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C2018-345 - 1/30/2018 - Approved
• 2018-345 1/30/18 M2018-021 Barcom Construction Inc. 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 30,2018,is between the City of Corpus Christi (Owner)and Barcom Construction,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid City Project No. E12126 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. 800 North Shoreline Drive.Suite 1600N Corpus Christi,Tx 78401 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 85 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 282 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 312 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 00 52 23-1 Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid E12126 Rev 06-22-2016 • INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF POLICE VEHICLE IMPOUND YARD AND GARAGE - PHASE 2 ( BOND 2012) RE-BID PROJECT NUMBER E12126 City of Corpus Christi Freese and Nichols, Inc. 800 N. Shoreline, Corpus Christi, TX 78401 November 3, 2017 Record Drawing Number PBG-810 SEAL SHEET _ OF 1 see OF . ® J J d seosm @99%m®J ..................:...J 0 SHANE RAY TORNO i i NICHOLAS A. CECAVAso 00060seems i e. 89499 �,% JJ9739100 CE some Deese ' GO. ttFS ONA V FREESE AND NICHOLS, INC. FREESE AND NICHOLS, INC. TEXAS REGISTERED TEXAS REGISTERED ENGINEERING FIRM ENGINEERING FIRM F-2144 F-2144 STRUCTURAL CIVIL BR OF.r RED A � 'Ci N4 D)0ES C. WARD ............ * 98658e 9TH 1,3111/03/17 OF GPM Engineering,Inc. 5440 Old Brownsville Road Corpus Christi,Texas 78417 F-2829 ARCHITECTURAL MECHANICAL AND ELECTRICAL 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01-13-2016) 00 30 00 Bid Acknowledgment Form (Revo1-13-2016) 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) 0052 23 Agreement(Rev 06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev06-12-2015) 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 (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 0131 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 Table of Contents 000100-1 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 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 Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatments 025418 Surface Treatment 025424 Hot Mix Asphalt Concrete Pavement (Class A) 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words, and Emblems 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026204 PVC Pipe—ASTM D 2241 Pressure Pipe for Wastewater Force Mains, Irrigation Systems and Water Transmission Lines 026206 Ductile Iron Pipe and Fittings Table of Contents 000100-2 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 Division/ Title Section 026210 PVC Pipe—AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves and Tapping Valves 026411 Gate Valves for Waterlines 026413 Butterfly Valves for Waterlines 026416 Fire Hydrants 027200 Control of Wastewater Flows (Temporary Bypass Pumping Systems) 027602 Gravity Wastewater Lines 027606 Wastewater Service Lines 027608 Private Sewer Services (for Residential and Commercial Application) 028300 Fence Relocation 028320 Chain Link Fence 028340 Chain Link Security Fence 028360 Chain Link Security Fence (Special Application) 028370 Barbed Wire Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 033000 Cast-In-Place Concrete (Buildings) 033511 Concrete Floor Finishes 055213 Pipe and Tube Railings 061000 Rough Carpentry 064100 Custom Cabinets 072100 Thermal Insulation 079033 Joint Sealers 081113 Hollow Metal Doors and Frames 083600 Sectional Overhead Doors 087133 Door Hardware 092116 Gypsum Board Assemblies Table of Contents 000100-3 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 Division/ Title Section 095100 Acoustical Ceilings 099033 Painting and Coating 104433 Fire Extinguishers 108000 Toilet, Bath, and Laundry Accessories 133419 Metal Building Systems 220529 Hangers and Supports for Plumbing Piping and Equipment 220553 Identification for Plumbing Piping and Equipment 220700 Plumbing Insulation 221100 Facility Water Distribution 221300 Facility Sanitary Sewerage 223300 Electric Domestic Water Heaters 224000 Plumbing Fixtures 224005 Laboratory Sink 230529 Hangers and Supports for HVAC Piping and Equipment 230548 Vibration Control for HVAC Piping and Equipment 230553 Identification for HVAC Piping and Equipment 230593 Testing, Adjusting, and Balancing 230700 Ductwork Insulation 230900 Instrumentation and Control for HVAC 232300 Refrigerant Piping 233100 Ductwork 233300 Air Duct Accessories 233400 HVAC Fans 233700 Air Outlets and Inlets 234000 HVAC Air Cleaning Devices 238126 DX Split-System Air Conditioners 239000 Laboratory Fume Hood 260000 Electrical 313116 Termite Control 316329 Drilled Concrete Piers and Shafts Appendix Title 1 Geotechnical Report Table of Contents 000100-4 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 Division/ Title Section 2 Geotechnical Report Supplement No. 1 END OF SECTION Table of Contents 000100-S Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 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: Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid City Prosect No. E12126 A. The City of Corpus Christi Police Department (in the Bond 2012 Program) proposes to build a forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes.The site selected by the Police Department and approved by the Council is at the City Service Center on Civitan Drive near Holly Road. The proposed facility should include a 2,700 square foot metal building with four overhead doors for access to the two vehicle bays, secured evidence storage room, small laboratory with sink and vent hood, and a small air compressor and associated piping for tool operation in vehicle bays. Also included in the project is the re-construction of the existing asphalt parking lot. The foundation for the new building will be EITHER a slab-on-grade foundation with over- excavation of the expansive soils down to 3' below existing grade and replacement with select fill (Additive Alternate No. 1) OR a suspended slab supported on drilled piers (Additive Alternate No. 2). 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$595,200 for Base Bid. Additive Alternate No. 1 or Additive Alternate No. 2 will be awarded with the Base Bid. The Project is to be substantially complete and ready for operation within 282 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. No additional time will be allotted for either Additive Alternate. 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 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM,Wednesday, December 6, 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 - Police Vehicle Impound and Garage—Phase 2 (Bond 2012) Re-Bid, Project No. E12126. 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,Wednesday, December 6,2017, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Smart Board Conference 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 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 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, November 28, 2017 at 10:00 AM at the following location: City Hall Building—Engineering Smart Board Conference 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. 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 Invitation to Bid and Instructions to Bidders 002113-3 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-4 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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 Invitation to Bid and Instructions to Bidders 002113-5 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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 0045 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. Invitation to Bid and Instructions to Bidders 002113-6 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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 Capital Programs 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 10 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 Invitation to Bid and Instructions to Bidders 002113-7 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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 be cause 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. 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. Invitation to Bid and Instructions to Bidders 002113-8 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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. 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 Invitation to Bid and Instructions to Bidders 002113-9 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 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- 10 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 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 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 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 ❑ Required X 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 X Required ❑ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required Insurance Requirements 007201-1 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 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. 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 Insurance Requirements 007201-2 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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 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; Insurance Requirements 007201-3 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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. 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 Insurance Requirements 007201-4 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not 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 Insurance Requirements 007201-5 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless 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 Insurance Requirements 007201-6 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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 limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 007201-7 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. 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 Insurance Requirements 007201-8 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 007201-9 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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 007201-10 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 COMMERCIAL BUILDING PERMIT APPLICATION • City Code of Ordinances Chapter 14 Development Services Section 14.231. Building code. (8) Application Type: ❑ Site Work Only ❑ New Construction ❑ Tenant Finish-Out ❑Accessory ❑ Shell Building ❑Addition ❑ Remodel ❑ Demolition ❑ General Repair ❑ Certificate of Occupancy Project Name: DEVELOPMENT SERVICES 2406 LEOPARD STREET Project Address: CORPUS CHRISTI,TX 78408 (361)826-3240 Subdivision: LT BLK (361)826-4375(FAX) PermltRequestsC@cctexas.com Property Tax ID - - Previous Use: Proposed Occupancy Type: Construction Type: (TYPE I-A,I-B, II-A, II-B, III-B, IV,V-A,V-B etc.) Sprinkler System:❑YES❑NO Fire Alarm:❑YES❑NO Platted Property:❑YES❑NO *property must be platted to issue building permit* Description of work in detail: 1. EAB M Area of Work Project Cost Accessibility: Texas Department of Licensing JIT Floor Sq. Ft. Building: and Regulation requires an EAB(Elimination of Architectural Barriers)Project#for all 2"D Floor Sq. Ft. Mechanical: PROJECTS greater than or equal to$50,000. (Website: www.tdIr.state.tx.us) 3RD Floor Sq. Ft. Electrical: 2. Effective January 10,2012-Section 14-231. Building code. (19)107.1.1 Texas 4T" Floor Sq. Ft. Plumbing: Department of Health Requirements. (Asbestos surveys required for renovations Total Square Footage: Total Project Cost: and demolitions) Ordinance#029343 ❑ASBESTOS SURVEY PROVIDED (Include additional floors on a separate sheet) I ❑ DOES NOT APPLY Names E-Mail Address, City,Zip Phone# CONTRACTOR: PROJECT CONTACT: OWNER: ARCHITECT/ENGINEER/DESIGNER: CITY PROJECT MANAGER: ENERGY COMPLIANCE INSPECTOR: (NEW& ADDITIONS) ENERGY COMPLIANCE OPTION TO BE UTILIZED: ❑PRESCRIPTIVE ANALYSIS F—]PERFORMANCE ANALYSIS COMMISSIONING AUTHORITY: WINDSTORM COMPLIANCE OPTION TO BE WP1-1 (NEW BUILDINGS AND ADDITIONS) UTILIZED: WPI-3 ALTERATIONS TO EXISTING STRUCTURE Attachment No. 6 Please provide Company Name and Contact Person for each field Page 1 of 1 Print Signature Name Phone Number Office Use- Permit#: Expedited:❑YES❑NO Signature of Contractor or Authorized Agent Date Staff Initials: Intake Date: Signature of Owner(If Owner is Builder) Date Revised 7/18/2017 Submittal Checklist Please check off all required items related to your project. o Property is platted.Addressed Verified through GIS.GIS confirmed address should match all submitted documents.Site plan needed to verify address.This is recommended to be done prior to submittal. o Verify if project is in a flood plain. o Verify if project is affected by a CIP/CofCC. o Zoning Verified.Verify that the proposed use is compatible with the zoning district.This is recommended to be done prior to submittal. Refer to Section 4 of the UDC. o Submit digital plans and associated documents via email as PDF attachments or drop box link or drop off digital files in person. Max size of file that can be emailed as attachment is 25 MB. Multi-sheet plans to be submitted as a single PDF file, not individual sheet PDFs. o Building Application completed.To include name of project,GIS verified address, permit type,occupant&construction type,detailed scope of work,square footage,all valuations.All required names(applicant,owner, engineer/architect/designer, Registered Energy Compliance Inspector and/or Commissioning Authority.A separate application is required for each structure or suite.Verify PM for TFOs associated to a new shell building. o Contractor registration form filled out for non-registered General Contractors. o EAB number if valuation exceeds$50,000 based on IBC calculations.Required at submittal. o WPI-1 for New Construction or substantial alterations or additions to existing structures. Required at submittal. 0 2015 Water meter sizing form and Tap Application completed if Applicable.A water meter size and type of tap must be selected.Select Wastewater tap and Gas if applicable.Required at submittal. o Engineering Notification needed for all taps to city utilities.Required at submittal. o Street Cut Permit required for all proposed street cuts or boring.Required at submittal. o Elevation Certificate for any project in a flood zone(A or V).Required at submittal. o Asbestos Report for Remodel,TFO, Demo&additions where openings through existing walls are proposed.Required at submittal. Energy Review requirements conform to IECC 2015: o ComChecks for lighting, mechanical and envelope(as needed). Comchecks to be prepared by ECI or registered architect or engineer.Required at submittal. 0 Letter of Energy to include name of Energy Compliance Inspector and method of Energy Compliance to be utilized (Prescriptive or Performance Analysis) If applicable.See attached 2015 Letter of Energy IECC Pre-Post Submittal Requirements. Include ECI name on application.Required at submittal. 0 Commissioning Plan/Report If applicable. Include Commissioning Authority name on Application.Guidelines for Commissioning Plan/Report per C405&C408,2015 IECC are attached.Required at submittal. Digital set of plans.A complete plan set will include but not limited to the following: o Project name and address on all sheets. o All Buildings over 5000 sq.ft. or more than a single story will require that all documents are sealed by an engineer. o All buildings over 20,000 sq.ft. require an Architects Seal. o All plans should be labeled "For Construction"or not labeled at all. Plans labeled "For Review" or"For Permit"will not be approved. o Cover page ■ Construction Type ■ Occupancy Type (see attached construction and occupancy type list) ■ Occupancy Load Calculations ■ Code Summary(2015 for Building, Mechanical, Plumbing and Energy,2017 for Electrical). ■ If there is no proposed work to any specific portion of an existing building, including walls, mechanical, electrical, plumbing or site, make note on cover page and any other affected pages. Addendum No. 2 Attachment No. 7 Page 1 of 3 1 Submittal Checklist o Floor plans: ■ Conform to IBC 2015. ■ Existing wall layout. ■ Proposed wall layout with wall details,egress plan, rated walls and doors including UL number. ■ Elevations for new construction. ■ All Plans should be scaled and dimensioned. ■ Exterior walls within 10'of a property line or adjacent building must be fire rated. o Mechanical plans: ■ Conform to IMC 2015. ■ Existing equipment,air supply and air return locations for Remodels,TFOs and Additions. ■ Proposed equipment,air supply,air return and condensate drain locations. ■ Air exchange calculations, locations of smoke and fire dampers if applicable. ■ Statement saying air balance report will be issued at final inspection. o Electrical plan: ■ To conform to NEC 2017 ■ Existing locations of lighting, receptacles,switches, power plan, panel schedule and other electrical sub panels,disconnects or accessories. Required for Remodel,TFO and Additions. ■ Proposed locations of lighting, receptacles,switches&electrical sub panels,disconnects or accessories. ■ One line diagram, power plan and panel schedules. o Plumbing plan: ■ Conform to IPC 2015 ■ Location of existing restrooms with ADA accessible toilet(s),sinks and water heaters. ■ Location of proposed restrooms with ADA accessible toilet(s)and sinks. Noted hard washable surfaces are required in areas within 24"of a wet area in proposed restrooms and/or kitchens. ■ Fixture count as related to occupancy load. ■ Hi/lo drinking fountain location&mop sink if occupant load exceeds 15 occupants. ■ Water heater location&temperate water mixing valve locations for proposed public use sinks. ■ AC condensate drain locations. ■ Roof plan that shows location of vents and fresh air intakes and measurements. ■ Riser diagram. ■ Grease trap location and calculations if applicable. ■ Hair trap locations for salons or similar uses. ■ Oil/sand separator for proposed floor drains in car wash,warehouse,fabrication facilities or similar uses. o Equipment Specifications:all equipment shall be listed and labeled for its intended use. Provide specifications of major equipment such as,fuel tanks, major food preparation/storage appliances,and other specialized equipment. o Windstorm Plans/details,sealed by engineer for new construction buildings. o Pre-manufactured metal building plans sealed by engineer. o Industrialized seal for Proposed Modular Buildings(engineer sealed plans from modular building company if applicable). ECI information not required for Modular buildings. o Foundation Plan to include beam& reinforcement details&sealed by engineer.Anchoring detail to be included. o Site plan ■ Dimensions between existing and proposed buildings,easements, property lines,set-backs, proposed parking, mechanical equipment,dumpster locations,zoning districts of abutting properties. ■ Location of existing driveways. ■ Location of proposed driveways with dimension and details. Refer to Section 7.1 of the UDC for requirements. ■ Proposed mechanical equipment and dumpster locations must be noted as screened if located within view of ROW or residential districts. ■ Existing or proposed fire hydrant location showing a 300' hose lay to most remote point of the building or 500' if building is fire sprinkled. Hose lay must be noted as following a driveway&fire lane. ■ Proposed FDC must be noted to be within 100'of an existing or proposed fire hydrant. ■ Proposed buildings cannot cross lot lines. ■ Existing buildings that cross lot lines cannot be expanded unless a re-plat removing lot lines is submitted. ■ Site plan not needed for remodels. Addendum No. 2 Attachment No. 7 Page 2 of 3 2 Submittal Checklist o Site Key Plan to determine location of tenant space in a multi-tenant building for TFOs and Remodels. o Utility plans to be sealed an engineer and must show: ■ Existing and proposed utilities: • Proposed water line location. Line size must match water meter sizing and tap application. • Wastewater line location and details. Details should include line size,slope and profiles. • Proposed gas line location. • Proposed storm water location. • Proposed fire line location. ( plans should include location of backflow preventer, FDC and fire protected riser room if applicable). • Proposed electrical underground. • Private utilities cannot cross interior lot lines. o Paving,Grading and Drainage plans to be sealed by engineer and must include the grading elevations 25 feet beyond all property boundaries from adjacent properties and lots. Refer to Code of Ordinances, Part 3,Chapter 14 Article 2, Division 2,Section 14-14-231 UDC Survey Requirements. o Pollution control plan if proposed work disturbs more than %acre but less than 1 acre or(SWAMP)Storm water quality management plan (sealed by engineer)and N.O.I.if the area disturbed area exceeds 1 acre. . Refer to Code of Ordinances,Chapter 14,Article X for requirements. o Parking plan for all new construction projects or for a change of use to an existing single occupant or multi-tenant building.A parking tabulation is required as part of the Parking Plan. Refer to Section 7.2 of the UDC for requirements. o Landscape plan drafted by landscape architect, landscape professional or engineer. Irrigation plan required.Water Meter Sizing Form and Tap Application required for Irrigation Systems. If no irrigation system is to be used, note hose bibs with 75'of the landscaping on the Landscape Plan. Refer to Section 7.3 of the UDC for requirements. o Parking lot and Exterior Lighting plan required for proposed lighting.A photometric or cone of light detail is required as part of Parking lot and Exterior Lighting Plan. Refer to Section 7.6.of the UDC for requirements. o Public Improvement Plans associated with this project need to be labeled as Public Improvements and submitted separately to publicimprovements@cctexas.com. This is a separate submittal for the Building Permit Application. o Driveway Permit: Only one driveway permitted with building application (additional driveway permits require separate application). Refer to Section 7.1 of the UDC for requirements. o Fire Sprinkler and Alarm Plans submitted to fire department if applicable. Project Name and Address Name of PM and date of EA Meeting Date Check here if an EA was not requested Print Name Signature Date Signature of Applicant acknowledges that the above checklist has been reviewed and is complete. UDC Link http://www.cctexas.com/government/development-services/i-need-information/codes-and- ordinances/udc/index Code of Ordinances Link https://IibrarV.municode.com/tx/corpus christi/codes/code of ordinances?nodeld=PTIIITHCOOR CH14DESE Addendum No. 2 Attachment No. 7 Page 3 of 3 3 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 Barcom Construction Inc. (type or print name of company)on:December 6,2017 at 2:00 PM for Police Vehicle Impound Yard and Garage— Phase 2 Re-bid(Bond 2012),Project No.E12126. 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-Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid Project No. E12126 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 00 30 00-1 Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid E12126 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt 1 11/20/2017CUK r ! 2 11/30/2017 ( ltt�2 ] ^'1, 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. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and Bid Acknowledgement Form 003000-2 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents, ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ 685, 3 29. aA Add Alternate 1 $ 93, 44q.q i Add Alternate 2 $ l�of -15 The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. Bid Acknowledgement Form 003000-3 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Ream-13-2016 4.02 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. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—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 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 282 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 312 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. Bid Acknowledgement Form 003000-4 Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid E12126 Rev 01-13-2016 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: 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 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. Bid Acknowledgement Form 003000-5 Police Vehicle Impound Yard and Garage—Phase 2(Bond 2012)Re-Bid E12126 Rev 01-13-2026 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: Barcom Construction, Inc. (typed or printed full legal name of Bidder) By: 441nn_"V 1V 1 LV (individual's signature) Name: Elaine R. Hoffman (typed or printed) Title: President (typed or printed) Attest: Al I A Jmmct: ~ (individual's signature) ( State of Residency: Texas Federal Tax Id. No. 4.5-4.563476 Address forgiving notices: 5826 Bear Lane Corpus Christi,TX 78415 Phone: 361-851-1000 Email: elaine@barcom.cc (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 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT C6 Trench Safety for Waterlines LF 104 Z L IP Remove and Replace Existing 6' High Chain Link Fence Ci w/ garbed Wire LF 20 S b-oo 1 1 24.00 C8 Allowance for Unanticipated Water Utility Work LS 1 $ 2,000.00 $ 2,000.00 SUBTOTAL PART C-WATER DISTRIBUTION IMPROVEMENTS(Items C1 thru CB) ,11p Part D•WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 6" Dia. PVC Wastewater Gravity Line (0'-6' Depth) LF 90 57 54 St 178tob D2 4" Dia. PVC Wastewater Gravity Line (0'-6' Depth) LF 20 D3 6"X6"x4" PVC Wye EA 2 db D4 4" PVC 45° Bend EA 2 P�q ILI 3 1 Us 6"Tie-in Service Connection (Include bends,fittings, D5 etc.) EA 1 21 9,04.1 ' D6 6" Cleanout EA 3 p, ©Z 1�.3 D7 Trench Safety for Wastewater Lines LF 110 (4lAq -10 DS Allowance for Unanticipated Wastewater Utility Work LS 1 $ 1,500.00 $ 1,500.00 SUBTOTAL PART D-WASTEWATER IMPROVEMENTS(Items D1 thru D8) 1339 1 . Part E•FORENSICS BUILDING(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1=Alessor, ding including Overhead Doors, Fume Hood, LS 1 �11 104' frl, 101. 1} and all Finishes and Fixtures as Shown SUBTOTAL PART E-FORENSICS BUILDING(Item E1) Id 1 16 , Part F-ADDITIVE ALTERNATE NO. 1 (per SECTION 0123 1.0 ALTERNATES AND ALLOWANCES) FFor-enscics Building Slab on Grade Foundation (Including In � F1 erexavation and select fill) LS 1 9-3 .443 47 SUBTOTAL PART F-ADDITIVE ALTERNATE NO, 1(Item F1) Part G-ADDITIVE ALTERNATE NO.2 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) G1 Forensics Building Pier Supported Foundation LS 1 ©"] 67 , `] SUBTOTAL PART G-ADDITIVE ALTERNATE NO.2 (Item G1) 63, 071. BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A7) SUBTOTAL PART B - PAVING IMPROVEMENTS (Items 131 thru B14) �Z W2 ' SUBTOTAL PART C-WATER DISTRIBUTION IMPROVEMENTS (Items C1 thru C8) SUBTOTAL PART D-WASTEWATER IMPROVEMENTS (Items D1 thru D8) SUBTOTAL PART E- FORENSICS BUILDING (Item E1) 01 AN TOTAL PROJECT BASE BID (PARTS A THRU E) M.8 Bid Form Addendum No. 2 Page 2 of 3 Police Vehicle Impound Yard and Garage-Phase 2 (Bond 2012) Re-Bid E12126 Attachment No. 2 RevOl-13-2016 Page 2 of 3 00 30 01 BID FORM I i Project Name: Police Vehicle Impound Yard and Garage- Phase 2 Re-bid (Bond 2012) Project Number: E12126 Owner: City of Corpus Christi Bidder: ' DAR: Ernest De La Garza, P.E. Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A•General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 4D-7 0, A2 Contractor Home Office Overhead and Profit(HOH) LS 1 A3 Field Office Overhead (FOH) LS 1 . A4 Payment and Performance Bonds LS 1 55.( A5 Insurance LS 1 O 3$.7 A6 Permits LS 1 9,3 10-9KS10-21 A7 IDemolition LS 1 1 SS7, 20 G57. 2-o SUBTOTAL PART A-General(Items Al thru A7) Part B-Paving Improvements(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Site Clearing, Stripping, and Grading SY 2,200 3 , 4 ,D B2 Temporary 6' High Construction Fencing LF 260 1 ,919 -96 B3 12" Compacted Subgrade SY 1,880 f01 io .0d B4 Geogrid (Tensar TX-5) SY 1,880 11,41-uso B5 8" Crushed Limestone Flexible Base (Type A, Grade 1-2) SY 1,880 0. c) B6 Prime Coat (0.15 Gal/SY) GAL 282 Q 1 ,91-7,(.o 0 B7 2 1/2" HMACP (Type 'D') SY 1,929 , I tp b,IeM 1A B8 4" Painted Parking Stripes (Yellow) LF 300 ,2-n GIU0.06 B9 Handicap Parking Symbol EA 1 C1, (p3, 3 B10 Handicap Parking Sign EA 1 1, 2-5- B11 L B11 Concrete Wheel Stops EA 2 11147 7 ._71q B12 Ozone Day DAY 2 .g2 ,✓(t B13 Silt Fence for Storm Water Pollution Prevention LF 680 Zi ,2 B14 Sediment Control Log LF 25 , '.�3 SUBTOTAL PART B-Paving Improvements(Items B1 thru B14) 1112%302- Part C•WATER DISTRIBUTION IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 2" Sch.40 PVC Waterline LF 104 &-o8 �2 C2 2"45° PVC Bend EA 2 C2 Ki 10A.SIP C3 2"Water Service Connection EA 1 u 6- s C4 8" x 6"Tapping Sleeve EA 1 L0 5 I to 649.61 C5 Fire Hydrant Assembly(Type 1) 1 EA I 110-111-7. 15111 Bid Form Addendum Na. 2 Page 1 of 3 Police Vehicle Impound Yard and Garage- Phase 2(Bond 2012) Re-Bid E12126 Attachment No. 2 Rev 01-13-2D16 Page 1 of 3 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT TOTAL PROJECT ADDITIVE ALTERNATE NO. 1 (PART FJ TOTAL PROJECT ADDITIVE ALTERNATE NO. 2 (PART G) 163402 1. -75 Contract Times Bidder agrees to reach Substantial Completion in 282 days Bidder agrees to reach Final Completion in 312 days Addendum No- 2 Bid Form Attachment No. 2 Page 3 of 3 Police Vehicle Impound Yard and Garage-Phase 2(Bond 2012) Re-Bid E12126 Page 3 of 3 Rev 01-13-2016 L 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY7CTrT — PURCHASING DIVMN .....f CITY OF CORPUS CHRISTI city of DISCLOSURE OF INTEREST �n 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: Barcom Construction Inc. P.O.BOX: STREET ADDRESS: 5826 Bear Lane CITY: Cornus Christi ZIP: 78415 FIRM IS: 1. Corporation ® 2. Partnership a 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 -N/A 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 NIA 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 NIA 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 N/A City of Corpus Christi 00 30 05-1 Disclosure of Interest Addendum No. 2 Remi-13-2026 Attachment No. 3 Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Elaine R. Hoffman Title: President (Type or Print) Signature of Certifying Date: Person: 12/5/2017 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 Addendum No. 2 00 30 05-2 Disclosure of Interest Attachment No. 3 Rev01.13-7016 Page 2 of 2 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 © 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: Barcom Construction, Inc. (typed or printed) By: (signat -)attach evidence of authority to sign) Name: Elaine R. Hoffman (typed or printed) Title: President Business address: 5826 Bear Lane, Corpus Christi,TX 78415 Phone: 361-851-1000 Email: elainef@barcom.cc END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 11-25-2013 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: Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid City Project No. E12126 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: Barcom Construction. Inc. (typed or printed) By: L) A. '/ (signoture - och evidence of authority to sign) Name: Elaine R. Hoffman (typed or printed) Title: President Business address: 5826 Bear lane. Corpus Christi,TX 78415 Phone: 361-851-1000 Email: elaine barcom.cc END OF SECTION Non-Collusion Certification 003006-1 Police Vehicle Irnpound Yard and Garage—Phase 2(Bond 2012)Re-Bid E12126 11-25-2013 THE AMERICAN INSTITUTE OF ARCHITECTS t AIA Document A310 Bid Bored KNOW ALL MEN BY THESE PRESENTS, that we Barcom Construction, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut 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 Five Percent of the Greatest Amount Bid Dollars ($ 5% of G.A.B. }, 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 Police Vehicle Impound Yard and Garage— Phase 2 (Bond 2012) Re-bid Project Number E12126 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, 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. Signed and sealed this 6th day of December, 2017. Barcom Construction, Inc. (Princi"a/) (Seal) (Witness) ( rt ) Travelers Casualty and Surety Company of America (Surety) (Seal) I ink (Witness) A.�Mcc(Clure (Title)Attorney-In-Fact AIA DOCUMENT A310•BID BOND•AA 0•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N_Y.AVE.,N.W.,WASHINGTON,D.C.20006 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A POWER,OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and'Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. ?1-7687 Certificate No. 006644855 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the•`Companies•'),and that the Companies do hereby make,constitute and appoint C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer,and Michelle Ulery of the City of Cypress •State of Texas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing orguaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seal%be hereto affixed,thit t'Ce[l7bef 1$th 17 day of January 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company K tN � ,Rsu t�T aN G/.SIuU.��j Jy4iRi6� 0��.-..•:rU9 Jat,.......4a wa* °a �NupswhF. �$SY•ti� v s� �n H�'OldtTrp x uE �imf ij� Pf'n i NR4trF9itt3, : nt§3F0(r1, ri � tt � c '�� .Y� A � FANG 9lN"..wa� �Yy�.......-.:T.� df �a+ • � "•�l AI��� State of Connecticut By: City of Hanford ss. Robert L.Raney. enior Vice President On this the 18th day of January 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company.St.Paul Guardian]nsurnnce Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United State+ Fidelity and Guaranty Company.and that he,as such,being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. • IFT In Witness Whereof,I hereunto set my hand and official seal. TAR My Commission expires the 30th day of June,2016. * '00BL><1z' * Marie C.Tetreau It.Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters.Inc.,St.Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or tier:and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman.any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a band,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the si-nature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President. any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and bindinl-on the Company in the future with respect to any bond or understanding,to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company o€America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of s .20 i �iv'' ( . Kevin E.Hughes,Assistant Sec tary Gh6Uy[p y4 tlPi d.4 `*µ..145U 8�INSWq l[♦ANO WlF Y ?�+� � ��.� ♦ * ttdxiPA4�gS p`�..:...........9�} vY J' J� �' r!' W4 '� '•� o 6 n �' AORpTro :+.�, m �r _ h m w �Qnpoagr�; a R i�°va`rnaco i n y Sq�*�S a '' � 195 { -`t•S E IL i, o" ' '° CIXIN. Clx4R 8 ea+ t89S ,. bey' �+'� "b✓.i t� �„�m„r.�Nct�o °'1S.Af a{s......•��a� 'dyf „rant � . ,did"- ��YJ.ittt To verify the authenticity of this Power of Anomey,call 1-800-431-3880 or contact us at www,travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of(lie bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TravelersA410' IMPORTANT NOTICE TO OBTAIN MORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company,Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower,Suite 2900 Philadelphia, PA 1.91.02 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149.104 Austin,TX 7871.4-91D4 (800)252-3439 ATTACH.TFBS NOTICE,TO YOUR BOND.This notice is for informati©n only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code, and Section 53.202,Property Code,effective September 1, 2001. 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 30,2018, is between the City of Corpus Christi (Owner) and Barcom Construction, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid City Protect No. E12126 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 North Shoreline Drive,Suite 160ON Corpus Christi,Tx 78401 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 282 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 312 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. 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 Agreement 005223- 1 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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 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 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+Additive Alternate No. 1 $779,279.78 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. Agreement 005223-2 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 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 5.02.6, 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. 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; Agreement 005223-3 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 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. Agreement 005223-4 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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 005223-5 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signetl by Rebecca Huetla Digitally signed by Jeff Edmonds Rebecca H uerta DN cn=Reb ca Huetla o@City"'Cwpus cbri ou=City DN cn=Jeff Edmonds,o,ou=Engineering, Secretary,email=rebe .=City dC.com,FUS Date:2018.022109.011 is-08'00email=jeffreye@cctexas.com,c=US Date:2018.02.20 09:35:20-06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-021 AUTHORIZED APPROVED AS TO LEGAL FORM: 1/30/18 BY COUNCIL �.. RH/MLDigit� by "y2018.02.14 19:25:26 Secretary,n-RH/M� CY on-City Secretary.ee 8iom, -06'00' Dat2018 02.20 10:25:43-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR lo Ashley Sotello Date:2018.02.06 018.0206lly signed y1351:19-06Ashley 100 ' Barcom Construction, Inc. (seal Below) By: Elaine R. Hoffman Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 5826 Bear Lane Financial Officer Address Corpus Christi, Texas 78415 City State Zip 361/851-1000 361-851 -1717 Phone Fax elaine@barcom.cc EMail END OF SECTION Agreement 005223-6 Police Vehicle Impound Yard and Garage—Phase 2 (Bond 2012) Re-Bid E12126 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. 106727041 Contractor as Principal Surety Name: Barcom Construction,Inc. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane 4650 Westway Park Blvd. Corpus Christi,TX 78415 Houston,TX 77041 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,TX 77041 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:Connecticut 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): 281-606-8400 Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012)ReBid—Project No.E12126 one Tele h p (for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: January 30,2018 Address: 13823 Schmidt Road Contract Price: $7?9,279.78 Cypress,TX 77429 Telephone: 281-890-9294 Bond Email Address: alm@southernamericanins.com Date of Bond: February 1, 2018 The address of the surety company to which any notice of claim should be sent maybe obtained C (Date Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number 1-800-252-3439 Performance Bond 00 6113-1 E12126 Police Vehicle Impound Yard and Garage Ph 2(Bond 2012)ReBid 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duty executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Barcom Construction, Inc. Surety Travelers Casualty and Surety Company of America Signature: q, Signature: �re�a-- "Name: "" PTO Name: C.A. McClure Title: Q'f e 5 ; C3 Cry } Title: Attorney in Fact Email Address: C Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113 -2 E12126 Police Vehicle Impound Yard and Garage Ph 2(Bond 2012)ReBid 7-8-2014 17 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .� POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surely Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 27687 Certificate No. 0066 /1-4933 KNOW ALI. MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc..is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make.constitute and appoint C.A.McClure,Kelly J.Brooks,Kenneth L. Meyer,and Michelle Ulery of the City of Cypress ,State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,sea]and acknowledge any and all bonds,recogni7ances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed,this 18th day of January 2016 Farmington Casually Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America. St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GRSU4�� �� SIRE 5 4 01*K 1#f4• Py INSfJq� z Wy t#p ytr Y�y� r °4 x r°"PO'•• d M 4r i u° i 804 FORAY, ttl�flrFDHD� � H+.97tcfLl. � 7 �p`LY 7896 4bs> f95i �;S&/1L:rol v,.SERL:a d,\carat/ q $ �< •„n Stale of Connecticut By: City of Hartford ss, Robert L.Raney, enior Vice President On this the 18th day of January 2016 before me personally appeared Robert L,Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surely Company of America,and United States Fidelity and Guaranty Company.and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TIl7 In Witness Whereof,I hereunto set my hand and official seal. ITAA My Commission expires the 30th day of June.2016. * A %fj Maric C.Tetreault,Notary Public 0. 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Pow&of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St. Paul Fire and Marine Insurance Cotapany,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and'United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,tory Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any)executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Trcasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED•that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President. any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,:and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified h-v such facsimile signature and facsimile seal%hall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1st day of February ,20 18 Kevin E.Hughes,Assistant Sectary d GAfpF gy14TYY� � Vy vtRE y y1 pOr,�.�•i#x,49 api nsugq� '�,t5.4kp�` �Ia�+sw++Y� ��41iSY'Cy0 �3" ' 4�i n o HCOArOR4tFn T �lta�van�r`C e''+ w��pq�oaarf n � �, 1S�•A*4 rs......h� 6f hal 1 �t11�lN� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.iravelersbond,com, Please refer to the Attorney-ln-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers''l'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A C0%1PLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company,Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA .19102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800) 252-3439 ATTACH TIES NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202,Property Code,effective September 1, 2001. s 006116 PAYMENT BOND BOND NO. 106727041 Contractor as Principal Surety Name: Barcom Construction Inc. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 5826 Bear Lane 4650 Westway Park Blvd. Corpus Christi,TX 78415 Houston,TX 77041 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,TX 77041 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: Connecticut 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): 281-606-8400 Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012)ReBid—Protect No.E12126 Telephone(for notice of claim): 267-675-3000 Local Agent for Surety Name: C.A. McClure Award Date of the Contract: January 30,2018 Address: 13823 Schmidt Road Contract Price: 5779,279.78 Cypress,TX 77429 Bond Telephone: 281-890-9294 Email Address: alm@southemamericanins.com Date of Bond: February 1, 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 006116-1 E12126 Police Vehicle Impound Yard and Garage Ph 2(Bond 2012)ReBid 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, anent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Barcom Constructl0p, Inc. Surety Travelers Casualty and Surety Compan of America Signature: o Signature: � � Name: Name: C.A. McClure Title: r f- Title: Attorney in Fact Email Address: [� �j �^yam, Email Address: alm@southernamericanins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 E12126 Police Vehicle Impound Yard and Garage Ph 2(Bond 2012)ReBid 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ak POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 22_7687 Certificate No. 006644935 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the haws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),'nd that the Companies do hereby make•constitute and appoint C.A. McClure,Kelly J.Brooks, Kenneth L. Meyer,and Michelle Ulery of the City of Cypress .State of Texas their true and lawful Attorney(s)-in-Fact• each in their separate capacity if more than one is named above,to sign,execute,seal and.acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 18th day of January 2016 Farmington Casually Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GI.SIl,�rh ttlxa 3 ��*M..°K$G Pi INS4gq SP�Tv irya� yR WFrr r,t,Y� 4Q � � ♦ �RSP Lp RPORq�!'!m ?� PPGRqi"e � �� �S�i n {[��y�} kTEU =+•� �� W [* 4r t,A rf?�"; ¢ � F- fIG ' C1`• 13f f t y S F J•. �' J. .o F v �I�An �{�' t5COPW Q J, t��B n 1951 a �..5EItL,`o: e�58ALr.t w o d•.. r� fir/ ytN(] V'+ State of Connecticut By: City of Hanford ss. Roberi L.Raney, enior Vice President On this the 18th day of January 2016 .before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance.Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself tis a duly authorized officer. In Witness Whereof,I hereunto set my hand and official,eat. My Commission expires the 30th day of June.2016. 'pUBL1U * Marie C.Trne,mlt.Notary Public 0. 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING;THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following fesolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,Sl. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows; RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking.and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that tory bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers; President.any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary.any Assistant Secretary,and the scal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding io which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomcy executed by said Companies,which is in lull force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed th1st e seeds of said Companies this day of February �0 1$ Kevin E.Hughes,Assistant Sec tary r"Gh54k(/.r �� -yth[�.a,. O`�M i4SG9 Ay.+xsVq*. y T�r kNAd 1M0f i�FY'Y'(5r0 it ♦ jV C, e � l _rP p t^0� = 1L ff �f+ #4 L% 4 i fiQy , 1 4 ry. �'+'' oa�Ns+_` Is.;-Aw�. v1s,...�..:r�a° Air �,+'r �•�' �1�1i b� To verify the authenticity of this Power of Auorney,call 1-500-421-3880 or contact Its at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is anachal. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers i''' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower,Suite 2900 Philadelphia, PA 1.9102 (267)675-3000 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages, rights or complaints at.: Texas Department of Insurance P.O. Box 149.1.04 Austin,TX 78714-9104 (800) 252-3439 ATTACH TIBS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202,Property Code,effective September 1,2001. DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 9/11/2017 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 have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER CONTACT NAME: Renee Terrell Higginbotham Insurance Agency, Inc. PHONE 361-561 4237 FAX 361-844-0101 dba Swantner&Gordon Insurance Agency, LLC A/c No E-MAIL rterrell hi Inbotham.net PO BOX 870 ADDRESS: @ 99 Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Valley Forge Insurance Company 20508 INSURED BARC06 INSURERB:Westchester Fire Insurance Company 10030 Barcom Construction, Inc. INSURER C:Transportation Insurance Company 20494 Barcom Commercial, Inc. INSURER D:Continental Casualty Company 20443 5826 Bear Lane Corpus Christi TX 78405 INSURER E:Travelers Property Casualty Co of Am 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: 1127092479 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 MWDD/YYY MM/DD/Y C X COMMERCIAL GENERAL LIABILITY 04034064756 9/12/2017 9/12/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE XI PREMIDAMAOCCUR ETORENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- El LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 04034064790 9/12/2017 9/12/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ E X UMBRELLA LAB X OCCUR ZUP91M1439A17NF 9/12/2017 9/12/2018 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC434064773 9/12/2017 9/12/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Builders Risk 121081838006 9/12/2017 9/12/2018 Insured Project Limit $5,000,000 Per Occurrence $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Construction Contract Admin. ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi TX 78469-9277 AUTHORIZEDREPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BARC06 _ LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Barcom Construction, Inc. Barcom Commercial, Inc. POLICY NUMBER 5826 Bear Lane Corpus Christi TX 78405 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractor's General Liability Extension Endorsement CNA74705XX 01/15). General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Blanket Additional Insured - Owners, Lessees or Contractors-With Products-Completed Operations Coverage-Form CNA75079XX 01/15). General Liability policy includes a primary& non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision. (Contractor's General Liability Extension Endorsement CNA74705XX 01/15). Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Contractors Extended BA Plus Coverage Endorsement-Form CNA63359XX 04/12). Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Texas Additional Insured- Form CA2048 10/13). Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover from Others Endorsement -Form WC 42 03 04B 06/14). Executive Officers, David & Elaine Hoffman, are excluded under the Workers' Compensation policy. (Partners, Officers and Others Exclusion -Form WC420308 01/97). Umbrella policy follows the terms, definitions, conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance. (Specialty Commercial Umbrella Liability Policy-Form E00001). Contractors Professional Liability and Pollution Incident Liability Policy info: Columbia Casualty, Policy#CZB288296539, 11/14/16-17, $2,000,000 Each Claim/$2,000,000 Aggregate. Contractors Professional Liability and Pollution Incident Liability Policy includes Waiver of Subrogation -Form G-130914 02/11. Employee Theft policy with Travelers Casualty&Surety Company of America, Policy#105677128, 09/12/17-18,$1,000,000 Per Occurrence Limit. E12126-Police Vehicle Impound Yard and Garage-Phase 2(Bond 2012) Re-Bid ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOM PLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Parson Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO NAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1.IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2 .WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. .� All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX(1-15) Policy No: 4034064756 Page 1 of 1 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: BARCOM CONSTRUCTION, INC. Gopyrighf GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. The WHO IS AN INSURE©section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, it any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: .A. unless paragraph B.below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily Injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard,and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury,property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. IL Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract, or B. a higher limit of insurance than required by the written contract. 111. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;and 2. supervisory, inspection,architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX(1-15) Policy No: 4€ 34064756 Page 1 of 2 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. copyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising Injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Pollcy No: 4034064756 Page 2 of 2 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured]Name: BA,RCOM CONSTRUCTION, INC. Gopyright CRA All Rights Reserved. Includes copyrighted rnaWlal ut Insurance Services office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury-Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads S. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury-Exception for Reasonable Force 11. General Aggregate Limits of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability - Damage To Premises /.Alienated Premises/ Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury-Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage»Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation-Blanket 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 4€ 34064756 Page 1 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. copyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effector becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. .A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. S. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whore a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whore a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, Property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Pollcy No: 4034064756 Page 2 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: BA,RCOM CONSTRUCTION, INC. copyright CRA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. E. Lessor of Premises An owner or lesser of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgages,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, Property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures; or b. the construction,erection,or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodilyu injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX(1-15) Policy No: 4€ 34064756 Page 3 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. copyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED»PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own Insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional Insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any ether insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Dulles In The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part, or CNA74705XX(1-15) Policy No: 4034064756 Page 4 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: BA,RCOM CONSTRUCTION, INC. Gopyright CRA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named insured, provided that there is no other similar liability insurance, whether primary, contributory,excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and 1.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. 1. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX(1-15) Policy No: 4€ 34064756 Page 5 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. Gopyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse;or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnities any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnities an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, it an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. S. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 4034064756 Page 6 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured]Name: BA,RCOM CONSTRUCTION, INC. copyright CRA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p, Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph(1)above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph(1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. — 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Policy No: 4€ 34064756 Page 7 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. Gopyrighl GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises dented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) Pollcy No: 4034064756 Page 8 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured Name: BA,RCOM CONSTRUCTION, INC. Gopyright CRA All Rights Reserved. Includes copyrighted rnaWlel of Insurance Services office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and i.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence, and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only it the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). Li. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii, add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 4€ 34064756 Page 9 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. Gopyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health cam incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: 1. add the fallowing definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health cage services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional, or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance,situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX(1-15) Policy No: 4034064756 Page 10 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured]Name: BA,RCOM CONSTRUCTION, INC. copyright CRA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business, and (2) bodily injury to an employes while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Otherinsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b, the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company, and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES f .ALIENATED PREMISES I PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) Policy No: 4€ 34064756 Page 11 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: BARCOM CONSTRUCTION, INC. Gopyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Prop" Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (6) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1),(3)and(4)of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply it the premises are your work. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: 1. tools, or equipment the Named Insured borrows from others, nor III. other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or 9. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) PollcyNo: 4034064756 Page 12 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: BARCOM CONSTRUCTION, INC. copyright CNA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A – Bodily Injury and Property Ramage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 6. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A – Bodily Injury and Property Ramage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the ^^— Insurer will pay under Coverage C– Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 4034064756 Page 13 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. Gopyrighf GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION .A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 4034064756 Page 14 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured Name: BA,RCOM CONSTRUCTION, INC. copyright CRA All Rights Reserved. Includes copyrighted rnaWlal of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY .A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. — This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and(6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Policy No: 4€ 34064756 Page 15 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. copyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insureds ongoing operations;or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily Injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION —CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury,property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX(1-15) Policy No: 4034064756 Page 16 of 17 Endorsement No: I TRANSPORTATION INSURANCE COMPANY Effective Date: 09/1.2/2017 Insured]Name: BA,RCOM CONSTRUCTION, INC. Gopyright CRA All Rights Reserved. Includes copyrighted rnaWlel ut Insurance Services office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structuress. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(lxc): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated(wrap-up) insurances program. C. DEFINITIONS is amended to add the following definitions: Consolidated(wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX(1-15) Policy No: 4034064756 Page 17 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: SARCOM CONSTRUCTION, INC. copyright GNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. A63359 CNA CN(Ed.04/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing A. Who 1s An!neared duties related to the conduct of your business. 'Policy,' as used in this provision A. Who Is An The following is added to Section 11, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force;or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section 11, Paragraphs A.2. (2)and A.2. (4) are A.I. does not apply to any such entity revised as follows: that is an 'insured' under any other liability'policy"providing'auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000;and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Follow Employee The insurance afforded by this provision A.2.: Section 11,Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception 11. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hiding A Bird Or Animal — b. Does not apply to: Failing Objects Or Missiles (1) 'Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an 'accident" that A.3.: occurred before you acquired or With respect to any covered "auto,'any deductible formed the organization; or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner 'Insured' under any other liability acceptable to us, rather than replaced. 'policy' providing "auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section 111, Paragraph AA.a. is revised, with required by a written contract to name as an respect to transportation expense incurred by you, additional insured is an insured but only with to provide: -"-- respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20;subject to - 'insured' under Section II — Who Is An Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of$600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section 111, Paragraph AA.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, 4. An 'employee' of yours is an 'insured' while to provide: operating an 'auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04112) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section 111. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired"Autos" The following is added to Section 111, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the 'diminution in value' Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. .Any covered 'auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered 'auto" hired or rented by days or less, while performing duties your 'employee"without a driver, under a related to the conduct of your business, contract in that individual "employee's" and name, with your permission, while b. Any covered 'auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. 'employee'without a driver for a period of c. The most we will pay for any one 30 days or less, under a contract in that 'accident" or 'loss" is the actual cash individual employees name, with your value, cost of repair, cost of replacement permission, while performing duties or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value' loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the your owned"autos.' installation of substandard parts. e. Such physical damage coverage for hired d. The most[we will pay for "loss" to a 'autos'will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an 'accident" for (1) $5,000;or which the Named Insured is legally (2) 20%of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections 11 and III: provision will be subject to a limit of 1. Any 'auto" you don't own, hire or borrow is a $750 per'accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section 111, Paragraph 'executive officers,' except: B"3" a. An 'auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section 111, Paragraphs BA.c and BA.d. are servicing, repairing or parking"autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. 'auto" also applies to 'loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered 'auto"; and including its antennas and other accessories. CNA63359XX Copyright.CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Ctfice used with its permission. CNA63359XX (Ed.04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer' contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such 'executive officers" are 'Insureds' while 'accident"or'loss.- using a covered'auto"described in this provision. C. Concealment,Misrepresentation or f=raud IV. BUSINESS AUTO?CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your 'employees" may know of an such failure or omission is not intentional. 'accident' or 'loss.' This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph! such "accident' or "loss" is known to you B.S.: or it you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs S.a. insurance manager. and S.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your 'employees" may know of contract must have been entered into prior to documents received concerning a claim 'Accident" or'Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge, unless receipt of such documents is known to you or it you are Section IV, Paragraph B. 7.(6).(a). is revised to not an individual,to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.S. Transfer Of Rights Of Recovery Against "Bodily injury" means bodily injury, sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04112) Includes copyrighted material of the Insurance Services Office used with its permission. POLICY NUMBER INSURED NAME AND ADDRESS C 4034064790 BARCOM CONSTRUCTION, INC. 5826 BEAR LANE CORPUS CHRISTI, TX 78405 ... ... . ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... .. .... ... ... ... ... ... .. ... ... ... ... ... ... .... ... . ... ... . .. . .. .. .. ... .. .. .. .. .. .. .. .. .. .. . .. .. .. ... .. .. . .. .. . .. .. ... .. .. .. .. .. . .. .. .. ... .. .. .. .. .. . ... .. .. .. .. .. . .. .. ... .. . .. .. .. .. .. ... ... .... POLICY CHANGES CA2048 DESIGNATED INSURED BLANKET This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a Bart of your Policy and takes effect on, the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZA'T'ION FOR. WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. 4J4— Ghalrman CW4 the BDard 3ecrelary G-56015-B (ED. 11191) C�� Workers Compensation And Employers Liability Insurance Policy Endorsement 1022MCMMISENUMMEEM 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 0 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% 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: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another I effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B(06-2014) Policy No:WC 4 34064773 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 09/12/2017 Endorsement No: 8; Page: 1 of 1 Policy Page: 41 of 47 Underwriting Company: Valley Forge Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 c Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. C�� Workers Compensation And Employers Liability Insurance Policy Endorsement INMEMMUMMENEEMEM 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 cancelation 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: 10 Cancellation for Non-Payment of Premium 30 Cancellation other than Non-Payment of Premium 30 Notice of Non-Renewal 2. Notice will be mailed to: PER SCHEDULE ON FILE CANCELLATION NOTIFICATION TO THE ABOVE ENTITIES WILL NOT APPLY TO CANCELLATION FOR NON PAYMENT OF PREMIUM PER SCHEDULE ON FILE PER SCHEDULE ON FILE, XX 00000 All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 06 01 (01-1994) Policy No:WC 4 34064773 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 09/12/2017 Endorsement No: 12; Page: 1 of 1 Policy Page: 45 of 47 Underwriting Company: Valley Forge Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PROD UCTS/COMPLETECI OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice(other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE. CANCELLATION NOTICE WILL NOT BE SENT WHEN THE REASON IS FOR NONPAYMENT OF PREMIUM. Address: PER. SCHEDULE ON FILE CORPUS CHRISTI TX 78405 If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and _= expires concurrently with said Policy. CNA74702XX(1-15) Policy No: 4034064756 Page 1 of 1 Endorsement No: 24 TRANSPORTATION INSURANCE COMPANY Effective Cate: 09/12/2017 Insured Name: BARCOM CONSTRUCTION, INC. Gopyright GNA All Rights Reserved. POLICY NUMBER INSURED NAME AND ADDRESS C 4034064790 BARCOM CONSTRUCTION, INC. 5826 BEAR LANE CORPUS CHRISTI, TX 78405 ... ... . ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... .. .... ... ... ... ... ... .. ... ... ... ... ... ... .... ... . ... ... . .. . .. .. .. ... .. .. .. .. .. .. .. .. .. .. . .. .. .. ... .. .. . .. .. . .. .. ... .. .. .. .. .. . .. .. .. ... .. .. .. .. .. . ... .. .. .. .. .. . .. .. ... .. . .. .. .. .. .. ... ... .... POLICY CHANGES Notice of Cancellation This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a Bart of your Policy and takes effect on, the effective date of your Policy, unless another effective date is shown. Notice of Cancellation or Material Change Designated Person or Organization. The following Name(s) has (have) been added to: Form #: CNA72315XX-021.3 Title: Notice of Cancellation or Material Change Designated Person or Organization Number of days Notice: 30 Number of days for Non-payment of premium: 1.0 Number of days if the policy is cancelled for any other reason: 30 Name : PER SCHEDULE ON FILE 4J4_ Chairman W the BDard 3ecrelary G-56015-B (ED. 11191) NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES Named Insured Endorsement Number Sarcom Construction, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement IMC 121081838 006 09/12/2017 to 09/12/2018 Issued By(Name of Insurance Company) Westchester Fire Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium,we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives,will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule,we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Corpus Christi None Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469- 9277 ALL-32688 (01111) Page 1 oft HEB Grocery Company, LP None 5600 Business Park San Antonio, TX 78218 Name of Certificate Holder E-Mail Address Physical Address Most Reverend WM. Michael Mulvey, None P.O. Box 2620 S.T.L., D.D., Bishop of the Diocese of Corpus Christi, TX 78403 Corpus Christi, A Corporate Sole and His Successors in Office and the involved Parish and Catholic Charities/Healthy Lving and Advocacy Center Texas A&M Kingsville None 700 University Blvd., MSC 212 Kingsville, TX 78363 Texas Parks & Wildlife Department None 4200 Smith School Road Infrastructure Division Austin TX 78744 Wells Fargo Bank, N.A. None Attn:RERM Loan#1009390 MAC: N9303-110 P.O.Box514 Minneapolis, MN 55480-9899 Staples Center Retail Venture, LP; None c!o La Palmera Trademark Shops at La Palmera LP; 5488 S. Padre Island Drive, Trademark Property Company; Suite 2000 TSLP Genpar, LLC; Corpus Christi, TX 78411 IMI Staples Center LLC; Institutional Mall Investors LLC; Miller Capital Advisory, Inc.; California Public Employees Retirement System (CALPERS); MCA Mall Investors LLC; Trademark Management, Ltd. NIA All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32688 (01111) Page 2 of 2