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HomeMy WebLinkAboutC2018-348 - 1/30/2018 - Approved • 2018-348 1/30/18 Ord.031351 Integrated Corrosion Companies 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 30,2018,is between the City of Corpus Christi (Owner)and Integrated Corrosion Companies (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: Mary Rhodes Pipeline Cathodic Protection Upgrades ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Russell Corrosion Consultants,LLC 7130 Minstrel Way,Suite 230 Columbia, Maryland 21045 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 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 230 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 260 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 00 52 23-1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF MARY RHODES PIPELINE CATHODIC PROTECTION UPGRADES PROJECT NUMBER E13088 Yrv+vr .eeo.eZr.�+ City of Corpus � AILL Christi" Russell Corrosion Consultants, LLC 7130 Minstrel Way, Suite 230. Columbia, Maryland {410}997-4489 Project Seal Date July 11 , 2017 Record Drawing Number 'WTR 462 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (ReV01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements(Rev 06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100- 1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 Division/ Title Section 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021020 Site Cleaning & Stripping 021040 Site Grading 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022100 Select Material 022420 Silt Fence 028020 Seeding 030020 Portland Cement Concrete 050200 Welding Part T Technical Specifications 16640 Pipeline Corrosion Control END OF SECTION Table of Contents 000100-2 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Mary Rhodes Pipeline Cathodic Protection Proiect Identification No. E13068 A. The concrete-bar wrapped cylinder Mary Rhodes Pipeline has existing corrosion control systems that require repair, replacement,and the installation of additional test stations with zinc anode groundbeds.The work includes mobilization, bonds and insurance,the installation for 6 new test stations with zinc anode groundbeds,the installation of zinc anodes at 15 existing test stations, and the removal and replacement of portions of the test station components at 126 existing test stations. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$612,000. The Project is to be substantially complete and ready for operation within 230 calendar days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113- 1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on Wednesday, November 15, 2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 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 Corpus Christi,Texas 78401 Attention: City Secretary Bid - Mary Rhodes Pipeline Cathodic Protection, Project No. #13068. 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. 3.05 Bids will be publicly opened and read aloud at 2:00 PM on Wednesday, November 15, 2017, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Services Smartboard Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. Invitation to Bid and Instructions to Bidders 002113-2 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,October 31,2017 at 2:00 PM at the following location: City Hall Building—Engineering Services Smartboard Room 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. Invitation to Bid and Instructions to Bidders 002113-3 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents,Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents,Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents,Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 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. 8.02 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 3 below. Invitation to Bid and Instructions to Bidders 002113-4 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 8.03 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. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. Invitation to Bid and Instructions to Bidders 002113-5 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. Invitation to Bid and Instructions to Bidders 002113-6 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. Invitation to Bid and Instructions to Bidders 002113-7 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 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. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services Department will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1)of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. Invitation to Bid and Instructions to Bidders 002113-8 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder 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 on Form CIQ 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 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will because to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. Invitation to Bid and Instructions to Bidders 002113-9 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. Invitation to Bid and Instructions to Bidders 002113- 10 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 11 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 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 $1,000,000 Per Occurrence 2. Premises—Completed Operations $2,000,000 Aggregate 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk (All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required Insurance Requirements 00 72 01- 1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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. 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 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 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. 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 with the exception of the workers' compensation policy and Contractor's professional liability policy. Insurance Requirements 00 72 01-2 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should 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; and 4. 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing Insurance Requirements 00 72 01-3 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. Insurance Requirements 00 72 01-4 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 E. For Projects with a Contract Value that exceeds$5,000,000, 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 Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. Insurance Requirements 00 72 01-5 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10.Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11.Include testing and startup. Insurance Requirements 00 72 01-6 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 12.Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 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 Insurance Requirements 00 72 01-7 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES Insurance Requirements 00 72 01-8 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact)any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project- includes the time from the beginning of the Work on the 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 Insurance Requirements 00 72 01-9 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Insurance Requirements 007201- 10 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201- 11 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 0091 01 ADDENDUM NUMBER _1_ Mary Rhodes Pipeline Cathodic Protection Project: U rages__ roject Number: Owner: City of Corpus Christi E130.68 City Engineer: J.H. Edmonds, P.E. Designer: Russell Corrosion LLC-Michael Szeli a, PE Addendum Specification Issue No. 1 Section: 0091 01 Date: 11/08/2017 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement 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: Mic)ael Szeliga, PE 11/07/2017 "�`' • � N pare ��� �N•M•y��V Addendum Items: *•• ••*�i �.M•IMMy»�M•M•M»MMw- •MICFWEL,JAMES SZEU Questions, answers and clarifications for the ».»••»•»» project. 9� 923Qfi 111. Russel/ Corrosion, LLC --- — Firm #F-9552 ARTICLE 1 — BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the bass for rejecting the Bid. Addendum No. _1 0091 01 - 1 E13068—Mary Rhodes Pipeline Cathodic Protection Upgrades Rev 01-08-20"6 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS ARTICLE 2 — CLARIFICATIONS 4.01 QUESTIONS A. Questicn: Section 16640, Paragraph 1.03.13 states that the Contractor shall employ on staff a Certified Cathodic protection or Corrosion Specialist. Please c'arify the use of tie word "Employ on staff' as a person hired by the employer or a subcontractor providing a service? If the definition above is meant as a subcontractor, will the City ccnsider the use of lower levels of NACE certification instead of a Corrosion/Cathodic Protection Specialist as a cost savings alternative? Answer: The intent of the specification is that the contractor shall have an employee who is certified by MACE at the Cathodic Protection Specialist level or at the Corrosion Specialist level. This was a specific requirement requested by Corpus Christi. Having a subcontractor who has an employee at one of those certification levels would not meet the requirements of the specifications. Additionally, the NACE Cathodic Protection Specialist or Corrosion Specialist shall oversee on site the installation of the corrosion control systems. B. Question: Section 16640, paragraph 4.01calls for all post installation testing by the "Engineer." Please clarify whether this is the City Engineer, the Project Engineer, the Design Consultant, or the contractor's Corrosion Specialist (who may or may not be a Texas PE.) If the Engineer is the contractor's engineer, is a California PE "Corros on" acceptable? Answer. The post installation testing will be conducted by the consultant who prepared the design documents. not by the contractor. C. Quest on: Is brush clearing included as a line item? Answer No, brush clearing is not included as a line item but :s subsidiary to the work being performed. It is not anticipated heavy brush will be encountered on the project. D. Quest on: What type of welding is required on the project, cade-weld,ng. pin brazing or brazing? Answer .Arc welding is required to attach bonding clips to pipe cylinder and brazing is required to attach test wires to bonding clips. See Details 5 and 6 on Sheet 28. Thermite welding and pin brazing is not required for this project. E. Question: Regarding Article 24.01-C. can a contractor put a bid in to be. the primary contractor, but still be listed as a subcontractor for another contractor's bid? Addendum No. _1 0091 01 -2 E13068— Mary Rhodes Pipeline Cathodic Protection Upgrades Rev 01-08-2016 Answer Yes, a contractor can submit one bid proposal as the primary contractor. The contractor can also be included as a subcontractor to multiple other primary contractors. 4.02 CLARIFICATIONS A. Clarification. None END OF ADDENDUM NO. 1 Addendum No. 1 0091 01 - 3 E13068 —Mary Rhodes Pipelire Cathodic Protection Upgrades Rev 01-08-20'6 CN'CAs-r Report Created On:11/15/2017 3:01:08 PM PROJECT: E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades BIDDER: Integrated Corrosion Companies TOTAL BID: $609,500.00 COMPLETION TIME: Not Required BIDDER INFO: 4411 Navigation Blvd. Houston,TX 77011 P:2282571356 F: 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 Integrated Corrosion Companies, Inc. (type or print name of company)on:Wednesday, November 15, 2017 at 2:00 PM for Project#E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades. 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 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-Mary Rhodes Pipeline Cathodic Protection Upgrades, Project No. E13068 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 SECTION 00 2113 INVITATION 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: Bid Acknowledgement Form 003000-1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt 009001 11/08/2017 x i 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. Underground Facilities referenced in 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; Bid Acknowledgement Form 003000-2 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 B. The means, methods,techniques,sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. Bid Acknowledgement Form 003000-3 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 C. Unit Price and figures column will be used to compute the actual Bid price. 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 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 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE b—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 230 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 260 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: Bid Acknowledgement Form 003000-4 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 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 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing Bid Acknowledgement Form 003000-5 Mary Rhodes Pipeiine Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 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: Integrated Corrosion Companies, Inc. (tvpVintedfull legal name of Bidder) By: X Y' (individual's signature) Name: Jesse Marion (typed or printed) President&CEO Title: (typed or printed) Attest: x a��6�� (individual's signature) State of Residency: Texas Federal Tax Id. No. 740523490 Address for giving notices: 9434 Katy Freeway Suite 200 Houston,Texas 77055 Phone: 713-789-9181 Email: jesse.marion@integratedcorrosion.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 003000-6 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 01-13-2016 Report Created On:11/15/2017 3:01:09 PM BID TOTALS BASE BID Total General $609,500.00 Total $609,500.00 BASE BID General No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $110,054.00 $110,054.00 A2 Bonds and Insurance LS 1 $9,500.00 $9,500.00 A3 Supply and Install New Anodes at New EA 6 $5,344.01 $32,064.06 Test Station A4 Supply and Install New Anodes at EA 16 $7,297.87 $116,765.92 Existing Test Station A5 Remove and Replace Portion of Test EA 126 $2,707.27 $341,116.02 Station Components Sub Total: $609,500.00 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. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 0 Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Integrated Corrosion Companies, Inc. 6�L /.—Ae d or printed) By: (signature--attach evidence of authority to sign) Name: Jesse Marion (typed or printed) Title: President&CEO Business address: 9434 Katy Freeway Suite 200 Houston,Texas 77055 Phone: 713-789-9181 Email: jesse.marion@integratedcorrosion.com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest ` SUPPLIER NUMBER TO BE ASSIGNED BY-CITY— PURCHASING DIVISION Cityof CITY OF CORPUS CHRISTI Corpuuss City DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Integrated Corrosion Companies, Inc. P.O.BOX: STREET ADDRESS: 9434 Katy Freeway Suite 200 CITY: Houston ,Texas ZIP: 77055 _ FIRM IS: 1. Corporation 8 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2016 FILING REQUIREMENTS Ifa person who requests offiei*fttion 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 ofQDrpus Christi,Texas as changes occur. Certifying Person: Jesse Marion Title: President&CEO (Type or Print) Signature of Certifying Date: 11/14/2017 Person: 14�/ --� 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 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: Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 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: Integrated Corrosion Companies, Inc. W ped or printed) 4 L""� le By: (signature--attach evidence of authority to sign) Jesse Marion Name: (typed or printed) Title: President&CEO Business address: 9434 Katy Freeway Suite 200 Houston,Texas 77055 Phone: 713-789-9181 Email: jesse.marion@integratedcorrosion.com END OF SECTION Non-Collusion Certification 00 30 06-1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 11-25-2013 SureTec BID BOND KNOW ALL MEN BY THESE PRESENTS,that we Integrated Corrosion Companies as principal, hereinafter called the"Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056, as surety, hereinafter called the"Surety,"are held and firmly bound unto City of Corpus Christi as obligee, hereinafter called the Obligee, in the sum of 5%of the total bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Mary Rhodes Pipeline Cathodic Protection Project No. #13068. NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 14th day of November, 2017. Jesse Marion (Principal) BY: TITLE: its t V SureTec Insurance Company BY: kAAAA nne Tiemeyer, Attomey-in-F4bt Bid Bond uncapped—text-no percent Rev 1.1.06 YOA 9: 4221384 SurerTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men 8y These Presents, That SiTRETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing tinder the laws of the State of Texas, and having its principal office in Houston., Harris County, Texas, does by these presents make,constitute and appoint E. Henry Hochman,Anne Tiemeyer its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments•or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Four Million and 001100 Dollars($4,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 1213112019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,reeognizances,-contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be.valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) lit Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 15th day of May ,A.D, 2017 S�RAti�� SURETEC SURAN C a ...........0 ~i n John Knox resid t State of Texas ss. County of Harris ... '' On this ism day of May ,A.D. 2017 before me personally came John Knox Jr„to me known,who,being by me7,swum,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument,that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN GREENLEAF G�i. ' n Notary Public,State of Texas C. �-A( wF Comm.Expires 06-18-2021 fl My Notary ID 126903029 Jacq lyn Greenleaf,Notary Public' My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of A.D. I M.Brent Beaty,Assistant Sec etary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE 11 11/14/2017 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 Linda Fontenot NAME: Insgroup, Inc. A//CNNo Ext: (713)541-7272 p/C No: (713)772-5224 1455 W. Loop South, 9th Floor ADDRIESS:lfontenot@insgroup.net INSURER(S)AFFORDING COVERAGE NAIC# Houston TX 77027 INSURERA:Charter Oak Fire Ins Co (COF) 25615 INSURED INSURERB:Travelers Indemnity Co of Integrated Corrosion Companies, Inc. INSURERC:TeXas Mutual Insurance Co. 601 Century Plaza Dr INSURER D: INSURER E: Houston TX 77073 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1710387491 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 LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE 1X OCCUR PREMISES (E.o.",ence) $ 100,000 6608G682682 10/1/2017 10/1/2018 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: Employee Benefits Liability $ 1,000,000 AUTOMOBILE LIABILITY (CEO OMaccidentBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ p' ALL OWNED SCHEDULED AUTOS AUTOS BABG682682 10/1/2017 10/1/2018 BODILY INJURY(Per accident) $ NON-OWNED Per accident) PROPERTY DAMAGE HIRED AUTOS AUTOS X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ CUP8G682682 10/1/2017 10/1/2018 $ WORKERS COMPENSATION 0001136698 10/1/2017 10/1/2018 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1 N/A E.L.EACH ACCIDENT $ ,000,000 OFFICER/MEMBER EXCLUDED? C (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The general liability policy contains Automatic Additional Insured, forms CGD246 0805 & CGD458 0713, that provide Additional Insured status to the certificate holder when there is a written contract between the First Named Insured and the certificate holder that requires such status. The general liability policy provides an Automatic Waiver of Subrogation and is Primary Non-Contributory, form CGD4580713, when required by written contract. The automobile policy contains an Automatic Additional Insured and Waiver of Subrogation, form CAT353 0215, that provides automatic status to the certificate holder when there is a written contract between CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard St ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi, TX 78401 AUTHORIZED REPRESENTATIVE Henry Hochman/VMA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD IN S025(201401) COMMENTS/REMARKS RE: Mary Rhodes Pipeline Cathodic Protection Project No. E13068 Engineer: Russel Corrosion Consultants 7130 Minstrel Way #230 Columbia, MD 21045 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMENTS/REMARKS the First Named Insured and the certificate holder that requires such status. The workers compensation policy contains an Automatic Waiver of Subrogation, form WC420304B, that provides automatic status to the certificate holder when there is a written contract between the First Named Insured and the certificate holder that requires such status. The Excess Liability policy includes an automatic additional insured status to the certificate holder when such status is provided to the certificate holder on the primary liability policy. The Excess Liability policy provides an Automatic Waiver of Subrogation when such waiver is provided to the certificate holder on the primary liability policy. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Report Created On:11/15/2017 3:01:09 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Nancy Le 11/14/2017 12:19:10 PM Report Created On:11/15/2017 3:01:09 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E13068 Specifications 11/07/2017 6:52:36 AM Plans E13068 Plans 11/14/2017 12:18:06 PM Other E13068 Bidders Worksheet 11/01/2017 10:53:36 AM Bidders Pre-Bid Attendance Roster 11/01/2017 10:53:44 AM Addenda Addendum No. 1 11/14/2017 12:10:18 PM Sylvia Arriaga From: Jerry Shoemaker [Engineering] Sent: Wednesday, January 24, 2018 9:37 AM To: Sylvia Arriaga Subject: FW: Mary Rhodes Corpus Christi E13068 From:Jerry Shoemaker [Engineering] Sent:Wednesday, December 06, 2017 3:59 PM To:Sylvia Arriaga Subject: RE: Mary Rhodes Corpus.Christi E13068 From:Jerry Shoemaker [Engineering] Sent: Wednesday, December 06, 2017 10:23 AM To: 'Nancy Le'; Sylvia Arriaga Cc:Jiangang Deng Subject: RE: Mary Rhodes Corpus Christi E13068 Ms. Le, Thank you for revising the bid for the mathematical error in the mobilization. However, your calculations still do not match the bid requirements. The correct calculation is 5%of the total base bid as required in the bid documents. Your proposed corrections of$30,475 to the mobilization is 5.9%of the total base bid of$529,921. Please see the table below that mathematically meets the proposal (bid) requirements. Al Mobilization 1 LS $ 26,286.63 $ 26,286.63 A2 Bonds and Insurance 1 LS $ 9,500.00 $ 9,500.00 A3 Supply and Install New Anodes at New Test Station 6 EA $ 5,344.01 $ 32,064.06 A4 Supply and Install New Anodes at Existing Test Station 16 EA $ 7,297.87 $116,765.92 A5 Remove and Replace Portion of Test Station Component 126 EA $ 2,707.27 $341,116.02 Sub Total: $525,732.63 Please confirm correction shown in the table above and the City will begin processing for approval by City Mgt and the City Council. Thanks, Jerry Jerr),J. Shoemaker, PE Sr. Progrartt Mgr Capital Progrntnts (Considlant) City of Cot pits Christi 361.826.3516 1 From: Nancy Le [mailto:nancy.le@integratedcorrosion.com] Sent:Thursday, November 30, 2017 3:57 PM To:Jerry Shoemaker [Engineering] Subject: Mary Rhodes Corpus Christi E13068 Good Afternoon Jerry, After discussing the Mary Rhodes Corpus Christi E13068 project with our estimator and supervisor, we have decided that we will accept your first option of adjusting the mobilization number. Mobilization -$30,475 Total Bid -$529,921 Please let me know what the next step is so we can begin planning the project. Best Regards, Nancy Le Proposal Manager Integrated Corrosion Companies, Inc. T: 713-789-9181 M: 228-257-1356 nancy.le@integratedcorrosion.com Global Corrosion Solutions GLOBAL �/0 (ORPOSION SOLUTIONS 2 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 30,2018, is between the City of Corpus Christi (Owner) and Integrated Corrosion Companies (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: Mary Rhodes Pipeline Cathodic Protection Upgrades ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Russell Corrosion Consultants, LLC 7130 Minstrel Way,Suite 230 Columbia, Maryland 21045 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 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 230 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 260 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 005223- 1 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$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. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 525,732.63 Agreement 005223-2 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. Agreement 005223-4 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. Agreement 005223-5 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original 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 ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-6 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally sgnetl by Rebecca Haerta Rebecca H ue rta DN cit=Rebecca�aetla e=Cily"...sCbristi ea=Di" Jeff Edmonds Digitally signed by Jeff Edmonds sec,tan,`mail_rebec1M1@ccte.aa c°m.`=D5 Date.2018.02.22 10.23.53-OG'00' Date:2018.02.22 08:24:41 -06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Ord. 031351 AUTHORIZED APPROVED AS TO LEGAL FORM: 1/30/18 BY COUNCIL L / Digitally signetl by RIIty S 2018.02.21 18:33:00-06'00' °"' IH ML�Ty °`e1a"'°°amity fi°`�ta`y' malC018022208441 eemSDs -- ML Date'.2018.02.22 08.44.1]-Ofi'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Dlgltelly slgnetl by 1e1M1ew L Merl°n Matthew L. Marion DN cit=Ma M1ewL Merl°n.-1-91-d G°rta l°n °maleaolet`Ina°°=Ga,g_ Daters,fioz:;14 D7l,`.ofio`otl OPOe'°�m�Ds Integrated Corrosion nCpompanies, Inc. JesseR. " arson Digitally signed by Jesse R.Marion R (Seal Below) By; Date:2018.02.1310:50:19-06'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 601 Century Plaza Drive Financial Officer Address Houston, Texas 77073 City State Zip 713/789-9181 Phone Fax jesse.marion@integratedcorrosion.com EMail END OF SECTION Agreement 005223-7 Mary Rhodes Pipeline Cathodic Protection Upgrades Project E13068 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. 4413664 Contractor as Principal Surety Name: Inteerated Corrosion Companies,Inc. Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 601 Century Plaza Drive 1330 Post Oak Boulevard,Suite 1100 Houston,TX 77073 Houston,TX 77056 Physical address(principal place of business): Owner 1330 Post Oak Boulevard,Suite 1100 Name: City of Corpus Christi,Texas Houston,TX 77056 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas 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): E13068 Mary Rhodes Pipeline Cathodic Protection 713-812-0800 Upgrades Telephone(for notice of claim): 713-812-0800 Local Agent for Surety Name: Insgroup Inc./E. Henry Hochman Award Date of the Contract: January 30,2018 Address: 5151 San Felipe 17th Floor Contract Price: $5x5.732.63 Houston,TX 77056 Bond Telephone: 713-541-7272 Email Address: hhochman@insgroup.net Date of Bond: February 15th,2018 The address of the surety company to which any notice of claim should be sent may be obtained ofthe Contract)(Date Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of tfollowing toll-free number.1-800-252-3439 Performance Bond 00 6113-1 E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades 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 actio . Contractor asi pal Surety 6 Signature: , W Signature: / Y4 Name: WQwMwrOr Name: Anne Tiemeyer Title: '�0' Vk Title: Attorney-in-Fact Email Address: M�Nw•(W NQfIwf OW Email Address: atiemeyer@insgroup.net (Attach Power of Attorney and place surety sea!below) END OF SECTION Performance Bond 006113-2 E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades 7-8-2014 F r 1 POA#: 4221384 SureTec Insurance Company MUTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint E.Henry Hochman,Anne Tiemeyer its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Four Million and 001100 Dollars($4,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 1=1=19 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved; that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Wildness Whereof,SURETEC INSURANCE COMPANY has caused these presents to besigned by its President, is corporate seal to be hereto affixed this 15th day of may ,A.D. 2017 . RAM SURETEC SURAN C � m� 9 0 By: W W John Kno ., resi State of Texas ss: 7s 1 YIt County of Harris On this 15th day of May ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC kNSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. .``"r:%, JACQUELYN GREENLEAF �� Notary Public,State of Texas N Comm.Expires 05-18-2021 , ,i�` Notary ID 126303029 Jacq lyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this /5717- day of &� 'Gtr4 2619 A.D. 111 M.Brent BeatyY Assistant Sec etary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 006116 PAYMENT BOND BOND NO. 4413664 Contractor as Principal Surety Name: Integrated Corrosion Companies,Inc. Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 601 Century Plaza Drive 1330 Post Oak Boulevard,Suite 1100 Houston,TX 77073 Houston,TX 77056 Physical address(principal place of business): Owner 1330 Post Oak Boulevard,Suite 1100 Name: City of Corpus Christi,Texas Houston,TX 77056 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas 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): E13068 Mary Rhodes Pipeline Cathodic Protection 713-812-0800 Upgrades Telephone(for notice of claim): 713-812-0800 Local Agent for Surety Name: Insgroup,Inc./E.Henry Hochman Award Date of the Contract: January 30,2018 Address: 5151 San Felipe 17th Floor Contract Price: 5525.732.63 Houston,TX 77056 Bond Telephone: 713-541-7272 Email Address: hhochman@insgroup.net Date of Bond: February 15th,2018 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00 6116-1 E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades 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 rclusively in Nueces County, Texas for any legal action. Contractor askt/ Surety Signature: �to Signature: Name: 1Aa4WW lYMA Name: Anne Tiemeyer Title: r Title: Attorney-in-Fact Email Address: t'iw. 1 Email Address: atiemeyer@insgroup.net YYgtSItt (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades 7-8-2014 ibJ',., _._ - .. i •� �{'� {tip �Is - I 1 t r' , POA it. 4221384 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint E.Henry Hochman,Anne Tiemeyer its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments ,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Four Million and 001100 Dollars($4,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/3112019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 15th day of May ,A.D. 2017 . SPAN SURETEC SURAN C Y 1 ,�5 - By. w(w 1 0 1 John Knox ., restd t State of Texas ss: �� 4 County of Harris On this 1suh day of May ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. `. 'pY Pf ., JACQUELYN GREENLEAF Notary Public,State of Taxes V r- Comm.Expires 05-18-2021 Notary 1D 126903029Jacy lyn Greenleaf,Notary Public My commission expires May 18,2021 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. ' 71- Given under my hand and the seal of said Company at Houston, Texas this f day of F?'hYG k-.4 1 ,A.D. _r M.Brent Beaty,Assistant Sec etary Any instrument issued in excess of the penalty stated above is totally void and without any valicilty. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. i I ((k i ® DATE(MMIDD/YYYY)CERTIFICA�E OF LIABILITY INSURANCE 2/12/2018 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 Linda Fontenot NAME: HFAX Insgroup, Inc. A/CM Ext: (713)541-7272 A/C No: (713)772-5224 1455 W. Loop South, 9th Floor ADDRESS;lfontenot@insgroup.net INSURER(S)AFFORDING COVERAGE NAIC# Houston TX 77027 INSURERA:Charter Oak Fire Ins Co (COF) 25615 INSURED INSURERB:Travelers Indemnity Co of Integrated Corrosion Companies, Inc. INSURERC:Texas Mutual Insurance Co. 601 Century Plaza Drive INSURERD:Nautilus Ins CO INSURER E: Houston TX 77073 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1710387491 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 I TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDtYYYY MM DDLICY EFF Y EXP LTR IYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE A CLAIMS-MADE 1XI OCCUR PREMISES(Ea occu ence) $ 100,000 66086682682 10/1/2017 10/1/2018 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY 1 PE� � LOC PRODUCTS-COMP/OP AGG 5 2,000,000 OTHER: Employee Benefits Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OSCHEDULED AUUTOSS AUTOS RA8G682682 10/1/2017 10/1/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS Ix AUTOS Per accident 5 S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTIONS CUP8G682682 10/1/2017 10/1/2018 $ WORKERS COMPENSATION 0001136698 10/1/2017 10/1/2018 X PER - AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? LIU C (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 D Professional CCP2017839-11 10/01/2017 10/01/2018 Aggregate/Each Claim $5,000,000 D Pollution Liability CCP2017839-11 10/01/2017 10/01/2018 Aggregate/Each Claim $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Name: Mary Rhodes Pipeline Cathodic Protection Upgrades Project Number: E13068 The general liability policy contains Automatic Additional Insured, forms CGD246 0805 & CGD458 0713, that provide Additional Insured status to the certificate holder when there is a written contract between the First Named Insured and the certificate holder that requires such status. The general llability Eolicyrovides an Automatic Waiver of Subro ation and is Prima Non-Contributory, form CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Hall Building 1st Floor ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard St. Corpus Christi, TX 78401 AUTHORIZED REPRESENTATIVE Henry Hochman/VMA } is ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ndSn9S ronienrn CGD4580713, when -required by written contract. A 30 day notice of cancellation applies. The automobile policy contains an Automatic Additional Insured and Waiver of Subrogation, form CAT353 0215, that provides automatic status to the certificate holder when there is a written contract between the First Named Insured and the certificate holder that requires such status. A 30 day notice of cancellation endorsement applies. The workers compensation policy contains an Automatic Waiver of Subrogation, form WC420304B, that provides automatic status to the certificate holder when there is a written contract between the First Named Insured and the certificate holder that requires such status. A 30 day notice of cancellation endorsement applies. The Excess Liability policy includes an automatic additional insured status to the certificate holder when such status is provided to the certificate holder on the primary liability policy. The Excess Liability policy provides an Automatic Waiver of Subrogation when such waiver is provided to the certificate holder on the primary liability policy. A 30 day notice of cancellation endorsement applies, i i i OFREMARK COPYRIGHT 2000, AMS SERVICES INC. r I, I COMMTS/ 4 Additional Named Insureds Integrated Corrosion Companies DBA Brance-Krachy Co Inc. DBA Integratged Cathodic Companies j BK Power Systems LLC DBA BK Power BK Corrosion LLC BK/JA Holdings, Inc. j DBA JA Electronics Manufacturing, Inc. Integrated Corrosion Engineering, Inc. i i s 4 I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. i i Additional Named Insureds I Other Named Insureds Integrated Corrosion Companies i DBA Brance-Krachy Co Inc. I DBA Integratged Cathodic Companies BE Power Systems LLC DSA BE Power BK Corrosion LLC BK/JA Holdings, Inc. DBA JA Electronics Manufacturing, Inc. Integrated Corrosion Engineering, Inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC f t i I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARET=UtLY, XT N® ENDORSEMENT FOR COMMERCIAL INDU T l This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE–This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and.is not covered. A. Broadened Named Insured J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured–Broad Form Vendors Workers C. Damage To Premises Rented To You K. Aircraft Chartered With Crew Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft–Increased From 25 Feet water To 50 Feet Limit increased to$300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation • Cost of bail bonds increased to$2,500 E. Blanket Additional Insured – Owners,- Managers • Loss of earnings increased to$500 per day Or Lessors Of Premises F. Blanket Additional Insured – Lessors Of Leased N. Medical Payments-Increased Limit Equipment 0. Knowledge And Notice Of Occurrence Or Offense G. Incidental Medical Malpractice P. Unintentional Omission "® H. Personal Injury–Assumed By Contract q. Reasonable Force – Bodily Injury Or Property I. Amended Bodily Injury Definition Damage PROVISIONS B. BLANKET ADDITIONAL INSURED – BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION II–WHO The following is added to SECTION II–WHO IS IS AN INSURED: AN INSURED: Any organization, other than a partnership or Any person or organization that is a vendor and d� joint venture, over which you maintain owner- that you have agreed in a written contract or ship or majority interest on the effective date agreement to include as an additional insured on of the policy qualifies as a Named Insured. this Coverage Part Is an insured, but only with re- However, coverage for any such organization spect to liability for "bodily injury" or "property ® will cease as of the date during the policy pe- damage"that: riod that you no longer maintain ownership of, or majority interest in,such organization. a. Is caused by an"occurrence"that takes place after you have signed and executed that con- 2. The following replaces Paragraph 4.a. of SECTION ll–WHO IS AN INSURED: tract or agreement;and a. Coverage under this provision is afforded b. Arises out of "your products" which are dis- ¢- only until the 180th day after you acquire tributed or sold in the regular course of such — or form the organization or the end of the vendor's business, policy period, whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days. to the following provisions: CG D4 58 07 13 ©2013 The Travelers Indemnity company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.vAth its permission. =05 fi f i } i COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- JURY AND PROPERTY DAMAGE LIABIL- j dor will be the limits which you agreed to pro- ITY: vide In the written contract or agreement, or Exclusions c.through n.do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part,whichever are less, porarily occupied by you with permission of b. The insurance provided to such vendor does the owner,caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay c, Lightning; damages by reason of the assumption of liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. the absence of the contract or agreement; A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you; graph 6.of Section 111—Limits Of Insurance. (3) Any physical or chemical change in "your This insurance does not apply to damage to products" made intentionally by such premises while rented to you, or temporarily vendor; occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner,caused by: the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices; instructions from the manufacturer, and then repackaged in the original container; b. Rupture or bursting due to expansion or swelling of the contents of any building or (5) Any failure to make such inspections, ad- structure,caused by or resulting from wa- justments, tests or servicing as vendors ter; agree to perform or normally undertake to c, Explosion of steam boilers, steam pipes, perform in the regular course of business, p p p in connection with the distribution or sale steam engines,or steam turbines. of'your products"; 2. The following replaces Paragraph 6, of SEC- (6) Demonstration, installation, servicing or TION III--LIMITS OF INSURANCE: repair operations, except such operations Subject to 5, above, the Damage To Prem- performed at such vendor's premises in ises Rented To You Limit is the most we will connection with the sale of "your prod- pay under Coverage A for damages because ucts";or of "property damage' to any one premises (7) "Your products"which,after distribution or while rented to you, or temporarily occupied sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, pari or in- by fire; explosion; lightning smoke resulting gredient of any other thing or substance from such fire, explosion, or lightning; or wa- by or for such vendor. ter. The Damage To Premises Rented To Coverage under this provision does not apply to: You Limit will apply to all damage proximately a, Any person or organization from whom you caused by the same "occurrence", whether have acquired "your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- panying or containing such products;or plosion, or lightning; water; or any combina- b. Any vendor for which coverage as an addi- tion of any of these. tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000;or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2„ Exclusions, of SECTION I — this Coverage Pail for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services office,Inc.with its permission. i i i i COMMERCIAL GENERAL LIABILITY i 3. The following replaces Paragraph a. of the a. Is"bodily injury"or"property damage"caused definition of"insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or"advertising injury"caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract fora signed and executed that contract or agree- lease of premises that indemnifies any men(; and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; a. The limits of insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning;or written contract or agreement, or the limits (5) Water. shown on the Declarations of this Coverage Part,whichever are less. is not an"insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV—COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes (b) That is insurance for premises rented to place, or "personal injury' or"advertising you, or temporarily occupied by you with injury" caused by an offense that is com- the permission of the owner; mitted, after you cease to be a tenant in D. BLANKET WAIVER OF SUBROGATION that premises;or (2) Structural alterations,new construction or The following is added to Paragraph 8.,Transfer demolition operations performed by or on Of Rights Of Recovery Against Others To Us, behalf of such premises owner, manager �= of SECTION IV-- COMMERCIAL GENERAL LI- or lessor. ABILITY CONDITIONS; c. The insurance provided to such premises ® We waive any right of recovery we may have owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this Insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED —LESSORS v� Your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following Is added to SECTION II—WHO IS executed by you prior to loss. AN INSURED; E. BLANKET ADDITIONAL INSURED—OWNERS, Any person or organization that is an equipment _ MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con- The following is added to SECTION It—WHO IS tract or agreement to include as an additional In- AN INSURED: sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury",owner, manager or lessor and that you have °property damage", "personal injury" or"advertis- Q= ing injury"that: agreed in a written contract or agreement to name as an additional insured on this Coverage a. Is"bodily injury"or"property damage"caused Part is an insured, but only with respect to liability by an "occurrence" that takes place, or"per- for "bodily injury", "property damage", "personal sonal injury"or"advertising injury"caused by injury"or"advertising injury"that: an offense that is committed, after you have CG D4 58 0713 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.vrith its permission. 012930 i I 1 }I f i I I IiI i 1 I COMMERCIAL GENERAL LIABILITY I signed and executed that contract or agree- 3, The following is added to Paragraph 2.a.(1)of ment;and SECTION 11—WHO IS AN INSURED: b. Is caused, in whole or in part, by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any "bodily injury" arising out of The insurance provided to such equipment lessor any providing or failing to provide "Incidental is The to the following provisions: medical services"by any of your"employees", other than an employed doctor. Any such a. The limits of insurance provided to such "employees" providing or failing to provide equipment lessor will be the limits which you "incidental medical services"during their work agreed to provide in the written contract or hours for you will be deemed to be acting agreement, or the limits shown on the Decla- within the scope of their employment by you rations of this Coverage Part, whichever are or performing duties related to the conduct of less. your business. b. The insurance provided to such equipment 4. The following exclusion is added to Para- lessor does not apply to any"bodily injury"or graph 2., Exclusions, of SECTION I—COV- "property damage"caused by an"occurrence" ERAGES—COVERAGE A BODILY INJURY that takes place, or "personal injury" or "ad- AND PROPERTY DAMAGE LIABILITY: vertising injury" caused by an offense that is Sale Of Pharmaceuticals committed, after the equipment lease expires. "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- other insurance available to such equipment cals committed by, or with the knowledge or lessor, unless you have agreed in a written consent of,the insured, contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of mary or contributory basis, SECTION III—LIMITS OF INSURANCE: G. INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applica- 1. The following is added to the definition of"oc- bte Each Occurrence Limit, all related acts or currence"in the DEFINITIONS Section: omissions committed in the providing or fail- ing to provide"incidental medical services"to Unless you are in the business or occupation any one person will be considered one "oc- of providing professional health care services, currence". "occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COM- "incidental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- 2. The following is added to the DEFINITIONS TIONS: Section: This insurance is excess over any valid and "Incidental medical services"means: collectible other insurance, whether primary, excess, contingent or on any other basis,that a. Medical,surgical,dental,laboratory,x-ray is available to any of your "employees" for or nursing service or treatment, advice or "bodily injury" that arises out of providing or instruction, or the related furnishing of failing to provide "incidental medical services" food or beverages; to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED. appliances; H. PERSONAL INJURY — ASSUMED BY CON- I. First aid;or TRACT d. "Good Samaritan services". 1, The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I "Good Samaritan services' means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received, ABILITY: Page 4 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. I i COMMERCIAL GENERAL LIABILITY e. Contractual Liability the insured and the interests of the in- "Personal injury"or"advertising injury"for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of 'insured liability in a contract or agreement. This contract"in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a (2) Liability for damages because of municipality)under which you assume the injury" assumed in a con- tort liability of another party to pay for "personal tract or agreement that "insured "bodily injury,""property damage"or"per- tractsonal injury"to a third person or organiza- contract", provided that the "personal tion. Tort liability means a liability that injury" is caused by an offense com- would be imposed by law in the absence j mitted subsequent to the execution of of any contract or agreement, the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in an "insured contract", reasonable at- The following replaces the definition of"bodily in- torneys fees and necessary litigation jury"in the DEFINITIONS Section: expenses incurred by or for a party "Bodily injury" means bodily injury, mental an- other than an insured will be deemed guish, mental injury, shock, fright, disability, hu- to be damages because of"personal miliation,sickness or disease sustained by a per- injury", provided that: son,Including death resulting from any of these at (a) Liability to such party for, or for any time. the cost of, that party's defense J, BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same"insured contract";and The following is added to Paragraph 2.a.(1) of (b) Such attorney fees and litigation SECTION II–WHO IS AN INSURED: expenses are for defense of that Paragraph (1)(a) above does not apply to "bodily party against a civil or alternative injury"to a co-"employee"in the course of the co- dispute resolution proceeding in "employee's" employment by you or performing ® which damages to which this in- duties related to the conduct of your business, or surance applies are alleged, to"bodily injury"to your other"volunteer workers" 2. The following replaces the third sentence of while performing duties related to the conduct of Paragraph 2. of SUPPLEMENTARY PAY- MENTS–COVERAGES A AND B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft, 2.b.(2)of Section I–Coverage A–Bodily In- Auto Or Watercraft,in Paragraph 2.of SECTION I – COVERAGES – COVERAGE A BODILY IN- jury And Property Damage Liability or Para- JURY AND PROPERTY DAMAGE LIABILITY: graph 2.e, of Section I – Coverage B – Per This exclusion does not apply to an aircraft that conal and Advertising Injury Liability, such payments will not be deemed to be damages is: because of'bodily injury", "property damage" (a) Chartered with crew to any insured; or "personal injury", and will not reduce the (b) Not owned by any insured;and limits of insurance. (c) Not being used to carry any person or prop- 3. The following replaces Paragraph 2.d. of erty for a charge. SUPPLEMENTARY PAYMENTS – COVER- L. NON-OWNED WATERCRAFT Q— AGES A AND B: 1. The following replaces Paragraph (2) of Ex- d. The allegations in the "suit" and the in- clusion g., Aircraft, Auto Or.Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I–COVERAGES rence"or offense are such that no conflict – COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: CG D4 58 07 13 ©2013 The Travelers Indemnity company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.v4th Its permission. 012937 COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: e. The following provisions apply to Paragraph (a) Fifty feet long or less;and a. above, but only for the purposes of the in- surance provided under this Coverage Part to property fora charge. you or any insured listed in Paragraph 1.or 2. of Section II—Who Is An Insured: 2. The following is added to Paragraph 2. of (1) Notice to us of Such 'Occurrence° or of- SECTION II—WHO IS AN INSURED: fertse must be given as soon as practica- Any person or organization that,with your ex- ble only after the 'Occurrence" or offense press or implied consent, either uses or is re- is known to you (if you are an individual), sponsible for the use of a watercraft that you any of your partners or members who is do not own that is: an individual (if you are a partnership or (1) Fifty feel long or less; and joint venture), any of your managers who (2) Not being used to carry any person or is an individual(if you are a limited liability property for a charge. company), any of your trustees who is an M. INCREASED SUPPLEMENTARY PAYMENTS individual (if you are a trust), any of your "executive officers"or directors(if you are 1. The following replaces Paragraph 1.b, of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I — COVER- trust) or any "employee" authorized by AGES: you to give notice of an 'Occurrence" or b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law 2 If you area partnership, violations arising out of the use of any ( ) y c p,joint venture, of vehicle to which the Bodily Injury Liability you liability company or trust,and none of Coverage applies.We do not have to fur- your partners, joint venture members, nish these bonds, managers or trustees are individuals, no- tice to us of such"occurrence" or offense 2. The following replaces Paragraph 1.d. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the"occurrence"or offense is known AGES A AND B of SECTION I — COVER- by; AGES: (a) Any individual who is: d. All reasonable expenses incurred by the insured at our request to assist us in the (i) A partner or member of any part- investigation or defense of the claim or nership or joint venture; "suit", including actual loss of earnings up (ii) A manager of any limited liability to $500 a day because of time off from company; work. (iii)A trustee of any trust;or N. MEDICAL PAYMENTS—INCREASED LIMIT (iv)An executive officer or director of The following replaces Paragraph 7. of SECTION any other organization; III—LIMITS OF INSURANCE: 7, Subject to S. above, the Medical Expense that is your partner, joint venture 1 - p member,manager or trustee;or Limit is the most we will pay under Coverage C. for all medical expenses because of"bod- (b) Any "employee" authorized by such ily injury" sustained by any one person, and partnership, joint venture, limited li- will be the higher of: ability company,trust or other organi- (a) $10,000;or zation to give notice of an "occur- rence"or offense. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense (3) Notice to us of such "occurrence" or of- Limit. fertse will be deemed to be given as soon O, KNOWLEDGE AND NOTICE OF OCCUR- as practicable if It is given in good faith soon as practicable to your workers' RENCE OR OFFENSE compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or 'occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above discov- Page 6 of 7 ©2013 The Travelers Indemnity company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc,wilh its permission. i COMMERCIAL GENERAL LIABILITY . I I ers that the "occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble insurance laws or regulations, ment that provides limited coverage for"bod- ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or escape of "pollutants" which contains a re- The following replaces Exclusion a., Expected Or quirement that the discharge, release or es- Intended Injury, in Paragraph 2, of SECTION I— cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN- within a specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph e. does not affect that requirement. a. Expected or Intended Injury or Damage P. UNINTENTIONAL OMISSION "Bodily injury"or"property damage" expected The following is added to Paragraph 6., Repre- or intended from the standpoint of the in- sentations, of SECTION IV — COMMERCIAL sured. This exclusion does not apply to"bod- GENERAL LIABILITY CONDITIONS: ily injury" or"property damage"resulting from The unintentional omission of,or unintentional er- the use of reasonable force to protect any ror in, any information provided by you which we person or property, relied upon in issuing this policy will not prejudice o o� a� n� o� a� CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc,vrilh its permission. 012838 f I I I� i i i COMMERCIAL GENERAL LIABILITY V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL IN U T I i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- { dorsement and the rest of your policy carefully to determine rights,duties, and what is and.is not covered. (� A. Broadened Named Insured J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured—Broad Form Vendors Workers C. Damage To Promises Rented To You K. Aircraft Chartered With Crew Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft—Increased From 25 Feet water To 50 Feet Limit increased to$300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation ° Cost of bail bonds increased to$2,500 E. Blanket Additional Insured — Owners, Managers Loss of earnings increased to$500 per day Or Lessors Of Premises F. Blanket Additional Insured — Lessors Of Leased N. Medical Payments-Increased Limit Equipment O. Knowledge And Notice Of Occurrence Or Offense G. Incidental Medical Malpractice P. Unintentional Omission "® H. Personal Injury—Assumed By Contract Q. Reasonable Force — Bodily Injury Or Property I. Amended Bodily Injury Definition Damage PROVISIONS B, BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION II—WHO The following is added to SECTION 11—WHO IS a® IS AN INSURED: AN INSURED: Any organization, other than a partnership or Any person or organization that is a vendor and a= joint venture, over which you maintain owner that you have agreed in a written contract or ship or majority interest on the effective date agreement to include as an additional insured on of the policy qualifies as a Named Insured. this Coverage Part is an insured,but only with re- However, coverage for any such organization spect to liability for "bodily injury" or "property ® will cease as of the date during the policy pe- damage"that: rind that you no longer maintain ownership of, or majority interest in,such organization. a. Is caused by an"occurrence'that takes place after you have signed and executed that con- 2. The following replaces Paragraph 4.a. of tract or agreement;and SECTION 11—WHO IS AN INSURED: b. Arises out of "your products" which are dis- a. Coverage under this provision is afforded tributed or sold in the regular course of such only until the 180th day after you acquire vendor's business. --- or form the organization or the end of the policy period,whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days. to the following provisions: CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.vAh its permission. 012935 i f I 4 i S � I COMMERCIAL GENERAL LIABILITY i a. The limits of insurance provided to such ven- JURY AND PROPERTY DAMAGE LIABIL- dor will be the limits which you agreed to pro- ITY: vide in the written contract or agreement, or Exclusions c. through n.do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part,whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner,caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay damages by reason of the assumption of c• Lightning; liability in a contract or agreement. This. d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Wafer. the absence of the contract or agreement; A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you; graph 6,of Section III—Limits Of Insurance. (3) Any physical or chemical change in"your This insurance does not apply to damage to products" made intentionally by such premises while rented to you, or temporarily vendor; occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner,caused by: the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices; instructions from the manufacturer, and then repackaged in the original container; b. Rupture or bursting due to expansion or swelling of the contents of any building or (5) Any failure to make such inspections, ad- structure, caused by or resulting from wa- justments, tests or servicing as vendors ter; agree to perform or normally undertake to perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines,or steam turbines. of'your products"; 2. The following replaces Paragraph 6. of SEC- (6) Demonstration, installation, servicing or TION Ili--LIMITS OF INSURANCE: repair operations, except such operations Subject to 6. above, the Damage To Prem- performed at such vendor's premises in ises Rented To You Limit is the most we will connection with the sale of "your prod- pay under Coverage A for damages because i ucts";or of "property damage' to any one premises (7) 'Your products"which,after distribution or while rented to you, or temporarily occupied sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, part or in- by fire; explosion; lightning smoke resulting gredient of any other thing or substance from such fire, explosion, or lightning; or wa- by or for such vendor. ter. The Damage To Premises Rented To Coverage under this provision does not apply to: You Limit will apply to all damage proximately a, Any person or organization from whom you caused by the same "occurrence", whether have acquired 'your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- panying or containing such products;or plosion, or lightning; water; or any combina- tion of any of these. b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000;or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2„ Exclusions, of SECTION I — this Coverage Part for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. r i i s i i i i COMMERCIAL GENERAL LIABILITY 3, The following replaces Paragraph a. of the a. Is"bodily injury"or"property damage"caused definition of"insured contract' in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or"advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any ment; and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; a, The (imus of insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion,or lightning;or written contract or agreement, or the limits (5) Water. shown on the Declarations of this Coverage Part,whichever are less. is not an"insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV—COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS; caused by an "occurrence" that takes (b) That is insurance for premises rented to place, or "personal injury" or"advertising you, or temporarily occupied by you with injury"caused by an offense that is com- the permission of the owner; mitted, after you cease to be a tenant in D. BLANKET WAIVER OF SUBROGATION that premises;or (2) Structural alterations,new construction or The following is added to Paragraph 8.,Transfer demolition operations performed by or on Of Rights Of Recovery Against Others To Us, behalf of such premises owner, manager Ll- of SECTION IV COMMERCIAL GENERAL LI- or lessor. ABILITY CONDITIONS: c. The insurance provided to such premises We waive any right of recovery we may have owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED —LESSORS your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following is added to SECTION 11 —WHO IS executed by you prior to loss. AN INSURED; E. BLANKET ADDITIONAL INSURED—OWNERS, Any person or organization that is an equipment MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con- The following is added to SECTION it—WHO IS tract or agreement to include as an additional In- AN INSURED; sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury", Q owner, manager or lessor and that you have "property damage", "personal injury" or"advertis- agreed in a written contract or agreement to Ing injury"that: name as an additional insured on this Coverage a. Is"bodily injury"or"property damage"caused Part is an insured, but only with respect to liability by an 'occurrence' that takes place, or"per- for "bodily injury", "property damage "personal sonal injury"or"advertising injury"caused by injury"or"advertising injury"that: an offense that is committed, after you have CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.vrith its permission. 012939 i I Eg i I I i COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1)of ment; and SECTION II—WHO IS AN INSURED: b. Is caused, in whole or in part, by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any"bodily injury" arising out of The insurance provided to such equipment lessor any providing or failing to provide "Incidental medical is subject to the following provisions: other thanan Of o "employees", employed doctor. Any such a. The limits of insurance provided to such "employees" providing or failing to provide equipment lessor will be the limits which you "incidental medical services"during their work agreed to provide in the written contract or hours for you will be deemed to be acting agreement, or the limits shown on the Decla- within the scope of their employment by you rations of this Coverage Part, whichever are or performing duties related to the conduct of less, your business. b. The insurance provided to such equipment 4. The following exclusion is added to Para- lessor does not apply to any"bodily injury"or graph 2., Exclusions, of SECTION I—COV- "property damage"caused by an"occurrence" ERAGES—COVERAGE A BODILY INJURY that takes place, or "personal injury" or "ad AND PROPERTY DAMAGE LIABILITY: vertising injury" caused by an offense that is Sale Of Pharmaceuticals committed,after the equipment lease expires. "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- other insurance available to such equipment cats committed by, or with the knowledge or lessor, unless you have agreed in a written consent of,the insured. contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of mary or contributory basis. SECTION III—LIMITS OF INSURANCE: G. INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applica- 1, The following is added to the definition of"oc- Ne Each Occurrence Limit, all related acts or currence"in the DEFINITIONS Section: omissions committed in the providing or fail- ing to provide"incidental medical services"to Unless you are in the business or occupation any one person will be considered one "oc- of providing professional health care services, currence". "occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COM- "incidental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- 2. The following is added to the DEFINITIONS TIONS: Section: This insurance is excess over any valid and "Incidental medical services"means: collectible other insurance, whether primary, excess, contingent or on any other basis, that a. Medical,surgical,dental, laboratory,x-ray is available to any of your "employees" for or nursing service or treatment, advice or "bodily injury" that arises out of providing or instruction, or the related furnishing of failing to provide"incidental medical services" food or beverages; to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED. appliances; H. PERSONAL INJURY — ASSUMED BY CON- I. First aid;or TRACT d. "Good Samaritan services", 1, The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I Y emer — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 ©2013 The Travelers indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc,vdth its permission. I j I f I i I f COMMERCIAL GENERAL LIABILITY e. Contractual Liability the insured and the Interests of the in- "Personal injury" or"advertising injury"for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured j liability in a contract or agreement. This contract"in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a (2} Liability for damages because of municipality)under which you assume the "personal injury" assumed in a con- tort liability another party to pay for tract ora agreement that is an 'insured "bodily injury,,"" "property damage"or"per- tract sonai injury"to a third person or organiza- contract", provided that the "personal tion. Tort liability means a liability that injury" is caused by an offense com- would be imposed by law in the absence mitted subsequent to the execution of of any contract or agreement. the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in an "insured contract", reasonable at- The following replaces the definition of"bodily in- torneys fees and necessary litigation jury"in the DEFINITIONS Section: .expenses incurred by or for a party "Bodily injury" means bodily injury, menial an- other than an insured will be deemed guish, mental injury, shock, fright, disability, hu- to be damages because of"personal miliation, sickness or disease sustained by a per- injury", provided that: son, including death resulting from any of these at (a) Liability to such party for, or for any time. the cost of, that party's defense J, BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same"insured contract"; and The following is added to Paragraph 2.a.(1) of (b) Such attorney fees and litigation SECTION II—WHO IS AN INSURED: ® expenses are for defense of that Paragraph (1)(a) above does not apply to "bodily party against a civil of alternative injury"to a co-"employee"in the course of the co- dispute resolution proceeding in "employee's" employment by you or performing ® which damages to which this in- duties related to the conduct of your business, or surance applies are alleged. to"bodily injury"to your other"volunteer workers" 2. The following replaces the third sentence of while performing duties related to the conduct of Paragraph 2. of SUPPLEMENTARY PAY- your business. ®_ MENTS—COVERAGES A AND B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft, o�_ 2,b,(2)of Section I—Coverage A—Bodily In- Auto Or Watercraft, Paragraph A2.of SECTION IN- jury And Property Damage Liability or Para- I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: graph 2.e, of Section I — Coverage B — Per- = sonai and Advertising Injury Liability, such This exclusion does not apply to an aircraft that payments will not be deemed to be damages is' because of"bodily injury", "property damage" (a) Chartered with crewto any insured; or "personal injury", and will not reduce the (b) Not owned by any insured; and limits of insurance, (c) Not being used to carry any person or prop- 3. The following replaces Paragraph 2.d. of erty for a charge. SUPPLEMENTARY PAYMENTS — COVER- L. NON-OWNED WATERCRAFT Q AGES A AND B: 1. The following replaces Paragraph (2) of Ex- d. The allegations in the "suit" and the in- clusion g., Aircraft, Auto Or Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I—COVERAGES rence"or offense are such that no conflict — COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: CG D4 58 07 13 02013 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.vrilh Its permission. 012937 } I COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: e. The following provisions apply to Paragraph (a) Fifty feet long or less;and a. above, but only for the purposes of the in- surance provided under this Coverage Part to property fora charge. you or any insured listed in Paragraph 1,or 2. of Section II—Who Is An Insured; 2. The following is added to Paragraph 2, of (1) Notice to us of such "occurrence" or of- SECTION 11—WHO IS AN INSURED: fense must be given as soon as practica- Any person or organization that,with your ex- ble only after the "occurrence" or offense press or implied consent, either uses or is re- is known to you (if you are an individual), sponsible for the use of a watercraft that you any of your partners or members who is do not own that is: an individual (if you are a partnership or (1) Fifty feet long or less;and joint venture), any of your managers who (2) Not being used to carry any person or is an individual(if you are a limited liability property for a charge, company), any of your trustees who is an M. INCREASED SUPPLEMENTARY PAYMENTS individual (if you are a trust), any of your "executive officers"or directors(if you are 1. The following replaces Paragraph 1.b. of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I -- COVER- trust) or any "employee" authorized by AGES: you to give notice of an "occurrence" or j b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law (2) If you are a partnership,joint venture, lim- violations arising out of the use of any ited liability company or trust,and none of vehicle to which the Bodily Injury Liability your partners, joint venture members, Coverage applies.We do not have to fur- nish these bonds, managers or trustees are individuals, no- tice to us of such"occurrence" or offense 2. The following replaces Paragraph 1.d. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the"occurrence"or offense is known AGES A AND B of SECTION I — COVER- by; AGES: (a) Any individual who is: d. All reasonable expenses incurred by the insured at our request to assist us in the (i) A partner or member of any part- investigation or defense of the claim or nership or joint venture; "suit", including actual loss of earnings up (ii) A manager of any limited liability to $500 a day because of time off from company; work. (iii)A trustee of any trust;or N. MEDICAL PAYMENTS—INCREASED LIMIT (Iv)An executive officer or director of The following replaces Paragraph 7. of SECTION any other organization; III--LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense that is your partner, joint venture 7. Sub 1 p member,manager or trustee;or Limit is the most we will pay under Coverage C. for all medical expenses because of"bod- (b) Any "employee" authorized by such ily injury" sustained by any one person, and partnership, joint venture, limited li- will be the higher of: ability company, trust or other organi- (a) $10,000;or zation to give notice of an "occur- rence"or offense. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense (3) Notice to us of such "occurrence" so Limit. fense will be deemed to be given as soon as 0, KNOWLEDGE AND NOTICE OF OCCUR- as practicable if is given In good faith soon as practicable to your workers' RENCE OR OFFENSE compensation insurer. This applies only if The following is added to Paragraph 2„ Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prat- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above discov- Page 6 of 7 92013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material or Insurance Services Office,Inc.With Its permission. I Ir 0 f t I I i i i Ii I COMMERCIAL GENERAL LIABILITY i ers that the "occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble insurance laws or regulations. ment that provides limited coverage for"bod- Q, REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage' or pollution costs arising out of a discharge, release or PROPERTY DAMAGE escape of "pollutants" which contains a re- The following replaces Exclusion a., Expected Or quirement that the discharge, release or es- Intended Injury, in Paragraph 2. of SECTION I— cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN- within a specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph e. does not affect that requirement. a. Expected or Intended Injury or Damage P. UNINTENTIONAL OMISSION "Bodily injury" or"property damage"expected The following is added to Paragraph 6., Repre- or intended from the standpoint of the in- sentations, of SECTION IV — COMMERCIAL sured. This exclusion does not apply to"bod- GENERAL LIABILITY CONDITIONS: ily injury" or"property damage"resulting from The unintentional omission of, or unintentional er- the use of reasonable force to protect any ror in, any information provided by you which we person or property. relied upon in issuing this policy will not prejudice m= a® n- n= o� a® CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc.vrilh Its permission. 012836 I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Urnits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if (fie "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does nota I to"bodii in u 11the additional insured by this endorsement still is apply y ry prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services,including: an additional insured under such "other insur- L The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage ings, opinions, reports, surveys, field or g provided to the additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications;and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 i I I COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we cover under this endorsement. However, this ii. The names and addresses of any injured condition does not affect whether the insur- persons and witnesses; and ante provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ante" available to the additional insured offense, which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage' oc- c) The additional insured must immediately curs and the"personal injury"is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. a a� n; o® Page 2 of 2 ©2005 The St.Paul Travelers Companies, Inc. CG D2 46 08 05 012834 4 i i e COMMERCIAL AUTO j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSUT EXTENSION it This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS —INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured,of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section 11. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION 11 —COV- separately insured for Business Auto Coverage.. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION 11—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age,the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: - executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and during the policy period,to be named as an addi- (2) Any covered"auto"hired or.rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity company.All rights reserved. Page_1 of 4 Includes copyrighted.material of Insurance Services Office,Inc.vrith its permission. i ( I I I i COMN ERCIAL AUTO j permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of j ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle T e following is added to Paragraph A.1.,Who Is us any such claim or"suit" and keep A Insured,of SECTION II—COVERED AUTOS us advised of all proceedings and ac- An tions. LIABILITY COVERAGE: (ii) Neither you nor any o A y"employee"of yours is an"insured"while us ver involved Insured" will make an settlement in a covered"auto"you don't own,hire or borrow without our consent. in lour business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)in may, at our discretion, participate ' in defending the "insured" against,or LIMITS in the settlement of, any claim or 1. The 'following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily eluding bonds for related traffic law viola- injury" or"property damage"to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The:following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS _ ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- pause of time off from work. tion of such claims and your defense �= F. HI ED AUTO — LIMITED WORLDWIDE COV- "s the "insured" against any such E AGE INDEMNITY BASIS "suit", but only up to and included = within the limit described in Para- The ara- T e following replaces Subparagraph (5)in Para- graph C., Limits Of Insurance, of graph Bi7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS ® of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in Till NS: addition to such limit. Our duty to (5 Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid _ withih such country or jurisdiction, for Cov- and collectible other insurance available ered!Autos Liability Coverage for any covered to the"insured" whether primary, excess, MOM "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page of 4 ! ©2015 The Travelers Indemnity company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 003381 I 4 i I i i COMMERCIAL AUTO - I I You agree to maintain all required or (2) In or on your covered"auto'. compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto', local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or j ted or authorized insurer outside the more airbags in a covered"auto'you own that in- United States of America, its territories flate due to a cause other than a cause of'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto'for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty;and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one'loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or 'loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or'loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a:, Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident'or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto'of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for'loss"to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss",provided that the"accident'or"loss; (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. I COMN ERCIAL AUTO i such;contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our fight of c alment, Misrepresentation, Or Fraud, of cancellation or non-renewal. 51 CTION IV—BUSINESS AUTO CONDITIONS: i 1 I I m® m® i o® � o® m® u,® o� a I I i Page of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 95 Includes copyrighted material of Insurance Services Office,Inc.With its permission. 003302 i {I{ I i i f i i (I( I I TeXaSMutual Insurance Company j WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy 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 OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 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: INCLUDED,SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement,effective an 10/01/2016 at 12:01 a.m.standard time,forms a part of: Policy No.0001136698 of Texas Mutual Insurance Company effective on 10/01/2016 Issued to: INTEGRATED CORROSION COMPANY INC DBA: BRANCE-KRACHY d�� Premium: $3,908.00 Authorized Representative NCC)Carrier Code:29939 09/28/2016 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 03 04 B POLICY NUMBER: BA8G682682 ISSUE DATE: 2/15/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY ® NOTICE CANCELLATION I This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 City of Corpus Christi PERSON OR ORGANIZATION: f ADDRESS: City Hall Building 1st Floor 1201 Leopard St. Corpus Christi, TX 78401 PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER: 66086682682 ISSUE DATE: 2/15/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED-ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE 30 CANCELLATION: Number of Days Notice of Cancellation: PERSON OR ORGANIZATION: City of Corpus Christi ADDRESS: City Hall Building 1st Floor 1201 Leopard St Corpus Christi, TX 78401 PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 k TexasMutuar Insurance Company i WORKERS' COMPENSATION AND WC 42 06 01 j EMPLOYERS LIABILITY POLICY Agent Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT I This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of 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: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/01/2016 at 12:01 a.m.standard time,forms a part of: Policy No.0001136698 of Texas Mutual Insurance Company effective on 10/01/2016 Issued to: INTEGRATED CORROSION COMPANY INC DBA: BRANCE-KRACHY Authorized Representative NCCI Carrier Code:29939 09/28/2016 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 1 Fax(800)359-0650 1 texasmutual.com WC 42 06 01