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C2018-609 - 6/19/2018 - Approved
C2018-609 6/19/18 Res. 031451 Bridges Specialties 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 19,2018, is between the City of Corpus Christi (Owner) and Bridges Specialties,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: JC ELLIOTT LANDFILL SITE IMPROVEMENTS— PROJECT E17060 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 5. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Eli Pena, PE—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 • Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES • 3.01 Contract Times A. The Work is required to be substantially completed within 240 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 270 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 00 52 23-1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 SCANNED Rev06-22-2016 CONTRACT DOCUMENTS FOR CONSTRUCTION OF X ELLIOTT LANDFILL SITE IMPROVEMENTS PROJECT NUMBER: E17060 MEMMW mom= C I"ty of' F67- Co.rPUS . ... ..�..........�..RAMI. MUNO....III.. . , 100346CEN EN C h,r ii s t1i w re% qkn. �; 4 03/26/2018 M E MUNOZ ENGINEERING., LLC ,.- 1608 S. Brownlee Boulevard Corpus Christi, Texas 78404 MUNOZ ENGINEERING Office: (361) 946-4848 TBPE Firm No. F-12240 Record Drawing Number: SLF-136 March 26, 2018 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 JI„nvitation to Bid and nstr uctions tee Bidder (Rev 01-13-2016) .................................................................................................................................................................................................................................................... 00 30 00 .i..d.... :c..I.<ng±d.pd.. .m.p..!!.1...IE2.!::M(Rev 01-13-2016) 00 30 01 B. i d (Rev 01-13-2016)(Excel) 00 30 02 �epi..r]I..l.!..a..I"!.�:.�"....�o....:St�t.�".....�a ....o.!"!.....IlNe�i�r.!::�”.:`�.!..r�ent,.... .!..d.d.�"!:s 00 30 05 Disclosure of ntrret(Revo1-13-2016) 00 30 06 INe�n CoI..!�usieon Cei�tificaIJo ....................................................................................................................................................................... 004516 t„ tr!rnr„irtef ) r„!:fr„!rcr„(Rev 06-22-2016) 00 52 23 !4.gI;C„C„I;YGC„Ilt (Rev 06-22-2016) 00 61 13 ei,,.fed„!,i,rnance I ern (Rev 01-13-2016) 006116i,rnr in eir+„(Rev 01-13-2016) 00 72 00 lu.enei, „I C o„nd..itle it„S (Rev3-23-2015)(PDF) 00 72 01 II"sI,,...n e R„ g.0 r rn.e."Yt5 (Rev06-22-2016) 00 72 02 /. ..g. .....LIP. .....II.:. ..... .!jj.!...0 rn. nts (Rev 06-12-2015) 00 72 03 I ..i n...2.!ri.t:. ... ....I . .. .... .... . .. ....Ili. ..l::t!. .!..I. .t:.!.0..!!.....II:�.01!1C (Rev o1-13-2016) 00 73 00 S.!�..l .l .l.. .!: p:. .!!.t, ..!:: .... r !r.! .!.t:!.. ..!!.. Division 01 General Requirements 01 11 00 SurnYalJ� (Rev 01-13-2016) 01 23 10 A. 11ei�nates and A..!Io �nnce ..................................................................................................................................................................... 01 29 00 .1 .1 .l..!.:: .t.!.. .! .... ..!::....:. .. !rnr!rt,....11:.1:: .c. .! .L.!:: :.(Rev 03-11-2015) 01 29 01 .M..e.a.:.s..u.!::e.!:.p:.e.nt:....a.!"!.d.....I .a.:.s.!.:.s....foi::....11:�a irnr„irt (Rev o1-13-2016) 013100 g ri..e.............t....a..............d..........C......o.......o.........r..d.......i........a......t.i..o.........n (Rev o1 13 2016) 01 31 13 JI:.!:: .u..r t �22.1::!�.!..nat:.!.o..n 013114 C Ir a!! rr !rnent, 01 33 00 Doc.!..!:rti:. ..!!.t:...I .a..�:I. .. . ..!: p:. ..!!.t: 01 33 01 S�u_br1iittaI �egistr�„!, (Rev 7/3/2014)(Excel) 01 33 02 S.I::1.o.1 ..... .!:: . ..I..1:1.. . 01 33 03 f eceoi,.rd I2ntn ............................................................................ 013304 Cofirst.!::..0ct!.o..1"!.....P:.!:: . .!::. ......:.... c.:.l:!. . ..!..I.. . 01 33 05 t/.!..d..�".o.....a.!"!..d.....Ifs,l;:!.ot:.o. .!::�..I�.I:�.!.�.....Doc::L!..i,rnentation 01 35 00 S.1 .p”.�!..a........II:�.roc.�"!�.L1::�":`�. Table of Contents 000100- 1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 06-22-2016 Table ofContents 000100-2 Division/ Title Section 026416 Fire Hydrants 027200 Control of Wastewater Flows 027202 Manholes 027203 Vacuum Testing of Wastewater Manhole and Structures 027205 Fiberglass Manholes 027602 Gravity Wastewater Lines 027604 Disposal of Waste from Wastewater Cleaning Operations 027606 Wastewater Service Lines 028020 Seeding Division 03 Concrete 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 113100 Fiberglass Reinforced Plastic Wet Well Appendix Title 1 Geotechnical Report Table of Contents 000100-3 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 06-22-2016 THIS PAGE INTENTIONALLY LEFT BLANK END OF SECTION Table of Contents 000100-4 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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: Name of Proiect: JC ELLIOTT LANDFILL SITE IMPROVEMENTS Owner's Project Identification No.: E17060 A. This project consists of the following, but not limited to, site improvements consisting of demolition of pavement and wastewater utilities, the installation of pavement, wastewater utilities, wastewater lift station, water utility, storm utility, and appurtenances. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $460,595.42. The Project is to be substantially complete and ready for operation within 240 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on May 9,2018 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 Invitation to Bid and Instructions to Bidders 002113-1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -JC ELLIOTT SITE IMPROVEMENTS—PROJECT E17060 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 PM on May 9,2018, at the following location: City Hall Building—City of Corpus Christi Third Floor Parks and Recreation Department, Engineering Services 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. ARTICLE 4—PRE-BID CONFERENCE 4.01 A pre-bid conference is not required for this Project. 4.02 A non-mandatory pre-bid conference for the Project will be held 2:00 PM on April 25,2018 at the following location: City Hall Building—City of Corpus Christi—Engineering Services Smart Board Conference Room 3rd floor, Parks and Recreation Annex 1201 Leopard Street, Corpus Christi,Texas 78401 A site visit meeting will occur immediately after the pre-bid conference if requested by those in attendance at the pre-bid conference. Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-2 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 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. Invitation to Bid and Instructions to Bidders 002113-3 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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. 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 Invitation to Bid and Instructions to Bidders 002113-4 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 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 Invitation to Bid and Instructions to Bidders 002113-S JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 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%. Invitation to Bid and Instructions to Bidders 002113-6 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 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 LOBBYINGIn 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. Invitation to Bid and Instructions to Bidders 002113-7 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 httpsW. 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. 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. Invitation to Bid and Instructions to Bidders 002113-8 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 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 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. Invitation to Bid and Instructions to Bidders 002113-9 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 01-13-2016 THIS PAGE INTENTIONALLY LEFT BLANK END OF SECTION Invitation to Bid and Instructions to Bidders 002113-10 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 X Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation >3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment E Required ❑ Not Required Insurance Requirements 007201-1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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-S JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 06-22-2016 00 O OO BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Spe and Contract Documents,this Bid Proposal is submitted by 8P 1(16(?),�061 ia fli 0-� .T.10 c (type or print name of company) on: 2.0(YPM on May 9,2018 for JC ELLIOTT LANDFILL SITE IMPROVEMENTS— PROJECT E17060. 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.corn. 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 -JC ELLIOTT LANDFILL SITE IMPROVEMENTS— PROJECT E17060 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. 104 Bidder acknowledges receipt of the following Addenda: Addendum No, Addendum Date Signature Acknowleclgip�Receipt )"11 # Bid Acknowledgement Form 003000-1 JC ELLIOTT LANDFILLSITE IMPROVEMENTS—PROJECT E17060 Rcv 01-13-2016 body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: 1 y-� Bidder: gin(je� ec - / 1 es •k�11 G (type or printed full legal name of Bidder) By: C✓�--- (individual's signature) Name: 3Q�On 6:o r o f 1 (typed or printed) Title: ( eG n er or printed) Attest: �ffkn� A ,,U 'Ndividu#signature) State of Residency: ( CXQ Federal Tax Id. No. a o- o&063 Address for giving notices: 1-/C? 3 3 r (p o� Phone: '�" S7 o�`7L� Email: QSD!'1 PS r°Gl S1 C,60 (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.) Bid Acknowledgement Form 003000-S JC ELLIOTT LANDFILL SITE IMPROVEMENTS-PROJECT E17060 Rev 01-13-2016 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: `d e—s 0 e 6 wJ P S Tn c (typed or printed) By: � J��... (signature--attach evidence of authority to sign) Name: 01460/1 U 0 rct o 1 (typed or printed) Title: }� 6eJ6 agae _ Business address: 'd e-S E'G e.% J-1'l c -! R3 I) W 3 SQ Phone: 3�1-13- QV y,3 Email: 61"1 fl �' t'Gt �Sll7 _CU/1'J Compliance to State Law on Nonresident Bidders 00 30 02-1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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: �`l()���5 S�e C Q j I(es 'Irl/l c — STREET P.O. BOX: /U1� ADDRESS CITY: Rohdwn STATE: ix ZIP: )f�,90 FIRM IS: 1. Corporation 2. Partnership e 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/J /J► 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 /Ai 1A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name 1 1 Jr Board,Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name N JA Consultant City of Corpus Christi 00 30 05— 1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: M(I f)dV J�e 'l f Title: S-(—If [Y)Clr)qqe(-(T)pe or Print) Signature of Certifying Person: A4 Date: �s DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005- 1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev t 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: JC ELLIOTT LANDFILL SITE IMPROVEMENTS PROJECT E17060 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: Mdon 'sixCialfie-S ,L� c (typed or printed) By: `-�/ r, (signature--lattach evidence of authority to sign) Name: L)l( �y� &orc�(r (typed or printed) Title: r eG �n C of Business address: _S e X1) 33 F—ROWo w -/�?3SO ,I Phone: 3�0 ^ 7 Q7y Email: CV) [� eS e�d 1 Tl s iAc-zlom Non-Collusion Certification 00 30 06-1 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 11-25-2013 00 30 01 BID FORM Project Name: JC Elliott Site Improvements Project Number: E17060 Owner: iCity of Corpus Christi Bidder. BIE1 OAR- 1 Designer: Munoz Engineering, LLC. Basis, of B'id ESTIMATED EXTENDED XT' Item DESCRIPTION UNIT QUANTITY UNITPRICE fAMOUNT Base Bid PartA-General (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (5% Max,) LS 1 A2 Bonds and insurance LS 1 A3 Construction Permits LS 1 '!7-.'-J5b0 -Do A4 Storm Water Pollution Prevention LS 1 A5 ITraffic Control LS 1 :22- 15-*b 0— C>O A6 lOzone Action Day DAY 6 4 ' goo -oo ISUBTOTAL PART A-GENERAL(items Al thru A6) az. co-do Part B-SITE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 131 Demolition - Existing Lift Station SF 1 6�60 cu B2 D(N-noRi0u1 SF 115 r'og> B3 DemoRion - Existing Asphalt Pavement SF 3690 B4 Dernokion- Exrsting Li ln(,'stane Il)avernien. SI' 8 5.15 . 30 B5 Propc)seJ - T�•"mporay Drive I'S 1 J57 n,e)o s:� 0)6r->-,C,, 0 B6 Proposed - Relocate Existing Shed [A 3 On.04!� B 7 Proposed - Asphalt Pavement SF 3400 H Proposed-Asphalt Pavement Repair SF 140 C>0 'I no-co B9 Proposed -Concrete Pavement- 8" SF 340 B1() Proposed -6" Monolithic Curb and Gutter LF 43 -oo t 60 11'1:1. Proposed-Concrete Vehicle Stops EA 11 -7+ " ?- 00 111.2 Proposed -Trench Drain LF 15 (o-70 -02 B13 l Proposed-Steel Casing- 6" LF 50 96-00 4'. B14 Proposed - Cor�duk.5leeves - 2-1/2" LF 60 :50-00 001- co 1115, Proposed - Drainage Siwale LF 250 B.]6 Proposed - Concrete Drainage Swale SF 1..750 00 B17 Proposed -Concrete Headwall #1 EA 1 . 500 4 ' gm.60 1=.11.8 Proposed - Concrete Headwall #2 EA 1 AS7.0012 B 19 Proposed - Building Pad Excavation CY 2332 - B20 IProposed- Building Pad Select Fill CY 2280 6'0 00 1,21 Proposed -Striping LF 150 7A-7. T B-STREET IMPROVEMENTS(items 131 thru D21r) Bid Form Page I of 2 JC ELLIOTT SITE IMPROVEMENTS-PROJECT E17060 Re v 01 13-2016 ,J,O 30 01 BID FORM Item DESCRIPTIONDESCRIPTIONUNIT ESTIMATED UNIT PRICE ', EXTENDED QUANTITY AMOUNT Part C-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Water Utility-Service Connection -2" PVC LF 150 , C2 Water Utility-2" PVC Fittings EA 3 C3 Water Utility-6" x 2" IDI Tee EA 1 C4 Water Utility Fitting- 2" 45° Bend EA 2 C5 Water Utility Fitting- 2" 90" Bend EA 1 d � C6 Water Utility Fitting- 2" 22.5° Bend EA 2 w .. C7 Water Utility-Water Meter and Appurtenances EA 1y; m . C8 Water Utility-Tie-to Existing EA 1 C9 Water U'tili'ty- Fire Hydrant Assembly EA 1 . C10 Water Utility- Fence Remove and Replace LF 10 ,w SUBTOTAL PART C-WATER IMPROVEMENTS(Cl THRU C10) Part D-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Wastewaters Utility 0900 4" PVC LF 235 D2 !Wastewater Utility Trench Safety LF 235 " D3 !Wastewater Utility End Plug-4':' EA 1 ^" D4 !Wastewater Utility Cleanout-4" EA 4 � D.5 Wastewater Utility Fitting-4"45° Bend EA 2 D6 Wastewater Utility Steel Casing-8" LF 25 CX5 D7 Wastewater Utility Service to Existing Building EA 1 , D8 Wastewater Utility Tie-in for Bypass EA 1 ° D9 Wastewater Lift Station and Appurtenances LS 1 „ SUBTOTAL PART D-WASTEWATER IMPROVEMENTS(D1 THIRU DS) Part E-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) E1 Allowance A- Unanticipated Work 1 LS 15,jo Io w ! SUBTOTAL PART E-ALLOWANCES (El THRU El) BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A6) SUBTOTAL PART B -STREET IMPROVEMENTS(Items B1 thrU B21) 64o,,) SUBTOTAL PART C-WATER IMPROVEMENTS (Cl THRU C10) SUBTOTAL PART D -WASTEWATER IMPROVEMENTS(D1 THRU D9) SUBTOTAL PART E ALLOWANCES (E1 THRU EIA TOTAL PROJECT BASE BICE(PARTS A THRU E) Contract Times Bidder agrees to reach Substantial Completion in 240 jdays Bidder agrees to reach Final Completion in 1 270 Idays Bid Form A 9D E ND Ul M I A i.'"FA(",tl iiw+ii-.0°JT3 Page 2 of 2 JC ELUOTI'SITE IMPROVEMENTS- PROJECT E17060 PAG[,,,,",' 12 OF' 24 Rev 01,-13-2r,16 10 Bid Bond SURETY DEPARTMENT Conforms with the American institute of Architects, AA.A Documents No. A-310 KNOW ALL MEN BY THESE PR E,'SENTS, That we, Brift!es Specialties, Inc. as Principal hereinafter called the Principal, and US. Specialty Insurance Company a corporation created and existing under the laws ofthe State of TX whose principal office is in Houston,TX as Surety, hereinafter called the Surety, are held and firmly b0lind unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sure of Five Percent of the Greatest Amount Bid Dollars ($5% GAB) I'm the payment ot'which stun, Nvell and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, adininistrators,SUCCeSSOrs and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for JC Elliott Landfill Site Improvements NOW, -ri I EREFORE, if the Obligee shall accept the bid ofthe Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms ol'such bid, and IJVC such bond or bonds as may be specified in the bidding or contract d0CLJr11C11tS With gpod and sufficient surety for the fbithful performance ol'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 fior which the M Obligee may in good faith contract with another party to perfi)rni the Z� wvork covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect, Signed and sealed this 9th day of` 64 2018 Bridges Specklities, [tic. r" . ;c i�2 alI ) By (SEAL) U.S. Specialty Insurance Company (Surety) F ByAl rrr.. i i _ * F_ //I:r�/j. ,r.. POW EIR OF ATTORNEY APW EIZIC."A'N C'ON'I'II,AC'I'C,IZS INI)(,,', tNl'I'Y'COMPANY TEXAS BON DING COM PACVY C1NI'I'E y STA"I'h.S SUitt,`I'Y C OMIaANY U.S. PEC'IAI;FV 1CNSURA,tNCE CO NIPANI" KNOW ALL. MEN BY TI-1113SE PRES[w,:NJ'S: That American Contractors Indemnity Company, ttCalifornia corporation, Texas Branding Company, an asstarned narne of Anicrican Contractors Indemnity Company, United States Surety Company, a lel atyland corporation and U.S. Specialty Instar°ance Company, a"Texas corporation (collectively, the"Companies"), do by these Presents rntatke, constitute and appoint: Jolinny Moss,"lay,Jordan,"lofty h"ierro,Jeremy Barnett,.rade Porter,MistieBeek, Robert G Kanuth or.laarrett Willson of Rockwall,Texas its trite and lawful nonaey(s)-in-fact, each in their separate capacity if more than one is named above,with full Power and authority hereby conferred in its name,place and stead,to execute, acknowledge:and deliver any and all bonds, ret ognirances, undertakings or other instruments or contracts of suretyship to include riders, anaendinents, and consents of surety, providing, the bond penalty dot's not exceed ��������e��a����r���a°1"cn i~tlillitan*������� �����a�� ��� Dollars (S**10,000,000.00* This Power of Attotney shall expire without further action oat November T3, 019, This Power of Attorney is granted 'under and by authority of the following resolutions adopted by the Boards of Directors of the C.'ouipatnia-s: Be it Resolved, that the President,any Vice-President,any A.stiistaant Vice-President,rany Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or ante sunanhle persons its Attorney:„)-irr-Fact to represent and act fano°,aid on behalf ol'the Company subject to the following provisions: ,affidlraa'rrey-iia-h"eic•t may be given fall Power and authority frac and in the naanrc of and aril behah'of the Comparry,to execute,acknowledge and deliver,any and all bands, — rec-og,�ini7,ances, contracts, agrecurents or indernnity and other Conditions] or obligatory undetvakin s, including any and all consents for the releme ofretaiiied percentages andlor final cs6ttrates on engineering and construction contracts,and any kind all notices and documents,caanceling,or retonnaning tike Cornpany's liability theresundrr,and any stach instt'aanrcrats so executed by any.such i'etorracyia�a-laaaet shall be binding upon,the C onrgaany as,if'signed by the President and seaalcd and effected by the Corporate Secretary, Be it Resolved, that the signaurre of any aothorized officer and scaal of tyre corngtany hercroAarea or hereafter affixed to any flower of atnrrney or any certificate relating thereto by fiwsimile,andany power e-f aattorney or oerfifaa.ate hearing,tiacsi ile;aignartur e or facas'inriles seal shall be valid and binding upon the Company avieh respect tic)ally bund or urideuamking,to which it is aattacliekL IN 1 I"I"NESS WHEREOF,EOF,The Companies have caused this instrument to lie sigaacd and their corporate seals to be hereto affixed,this I st day of November,,2016. ,804ERIC;AN CONTRACTORS ORS IN9tENINITY COMPANY I'EXAs BONDING COMPANY Corporate Seats UNITED SI A'I ES Sl.fltl l"t Ct.atalPANV 1.1.S.,�ilt.'C[At.'I'NI 1NSUIRANC'Ir.Ct MI'ANY aF y YatiM 4W^" (f Pa 1ra X hfl � � r,�T �Ilresi r,SW i a 4 ' rV 'a t y:�, „r µ c�, unix M l00"� e ...aa..�r an u.r a. t .v .w Jalarniael l'»Agtailar, �'lns a¢iaaTercVea"a..k fn Ettary publics car other officer completing this t ertilicrue verities only Ilse identify of the individual who signed the ment to which this certificate is attached,and not lire truthfulness,aaccuraney,or walidit� of that dactantent. State of California County of Los Angeles tis; On this I st day of November,2016, before too,Sabina Morgensteirn,a notary public, personally appeared Daniel Y.Aguilar,Vice president o1"American Contractors Indeannity C ornpany,'Texas Bonding Company,United States Surely Company and U.S.Specialty Insurance Company who proved to nuc on the basis of satisfactory cwideace to be the person whose name is subscribed to the within instrument aand acknowledged to the that tnc executed the sarne in his authorized capacity,and that by his signature oil the instrument the per:;orn,or the crnity inion behaall'ol`w^hich the person acted,executed the instrument. I certify funder MiNALTY(.Ile 14E RJt,1RY under the haws of line State of California that the foregoing;paragraph is true:and correct. WITNESS m ]land and officialscal . . h . __agh SAMNA ht ' > Commission# 212925 Signatures :x..."._ ._ _._._ (Seal) . . r Notary Public-California Las Angeles County My Comm,Explres Noir 3,2019 1,1Cio Lo,Assistant S crelaary+of American Contractors Indemnify Company,Texas Dornahng Company,United States Surety Company and i"J.S. Specialty Insurance Company,cto hereby certil"y that tyre above and foregoing is it true and correct copy of a;Clower of Attorney,executed by said C"cannpaanics„which is stili in full Force and effect„ Porthernnore„the resolutions of the Boards ot'Dirr:ctors,set out in the Power orAftorncy are in full force and erfect. In Witness hereof, t have heretinto set In hand tall affixed the seaLs of"said Companies at Los Angeles,California y II w ¢a of Corporate Scsls , p+ 0uova 1 '"�'y ., a ✓a " lira Lo,AsSIMw'.3fllt e"r"t"L`'teary' ,b"" ...,._ tam p, ..�„ ✓ ,�q. k 6 '% a,.. e , �y o,a�nr"reap s I�M1S�G � Il.94 fYYtip ,bt Bond No. , .� a � s Agency o» M,. i,iwasya aiau,,a re arae rw ..w -- aory a Aauairraa" rrarurmuvea ,, ,,,,`Ui11t 4111 JlllJrJ/,,r+ SIN .... isj.�"• •'. 111 ) `• ,JJJ1j Iiflt11t1P�� Kant Kopy'K7 I Kant Kopy,Ki Security Paper Security Paper Hidden Pantograph i - Hidden Pantograph I • Color Match Color Match I • Artificial Watermark Artificial Watermark i Anti-Copy,Coin Rub ' • Anti-Copy Coin Rub • Erasure Protection i Erasure Protection • Security Features Box I } • Security Features Box • Microprlm Protection Micreprint Protection j 1 Acid Free i Acid Free Kant Kopy Kt I Kan't Kopy K1 Security Paper tt I Security Paper • Hidden Pantograph I Hidden Pantograph • Color Match ! • Color Match Adigcial Watermark • Artificial Watermark i Anti.Copy Coin Rub I Anti-Copy Coin Rub i Erasure Protection Erasure Protection • Security Features Box ' Security Foaturos Box • MicraprimProtection • Mtcroprint Protection • Aold Free I Acid Freet U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1 A) Consumer Protection(I I 1-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No.(512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtectionatdi.texas.gov E-mail: ConsumerProtection(a?tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCUTWO0081I0 002113 INVITATION TQBID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TE�RrWS CITY SEC,R M offlic LVE��� I.01 Terms used in this Invitation to Bid and |nstructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City ofCorpus Christi,Texas(Ow/mer) isrequesting Bids for the construction ofthe following Project: Name of Project: JC ELLIOTT LANDFILL SITE IMPROVEMENTS Owner's Project Identification No.: E170160 A. This project consists of the following, but not limited to, site improvements consisting of demolition of pavement and wastewater utilities, the installation of pavement, wastewater utilities, wastewater lift station,water utility, storm utility, and appurtenances. 2.02 The Engineer's Opinion mfProbable Construction Cost for the Project is . The Project is to be substantially complete and ready for operation within 240 days. The Project is to8ecomplete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can befound at the following website� 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 tosubmitting aBid for the Project, ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must bereceived umlater than 20 to be accepted. Bids received after this time will not beaccepted. |tisthe sole responsibility mfthe Bidder todeliver the Bid, electronic orhard copy, by the specified deadline. 5.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified inthe Bid Acknowledgement Form. 3.03 Electronic Bids may besubmitted tothe [|v[astwebsite at i 3.04 |fsubmitting ahard copy bid orbid security bycashier's check ormoney order, please address envelopes urpackages: City nfCorpus Christi City Secretary's Office City Hall Building, 1st Floor Invitation to Bid and Instructions to Bidders 002113- 1 JCELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT 2%7Q6O Rev 01-13-2016, 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 19,2018, is between the City of Corpus Christi (Owner) and Bridges Specialties, 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: JC ELLIOTT LANDFILL SITE IMPROVEMENTS— PROJECT E17060 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Eli Pena, PE—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 240 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 270 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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$500.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 394,545.05 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 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 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI "'bily signed by Rehecca Hueda Jeff Edmonds Digitally signed by Jeff Edmonds Rebecca H u e rta o °° ehee�Huerta--of Carpus Ch— °-°`"180629 831'1`-0500"@"'°.aaee s Date:2018.06.28 16:14:43-05'00' Date:2918.9fi.29 98.31 15-95'99' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of EngineeringServices Res. 031451 AUTHORIZED APPROVED AS TO LEGAL FORM: 06/19/201 8 BY COUNCIL 2018.06.28 15:27:32 R H/T P DNita y Signed by RH TP :cn RH/TP o C'ty of Corpus Chr'st,ouxity Secretary, /f -05'00' Datebee 018.g2908,2134- c DS Date:2018.06.29 08:23:34-05-00- Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR DigitMandy Kelley Mandy Kelley Dateal 01ly 18.0626gned y10:34:35-05'00' Bridges Specialties, Inc. Brian Bridges Digitally signed by Brian Bridges (Seal Below) By: g Date:2018.06.2610:36:57-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4233 FM 624 Financial Officer Address Robstown, TX 78380 City State Zip 361/387-2743 361-387-1769 Phone Fax jasong@bridgesspecialtiesinc.com Entail END OF SECTION Agreement 005223-6 JC ELLIOTT LANDFILL SITE IMPROVEMENTS—PROJECT E17060 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. 1001121280 Contractor as Principal Surety Name: Bridges Specialties,Inc. Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4233 FM 624 13403 Northwest Freeway Robstown,TX 78380 Houston,TX 77040 Physical address(principal place of business): Owner 13403 Northwest Freeway Name: City of Corpus Christi,Texas Houston,TX 77040 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 713-462-1000 J.C.Elliott Landfill Site Improvements Proiect No. E17060 Telephone(for notice of claim):1-800-486-6695 Local Agent for Surety Name: Robert G. Kanuth Award Date of the Contract: June 19,2018 Address: 1814 Holly Rd.Ste B Contract Price: $394,545.05 Corpus Christi,TX 78417 Telephone: 972-772-7220 Bond Email Address: rkanuth@kandsins.com Date of Bond: June 26,2018 The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award©ate from the Texas Dept. of Insurance by calling the of the Contract) following tali free number.1-800 252-3439 Performance Bond 00 61 13-1 E17060 JC Elliott Landfill Site Improvements 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that If the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as If it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Bridges Specialties,Inc. Surety U.S.Specialty Insurance Company Signature: cskC � Signature: Name: �r j( f� (�{ ,3 Name: Robert G. Kanuth Title: pre's Title: Attorney-in-Fact Email Address: rkanuth@kandsins.com Email Address:br im (OfA (Attach Power of Attorney and place surety Sed[*10-kk�;; '} f END OF SECTION Performance Bond 006113-2 E17060 JC Elliott Landfill Site Improvements 7-8-2014 YWI ti�+ rr•J ..__•�vj. Irk, ,.. .. - i ,.r `� ti U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S.Figueroa Street, Suite 700 801 S. Figueroa Street,Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(1 l l-IA) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No.(512)490-1007 Web:http://www.tdi.texas.gov Web:http://www.tdi.state.tx.us E-mail:ConsumerProtection(a.tdi.texas.gov E-mail:ConsumerProtectionna tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first.If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. KCSTXMo068110 POWER OF A11TORNEY ANIEIZICANCON'I'IIAC'I'ORSINDEMNII'YCONIPANY TEXAS BONDING COMPANY UNITED STATESSURETY COMPANY U.S.SPECIALTY I NSIJ RANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed naniL of Arnerican Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Conipany,a Texas corporation(collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Aloss,Jay Jordan,'Irony Fierro,Jerenry Barnett,Jade 11orter,Mistic Beek, Robert G.Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attorneys)-in-fact, each in their separate capacity if rnore than one is matted above,with full power and authority hereby conferred in its name, place and stead, to execute,acknowledge and deliver any and all bonds,recognizances,undertakings, or other instruments or contracts of suretyship to include riders, amendments, noill consents of surety, providing the and penalty does not exceed Dollars ($ This Power of Attorney shall expire without further action on,November 3,2019. This flower Tt Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Cornpanics: Be it Resolved, that the President,any vice-president,any Assistant Vice_p1resident,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to airroint any one or more,suitable persons as Attorney(s)-iii-Vact to represent and act t6r and on behalf of the Company subject to the following provisions: Atortiq4ti-Fact may be given full power and tunhority tier and in the name of and on behalf ol-the Company,to exceute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release ofretained peTcernages and/or Final estimates on engineering and,construction contracts,and any and all notices and doctinients canceling ortern firiaiing thcCompany's liability thereunder,and any suede instruments so executed byany such Attorney-in-fact shall he binding upon the Company as it'signed by the president and seabed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and sea]of tire Company heretofore or hereafter affixed to any power ofiniorney r"-any certificate relating thereto by facsimile,and any power ofattorney or certificate hearing facsimile signature or facsimile sea]Miall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of Novernber,2016. ANILRICANCON"rltA(,"l'ORSINDENINI'l"YCO,MPANY 'TEXAS BONDING CONIPANY Corporate Seals UNITFDSTATESSURE TYCOMPANY U.S.SPEC IALTY I NSU RANC1,;CO N1 PAN Y wp ,,",OCTC�A', ,, 0" 0. ..... rue 0 ......... By: 4 Daniel P.Aguilar:,;Vicc�Ilresi ent ...........o' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the doCUMcra to which(]its certificate is attached,and not the truthfulness,accuracy,or validity of drat document. State ofCaliforma, County of Los Angeles SS: On this Ist day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P'.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Sanely Company and U,S.Spcciahy Insurance Company who proved to me on. the basis of satisfactory evidericc to be the person whose nanic is-subscribed to the within insti-LITTICia anti acknowledged to me that lie executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument - I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing para&,raph is true and correct. WITNESS my hand.and official scal. SABINA MORGENSTEIN Commission#212,9258 Signature (Seal Notary Public-California Los Angeles County My Comm,Exiolfes Nov 3,.2019 1,Kin Lo,Assistant Secretary orAtnerican Contractors Indeninity Coniparryjexas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certil' that tire above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in lull force and effect;furthermore,the resolutions of lite Boards of Directors,set out in tile Power ofAttorney are in full force and effect. In Witness Whereof,I have hereunto set iny hand and affixed the seats of said Companies at Los Angeles,California of Corporate Seals ........... .......... 0 A SMfanny Bond No. Kio Lo, As 120— T 17042 Agency No. \,`,\`i\1111 lfi(t rrrrr., �'l11f 711 lilli ltlV A�AA� - Kant Kew KI I I Kent Kept'•Kt ' Security Paper Security paper • Hidden Pantograph I Hidden Pantograph • Coto r Match Color Match • Artificial WatermarkI Artificial Watarm uk Anti-Copy+ Anti-Copy Coin Rub i Anti-Copy Coin Rub + Erasure Protection I Erasure Protection 1 • Security Features Bax I Security Features Box 1 + Microprint Protection • Microprfnt Protection y� Ac d Free • Acid Free I � I Kan't Kopy-Kt Kantt Kopy'Ki Security Paper Security Paper f Hidden Pantograph i Hidden Pantograph • Color Match Color Match • Artificial Watermark + Artificial Watermark Ant l•Capy Coin Rub Anti-Copy Coin Rub • Erasure Protection Erasure Protection • SecurityFeatures Box Security Features Box Micrapriin Protection Microprint Protaction • Acid Free Acid Free ' t r '• 006116 PAYMENT BOND BOND NO. 1001121280 Contractor as Principal Surety Name: Bridaes Specialties,Inc. Name: U.S.Specialty Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4233 FM 624 13403 Northwest Freeway Robstown,TX 78380 Houston,TX 77040 Physical address(principal place of business): Owner 13403 Northwest Freeway Name: City of Corpus Christi,Texas Houston,TX 77040 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 713-462-1000 J.C.Elliott Landfill Site Improvements Proiect No. E17060 Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Robert G. Kanuth Award Date of the Contract: June 19,2018 Address:1814 Holly Rd.Ste B Contract Price: $394,545.05 Corpus Christi,TX 78417 Bond Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com Date of Bond: June 26 2018 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00 61 16-1 E17060 X Elliott Landfill Site Improvements 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall He exclusively in Nueces County, Texas for any legal action. Contractor as Principal grid s SpecItie , Inc. Surety U.S.specialty Insurance Company Signature: Signatre�_ _ � _ Name: ' A nidaes Name: Robert G. Kanuth Title: PritscdeA- Title: Attorney-in-Fact Email Address:brt(mWbriCkles Cc4aljjtt tsi x, Email Address: rkanuth[alkandsins_rnm C OM (Attach Power of Attorney and place surety seol,belor ,. .i� END OF SECTION Payment Bond Form 006116-2 E17060 JC Elliott landfill Site Improvements 7-8-2014 { i i .._ _..:' '.�': {[. . .__ ` •�. .; � __ tat _. T. , I.T.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para information o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la comparlia: 801 S. Figueroa Street,Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(I 1 I-IA) Consumer Protection(111-1A) F.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web:http://www.tdi.texas.gov Web:http://www.tdi.state.tx.us E-mail:ConsumerProtectionC7a tdi.texas.aov E-mail:ConsumerProtection tOtdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. 11CCSTWO068110 POWER OF ATTORNEY ANIERI(,',ANCON't'RACTOItSINDEMNI'I-YCOMI:IANY TEXAS BONDINGCOMPANY UNI'I"EI)S'FA'I'ESSURE'rYCOMPANY U.S.SPI�,(',]Al,'I'I'tNSU%%NCECOTNIPANN' KNOW ALL MEN' BY THESE PRESENTS: That American Contractors Indemnity Company, it California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S, Specialty Insurance Company, a Texas corporation(collectively, the"Companies"), do by these presents make, constitute and appoint., Johnny Moss,tilaay Jordan,Tony Fierro,Jererny Harnett,Jade Porter,Mistie Beek, Robert G.Kanuth or Jarrett Willson ofRockwall,Texas its true and lawful Attorneys)-in-fact,each in their separate capacity if more than one is named above, with fill[power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Dollars ($ **10,000,000.00* . This power of Attorney shall expire without further action on November 3,201 9. This Power of Attorney is granted tinder and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it 1?esolved, that the President,any vice-president,any Assistant Vice-President,any Secretary or ally Assistant Secretary shall be and is, hereby vested with full power and authority to appoint any one or more suitable persons as Altorney(s)-in-Fact to represent arid act for and on behatfofthe Company subject to the following provisions:: Ain,)rney-in-fi'acl may be given fall power and authority for and in the name of and on behalf of the Company,to executc,acknowledge and deliver,ally and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory underijkings, including any and all consents for the release of'retained percvlaages and/or finat estimates on engincering and construction contracts, and any an(] all notices and docruncius canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved,than 11w signaturc of any authorized officer and sea]of the Company herctoforc or hereafter affixed to any power ofintorney kit any certificate relating thereto by fresimile,and any power of attorney or certificate bearing facsimile signaturc or facsimile sea]shall be validand binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of November,2016. AMF',RlCAN CONTRACTORS INDEMNITY COMPANY TEAAs BONDING COMPANY Corporate Seals UNITED S,rATES SURETY COMPANY U.S.SPEkIALTV INSURANCE COMPANY W-P...... ........W Or 11IIIY 1WM1W U z! aiay W By: S-, 20 Daniel P.Ag sapp,Z5,19"� - udlar,Vice�Presi eni 1V 'j A,:ncitary public or other officer completing this certificate verifies only the identity of the individual who signed the docurnent tor which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this I st day of November,2016, before use,Sabina Morgciistein,a notary public, personally appeared Daniel P,Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Cornpany,United States Surety Company arid U.S,Specialty Insurance ("ornpany who proved to mase on the basis of satisfactory evidence to be die.person whose name is subscribed to the within instrument and acknowledged to rue that tic executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PEWURY tinder the laws of tire State of Califortlia that the lbregoing paragraph is true and correct. WITNESS my hand and official sea], A SABINA MORGENSTEIN Commission# 212925a Signature (Seal') Notary Public-Californta Los,Angeles County My Comm.Expires N�ow 3,2016 1,Kio Lin,Assistant Secretary of American Contractors Inderrinity Company,Texas Bonding Company,United States Surety Company and U.S, Specialty Insurance Company,do hereby certify that the above arid foregoing is as true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,time resolutions of the Boards of Directors,set out in the Power ofAttomey are in full force and effect. Ili Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,Califorda tbis of Corporate Seals 0,00mun 0 0 "Y" Kin Lo, B o d N o. AgenncASsisSaa"'t e ,wary y No. 17042 r�eAla4aw"ww sr 0.7"rp" v L i ct tg c C m C a a �m � CL roE Q Q `u ro �� 7 D yc`o `�tmciQ �a I 1e� c� mU e�4` t I LL � o �a 4 CL �gbV uCaLL k 4�1= j � Q� I uti4 t{f! xt d� +n�a i C uuu 0<awm�a m �c� �' m c`•. �4 u � `m � 3 0 Go " rmtgQ�a i Y `m a Y roU IIL L � m an� "'auGd iy G. c��ok c�ao41 q a XE)-C i c v 2UQ 4tu fn�4 f YW � Yt%7 _ ff F�!.f,�,. ''• DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 06/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 endorsement(s). PRODUCER CONTACT Cheryl Rogers NAME: K&S Insurance Agency ACNE. Ext: (972)771-4071 A/c,No: (972)771-4695 2255 Ridge Road,Ste.333 E-MAIL crogers@kandsins.com ADDRESS: P.O.Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA: Continental Casualty Insurance 20443 INSURED INSURER B: Continental Insurance Company 35289 Bridges Specialties,Inc. INSURER C: National Fire Insurance Co. 20478 4233 FM 624 INSURER D: Nautilus Insurance Co. 17370 INSURER E Robstown TX 78380 INSURER F COVERAGES CERTIFICATE NUMBER: 18/19w/Pollution 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100,000 MED EXP(Any one person) $ 15,000 A C6049520557 05/10/2018 05/10/2019 PERSONAL&ADV INJURY $ 1'000'000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED C6049520560 05/10/2018 05/10/2019 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAB XvZl_" "'_R"'y"E'" 5,000,000 OCCUR EACH OCCURRENCE $ B X EXCESS LAB CLAIMS-MADE C6049520588 05/10/2018 05/10/2019 AGGREGATE $ 5'000'000 DED I X1 RETENTION $ 10'000 $ �/ WORKERS COMPENSATION /� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A WC6049520574 05/10/2018 05/10/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pollution Liability D CPL2022309-11 05/10/2018 05/10/2019 $1,000,000w/$5,000 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Job#E17060-JC Elliot Landfill Site Improvements Please see attached for additional information. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard Street AUTHORIZED REPRESENTATIVE . Corpus Christi TX 78401 A'�Oy. �. / @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS The following Applies to the General Liability Policy: Additional Insured Form #CNA75079XX 10/16 for Ongoing Operations; Additional Insured Form #CNA75079XX 10/16 for Completed Operations; Additional Insured for Lessor of Leased Equipment Form #CNA74705XX 1/15; Primary & Non-Contributory Form #CNA75079XX 10/16; Waiver of Subrogation Form #CNA74705XX 1/15. The following Applies to the Businss Auto Policy: Additional Insured Form #CNA63359XX 4/12; Waiver of Subrogation Form #CNA63359XX 4/12; Primary & Non-Contributory Form #CNA63359XX 4/12 . The following Applies to the Worker's Compensation Policy: Waiver of Subrogation Form #WC420304B. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 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: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. 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. IV. 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. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: C6049520557 Page 1 of 2 Endorsement No: Effective Date: 05/10/2018 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with it: Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. 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. 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 3. make available any other insurance, and 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 3. 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. VII. 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 you 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 (10-16) Policy No: C6049520557 Page 2 of 2 Endorsement No: Effective Date: 05/10/2018 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of 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 6. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. 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 16. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 0 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 0 0 20. Personal And Advertising Injury—Discrimination or Humiliation 0 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP,or Consolidated (Wrap-Up) Insurance Programs CNA74705XX(1-15) Policy No: 6049520557 Page 1 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 effect or 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. B. 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 whom 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 whom 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) Policy No: 6049520557 Page 2 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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 lessor 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. Mortgagee,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 0 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. 0 0 The coverage granted by this paragraph does not apply to: 0 N O a. Bodily 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: 6049520557 Page 3 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 other 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 Duties 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: 6049520557 Page 4 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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. 6. 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 0 Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: N N W k. Damage to Your Product 0 0 Property damage to your product arising out of it, or any part of it except when caused by or resulting from: 0 N (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. 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: 6049520557 Page 5 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 indemnifies 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 indemnifies 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, if 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. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 6049520557 Page 6 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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; 0 0 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: 6049520557 Page 7 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 Rented 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) Policy No: 6049520557 Page 8 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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 1.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 if 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). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: 0 0 Contractual Liability 0 0 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: 6049520557 Page 9 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following 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 care 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: 6049520557 Page 10 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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 employee 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: Other Insurance 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; N N 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 / ALIENATED PREMISES / 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: 6049520557 Page 11 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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 Property 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 if 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: i. tools, or equipment the Named Insured borrows from others, nor ii. 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 e. 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) Policy No: 6049520557 Page 12 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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, Coverage A — Bodily Injury and Property Damage 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 6. 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; 0 16. LIQUOR LIABILITY N 0 Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 0 Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an N 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 6. 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: 6049520557 Page 13 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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: 6049520557 Page 14 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material 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 s indemnitee; 0 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: 0 0 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: 6049520557 Page 15 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA 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. 26. 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 Insured's 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: 6049520557 Page 16 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of 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 structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): 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) insurance 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. 0 All other terms and conditions of the Policy remain unchanged. 0 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. N O O N CNA74705XX(1-15) Policy No: 6049520557 Page 17 of 17 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA C Edi 04 /12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.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. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — m b. Does not apply to: Falling Objects Or Missiles N (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 oformed 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 III Paragraph A.4.a. is revised, with required by a written contract to name as an ' additional insured is an "insured" but only with respect to transportation expense incurred by you, respect to their legal liability for acts or to provide: omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to "insured" under Section II — Who Is An b. $1,800 maximum, in lieu of$600. Insured and for whom Liability Coverage is afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph AA.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX copyright,CNA corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. C NA63359XX (Ed. 04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.G.. 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 II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.. a. An "auto" owned by that "executive officer' or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer' F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories. CNA63359XX copyright,CNA corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. C NA63359XX (Ed. 04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer' contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident"or"loss." using a covered "auto"described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV Paragraph such "accident" or "loss" is known to you or if you are not an individual, to any of B.6.. your executive officers or partners or your Regardless of the provisions of Paragraphs 6.a. insurance manager. and 6.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 such knowledge, unless receipt of such E. Policy Period, Coverage Territory documents is known to you or if 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 0 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.6. 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. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Workers Compensation And Employers Liability Insurance CNA ��s II i��:� III ir"i d l u1,�w e ul'ir i m iu°u�'ftP u 2 2 ° nnE nnE o, 1E mlr nnE 1E nnE iuu nnE u This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% 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 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 6 49520574 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/10/2018 Endorsement No: 6; Page: 1 of 1 Policy Page: 38 of 42 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 0 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 PRODUCTS/COMPLETED 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): 30 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: PER SCHEDUEL ON FILE Address: 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. 0 0 0 N O O N 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: 6049520557 Page 1 of 1 Endorsement No: 25 CONTINENTAL CASUALTY COMPANY Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. CNA C (Ed. 2/ X3 NOTICE OF CANCELLATION OR MATERIAL CHANGE — DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: PER SCHEDULE ON FILE Attention: Street Address: City, State, ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. N O O N O N N W V O O O O O O O N O O O CNA72315XX(02/13) Policy No: 06049520560 Page 1 of 1 Endorsement No: Effective Date: 05/10/2018 Insured Name: BRIDGES SPECIALTIES, INC. Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance CNA ��s II i��:� III irui d r� l u1,�w e u�'Ir lu e iu°i'ft(� 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 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 6 49520574 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/10/2018 Endorsement No: 9; Page: 1 of 1 Policy Page: 22 of 22 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved