hundred Sixty Seven and 00/100 Payment Bond Form 00 6116-1 Proj E13131 ADA lmpr CDBG Areas 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 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 Pr' cipal Ti-Zack Concrete,Inc. Surety The Guarantee •mpanyOf N h America USA Signature: i� Cis Signature: Name: JI-R1‘1 R . eAs6g. Name: Jonathan Pate Title: V I(' —re-eSip r`rr- Title: Attorney-in-Fact Email Address: --i ZgcfQ-cron.4.;errel,.ri-1- Email Address: joate@patebonding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 6116-2 Proj E13131 ADA Impr CDBG Areas 7-8-2014 ACKNOWLEDGMENT OF PRINCIPAL (Individual) - State of ) ) County of ) On this day of , in the year before me personally come(s) ,to me known and known to me to be the person(s)who(is)(are)described in and executed the foregoing instrument and acicnowledge(s)to me that_he_executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) ) County of ) On this day of , in the year before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of MIN APESOMA ) County of LE SU6A( )) On this 118 day of JUNe , in the year aO15 , before me personally come(s) JASON R. ESL ,to me known,who,being duly sworn,deposes and says that he is the We S 1 -i' of the -i eek CoNCR.-?t, i i - the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation;the seal affixed to the said instrument is such corporate seal; 1 it was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order. _.- - .00.MMMM.M.M. I/t/t___----_____ -^ AMBER LARAE OVERN Notary Public r �' Notary Public-Minnesota My Comm.Expires Jan.31,2019 ACKNOWLEDGMENT OF SURETY State of Minnesota) ) County of Dakota ) On this 17th day of)une,in the year 2015,before me personally come(s)Jonathan Pate,Attomey(s)-in-Fact of The Guarantee Conoany Of North America USA with whom I am personally acquainted, and who, being by me duly sworn, says that he is(are) the Attorney(s)-in-Fact of T�h Guarantee Company Of North America USA company described in and which executed the within i ' •.• . t;that he know(s)the a. ,• .to seal of such company;and that seal affixed to the within instrument is such corporate seal and that it was affixed ' order of the Board of Direct()17. said company, and that he silted said instnxnent as •'t• - i s in-Fact of the said company by like order. 1 �rxF \l� 1 WANDA LEE FRANZ _ Jar__ _ �� O NOTARY PUBLIC-MINNESOTA Notary Public \ v°�'My Commission Expires Jan.31,2020 ltd, �� THE GUARANTEE COMPANY OF NORTH AMERICA USA . g Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Jonathan Pate, Thomas M.Lahl, Thomas G.Kemp,Jennifer M.Boyles Pate Bonding,Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31M day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification of revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6t°day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. /„Tee IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 4a''' its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. SS. 0; THE GUARANTEE COMPANY OF NORTH AMERICA USA 44N mace ac("1„,....:, de4aeazesxt...... STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. 0Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2018 a. �C� Acting in Oakland County ey„det,„ A,..4., I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy.of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.cqa'. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 17th day of June,2015. S Randall Musselman,Secretary ACORDJ CERTIFICATE OF LIABILITY INSURANCE DAi8i 015 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONtERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND O 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 Darian Hunt NAME: House of Insurance Agency Inc EgICNNO Ext) (507)357-2221 FAX Ne) :(507)357-4940 22 S Lexington Ave ADDRESS:MAL PO Box 205 INSURERS)AFFORDING COVERAGE NAIC a LeCenter MN 56057 INSURER A:Travelers , INSURED / INSURER B: Ti-Zack Concrete Inc. Y INSURER C: 39352 221st Ave INSURERO: INSURER E: LeCenter MN 56057 INSURER F: COVERAGES CERTIFICATE NUMBER:CL154300754 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 TYPE OF INSURANCE ADD).SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER JMM10OIYYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 DAMAGE 10 REN1 ED $ 300,00 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) A CLAIMS-MADE I IOCCUR DT-CO-4D17801A-TIL-14 9/21/2014 9/21/201 MED EXP(Any one person) S PERSONALS ADV INJURY $ /1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000,000 —1 POLICY ri12: ( ILOC jS AUTOMOBILE LIABILITY / (E aBccidem)SINGLE LIMIT s 1,000,000, ANY AUTO 11t( BODILY INJURY(Per person) S / A AUTOS ED SCHEDULED DT-810-4D17801A-TCT-14 9/21/2014 9/21/2015 BODILY INJURY(Per accident) S J/ -- NON-OWNED / PROPERTY DAMAGE S HIRED AUTOS AUTOS ,1 (Per accident) S UMBRELLA LIAR OCCUR / EACH OCCURRENCE S 5,000,000 A EXCESS LIAB —CLAIMS-MADE / AGGREGATE $ 5,000,000 DEO RETENTIONS DTSM-CUP-4D17801A-IND-14 9/21/2014 9/21/2015 $ ,/ A WORKERS COMPENSATION / WC STATU- OTH- ANDEMPLOYERS'UABIUTYY/NTORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE( I NIA ./ E.L.EACH ACCIDENT S 500,000 OFFICER/MEMBER EXCLUDED? DTJUB-4D17801-A-14 V 9/21/2014 9/21/2015 (Mandatory In NH) E DISEASE-EA EMPLOYEES 500,000 It yes.describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Corpus Christi is listed as an additional insured Project No. E13131 - ADA Improvements in CDBG Areas FY 2013 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi City of Corpus Christi. AUTHORIZED REPRESENTATIVE Department of Engineering Sery Attn Contract AdminPO Box 9277 Corpus Christi, TX 78469 DIANE HRtJBY/DH1 - 4_ --, - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSG2SIlninn51ni Tho Af:f)Rr1 name,and Innn oro ronicforori marke of Anriof 4 1w'- - 'I 1 "OM'1/L -.7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I I CONTRACTORS XTEND ENDORSEMENT This a dorsement modifies insurance provided under the following: 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 I. 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 i 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) 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 clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion 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 0 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS 1 TION III–UMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 6. 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 2. The following is added to Paragraph 2.a.(1)of , damage"is not an"insured contract"; SECTION II–WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to = Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: °= age"to: ,= (i) "Incidental medical services" by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse,licensed practical '= of the owner; or 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 .� premises for a period of seven or fewer (ii) First aid or"Good Samaritan services" by consecutive days. any of your "employees" or "volunteer 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 o� 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 11. 11 . COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. t Page 2 of 6 ®2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 003101 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 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 i medical, dental, or surgical supplies or you acquired•orformed 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 cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TiONS: The following Is added to SECTION 11 —WHO IS The insurance is excess over any valid and AN INSURED: collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, 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 Paragraph 2.a.(1) of Section II —Who Is An Injury" or "advertising Injury" caused by an of- Insured. Tense committed 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. II—WHO IS AN INSURED: CG D3 16 11 11 ®2011 The Travelers Indemnity Company.AU rights reserved. Page 3 of 8 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED—OWNERS, H. BLANKET ADDITIONAL INSURED— LESSORS I MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II —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 spect to liability for"bodily injury", "property dam- for "bodily injury", "property damage", "personal age","personal injury"or"advertising injury"that: 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 occurs, or is "personal injury" or"advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, 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 use of equipment leased to you by such you. 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 equipment lessor will be the minimum limits premises owner, manager or lessor will be 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 onthe Declarations,whichever are less. the limits shown on the Declarations, which- •= ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any"bodily injury"or "property damage" that occurs, or "personal owner,manager or lessor does not apply to: injury"or"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. o_ 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 following is added to SECTION II—WHO IS surance must be primary to, or non- AN INSURED: contributory with, such other insurance, in 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 02011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 000182 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 stations. member or manager, or The insurance provided to such state or political (b) Any "employee" authorized by such • subdivision does not apply to: • partnership, joint venture, limited li- 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. Iltical 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 ciuded 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 may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- 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 I • "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants"which contains a requirement • bie only after the "occurrence" or offense that the discharge, release or escape of "poilut- 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- 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 organize- 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- limited liability company,and none of your dice your rights under this insurance. However, 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. • rents"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- I ABILITY CONDITIONS: CG D3 16 11 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental 1 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 organize- 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 M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section Is de- The following replaces the definition of "bodily leted. injury"in the DEFINITIONS Section: • -_ • VIIII 0= o= oto ,r= I2= „s �c 0= oto IMMMO1 Page 6 of 6 ®2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 003113 Yn -r 00 if-pif 4 1iG l f/ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY J BLANKET ADDITIONAL INSURED (CONTRACTORS) This dorsement modifies insurance provided under the following: ,il COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal Injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and i by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described In that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) "other insurance". But the insurance provided to The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- I. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY • i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we . ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional Insured offense. which covers that person or organization as a b) If a claim is made or"suit"is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the • —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage�� oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. 8. 11 00011.1.11 • o= reW Page 2 of 2 ®2005 The St.Paul Travelers Companies, Inc. CG D2 46 08 06 003180 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • BUSINESS AUTO EXTENSION ENDORSEMENT This epdorsement 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 those 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. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS NiOF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION y EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS— INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS 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 not Who 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 II—LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission,while performing Any person or organization who is-required under 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 Si 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • • • • • COMMERCIAL AUTO • • 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction,for Liability Other Insurance, of SECTION IV — BUSI- 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 cov- "auto" you lease, hire, rent or borrow from • ered°autos"you own: any of your°employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto°•you lease, hire, liability company)or members of their house- rent or borrow;and• holds. (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 end 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. "in- However, anyauto"that Is leased, hired, (I) You must arrange to defend the sured"against,and investigate or set- rented etrented 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 (il) 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- • (Ill)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 ball bonds (in- this insurance applies, that the °in- cluding 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 II—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 tion 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 induded F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- SECT C., Limit OfAB Insurance,OV of ERAGE—INDEMNITY BASIS 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: pllcable 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. bargo, 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 C 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office.Inc.with Its permission. • • 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 coun- (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., Exclu- (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 gate due to a cause other than a cause of"loss" furnishing of certificates of Insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance In any way with the laws of other countries relating to Insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that"auto" is a covered°auto"for Compre- The following is added to Paragraph D., Deducti- hensive Coverage under this policy; ble, of SECTION III — PHYSICAL DAMAGE b. The airbags are not covered under any war- 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: •ill ll—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses five 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 corn- graph A.4.a., Transportation Expenses, of pany); • SECTION III — PHYSICAL DAMAGE COVER- AGE; (d) An executive officer, director or insurance We will payupto $50per dayto a maximum of manager(If you are a corporation or other or- We ganization);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- tice of the"accident"or"loss°. ered"auto"of the private passenger type. • • • CA 13 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.S., 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- • •. 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",provided that the"accident.'or'loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. • • • . r • • • • • Page 4 of 4 @ 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted materiel of Insurance Services Office.Inc.with Its permission. -T POLICY NUMBER: DT-00-4D17801 A I L-14 ISSUE DATE: 09-30-14 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:30 NAME: CITY OF CORPUS CHRISTI DEPT OF ENGINEERING SERVICES ADDRESS:ATTN: CONTRACT ADMIN PO BOX 9277 CORPUS CHRISTI TX 78469-9277 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 mall 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-810-4D17801A-TCT-14 ISSUE DATE: 09-29-14 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JDESIGNATED ENTITY - NOTICE OF. CANCELLATION PROVIDE" BY DS This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: City of Corpus Christi Dept of Engineering Services • ADDRESS: PO Box 9277 Corpus Christi, TX 78469-9277 • • PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mall notice of cancellation to the effective date of cancellation. the person or.organization shown in the schedule IL T4 05 03 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 p A. WORKERS COMPENSATION TRAVELERS J AND ONE TOWER SQUARE / EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 / ENDORSEMENT WC 99 06 R3(00) POLICY NUMBER: (DTJUB-4D17801-A-14) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX-CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such • cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation.to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail,deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE • Number of Name and Address of Designated Persons or Organizations: Days Notice • 30 ' City of Corpus Christi Dept of Engineering Services PO Box 9277 Corpus Christi , TX 78469-9277 • • DATE OF ISSUE: 09-29-14 ST ASSIGN: Page 1 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: (DTJUB-4017801-A-14) 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. r DATE OF ISSUE: 09-29-14 ST ASSIGN: TRAVELERS 411116. WORKERS COMPENSATION J AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 03 04( B)- 001 POLICY NUMBER: (DTUUB-4D17801-A-14) , ,/ TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. 0 Specific Waiver Name of person or organization xp Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 09-29-14 ST ASSIGN: Page 1 of 1 ®Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. TRAVELERS AJmok WORKERS COMPENSATION • ONE TOWER SQUARE AND • HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ",A TYPE V INFORMATION PAGE WC 00 00 01 ( A) eg-Attlee��- plc, POLICY NUMBER: (DTJUB-4D17801-A-14) RENEWAL OF (DTNUB-4D1 7801-A-13) INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA NCCI CO CODE: 13579 1. INSURED: PRODUCER: TI-ZACK CONCRETE INC. HOUSE OF INSURANCE AGCY 39352 221 ST AVE • P 0 BOX 205 LE CENTER MN 56057 LE CENTER MN 56057 Insured Is A CORPORATION Other work places and Identification numbers are shown in the schedule(s)attached. 2. The policy period Is from 09-21-14 to 09-21-15 12:01 A.M. at the Insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s)listed here: MN TX nEOGN HEME B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work In each state listed In Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 500000 Each 2MMO Bodily Injury by Disease: $ 500000 Policy Limit Bodily Injury by Disease: $ 500000 Each Employee r C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, If any,listed here: rammm AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI ' MO MS MT NC NE NH NJ NM NV NY OK OR PA RI SC SD TN UT VA VT WI WV emmn panne D. This policy includes these endorsements and schedules: o� SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE 01 4. The premium for this policy will be determined by our Manuals of Rules,Classifications, Rates and Rating MEM Plans. All required Information Is subject to verification and change by audit to be made ANNUALLY. N• EB .o DATE OF ISSUE: 09-29-14 AS OFFICE: ST PAUL 06R DIRECT BILL PRODUCER: HOUSE OF INSURANCE AGCY BVN01 014717