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HomeMy WebLinkAboutC2016-336 - 6/29/2016 - NA AMENDMENT NO. 1 TO AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and Tolunav-Wong Engineers, Inc., ("LAB"), acting through its duly authorized representative who is Don R. Rokohl, P.E., Branch Manager,which agree as follows Original Agreement Administrative Approval $5,564.00 October 28, 2014 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Hike and Bike Trail Development—Bear Creek Trail(Project No. E12116) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit"A", Scope of Services and Fee Schedule under this Agreement, a total fee of$1,125.50,for a total revised fee not to exceed $6,689.50. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows. None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer However, Lab may use standard details that are not specific to this Project. CITY •F CORPU C •15T1 TOLUNAY-WONG ENGINEERS, INC. (p/g/5/A0 .0- (L. 14a 5. Z6 - 16 V ie H. Gray, P.E. (Q 2.! -•rQTate) Don R. Rokohl (Date) - Ex utive Directo of P blic or"s Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361)884-5050 Office drokohl @tweinc.corrin APPROVED AS TO LEGAL FORM 5/31/16 Assistant City Attorney (Date) Project Number E12116 Accounting Unit 3292-141 Account 550920 Activity E12116 01 3292 EXP Account Category 50920 Fund Name Parks and Rec Bond 2008 2016-336 6/29/16 '6 HIKE AND BIKE TRAIL OEVELO'MENr'TWE AMENDMENT NO 11TESTING AGREEMENT REV 12.15 DOC Rev 12,15'15 Tolunay-Wong Engineers Inc. INDEXED TOLUENG-01 SBRANDT_ AC-CPR 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDlYYYY) 412212016 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 NAME: Cravens Warren Insurance Agency,Inc • PHONE600 FAX 713 690-6020 10011 W.Gulf Bank Rd. (A/c,No,Ext):(713)690- 0 (Arc,No). ) Houston,TX 77040 E-MAIL DRESS: INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Texas Mutual Insurance Company 22945 Tolunay-Wong Engineers,Inc. INSURER C:Evanston Insurance Company 35378 10710 S.Sam Houston Pkwy W. INSURER 0:United Specialty Insurance Co 12537 Houston,TX 77031 INSURER E I INSURER F: COVERAGES CERTIFICATE NUMBER: 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 OLICYPERIODINDICATED 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 ADOL SUBR POLICY EFF POLICY EXP I OR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DO/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000. CLAMS MADE X OCCUR 6014158428 08/01/2015 08/01/2016 PREM PREAktAGE MISES occurrence) S 300,000 X Contractual Liab MED EXP(Any one person) 5 10,000 PERSONAL S ADV INJURY $ 1,000,000, GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 2,000,000 POLICY X JE LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER EmployeeBenefit s 1,000,0001 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY tEa accident) s 1,000,000 A X ANY AUTO 6014158400 08/01/2015 08/01/2016 BODILY INJURY(Per persons $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) S X UMBRELLA UAB X OCCUR EACH OCCURRENCE S 15,000,00 A EXCESSLIAB CLAIMS-MADE 6014158414 08/01/2015 08/01/2016 AGGREGATE 5 15,000,00' DED X RETENTION$ 10,000 $ WORKERS COMPENSATION ...-.-OER - OTH- - ----_- -.. -._ AND EMPLOYERS'LIABILITY X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N TSF0001235624 12/20/2015 12/20/2016 E L EACH ACCIDENT S 1,000,00' OFFICER/MEMBER EXCLUDED, ' N N I A (Mandatory in NH) E L DISEASE-EA EMPLOYEE S 1,000,001 If yes.describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT S 1,000,00' C Professional E&O MAX7PL0001890 08/01/2015 08/01/2016 Per Claim/Aggregate 2,000,00' D Contractor Pollution USA4096542 08/01/2015 08/01/2016 Per Occurrence/Agg 5,000,00# DESCRIPTION OF OPERATIONS t LOCATIONS r VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached It more space is required) (A)Equipment Floater-Policy#6014158428;Policy Effective 8/1/15 Policy Expiration 8/1/16:Blanket Scheduled Limit:$1,285.586 Per item limit.$110,000; I Leased/Rented$150,000.$250 Deductible. (E)Argonaut Insurance company-WORKERS'COMPENSATION AND EMPLOYERS LIABILITY-NO proprietor/Partner/Executive Officer/Member is excluded- Policy#WC928098366854(LA)-Policy Effective 12/20/2015 Policy Expiration 12/20/2016-Limits Per Statue-$1.000,000 EL Each accident,$1,000,000 EL 1 Disease-Each Employee, $1,000,000 EL Disease-Policy Limit SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION —--------- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn1201 Brian er S1 1201 Leopard rd StSteer Ste. 300 4.1001141 L. Corps Christi,TX 78.401 _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • OpToiunay-Wong 826 South Padre Island Drive Corpus Christi,Texas 78416 Englnl'l'1'S, Inc. Phone:(361)884-5050 May 11,2016 City of Corpus Christi P. 0. Box 9277 Corpus Christi,Texas 78469-9277 BrianB2@cctexas.com) Phone: (361)826-3500 Attn: Mr. Brian Bresler, P.E. Re: Proposal for Amendment No. 1R1 Construction Materials Testing Services For: Hike and Bike Trail Development Bear Creek Trail Corpus Christi,Texas Project No. E12116 Dear Mr. Bresler: The contract amount for services at the referenced project has been exceeded. A summary of the contract amount,previous invoices and future invoices is provided below. Original Contract Amount +$5,564.00 Amount Previously Paid -$5,102.00 Contract Amount Available To Date +$ 462.00 Amount of Unpaid Invoices -$1,587.50 Amount Needed To Cover Unpaid Invoices -$1,125.50 The original contract amount was based on a schedule of testing in the project plans and specifications. We have exceeded the amount of on-site testing time due to more trips and tests than originally anticipated. The increased number of trips and tests as well as waiting for the ready mix company to deliver concrete has caused the testing budget to be exceeded. We ask the City to increase the contract amount for the project by$1,125.50. Respectfully submitted, Tolunay-Wong Engineers,Inc. b Iz i,...1,74.„( Don R. Rokohl, P.E. Branch Manager drokohl@tweinc.com DRR/drr Geotechnical Engineering•Environmental Field and Consulting Services•Constriction Materials Testing•Deep Foundations Testing EXHIBIT A PAGE 1 OF 1 • EXHIBIT "B" TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. Exhibit B Testing Agreement T&C Page 1 Rev. 09/29/15 • • EXHIBIT "B" 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples'containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. Exhibit B Testing Agreement T&C Page 2 Rev. 09/29/15 • • EXHIBIT "B" ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement for amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Exhibit B Testing Agreement T&C Page 3 Rev. 09/29/15 EXHIBIT "B" Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence- aggregate endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services Exhibit B Testing Agreement T&C Page 4 Rev. 09/29/15 • • EXHIBIT "B" P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors&Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5)calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS Exhibit B Testing Agreement T&C Page 5 Rev. 09/29/15 EXHIBIT "B" 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. 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CO m m v o o = V a) ca N ca a) — 0 = = CO -a o Page 1 of 1 m a_ Q n W 0 co < a. > 5 a w O cn cn U) m Q H • • , • �.M11111, TOLUENG-01 SBRANDT AC-ORE DATE(MM/DD/YYYY) ki........-- CERTIFICATE OF LIABILITY INSURANCE 4/22/2016 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 NAME: Cravens Warren Insurance Agency,Inc. PHONE (713) FAX 10011 W.Gulf Bank Rd. (A/C,No,Est): 690-6000 (ac,No):(713)690-6020 Houston,TX 77040 n DRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Texas Mutual Insurance Company 22945 Tolunay-Wong Engineers,Inc. INSURER C:Evanston Insurance Company 35378 - 10710 S.Sam Houston Pkwy W. INSURERD United Specialty Insurance Co 12537 Houston,TX 77031 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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. IN$R TYPE OF INSURANCE "ADDL SUBR -- _ -- POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X 6014158428 08/01/2015 08/01/2016 PREMIE TD RENTED 300,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ X Contractual Liab MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EmployeeBenefit $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO6014158400 08/01/2015 08/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUUTOS ED (Per accident) TY DAMAGE $ $ X UMBRELLA LIAB X_ OCCUR EACH OCCURRENCE $ 15,000,000 A EXCESS LIAB CLAIMS-MADE 6014158414 08/01/2015 08/01/2016 '.AGGREGATE $ 15,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X MUTE EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A TSF0001235624 12/20/2015 12/20/2016 E.L.EACH ACCIDENT .$ 1,000,000 OFFICER/MEMBER EXCLUDED? (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 C Professional E&O MAX7PL0001890 08/01/2015 08/01/2016 ''Per Claim/Aggregate 2,000,000 D Contractor Pollution USA4096542 08/01/2015 08/01/2016 Per Occurrence/Agg 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (A)Equipment Floater-Policy#6014158428;Policy Effective 8/1/15 Policy Expiration 8/1/16;Blanket Scheduled Limit:$1,285,586.Per item limit:$110,000; Leased/Rented$150,000;$250 Deductible. (E)Argonaut Insurance company-WORKERS'COMPENSATION AND EMPLOYERS LIABILITY-NO proprietor/Partner/Executive Officer/Member is excluded- Policy#WC928098366854(LA)-Policy Effective 12/20/2015 Policy Expiration 12/20/2016-Limits Per Statue-$1,000,000 EL Each accident,$1,000,000 EL Disease-Each Employee, $1,000,000 EL Disease-Policy Limit SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Brian er 1201 c � 1201 Leopard rd St Steet Ste.300 Corpus Christi,TX 78401 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID:TOLUENG-01 SBRANDT LOC#: 1 ACORD' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Cravens Warren Insurance Agency,Inc. Tolunay-Wong Engineers,Inc. 10710 S.Sam Houston Pkwy W. POLICY NUMBER Houston,TX 77031 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: The General Liability,Pollution, Professional&Auto Policies includes a blanket additional Insured to the Certificate Holder when required by written contract per form G140331-D(01/13),G147167-699(12/06),AM0102 0313, CA2048(10/13),G56015-B(11-91),ENV0001(12/09. The General Liability,Pollution,Professional,Auto Liability&Work comp policies includes a blanket Waiver of Subrogation to the Certificate Holder when required by written contract per form#CG2404(05/09),G-56015-B(11-91),MANU-1,CA0444(10/13)and WC420304B The General Liab,Pollution&Auto Policies are primary&non-contributory when required by written contract per form #CG2001(04/13),CA0001 0310,and ENV0001(12/09) The General Liability,Auto Liability&Work Compensation policies includes a 30 days'notice of cancellation(10 days for non-pay)if required by written contract per form#CG0205(12/04),CNA72315XX(02/13),and WC420601 Umbrella liability follow forms underlying except pollution and professional liability. All policies subject to terms,conditions, limitations and exclusions. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD