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HomeMy WebLinkAboutC2015-340 - 9/8/2015 - Approved 2015-340 9/08/15 M2015-094 Haeber Roofing Company CONTRACT DO 4 I FOR CONSTRUCTION F REPL ( BOND2O12)1.. 1fr i , PROJECT * - a. 1... . 1 't f , < ,''' hii.40 4. I iiihin i 1 IIIIIIIIINIP' EMI= •r City of .�NRo ;tiA 4&*4,,,. ,,,. „ , , .,,,, „,„, Christi.. , i SolkaNavaTorno, LLC 6262 Weber Road, Suite 310 Corpus Christi, Texas -- 1 (361) 854-1471 1 i 1 Record Drawing Number PBG 784 June 5, • E 2015 I__ 00 9101 ADDENDUM NUMBER 01 Project: Museum Roof Replacement(Bond 2012) Project Number:E12120 Owner: City of Corpus Christi ' OAR: Jeffrey H.Edmonds, P.E. Ar '�� Designer: SolkaNavaTorno,LLC Addendum No. 01 Specification Section: 00 9101 Issue Date: 07/02/2015 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of.this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions,modifications or deletions to the Contract Documents described in this Addendum. Approved by: SolkaNavaTorno,LLC Erasmo Nava,Jr. 07/02/2015 Name Date •0 �1 7 i0 This addendum clarifies drawings and answers questions. ���/ The following bid documents are affected; ,� i 1. Technical Specifications and Drawings • Amend Mechanical Keyed Notes 1,0/� • 2. Questions and Answers SolkaNavaTorno,LLC -- -- ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 11 16 INVITATION TO BID-Article 7: 1. The time for receipt of Bids is unchanged,which is Wednesday.July 8.2015 at 2:00 2. The location for the receipt of Bids is unchanged. Addendum No.01 00 91 01-1 Museum Roof Replacement(Bond 2012) ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS AND DRAWINGS. 2.01 AMEND DRAWINGS A. Mechanical Keyed Notes;Drawings Sheet 12 of 17: ADD: Mechanical Keyed Note 6 "6. Remove and replace existing pipe supports for all gas piping with ERICO CADDY PYRAMID ST Adlustable Strut Supports or equal. Steel gas piping to remain. Support piping as indicated(maximum 6'-0"o.c.r B. Mechanical Roof Plan South;Drawings Sheet 12 of 17: ADD: General Note F "F. Keyed Note 6 to the various existing gas piping runs shown on the Roof Plan." C. Mechanical Keyed Notes; Drawings Sheet 13 of 17: DELETE: Keyed Note 3 Description: "Remove and replace existing pipe supports for all condensate drain piping with ERICO CADDY PYRAMID supports or equivalent. Copper drain piping to remain. Support pipe every 6 feet." ADD: Keyed Note 3 Description: "Remove and salvage existing copper condensate drain line piping supports for later reuse. Existing copper condensate drain line is to remain. Temporarily support the existing drain line during reroofing operations and adliust and reinstall the piping supports in their original locations once the new roofing Installation is complete." ARTICLE 3—QUESTIONS AND CLARIFICATIONS 3.01 QUESTIONS A. Question: "Instructions to Bidders Article 5 requires compliance with MBE/DBE policy. Section 00 72 03 explains the goals. Contractor may not able to comply with the MBE goal of 15%. The minority workforce compliance is not a problem. Given that the project is mostly a roofing project with few other trades,does non- compliance void a proposal or negate payments for work provided?" Answer: "MBE is a goal—not a requirement. The Contractor is required to submit the %of MBE workforce utilized with each pay application. Not meeting the goal does not void a proposal or negate payments for work provided." Addendum No.01 00 91 01-2 Museum Roof Replacement(Bond 2012) B. Question: "On Sheet 2 of the plans for roof sections 1,2&4. It calls out 1/2"minimum start thickness on the ISO insulation. I believe the manufacturer requires a minimum 1.5" start thickness for tested systems(to meet windstorm). This additional height may require raising of TWF or equipment please advise." Answer: "Bid shall include the 1/2 inch thick insulation as indicated on Drawings for Sections 1.2&4. Insulation revisions and affected roof conditions will be evaluated and reviewed with Windstorm Engineer during roof replacement sequencing." C. Question: "During the prebid it was brought up that the piping to be removed was different on the roof plan than the mechanical plan. Please clarify what sheet is correct?" Answer: "Refer to Amended Drawing notes in Article 2 of this addendum." END OF ADDENDUM NO.1 Addendum No.01 00 9101-3 Museum Roof Replacement(Bond 2012) tata 00 0100 TABLE OF CONTENTS Note to Specifier: Section 00 52 23"Agreement" must include a list of the Specification Sections in this Table of Contents to legally include these documents into the Contract Documents. Verify that the Table of Contents includes all Specification Sections and Appendices that are part of the Contract Documents. Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid (Rev 03/10/2015) iw 00 21 13 Instructions to Bidders (Rev 03/10/2015) 00 30 00 Bid Acknowledgment Form (Rev 03/10/2015) 00 30 01 Bid Form (Rev 03/23/2015) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification ins 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 03/23/2015) +.. 00 61 13 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions (Rev 3/23/2015) 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements(Rev 03/11/2015) 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions Division 01 General Requirements r 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev 03/11/2015) 01 29 01 Measurement and Basis for Payment 01 3100 Project Management and Coordination L. 01 31 13 Project Coordination 0131 14 Change Management 01 33 00 Document Management Table of Contents 00 01 00-1 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-10-2015 1 3 Division/ Title Section 3 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 0133 Q3 Record Data 0133 04 Construction Progress Schedule 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications Part T Technical Specifications Division 2 Sitework 02 4100 Demolition Division 5 Miscellaneous Metal 05 50 00 Metal Fabrications 2 Division 6 Wood, Plastics,and Composites 06 10 00 Rough Carpentry Division 7 Thermal and Moisture Protection I 07 01 50.19 Preparation for Re-Roofing 07 52 00 Modified Bituminous Membrane Roofing 07 62 00 Sheet Metal Flashing and Trim 07 90 05 Joint Sealers 3 Division 8 Openings 08 43 33 Aluminum-Framed Storefronts 08 80 00 Glazing I Table of Contents 00 0100-2 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-10-2015 I Division/ Title Section Division 9 Finishes 09 90 05 Painting and Coating Division 23 Mechanical 23 05 00 Basic Materials and Methods 23 05 10 Starting of Systems 23 29 00 Duct Insulation 23 57 60 HVAC Roof Curbs and Equipment Supports 23 78 00 Outdoor Air Handling Units 23 86 00 Power Ventilators 23 89 00 Metal Ductwork 23 99 00 Testing, Adjusting and Balancing END OF SECTION Table of Contents 00 01 00-3 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-10-2015 I 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: Name of Project: Museum Roof Replacement(Bond 2012) Owner's Project Identification No. E12120 A. Work is Described in General, Non-Inclusive Terms As: 1. Part A—Roof Replacement: The scope of Part A of the Project is the replacement of the existing roofing system on Roof Sections 1-11 of the Corpus Christi Museum of Science and History including roof membranes system,flashing membrane systems, rigid board roof insulation system, sheet metal flashing and trim, roof-mounted equipment and curbs, roofing related components and assemblies,and exterior ductwork at Discovery Dome HVAC unit. 2. Part B—Curtain Wall Replacement: The Scope of Part B of the Project is the replacement of the existing two story aluminum and glass curtain wall system located on the east end of the Children's Area with a new windstorm impact-rated aluminum and glass curtain wall system. Also included is the repair and repainting of the existing steel structural framing supporting the aluminum and glass curtain wall system. 3. Part C—Unforeseen Condition Allowances: The Allowance funds of Part C of the Project are intended to compensate for the additional costs of the replacement or repair of existing deteriorated or defective materials as it is likely to be discovered during the process of the replacement operations. 4. Part D—Additive Alternate No. 1: The scope of Additive Alternate No. 1 includes the replacement of two exterior aluminum and glass storefront exit doors located on the east end of the Children's • Area with new windstorm impact resistant aluminum and glass storefront exit doors, hardware and accessories. 5. Part E—Additive Alternate No. 2: The scope of Additive Alternate No. 2 includes the replacement of the existing roof- mounted HVAC air handling unit located on Roof Section 8 serving the Discovery Dome. Also included is replacement of the roof supports and related components and accessories. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,280,000.00 including allowances. The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. Invitation to Bid 00 11 16-1 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-10-2015 L 1 I ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: I http:/www.civcastusa.com/ I 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 I other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,June 23, 2015 at 10:00 a.m. at the following location: Corpus Christi Museum of Science & History Conference Room (TBD) 1900 N.Chaparral St. 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 5:00 p.m. 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. I 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. I 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. Invitation to Bid 001116-2 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-10-2015 I I I 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(5%)of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 7 below. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be 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: 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 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 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 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than 2:00 p.m. on Wednesday,July 8, 2015 to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 1st floor of the City Hall Building. Bids received after this time will not be accepted. If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Invitation to Bid 00 11 16-3 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-10-2015 L I I Corpus Christi,Texas 78401 Attention: City Secretary Bid -Museum Roof Replacement(Bond 2012), Project No. E12120 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 7.02 Bids will be publicly opened and read aloud at 2:00 p.m.,Wednesday,July 8, 2015, at the following location: I City Hall Building- City of Corpus Christi 111 First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to either the lowest responsible Bidder or the Bidder who provides the best value who submits a responsive Bid. The Owner reserves the I 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. I ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including I Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. I END OF SECTION 1 I I I Invitation to Bid 00 11 16-4 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-10-2015 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 $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors INN 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non Owned, Rented and Leased $1,000,000 Combined Single Limit w. Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence `„n Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price it ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required re Owner's Protective Liability Equal to Contractor's liability insurance f. ❑ Required X Not Required ibur 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 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 to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full 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. 3 G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies di with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 3 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV07-03-2014 I I 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). 1 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury, sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 L I I h) Any loss to temporary Project Works if their value is included in the Contract Price. 111 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. I 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. 111 3. Broad form property damage coverage. 4. Severability of interest. I 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 3 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 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 I I I H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage,in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings, falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood;collapse; explosion;debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that Insurance Requirements 00 72 01-5 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 L I I caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current; earthquake;volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the 1 Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 3 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. 111 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. 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. 3 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. 3 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV07-03-2014 I I insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds,and the officers, directors, members, partners, employees,agents, consultants,and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Museum Roof Replacement(Bond 2012),Project Number: E12120 REV 07-03-2014 I 1 I 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. 1 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies,declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. 3 B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. Insurance Requirements 00 72 01-8 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 I I I 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 undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 L I I I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: 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; 3 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 07-03-2014 1 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. None. B. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas SolkaNavaTorno, LLC NRG Engineering, Inc. MGM Engineering, Inc. 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 a measureable trace 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 Supplementary Conditions 00 73 00- 1 Museum Roof Replacement(Bond 2012), Project Number: E12120 11-25-2013 June 4 December 3 3. A total of 43 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 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. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Drawings of physical conditions relating to existing structures at the Site (except Underground Facilities) include the following: a. The Contractor may rely on the following Technical Data (Owner's record drawings) in using this document: 1) PBG#245 2) PBG#316 3) PBG#353 4) PBG#497 5) PBG #602 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. Asbestos Survey Report, Prepared by Envirotest Ltd, May 14, 2015; No. 15-5395. 1) Existing roofing materials tests and results. 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 10 percent of the Work, measured as a percentage of the Contract Price, using its own employees." a END OF SECTION Supplementary Conditions 00 73 00-2 Museum Roof Replacement(Bond 2012), Project Number: E12120 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 8,2015, is between the City of Corpus Christi (Owner)and Haeber Roofing Company (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Museum Roof Replacement (Bond 2012) Project Number E12120 1. Part A—Roof Replacement: The scope of Part A of the Project is the replacement of the existing roofing system on Roof Sections 1-11 of the Corpus Christi Museum of Science and History including roof membranes system,flashing membrane systems, rigid board roof insulation system, sheet metal flashing and trim, roof-mounted equipment and curbs, roofing related components and assemblies, and exterior ductwork at Discovery Dome HVAC unit. 2. Part B—Curtain Wall Replacement: The Scope of Part B of the Project is the replacement of the existing two story aluminum and glass curtain wall system located on the east end of the Children's Area with a new windstorm impact-rated aluminum and glass curtain wall system. Also included is the repair and repainting of the existing steel structural framing supporting the aluminum and glass curtain wall system. 3. Part C—Unforeseen Condition Allowances: The Allowance funds of Part C of the Project are intended to compensate for the additional costs of the replacement or repair of existing deteriorated or defective materials as it is likely to be discovered during the process of the replacement operations. 4. Part D—Additive Alternate No. 1: The scope of Additive Alternate No. 1 includes the replacement of two exterior aluminum and glass storefront exit doors located on the east end of the Children's Area with new windstorm impact resistant aluminum and glass storefront exit doors, hardware and accessories. 5. Part E—Additive Alternate No. 2: The scope of Additive Alternate No. 2 includes the replacement of the existing roof- mounted HVAC air handling unit located on Roof Section 8 serving the Discovery Dome. Also included is replacement of the roof supports and related components and accessories. Agreement 00 52 23-1 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-23-2015 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: SolkaNavaTorno, LLC 6262 Weber Road,Suite 310 Corpus Christi,Texas 78413 2.02 The Owner's Authorized Representative for this Project is: "TO BE DETERMINED" Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 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 210 days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for 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$750.00 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$750.00 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. Agreement 00 52 23-2 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-23-2015 4. 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 prices shown in the attached BID FORM. Total Base Bid+Add. Alts. Nos. 1&2 Price $ 1,331,271.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. Agreement 00 52 23-3 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV03-23-2015 ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Drawings of physical conditions relating to existing surface at the Site; 2. Reports and drawings relating to Hazardous Environmental Conditions, if any, at the Site; and 3. 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. Agreement 00 52 23-4 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-23-2015 H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts,vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in Drawing G1.0, Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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. Agreement 00 52 23-5 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-23-2015 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements 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 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-23-2015 ATTEST C ' •- 'USC • R211,12C._ 14t •-‘2- tt-Z1 City Secretary J. dmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM .•....... U I HUKILu SY COUNCIL1316:2: .._......� . Asst. City Attorney 4-14 Nairn -- �. ATTEST(IF CORPORATION) CONTRACTOR Haeber R fine Corrigan (Seal Below) By: 4L I. t Note: Attach copy of authorization to sign if aron -uc er Person signing for Contractor is not President, Title: President Vice President, Chief Executive Officer, or Chief Financial Officer 2833 Holly Rd. Address Corpus Christi,TX 78415 City St Zip 361/851-8142 Phone Drucker3@aol.com EMail END OF SECTION Agreement 00 52 23-7 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 03-23-2015 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Haeber Roofing Company (type or print name of company)on: Wednesday,July 8,2015 at 2:00 p.m.for Project#E12120 Museum Roof Replacement(Bond 2012). 1.02 Submit Bids,Bid Security and all attachments to the Bid(See Section 7.01 below)to the City's electronic bidding website at https://www.civcastusa.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check,please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Museum Roof Replacement(Bond 2012),Project No.E12120 All envelopes and packages(including FEDEX envelopes)must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 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 ature Ackri edging Recei 07/02/2015 Bid Acknowledgement Form 00 30 00-1 Museum Roof Replacement(Bond 2012),Project Number:E12120 REV 03-10.2015 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 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. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; B. Reports and drawings relating to Hazardous Environmental Conditions,if any,at the Site; and C. 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 Acknowledgement Form 00 30 00-2 Museum Roof Replacement(Bond 2012),Project Number:E12120 REV 03-10-2015 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 for: Base Bid $ 1.265,196.00 Add Alternate 1 $ 20,640.00 Add Alternate 2 $ 45,435.00 The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner 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 or to the Bidder who provides the Best Value for the Owner. ARTICLE S—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the greatest amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner 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 or value,and whether the Bidder has met the minimum specific project experience requirements,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 Acknowledgement Form 00 30 00-3 Museum Roof Replacement(Bond 2012),Project Number:E12120 REV 03-10-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 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 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 3006 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a Bid Acknowledgement Form 00 30 00-4 Museum Roof Replacement(Bond 2012),Project Number:E12120 REV 03-10-2015 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: Haeber Roofmg Company (Sta f Texas Charter No.00440605) %^ �(tytyped or ' ed full legal name of Bidder) 1 Wa --- (individual's signature) - Name: Sharon Rucker (typed or printed) Title: President (typed or printed) Attest:14ft/— (individual's signature) State of Residency: Texas Federal Tax Id.No. 74-1995512 Address for giving notices: 2833 Holly Road Corpus Christi,TX 78415 Phone: 361-851-8142 Email: Donald Rucker III - drucker3@aol.com (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 Acknowledgement Form 00 30 00-5 Museum Roof Replacement(Bond 2012),Project Number:E12120 REV 03-10-2015 00 30 01 BID FORM 00 30 01 BID FORM Project Name: Museum Roof Replacement(Bond 2012) Project Number: E12120 Owner: City of Corpus Christi Bidder: Haeber Roofing Company OAR: Designer: SolkaNavaTorno, LLC Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-ROOF REPLACEMENT(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization 1 LS $ 10.000.00 $ 10,000.00- A2 Replace Roofing on Roof Sections 1-11 1 LS $ 346,861.60 $ 5.16,861.00 SUBTOTAL PART A-ROOF REPLACEMENT(Items Al THRU A2) $ 856.861.00 Part B-CURTAIN WALL REPLACEMENT(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Replace existing curtain wall at east end of Children's B1 Area 1 LS $358,335.00 $355.335.00- SUBTOTAL PART B-CURTAIN WALL REPLACEMENT(Item B1) $358,335.00- Part C-ALLOWANCES(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Cl Part A Unforeseen Condition Allowance 1 LS $ 30,000.00 $ 30,000.00 C2 Part B Unforeseen Condition Allowance 1 LS $ 20,000.00 $ 20,000.00 SUBTOTAL PART C-ALLOWANCES (C1 THRU C2) $ 50,000.00 Part D-ADDITIVE ALTERNATE NO.1 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) D1 Replace two pair of aluminum and glass 1 LS exterior doors at Children's Area $ 20,640.00 $ 20.640.00- SUBTOTAL PART D-ADDITIVE ALTERNATE NO.1(Dl) $ 20.640.00 - Part E-ADDITIVE ALTERNATE NO.2 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) El Replace HVAC unit at Discovery Dome 1 LS $45,435.00 $ 45.435.00- SUBTOTAL PART E-ADDITIVE ALTERNATE NO.2(E1) $ 45,435.00- Bid Form Page 1 of 2 Museum Roof Replacement(Bond 2012), Project Number: E12120 PE. 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-ROOF REPLACEMENT(Items Al thru A2) $ 856.861.00 - SUBTOTAL PART B-CURTAIN WALL REPLACEMENT(Item B1) $ 358.335.00 - SUBTOTAL PART C-ALLOWANCES(Items Cl thru C2) $ 50,000.00 - SUBTOTAL PART D-ADDITIVE ALTERNATE NO. 1 (Item D1) $ 20,640.00 - SUBTOTAL PART E-ADDITIVE ALTERNATE NO. 2(Item El) $ 45.435.00 - TOTAL PROJECT BASE BID(PARTS A THRU C) I $ 1,265,196.00 - SUBTOTAL PART D-ADDITIVE ALTERNATE NO. 1 (Item D1) $ 20.640.00 - SUBTOTAL PART E-ADDITIVE ALTERNATE NO. 2 (Item El) $ 45.435.00 - Contract Times Bidder agrees to reach Substantial Completion in 180 days Bidder agrees to reach Final Completion in 210 days Bid Form Page 2 of 2 Museum Roof Replacement(Bond 2012), Project Number: E12120 REV 1414.20:4 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder"refers to a person whose principal place of business is in this state,including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. D Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 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: Hae• Roofing Company : e of Texas Charter No.00440605) Company : r printed By: -Vre-Q&21kjr—T (signature- ttach evidence of luthority to sign) Name: Sharon Rucker (typed or printed) Title: President Business address: 2833 Holly Road Corpus Christi,TX 78415 Phone: 361-851-8142 Email: Donald Rucker III - drucker3na,aol.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Museum Roof Replacement(Bond 2012),Project Number:E12120 11-25-2013 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. N/A 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.) Name of local government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C& D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes n No N/A 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? I-1 Yes n No N/A 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? a Yes a No N/A D.Describe each employment or business relationship with the local govemment officer named in this section. N/A . %I/I/cud ! 07/08/2015 Signature of person doing busine ith the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCITV— PURCHASING DIVISION CityofCITY OF CORPUS CHRISTI us DISCLOSURE OF INTEREST Corpus Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Haeber Roofing Company P.O.BOX: STREET ADDRESS: 2833 Holly Road CITY: Corpus Christi ZIP: 78415 - FIRM IS: I. Corporation M 2. Partnership ❑ 3. Sole Owner 124. Association u 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 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 N/A 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A r 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: Sharon Rucker Title: President (Type or Print) / Signature of Certifying / �, Person: ate: 07/08/2015 V 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. J 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: Museum Roof Replacement(Bond 2012),Project Number: E12120 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: Haeber Roofing Company (State of Texas Charter No.00440605) ( d or p 'nted) By: (signature—a ach evidence of authority to sign) Name: Sharon Rucker (typed or printed) Title: President Business address: 2833 Holly Road Corpus Christi,TX 78415 Phone: 361-851-8142 Email: Donald Ruckerill - drucker3@aol.com END OF SECTION Non-Collusion Certification 00 30 06-1 Museum Roof Replacement(Bond 2012),Project Number:E12120 11-25-2013 r. •J ANNUAL MEETING OF THE BOARD OF DIRECTORS OF HAEBER ROOFING COMPANY JANUARY 9, 2007 THE ANNUAL BOARD OF DIRECTORS MEETING OF HAEBER ROOFING COMPANY WAS HELD IMMEDIATELY FOLLOWING THE ANNUAL STOCKHOLDERS MEETING AT 1:00 P.M. ON JANUARY 9, 2007 AT THE OFFICE AT 2833 HOLLY ROAD, CORPUS CHRISTI, TEXAS 78415. THE FOLLOWING DIRECTORS WERE PRESENT: RALPH HAEBER, IRENE HAEBER AND SHARON RUCKER. IRENE HAEBER READ THE MINUTES FROM THE PREVIOUS MEETING AND THE MINUTES STOOD APPROVED AS READ. THE OFFICE OF THE PRESIDENT WILL BE FILLED BY SHARON RUCKER AND IRENE HAEBER WOULD REMAIN THE SECRETARY TREASURER. RALPH HAEBER WILL BE THE VICE-PRESIDENT. ALL AGREED THAT THE RETAINED EARNINGS OF THE COMPANY WOULD BE RETAINED FOR FUTURE EXPANSIONS OF THE COMPANY AND ALSO,FUNDS WILL BE USED TO FINANCE OUR PROJECTS FOR THE MATERIALS THAT WE PURCHASE FOR THESE PROJECTS. THE COMPANY WILL CONTINUE TO LEASE THE PREMISES LOCATED AT 2833 HOLLY ROAD, CORPUS CHRISTI, TEXAS AS IT HAS IN THE PAST YEARS ON A MONTH TO MONTH BASIS AND UNDER THE SAME TERMS AS IN PREVIOUS YEARS. OUR WORKERS COMPENSATION MODIFIER WILL SEE AN INCREASE MOST LIKELY DURING THE UPCOMING YEAR DUE TO THE ACCIDENT THAT WE ENCOUNTERED AT THE END OF THE 2006 YEAR. NO lid FA: BUSINESS 11 G ;EFORE US AT THIS TIME THE MEET1'G WAS ADJOURNED. I AP r�� 40 1 MU Y ' 11 '1' / / Y / i/ _ I/ !may!/. 1/1 .� i ��= Aar,`: . A: 4;-, VICE-PRES. 777?" BARBER, E ./TREAS. 00 61 13 PERFORMANCE BOND BOND NO. TXC607332 Contractor as Principal Surety Name: Haeber Roofing Company Name: MERCHANTS BONDING COMPANY(MUTUAL) Mailing address(principal place of business): Mailing address (principal place of business): 2833 Holly Rd. 9500 ARBORETUM BLVD., STE 100 Corpus Christi,TX 78415 AUSTIN, TEXAS 78759 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 under the laws of the state of: IOWA Corpus Christi,Texas 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): 512-241-4514 #E12120 Museum Roof Replacement(Bond 2012) Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September 8,2015 Address: 500 N. SHORELINE BLVD, STE 1200 Contract Price: $1,331,271.00 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: mmoore@s—gins.com Date of Bond: SEPTEMBER 14, 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 Performance Bond 00 61 13-1 Proj E12120 Museum Roof Replacement(Bond 2012) 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 Pri / Surety Signatur-: 44p Signature: _ _ // „ Name: Sharon Rucker Name: MARY LEN MOORE Title: President Title: ATTORNEY IN FACT Email Address: srucker3@aol.com Email Address: mmoore@s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Proj E12120 Museum Roof Replacement(Bond 2012) 7-8-2014 00 61 16 PAYMENT BOND BOND NO. TXC607332 Contractor as Principal Surety Name: Haeber Roofing Company Name: MERCHANTS BONDING COMPANY(MUTUAL) Mailing address(principal place of business): Mailing address(principal place of business): 2833 Holly Rd. 9500 ARBORETUM BLVD., STE 100 Corpus Christi,TX 78415 AUSTIN, TEXAS 78759 Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas SAME Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: IOWA Corpus Christi,Texas 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):512-241-4514 #12120 Museum Roof Replacement(Bond 20121 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety NameSWANTNER & GORDON INSURANCE AGENCY Award Date of the Contract: September 8,2015 Address:500 N. SHORELINE BLVD., STE 1200 CORPUS CHRISTI, TEXAS 78401 Contract Price: $1,331,271.00 Bond Telephone: 361-883-1711 Email Address: mmoore@s—gins.com Date of Bond: SEPTEMBER 14, 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 maybe obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Proj E12120 Museum Roof Replacement(Bond 2012) 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 Princi Surety Signatur • ,( Signature: Name: Sharon Rucker Name: MARY OEN MOORE Title: President Title: ATTORNEY IN FACT Email Address: srucker3@aol.com Email Address: mmoore@s—gins.corn (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 6116-2 Proj E12120 Museum Roof Replacement(Bond 2012) 7-8-2014 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Aaron J Endris; Cathleen Hayles; Danielle Harris; Kerry M McIntosh; Mary Ellen Moore; Rene Goforth; Steve Addkison; Tami J Duncan their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." 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. 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 or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 . • MERCHANTS BONDING COMPANY(MUTUAL) ``��,A��O,, C .' O 410•• MERCHANTS NATIONAL BONDING,INC. �?a R�. pow ;0O.•VQg9.gy. • 'V V J�..c• % c• • 2003 r• .n= �6'� 1933 : • By /t177 STATE OF IOWA ' * •'• ' COUNTY OF Dallas ss. President On this 15th day of August , 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. "40 WENDY WOODY ° = Commission Number 784654 0110. 4 My Commission Expires �owP June 20, 2017 Notary Pubh , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 14 day of SEPTEMBER,' 2015 • ............. . AOR' © � .'_ ' O� Rq'qI-• fin? ' O Q�. 01 ••y.•V J�.<• :I: kr —0- • •2: :Z. Secretary ='�•• 2003 : : •a 1933 :c; POA 0014 (6/15) "��j, "" , MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOx 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) A�� ® CERTIFICATE OF LIABILITY INSURANCE M/ ATE(MDD/YYYY) 9/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ryan Guerrra NAME: Higginbotham Insurance Agency, Inc. PHHONN 361-561-4269 FAX 361-844-0101 dba Swantner&Gordon Insurance Agency, LLC ( Ext): (NC.No): PO Box 870 E-MAIL DRESS:certificates-sr@higginbotham.net Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern Insurance Company 19216 INSURED HAEBE1 INSURER B:Continental Casualty Company 20443 Haeber Roofing Company INSURER C:Valley Forge Insurance Company 20508 2833 Holly Rd INSURER D:American Casualty Co of Reading PA 20427 Corpus Christi TX 78415 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:611969792 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 ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY/ C6017022425 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 TCLAIMS-MADE X OCCUR / PRS l RENTED `// PREEMIMI E SES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 - _ POLICY X 1,78-= LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY / C6017022442 5/1/2015 5/1/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO / BODILY INJURY(Per person) $ / ALL OWNED SCHEDULED `/ BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR / C6017022456 5/1/2015 5/1/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE I/ AGGREGATE $5,000,000 / DED X RETENTION$10,000 $ D WORKERS COMPENSATION /Y/N WC6017022473 5/1/2015 5/1/2016 PER ERH- AND EMPLOYERS'LIABILITY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ✓ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation Floater CIM551638403 5/1/2015 5/1/2016 Limit $1,000,000 Ded $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached K more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Capital Programs ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Sylvia Arriaga- P.O. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAEBE1 _ LOC#: A 9 D� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Haeber Roofing Company 2833 Holly Rd POLICY NUMBER Corpus Christi TX 78415 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Contractor's General Liability Extension Endorsement Form G-18652-J 07/12. General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status per Blanket Additional Insured -Owners, Lessees or Contractors-With Products-Completed Operations Coverage- Form G-140331-D 01/13. General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision per Contractor's General Liability Extension Endorsement Form G-18652-J 07/12. Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Contractors Extended BA Plus Coverage Endorsement Form CNA63359XX 04/12. Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status per Contractors Extended BA Plus Coverage Endorsement Form CNA63359XX 04/12. Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it per Texas Waiver of Our Right to Recover from Others Endorsement Form WC 42 03 04 B 06/14. Umbrella policy follows the terms, definitions, conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance per Commercial Umbrella Plus Coverage Part Form G15057C 06/05. Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Texas Notice of Material Change Endorsement Form WC 42 06 01 07/84. General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Texas Changes-Amendment of Cancellation Provisions or Coverage Change Form CG 02 05 12/04. Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium per Texas Cancellation Provision or Coverage Change Endorsement-Form G300660A 06/08. Project#: E12120 Museum Roof Replacement(Bond 2012) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. . SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Vt Seven additional insured extensions. 2. Bodily Injury--Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And "Your Work" Limit: $100,000. _ 6. Contractual Liability—Railroads Expanded definition of"insured contract". 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force—"bodily injury"or"property damage". 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage _ 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. _ 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators W 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. _ O. Unintentional Failure To Disclose.Hazards 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed 07/12) Policy No: 06017022425 / Page 1 Endorsement No: Effective Date: 0 5/01/15 Insured Name: Haeber Roofing Company ©CNA All Rights Reserved. (NA 1. ADDITIONAL INSURED SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured)described in paragraphs A.through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written • agreement: i._Is currently in effect or becomes effective during the term of this policy; and ii._Was executed prior to the "bodily injury," "property damage"or"personal injury and advertising injury"for which the additional insured seeks coverage. However,we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through E. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. C. Lessor- Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. D. Lessor- Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor- Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: G-18652-J (Ed 07112) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: 0 CNA All Rights Reserved. CNA from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE—ELEVATORS A. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph(3), (4)and (6) of exclusion j. Damage to Property do not apply"property damage"that results from the use of elevators. B.With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1)Tills insurance is excess over: (a)Any of the other insurance, whether primary, excess,contingent or on any other basis: (v)That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I—Supplementary Payments —Coverages A and B, Paragraph 1.b., the limit of$250 shown for the cost of bail bonds is replaced by$5,000: B. In Paragraph 1.d., the limit of$250 shown for daily loss of earnings is replaced by$1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy,we will not deny coverage under this Coverage Part because of such failure. °WAIVER OF SUBGROGATION -BLANKET Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products-completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a"consolidated (wrap- up) insurance program" by applicable state statute or regulation: G-18652-J (Ed 07/12) Policy No: Page 13 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. CNA / BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS— WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the "written contract", provided the location is within the"coverage territory" of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by"written contract"to add as an additional insured on this Coverage Part;and 2.The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury", "property damage", or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work"that is specified in the "written contract" but only for"bodily injury"or"property damage" included in the"products-completed operations hazard", and only if: (1)The"written contract" requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 1010 01), or via the 10/01 edition of CG2037(aka CG 20 37 10 01), or via the 11/85 edition of CG2010(aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. G-140331-D (Ed. 01/13) Policy No: C6017022425 Page 1 Endorsement No: Effective Date: 05/01/15 Insured Name: Haeber Roofing Company ©CNA All Rights Reserved. ciliA 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance(Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the"written contract"to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to"bodily injury", "property damage", or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering,or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or"suit"under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit"; and (4) Tender the defense and indemnity of any claim or"suit"to any other insurer or setf insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract" requires this insurance to be primary and non-contributory, this provision(4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: a.The"bodily injury"or"property damage"; or b The offense that caused the"personal and advertising injury", for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-140331-D(Ed.01/13) Policy No: Page 2 Endorsement No: Effective Date: Insured Name: ©CNA All Rights Reserved. no .r. r.L)v.liiy Lumpa1iy Policy: C6017022442 v// CNA63359XX CNA Effective Date: 05/01/15 (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An /The following is added to Section II, Paragraph Insured, includes those policies that were in force / A.1.,Who Is An Insured: on the inception date of this Coverage Form but: \\\/// 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "insured" under any other liability"policy"providing "auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to$5,000; and 2. Any organization you newly acquire or form, other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date, whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — o b. Does not apply to: Falling Objects Or Missiles r (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph o caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered "auto," any deductible formed the organization; or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us, rather than replaced. "policy"providing "auto"coverage. B. Transportation Expenses 3. Any person or organization that you are required by a written contract to name as an Section III, Paragraph A.4.a. is revised, with additional insured is an "insured" but only with respect to transportation expense incurred by you, --- respect to their legal liability for acts or to provide: omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to "insured" under Section II — Who Is An b. $1,800 maximum, in lieu of$600. Insured and for whom Liability Coverage is afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your "employee" without a driver, under a related to the conduct of your business; and contract in that individual "employee's" name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of 30 days or less, under a contract in that c. The most we will pay for any one individual "employee's" name, with your "accident" or "loss" is the actual cash permission, while performing duties value, cost of repair, cost of replacement related to the conduct of your business. or $75,000, whichever is less, minus a $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of accidental damage and not as a result of d. The physical damage coverage as is provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the installation of substandard parts. your owned "autos." d. The most we will pay for "loss" to a e. Such physical damage coverage for hired "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an "accident" for (1) $5,000; or which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.: a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories. CNA63359XX Copyright,CNA corporation,2000. Page 2 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident"or"loss." using a covered "auto" described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or "loss" is known to you B.5.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident" or"Loss." or"suit." This will not mean that you have E. Policy Period, Coverage Territory such knowledge, unless receipt of such documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.5. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury, sickness or disease 0Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Haeber Roofing Company POLICY NUMBER: C6017022425 V COMMERCIAL GENERAL LIABILITY Effective Date : 05/01/15 CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -- AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART / LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: 'Per schedule on file ' • 2. Address: Cancellation notification to the above entities will not apply to cancellatio for non payment of premium 3. Number of days advance notice:03 0 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. MOS mra ass: MEM Itl� CC 02 05 12 04 Copyright,ISO Properties, Inc.,2003 Page 1 of 1 CNA G-300660-A (Ed.06108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES- NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1 GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the poky unless another date is indicated below: Endorsement Effective 05/01/15 Policy Number C6017022442 ` / Named Insured Haeber Roofing Company Countersigned by v (Authorized Representative) In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1.Number of days advance notice: 30 M 2.Name: 30 DAY NOTICE OP CANCELLATION APPLIES 3.Address: TO PER LIST MAINTAINED ON FILE BY 1 COMPANY MME EMM 0 saw ISOM G-300660-A Pagel of 1 (Ed.06108) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 08 01 (Ed.7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Thls endorsement applies only to the insurance provided by the policy because Texas Is shown In Item 3.A. of the Information Page, In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named In the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: 30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY. b 8 b NOM= This endbrsomcnt than0aa the policy to which it is attached and is effective on the date Issued Mess otherwise stated. (the Information below Is required only when this endorsement is issued subsequentto reparation of the poky.) Endorsement Effective 05/01/15 Poky No. W C 6 017 0 2 2 4 7 3 Endorsement No. emium IMI= Insured Haeber Roofing Company Pr $ EES Insurance Company Countersigned by WC420601 (Ed.7-84) Insured: Haeber RoofingCompany P Y Policy No. : WC60170722473 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 0304 B (Ed.6-14) 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. ( ) Specific Waiver Name of person or organization (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations:ALL TEXAS LOCATIONS AND OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: SEE SCHD 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 WC420304B (Ed.06-14) Copyright 2014 National Counal on Compensation Insurance,Inc.All Rights Reserved.