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C2017-543 - 9/26/2017 - Approved
2017-543 9/26/17 M2017-155 Mo-Con Services Inc. 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 26,2017, is between the City of Corpus Christi (Owner)and Mo-Con Services, 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: North Padre Island Beach Access Road 2(Bond 20141 E16452 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas,78410 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 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 120 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Agreement 00 52 23-1 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 06-22-2016. INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF WEST GOTH POOL RENOVATIONS [ Bond 2012] PROJECT NO, E14007 City of Corpus Christi TURNER RAMIREZ ARCHITECTS 37515. ALAMEDA ST/ CORPUS CHRISTI, TX / (361)994.8900 [06/16/2017] Record Drawing Number [CP-210] 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 00 00 Cover Page 00 01 00 Table of Contents 00 01 07 Seals Page 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Rev o1-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 004516 Statement of Experience (Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 006113 Performance Bond (Revo1-13-2016) 00 61 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) Table of Contents 000100- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev06-22-2016 Division/ Title Section 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications NONE Part T Technical Specifications 03 53 00 Concrete Topping 06 10 00 Rough Carpentry 07 31 13 Asphalt Shingles 07 46 46 Fiber Cement Siding 07 71 23 Manufactured Gutters & Downspouts 09 91 13 Exterior Painting 10 44 00 Fire Protection Specialties 13 11 00 Swimming Pools 32 31 13 Chain Link Fences and Gates Appendix Title NONE END OF SECTION Table of Contents 000100-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 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: WEST GUTH POOL RENOVATIONS (BOND 2012) PROJECT NO. E14007 A. The West Guth Pool will be renovated in this project to have new gutters, pool deck, fencing around the pump room, and pump room. Furthermore, the children's pool will be infilled and equipment for the pump room will be replaced. The new pool filtration system will be a pre-manufactured system and will reside approximately 7' below the deck surface. It will require significant demolition of the existing pool gutters, deck, pump room and storage, existing electrical and plumbing, as well as the concrete pipe encasement at the interior floor to the wall cove of the pool.The existing restrooms, office, and shade structures will remain. The project may include up to four additive alternate items as further described in the documents. Alternate#1 is a pre- manufactured climbing wall that allows users to rock climb starting in the pool and climbing up to 10'-6" above the water level with a safety panel above.Alternate#2 are pool Spray Features in the zero entry which included vertical play elements, including anchors. Feature Pump, UV System, and all necessary pipe connections shall be included within the equipment space. All underground piping,wall drain sump, and electrical service required for this addition shall be included in the base bid.Alternate#3 is a Cool Deck Concrete Finish on Base Bid Concrete Pool Deck. Perimeter Fencing around Pool shall be Deductive Alternate#4. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project base bid is$1,073,000. The Project is to be substantially complete and ready for operation within 210 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on Wednesday July 19, 2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—WEST GUTH POOL RENOVATIONS (Bond 2012), Project No. E14007 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 PM on Wednesday July 19, 2017, at the following location: City Hall Building— City of Corpus Christi ThirdFloor Parks and Recreation Department Smart Board Conference Room1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. Invitation to Bid and Instructions to Bidders 002113-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday July 11,2017 at 10:00 AM at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the Invitation to Bid and Instructions to Bidders 002113-3 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. Invitation to Bid and Instructions to Bidders 002113-4 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on Invitation to Bid and Instructions to Bidders 002113-5 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 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. Invitation to Bid and Instructions to Bidders 002113-6 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence ofinsurance. 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 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume Invitation to Bid and Instructions to Bidders 002113-7 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE.20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. Invitation to Bid and Instructions to Bidders 002113-8 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all Invitation to Bid and Instructions to Bidders 002113-9 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 West Guth Pool Renovations(Bond 2012) Project No. E14007 Rev 01-13-2016 ACCMV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIO°"""' 9/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)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 ri hts to the certificate holder in lieu of such ondorsoment s. CONTACT PRODUCER E� Brady,Chapman,Holland&Associates PHONE 713-688-1500 Fax 713-688-7967 10055 West Gulf Bank 4"L Houston TX 77040 eCSR24@bch-insurance.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:Trans ortation Insurance Co. CNA 20494 INSURED PROGRESSIV2 wsURERB:American Casualty Co of Reading PA 20427 Progressive Commercial Aquatics, Inc INSURERC:Continental Casual Co. CNA 20443 2510 Farrell Rd INSURERD:Texas Mutual Insurance Co 22945 Houston TX 77073 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2028455551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMMD EFF rPDY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY 5094992447 3/31/2017 3/31/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RERT915- CLAIMS-MADEX❑OCCUR PREMISES Eaocaurence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,000 POLICY[j]JECT ❑X LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABiUTY C5095120963 3/31/2017 3/31/2018 Ea accident 5INGLE LIMIT $1,000,000 XANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUT 0S BODILY INJURY(Per accident) $ X AUXUTSOL� A $TOS ONLY AOPer accident $ C X UMBRELLA LIAR X OCCUR CSOS5120879 3/31/2017 3/31/2018 EACH OCCURRENCE $5,000,000 EXCESS UAB I CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTION$10,000 $ D WORKERS COMPENSATION 0001223875 3/31/2017 3131/2018 X PT T ET H- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTWE Q N t A E.L.EACH ACCIDENT $1,000,000 EXCLUDED?OFFICERIMEMBER EXCLUDE (Mandatory to NH) E.L.DISEASE-EA EMPLOYE1$1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS betow E.L.DISEASE-POLICY LIMIT 1$1,000,000 C Loosed/Rented Equipment C6012835254 3/31/2017 3/31/2018 Any One Item $150,000 Installation Floater Maximum $300,000 $100,000 Limit IF $1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The policy includes Blanket additional insured on the general liability pper form CNA75079XX 1-15 and automobile per form CNA63359XX 4-12,with a waiver of subrogation on the general liability per form CNA75008XX 1-15,automobile per form CNA63359XX 4-12 and workers compensation per form WG420304B when required by written contract. This insurance is primary and non-contributory as respects general liability CNA74705XX 1-15. Umbrella follows per form CNA75504XX 3-15. Project No.E14007-West Guth Pool Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi-Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard Street ACCORDANCE WITH THE POLICY PROVISIONS. City Hail,3rd Floor Corpus Christi TX 78401 AUTHORIZED REPRESENTATIVE &bi ®U1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE 1 AO 1 & CERTIFICATE OF LIABILITY INSURANCE 9 0` °°"""' 17 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: N the certificate,holder is an ADDITIONAL INSURED,the pollcy(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 ri hts to the certificate holder In lieu of such endomemen s. PRODUCER TACT Brady,Chapman,Holland&Associates NAMINNONE 713-6g8-1500 FAX 713-68&7967 10055 West Gulf Bank Houston TX 77040 E-MAR .eCSR24@bch-insurance.com om I S AFFORDING COVERAGE NAIC S INSURERA:Allied World Assurance New Day Und. 19489 INSURED PROGRESSIV2 INSURERB:American Casualty Co of Reading PA 20427 Progressive Commercial Aquatics,Inc INSURERC: 2510 Farrell Rd Houston TX 77073 �� D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:982692992 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE POLICY NUMBER um EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS MADE OCCUR NOWrEff- PREMISES $ MED EXP one $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY❑� FILOC PRODUCTS-COMPIOP AGG S OTHER $ AUTOMOBILE LIABILITY accidentSINGLE LIMIT S ANY AUTO BODILY INJURY(Per person) $ DULED AUTOS ONLY AUUTTOSS BODILY INJURY(Per strident) $ HIRED NON-OWNED _150PERW DAMAGE AUTOS ONLY X AUTOS ONLY Per agent S S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS L1AB CLAIMS-MADE AGGREGATE S DED I I RETENTIONS $ WORKERS COMPENSATION X PEA OTH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTTIERiEX cunVE ❑N i A E.L.EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yyeess describe under DISC 2IPTION OF OPERATIONS below E.L.DISEASE-POLICY UMrr S A Professional Lia& 03100678 3/31/2017 3/31/2018 $1,000.000 Each claim $2,000,000 Agg B PoUution Liability C5095120963 3/31/2017 313112018 $4,500,000 $1,000 Ded• Builders Risk DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Addtttonal Remarks Schedule,may be attached If more spato required) '2%Named Windstorm Tier 2,Excluded Named Windstorm Tier 1 Project No.E14007-West Guth Pool Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEIIED BEFORE City of Corpus Christi-Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard Street ACCORDANCE WITH THE POLICY PROVISIONS. City Hall,3rd Floor Corpus Christi TX 78401 AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 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/Umited Liability Companies 15. Legal Liability—Damage To Premises i Alienated Premises I Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments a 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22..Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Haza s 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 5094992449 Page 1 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2019 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Ccpydght CNA All Rights Reserved. includes oupydghted materiel of Insurance Services Office,Inc.,with its pennission. 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 l Insured's maintenance, operation or use of such equipment, provided that the occurrence glving 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 (1-15) Page 2 off 17 Policy No: 5094992447 Page 2 17 TRANSPORTATION INSURANCE COMPANY Endorsement No: 4Effective Date: 03j31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC, Copyright CNA AA Rights Reserved. Includes copyrighted material of insurence services ottics,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 lessors 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 o b. the construction,erection,or removal of elevators;or & c. the ownership,maintenance or use of any elevators covered by this Insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. I The coverage granted by this paragraph does not apply to: 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 i contract or agreement, the insurer will treat as a written contract any governmental permit that requires the If Named Insured to add the governmental entity as an additional insured. 09 H. Trade Show Event Lessor j 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: a CNA74705XX(1-15) Policy No: 5094992447 Page 3 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA M Rights Reserved. Includes copyrighted material of insurance Services Of ce,Ina,with its permission. OVA 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 i Named Insured is aware that this insurance may apply to such occurrence,offense or claim. S. 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: 5094992447 Page 4 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. Indudes copyrighted material cf Insurance services office.Inc„with Its pemdsslon. CNA CNA PARAMOUNT Contractors' General Liability.Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the.policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right,pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above,this Insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The Insurance provided by this Coverage Part applies to Named insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property.Damage Liability, the paragraph entitled r Exclusions is amended to delete exclusions k.and I.and replace them with the following: aThis insurance does not apply to: a k. Damage to Your Product Property damage to your product arising out of it,or*any part of it except when caused by or resulting from: (1) fire; I (2) smoke; (3) collapse;or s (4) explosion. ® 1. Damage to Your Work Property damage to your work arising out of It, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor,or CNA74705XX(1-15) Policy No: 5094992447 Page 5 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC-. Copyright CNA AA Rights Reserved. Indudes copyrighted materw of Insurance services office,Inc.,with its peanlssion. 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 S.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; C 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: 5094992447 Page 6 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNAAR 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; ! 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 CNA7470M(1-15) Policy No: 5094992447 Page 7 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA An Rights Reserved. tndudes oopydghtad matettal of Insmnoo semoes Office.Inc.,with Its pem-tIssion. CNACNA 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. AII: 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 1 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, I 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 arlsing 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: 5094992447 Page 8 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIt1E COMMERCIAL AQUATICS, INC. Copydght CNA AU Rights Reserved. indudes copyrighted material of insurance Services omos,Inc.,vAth Its pewaslon. 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). III. delete the exclusion entitled Contractual Liability and replace it with the following: This Insurance does not apply to: Contractual Liability i the tnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Ili. 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 EEO orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 5094992447 Page 9 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. CMdght CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with Its permissicn. 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: 1. add the following definitions: Health care incident means an act, error or omisslon 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 fumishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duty licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist, g. Physical therapist; h. Psychologist; 1. 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. It. 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; Ili. amend the definition of Insured to: a. add the following: i 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: 5094992447 Page W of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. includes copyrighted materw of Insurance services office,Inc.,with Its pem$sston. 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 i LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization Is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible Insurance purchased specifically to insure the partnership,joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) Insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above. But this provision will not serve to exclude bodily Injury, property damage or personal and advertising 9=1 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 ME 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) Pollcy No: 5094992447 Page 11 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copydght CNA AQ Rights Reserved. tndudea oopydghted material of Insurance Services Office,Inc.,with Its pearlsslam PWA 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; (5) 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), (5) 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: 5094992447 Page 12 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, 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 S. 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 S. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others In the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property-damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this$1,000 in order to effect settlement. If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE Is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit Is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, Including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(11)of the Other Insurance Condition is deleted and replaced by the following: (IQ That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner, or for personal property of others in the Named Insured's care,custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C—Medical Payments for all medical expenses because of bodily Injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 5094992447 Page 13 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. copyright CNA AG Wghts Reserved. includes copyrighted material of lnsumm Servkns GNBoe,Inc..wM Its pemd8sl6n. 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 cant'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: 5094992447 Page 14 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA AII Rights Reserved. Indudes copyrighted material of Insurance Services office.Inc..with Its permission. CJVA 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 einployment 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 sublease of any roam,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 Llability. 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 I are such that no conflict appears to exist between the interests of the Insured and the Interests of the Indemnitee; .2. The first unnumbered paragraph beneath Paragraph 21(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees Incurred by the Insurer In the defense of that indemnItee,necessary litigation expenses incurred by'the Insurer,and necessary litigation expenses Incurred by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising Injury and will not reduce the limits of Insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS MM 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: 5094992447 Page 15 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC.. Copyright CPA All Rights Reserved. Includes copyrighted material of Insurance services Office,tea,with Its pembston. NA 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 ball 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 co rage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for Injury or damage arising out of 1. the Named 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 j 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: 5094992447 Page 16 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. copyrtght cdA Aii Rtghts Reserved. tndudes copyrighted matertat of tnsurence services omce,Inc.,wEth Its pennlsston. �XA 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. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below, and expires concurrently with said Policy. CNA74705XX(1-15) Policy No: 5094992447 Page 17 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA A11 Rights Reserved. includes capydghted material of inswance services Office,[=,with fts pem lsston. CSNA `E9xx d.04 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 1. 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 11, Paragraph Insured,includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any Incorporated entity of which the 1. Which are no longer In farce;or Named Insured owns a majority of the Voting stock on the date of Inception of 2. Whose limits have been exhausted. this Coverage Form;provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section 11, Paragraphs A.2. (2)and A.2. (4) are A.I. does not apply to any such entity revised as follows: that Is an "insured" under any other liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000;and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section 11,Paragraph B.5 does not apply. a. is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception If. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered"auto,"any deductible farmed the organization;or shown In the Declarations will not apply to glass (2)* Any such organization that is an breakage if such glass is repaired, In a manner "Insured" under any other liability acceptable to us, rather than replaced. "policy"providing"auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section 111, Paragraph 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 Section III, Paragraph AA.b. is revised, with and non-contributory to insurance on which 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 to maximum,in lieu of$600. operating an "auto" hired or rented under a a. contract or agreement in that "employee's" GNA63359XX Copyright,CNA Corporation,2000. 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Jo; Aled lllnn ern 1sow a41 'P noA 'sued paapueisgns;o uoliellelsut „spine»p8unio A4d a43 ao!sJledaa Jo aoueuaiulew eieldwooul atp of lenabe(sl uo lnoadoo es 43 Aq pepl pad Jo Anal !sJlgdej onew of eanllel 941 sl so e6emoo 96ewep lealsA4d 841 •p to ilnseJ g se IOU pue eftwep leiueplooe to Ino Alpaalp Bulsue ssol ,enlen 'Bulu44611 JO aJg ul uolinulwlp, a of pellwll sl uolslnoad Aq pasneo„ssol»of salldde elggonpap ON Spi Aq papinoJd sl se a6emoo 4onS •O •oine paJanoo pee aol alciponPaP 009$ ssaulsnq JnoA to ionpuoa 843 of pa;elaJ a snulw 'ssel sl aanegol4M '000`5L$ ao sagnp Bulwao A all '1 lsslwJed ivaweaeldaJ;o isoo JledeJ }o isoo anter JnoA 431M 'eweu »squo ,eeAoldwe,, lenpinlpul lenioe 843 sl Illm ern isow a41 'O Jo »iueplooe» IB41 ul ioeJiuoo a Japun `ssal Jo sAop OE up Aug Jo; Mad IIlM ;o pound a Jol JenlJp a ino4ilM»eaAoldwe,, sseulsnq JnoA;o JnoA Aq PaiuBJ Jo peJ14 adAi Je6uessed ionpuoo 843 of paiglaa sagnp BulwaolJed aignud 941 }o „olne. p9moo Aub •q 9114nn 'uolsslwaad anoA 43w+ 'eweu pug »spekldwa» lenPtnlPu! 1e41 ul iaeJluoo :ssaulsnq anoA }o ionpuoo e43 of peieleJ a Japun Jenup a jn041lm»aeAoldwa»JnoA sa43np Bu4wao ad 9114m `ssgl JO MopAq .poluej Jo peJ14 ,pine. p8J8noo Auy •q og}o poped.e Jol Jenup a ino43!nn`nnoJJoq pug!Janup a ino4ilM nnoJaoq Jo Jo iu9J '944 'esgel noA edAI Muessed ivaa `aJ14 'eseel noA »oing„ pamoo Auy `e eienud 941 to Nome. peaenoo Auy •e :Oi papuaixe :o;Aldde iou seop uolsnloxe sl e6emoo 96oweQ polsA4d uogl 'soiny POAH »enlen ul uolinulullp» 941 `6ulmollol e43 of ioe(gnS of pueixa iou soap g6eJeno0 4ons pus`Aollod s!ip Japun PaPlnoad sl e6emoo e6eweQ leolsA4d 11 4deJBeJgd `111 U011099 of 138PPe sl Bulnnollol 841 ,solny,,PGUlH 'S enlgp ul uolinulwlQ '0 :*v •uOlslnoad s143 Aq papinoJd o6eaenoo e43 4deJBeJed '111 uo11O8S Ol P8PPe sl 6ulMoilo; 841 of salidde algllonpap eoueun000 Jed 00l$ V 'P ,.soInV,,pejlH 'a (Z 1.3,0'133) XX69CCgVN0 CNA63359XX (Ed.04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2 For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from R rP R means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "Insureds" while "accident"or"loss." using a covered"auto"described In this provision. C. Concealment,Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of Inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or 'loss"is known to you B.S.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs S.a. Insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a- written contract. That written (6) Your "employees" may know of contract must have been entered Into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge; unless receipt of such documents Is known to you or if you are Section IV, Paragraph B. 7.(S).(a). is revised to not an individual,to any of your executive provide: officers or partners or your insurance a. 45 days of coverage in lieu of 30 days. manager. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS TO Us Section V. Paragraph C. Is deleted and replaced by The following is added to Section IV, Paragraph the following: A.S. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for Injury.or 0 t� r_s CNA63359XX Copyright,CNA corporation,2M. Page 3 of 3 (Ed.04/12) Includes copyrighted materiel of the insurance Services Office used with Its pennlssion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B.below applies, 1. bodily Injury,property damage,or personal and advertising injury caused In whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified In such written contract;or 2. bodily Injury or property damage caused In whole or in part by your work and included in the products- completed operations hazard,and only if a. the written contract requires the Named Insured to provide the additional Insured such coverage;and b. this coverage part provides such coverage. B. bodily Injury,property damage,or personal and advertising injury arising out of your work described In such written contract,but only if: 1. this coverage part provides coverage for bodily Injury or property damage Included within the products completed operations hazard;and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. 11. 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. Ill. 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: s 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, 1 field orders,change orders or drawings and specifications;and 2. supervisory,inspection,architectural or engineering activities;or . B. any premises or work for which the additional Insured Is specifically listed as an additional insured on another = endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary In the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, �= the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional Insured whether on a primary,excess,contingent or any other basis. However,if this insurance is required by written o CNA75079XX(1-15) Policy No: 5094992447 Page 1 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyd&t CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its perp tssion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to Insurance on which the additional Insured is a named insured. V. Solely with respect to the Insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit Is amended with the addition of the following: Any additional Insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the Investigation,defense,or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self Insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this Insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional Insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional Insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additi0nal Insured on this coverage part,provided the contract or agreement: A. is currently In effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury for which the additional Insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Policy No: 5094992447 Page 2 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with Its pomasston. CA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown In the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for Injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and Included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. i CNA75008XX(1-15) Policy No: 5094992447 Page 1 of 1 Endorsement No: 9 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CMA Ail Rights Reserved. Includes copyrighted material of insurance services ofthm,Inc..with Its pemdsslan. TPevxasMutuar WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND �; WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily Injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium far 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 I 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED,SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective an the Inception date of the policy unless a different date Is indicated below. . (The following'attaching clause°need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on 03131/2017 at 12:01 a.m.standard time,forms a part of.. Policy No.0001223875 of Texas Mutual Insurance Company effective on 03/3112017 Issued to: PROGRESSNE COMMERCIAL AQUATICS INC /I „rf J7 Premium: $6,567.00 Authorized Representative NCCI Carrier Code:29939 03123!2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 texasmutual.com WC 42 0304 B 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): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: "Per schedule on file' Address: "Per schedule on file" "Per schedule on file" TX 77073 , If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX(1-15) Policy No: 5094992447 Page 1 of 1 Endorsement No: 26 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. . J Policy Number: C5095120963 CAM CN(Ed.02/13 NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. s CNA68021XX(Ed.02/13) Page 1 of 1 Copyright,CNA All Rights Reserved. . f Texasmutu WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following'attaching clause"need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on 03/31/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001223875 of Texas Mutual Insurance Company effective on 03/31/2017 Issued to: PROGRESSIVE COMMERCIAL AQUATICS INC Premium: $6,587.00 Authorized Representative NCCI Carrier Code:29939 a3r2s►zot7 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 1 texasmutual.com WC 42 06 01 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: WEST GUTH POOL RENOVATIONS(BOND 2012) PROJECT NO. E14007 A. The West Guth Pool will be renovated in this project to have new gutters, pool deck, fencing around the pump room, and pump room. Furthermore,the children's pool will be infilled and equipment for the pump room will be replaced.The new pool filtration system will be a pre-manufactured system and will reside approximately 7' below the deck surface. It will require significant demolition of the existing pool gutters, deck, pump room and storage,existing electrical and plumbing, as well as the concrete pipe encasement at the interior floor to the wall cove of the pool. The existing restrooms, office, and shade structures will remain.The project may include up to four additive alternate items as further described in the documents.Alternate#1 is a pre- manufactured climbing wall that allows users to rock climb starting in the pool and climbing up to 10'-6"above the water level with a safety panel above. Alternate#2 are pool Spray Features in the zero entry which included vertical play elements, including anchors. Feature Pump, UV System, and all necessary pipe connections shall be included within the equipment space. All underground piping,wall drain sump, and electrical service required for this addition shall be included in the base bid.Alternate#3 is a Cool Deck Concrete Finish on Base Bid Concrete Pool Deck. Perimeter Fencing around Pool shall be Deductive Alternate#4. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project base bid is$1,013,000. The Project is to be substantially complete and ready for operation within 210 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. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 4 OF 37 Rev 01-13-2016 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on Wednesday July 19, 2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—WEST GUTH POOL RENOVATIONS (Bond 2012), Project No. E14007 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 PM on Wednesday July 19,2017, at the following location: City Hall Building— City of Corpus Christi ThirdFloor Parks and Recreation Department Smart Board Conference Room1201 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. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 5 OF 37 Rev O1-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday July 11,2017 at 10:00 AM at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-3 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 6 OF 37 Rev O1-13-2016 related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 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. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-4 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 7 OF 37 Rev O1-13-2016 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110,trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-5 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 8 OF 37 Rev O1-13-2016 each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11 MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-6 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 9 OF 37 Rev O1-13-2016 ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/ DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-7 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 10 OF 37 ReV01-13-2016 responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article8. 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. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-8 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 11 OF 37 Rev O1-13-2016 G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-9 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 12 OF 37 Rev O1-13-2016 remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113- 10 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 13 OF 37 Rev O1-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on: Wednesday July 19`", 2017 for West Guth Pool Renovations(Bond 2012) Project No. E14007. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—WEST GUTH POOL RENOVATIONS (Bond 2012), Project No. E14007 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 14 OF 37 Rev O1-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 15 OF 37 Rev O1-13-2016 D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ Add Alternate 1 $ Add Alternate 2 $ Add Alternate 3 $ Deduct Alternate 4 $ The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-3 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 16 OF 37 Rev O1-13-2016 any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 210 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-4 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 17 OF 37 Rev O1-13-2016 D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 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. ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-5 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 18 OF 37 Rev O1-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address forgiving notices: Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-6 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 19 OF 37 Rev O1-13-2016 00 30 01 BID FORM Project West Guth Pool Renovations (Bond 2012) Name: Project#: E14007 Owner: City of Corpus Christi Bidder: OAR: Designer: Turner I Ramirez Architects Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Part A- BASE BID(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION LS 1 A2 BONDS AND INSURANCE LS 1 A3 POOL RENOVATIONS AND NEW MECHANICAL ROOM LS 1 A4 ADAIMPROVEMENTS LS 1 SUBTOTAL PART A-BASE BID(Item Al-A4) Part B-ADDITIVE ALTERNATE NO. 1 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 31 CLIMBING WALL LS 1 SUBTOTAL PART B-ADDITIVE ALTERNATE NO. 1 (131) Part C-ADDITIVE ALTERNATE NO.2 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) C1 ISPRAY FEATURES I LS 1 1 SUBTOTAL PART C-ADDITIVE ALTERNATE NO.2(C1) Part D-ADDITIVE ALTERNATE NO.3 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) D1 COOL DECK COATING ON BASE BID POOL DECK LS 1 SUBTOTAL PART D-ADDITIVE ALTERNATE NO.3(D1) Part E- DEDUCTIVE ALTERNATE NO.4 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) E1 IDEDUCT NEW FENCING AROUND POOL LS 1 SUBTOTAL PART E- DEDUCTIVE ALTERNATE NO.4(E1) BID SUMMARY TOTAL PROJECT BASE BID (PART A) TOTAL PROJECT ADDITIVE ALTERNATE NO. 1 (PART B) TOTAL PROJECT ADDITIVE ALTERNATE NO.2 (PART C) TOTAL PROJECT ADDITIVE ALTERNATE NO. 3 (PART D) TOTAL PROJECT DEDUCTIVE ALTERNATE NO. 4(PART E) Contract Times Bidder agrees to reach Substantial Completion in 210 days Bidder agrees to reach Final Completion in 240 days Bid Form ADDENDUM NO. 1 ATTACHMENT NO1 Page 1 of 1 . West Guth Pool Renovations (Bond 2012) Project No. E14007 Rev 01-13-2016 PAGE 20 OF 37 00 52 23 AGREEMENT This Agreement, for the Project awarded on [ ], is between the City of Corpus Christi (Owner) and (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: West Guth Pool Renovations(Bond 2012) Protect No. E14007 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Turner I Ramirez Architects 3751 S.Alameda St Corpus Christi,TX 78414 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E. Construction Management Engineer ErnestoDLG@cctexas.com 361-826-3555 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 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 ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223- 1 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 21 OF 37 Rev 06-22-2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$2500 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$2500 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 $ Add Alternate#1 $ Add Alternate#2 $ Add Alternate#3 $ Deduct Alternate#4 $ 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-2 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 22 OF 37 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-3 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 23 OF 37 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-4 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 24 OF 37 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-5 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 25 OF 37 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-6 West Guth Pool Renovations(Bond 2012) Project No.E14007 PAGE 26 OF 37 Rev 06-22-2016 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis-Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003—Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b)—Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058—Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or C. Both a fine and confinement. ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 27 OF 37 REV 06-12-2015 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX-342 Building Building Construction Projects (does not include single family homes or apartments up to and including 4 stories) ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 28 OF 37 REV 06-12-2015 General Decision Number: TX170342 01/06/2017 TX342 Superseded General Decision Number: TX20160342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 23.14 21.55 ---------------------------------------------------------------- * ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 25.20 7.91 ---------------------------------------------------------------- ENGIO178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane. . . . . . . . . . . . .$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above. . . . .$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under. . . . . . . . . . . . . .$ 27.50 10.60 ---------------------------------------------------------------- ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-3 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 29 OF 37 REV 06-12-2015 IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL. . . . . . . . . . .$ 23.02 6.35 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20.04 0.00 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER. . .$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) . . . . . . . . . . . . . . .$ 19.77 7.13 IRONWORKER, REINFORCING. . . . . . . . . .$ 12.27 0.00 IRONWORKER, STRUCTURAL. . . . . . . . . . .$ 22.16 5.26 LABORER: Common or General. . . . . .$ 9.68 0.00 LABORER: Mason Tender - Brick. . .$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.58 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.49 2.13 LABORER: Roof Tearoff. . . . . . . . . . .$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13. 93 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1.31 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 16.22 0.34 OPERATOR: Forklift. . . . . . . . . . . . . .$ 14.83 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 13.37 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.55 0. 94 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 16.03 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.70 0.00 ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-4 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 30 OF 37 REV 06-12-2015 PAINTER (Brush, Roller, and Spray) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.45 0.00 PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . .$ 25.80 8.55 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.64 8.16 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) . . . . . . . . . . . . . . .$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 21.13 6.53 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 11.22 0.00 TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 14.74 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck. . . . .$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-5 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 31 OF 37 REV 06-12-2015 ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-6 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 32 OF 37 REV 06-12-2015 that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-7 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 33 OF 37 REV 06-12-2015 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION END OF SECTION ADDENDUM NO. 1 Wage Rate Requirements ATTACHMENT NO. 1 007202-8 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 34 OF 37 REV 06-12-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1- Mobilization: 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. ADDENDUM NO. 1 Measurement and Basis for Payment ATTACHMENT NO. 1 01 29 01- 1 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 35 OF 37 Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2 - Bonds and Insurance: 1. Measuring for payment is on a lump sum basis. Payment will be based on documentation of actual costs. C. Bid Item A-3—Pool Renovations and New Mechanical Room: 1. Upon acceptance of the Bid Item above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 2. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the Architect and OAR. D. Bid Item A-4—ADA Improvements: 1. Measuring for payment is on a lump sum basis. Payment will be based on documentation of actual costs. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item B1—Additive Alternate#1: Climbing Wall 1. Upon acceptance of the Bid Item above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 2. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the architect. B. Bid Item C1 -Additive Alternate#2: Spray Features 1. Upon acceptance of the Bid Item above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 2. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the Architect and OAR. C. Bid Item D1 -Additive Alternate#3: Cool Deck Coating on Base Bid Pool Deck 1. Upon acceptance of the Bid Item above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 2. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the Architect and OAR. D. Bid Item E1—Deductive Alternate#4: Deduct New Fencing Around Pool 1. Upon acceptance of the Bid Item above, the basis of payment will be determined by the percentage of completion of the scope of the bid item. 2. The unit measure for the basis of payment for this bid item will be on a percentage basis of completion verified by the Architect and OAR. ADDENDUM NO. 1 Measurement and Basis for Payment ATTACHMENT NO. 1 0129 01-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 36 OF 37 Rev 01-13-2016 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION ADDENDUM NO. 1 Measurement and Basis for Payment ATTACHMENT NO. 1 01 29 01-3 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 37 OF 37 Rev 01-13-2016 ATTACHMENT 2 CITY OF CORPUS CHRISTI - ENGINEERING SERVICES PRE-BID CONFERENCE SIGN-IN SHEET WEST GUTH POOL RENOVATIONS location: Engineering Conf Room (BOND 2012) - PRO1 E14007 Date/Time: Tuesday- 7/11/17- 10:00 A.M. NAME TITLE COMPANY PHONE E-MAIL Awe c3fic%fif4sl rAA, -r I?-. A-tt cO G-,i,A ss �`1 d2�`�-` ( W&W k4 ger-(2:6"I'".c l-'tn1ly I� S u .c 4.. CC IRV 361 '826'3`!83 C, Cpm V-109��'3 Jim oi" V-ck . Coves AlOt e"w ADDENDUM NO. 1 ATTACHMENT Nil) 2 PAGE 1 OF 2 Page 1 of 1 CITY OF CORPUS CHRISTI - ENGINEERING SERVICES PRE-BID CONFERENCE WEST GUTH POOL RENOVATIONS PROJECT NO. E14007 Tuesday -July 11, 2017- 10:00 a.m. 1. Introductions City Staff Consultant 11. Review of Project Scope Time of Completion Liquidated Damages 111. Review of Contract Documents Proposal Insurance and Bonds - New Requirements Statement of Experience - Revised Form Digital/Electronic Signatures Wage Rates Qualification Requirements (if applicable) NQI Requirements SWPPP Requirements Special Requirements IV. Questions and Answer Session V. Project Site Tour (if applicable) ADDENDUM NO. 1 ATTACHMENT NO. 2 PAGE 2 OF 2 Page 1 of 1 ATTACHMENT 3 Submittal Checklist Please check off all required items related to your project. o Submit digital plans and associated documents via email as PDF attachments or drop box link or drop off digital files in person. Max size of file that can be emailed as attachment is 25 MB. o Building Application is completely filled out. o Property is platted.Addressed Verified through GIS. o Contractor registration form filled out for non-registered General Contractors. o Energy Plan to include name of Energy Compliance Inspector and method of Energy Compliance to be utilized(Prescriptive or Performance Analysis) If applicable. o Commissioning Report If applicable. o ComChecks for lighting,mechanical and envelope(as needed). o WPI-1 form for New Construction application or substantial alterations or additions to existing structures. 0 1 copy of Asbestos Survey for Remodel,Tenant Finish Out and Demolition. 0 2015 Water meter sizing form and Tap Application completed.A water meter size and type of tap must be selected.Select Wastewater tap and Gas if applicable. 0 EAB number if valuation exceeds$50,000 based on IBC calculations. 0 All Buildings over 5000 square feet or more than a single story will require that all documents are sealed by an engineer. 0 Elevation Certificate for any project in a flood zone(A or V) Digital set of plans.A complete plan set will include but is not limited to the following: 0 Cover page should include but not limited to: Name and Address of Project,Construction Type,Occupancy Type,Occupancy Load Calculations and Code Summary(2015 for Building,Mechanical,Plumbing and Energy,2014 for Electrical). 0 Site plan should include but not limited to:dimensions of and between existing and proposed buildings,easements, property lines,set-backs,proposed parking,zoning districts of abutting properties and fire hydrant location showing a 300'hose lay to most remote point of the building or 500'if building is fire sprinkled.FDC must be within 100'of a fire hydrant. 0 Site Key to determine location of tenant space in a multi-tenant building. 0 Utility plans to be sealed an engineer and must show existing and proposed utilities,including any of the applicable:water, sewer,gas,storm water,electrical underground.Proposed utilities should match Water Meter Sizing Form and Tap Application. 0 Paving,Grading and Drainage plans to be sealed by engineer and must include the grading elevations 25 feet beyond all property boundaries from adjacent properties and lots. 0 Pollution control plan if proposed work disturbs more than%acre but less than 1 acre or Storm water quality management plan (sealed by engineer)and N.O.I.if the area disturbed area exceeds 1 acre. 0 Parking plan for all new construction projects or for a change of use to an existing single occupant or multi-tenant building. 0 Landscape plan drafted by landscape architect,landscape professional or engineer. 0 Foundation Plan sealed by engineer.Anchor details to be included. 0 Floor plans: Existing and Proposed layout,all elevations for new construction,egress plan,rated walls and doors including UL number.Exterior walls within 10'of a property line or adjacent building need to be fire rated. 0 Mechanical plans: proposed(and existing for Remodels&TFO)equipment location(equipment must be be screened if located within view of ROW or residential districts),air supply&return locations,condensate drain locations,statement saying air balance report will be issued at final inspection,air exchange calculations,locations of smoke and fire dampers if applicable. 0 Electrical plan:one line diagram,power plan,panel schedules and all related locations of proposed(existing for Remodel and TFO)lighting,receptacles,switches or other electrical sub panels,disconnects or accessories. 0 Plumbing plan:fixture count as related to occupancy load,sink locations,restrooms with ADA accessible toilet(s),hard washable surfaces in restrooms and/or kitchen,grease trap location and calculations if applicable,riser diagram,water heater location,temperate water mixing valve locations for public use sinks,hi/lo water fountain location,mop sink,roof plan that shows location of vents and fresh air intakes and measurements. 0 Industrialized seal(engineered plans from modular building company if applicable). 0 Public improvement plans need to be submitted separately to publicimprovements@cctexas.com ADDENDUM NO. 1 0 Only one driveway permitted with building application(additional permits require separate application) ATTACHMENT NO. 3 0 1 copy Deferred Submittal Form(if not submitting final metal building drawings at submittal). PAGE 1 OF 22 Name and Address of Project Date of Early Assistance Meeting Name of PM that attended EA Print Name Signature Date Signature of Applicant acknowledges that the above checklist has been reviewed and is complete. ADDENDUM NO. 1 ATTACHMENT NO. 3 GENERAL CONTRACTOR PAGE 2 OF 22 •� REGISTRATION Development Services piipjgyy 2406 Leopard, Suite 100 1 Corpus Christi, TX 78408 (361)826-3240 (main) (361)826-4375(fax) PermitRequests@cctexas.com NEW REGISTRATION RENEWAL Last Name(Print) First Name Date Street Phone Number City, State,Zip Code Date of Birth A responsible Contractor may file an Affidavit with the Inspection Division authorizing a designated agent to apply for and receive building permits in said person's behalf, and,6hirming that said person assumes all responsibility for any building permit obtained by said agent. /l Registration Fee...NO FEE Copy of Driver's License Name of Contractor Company Name of Contractor Company Name Business Location Mailing Address City State Zip Code Phone #( ) Fax# ( ) Email Address (Required):. Type of Ownership(check one): Corporation Sole Proprietor Joint Venture . Partnership Other 1 hereby affirm under the penalty of perjury that all of the acts, statements, and answers herein are true. ' Signature of Contractor Print Name of Contractor Processed by: Date: Bus. Control# Registration # Revised 8/5/2016 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 3 OF 22 fA MEMORANDUM To: Development Services Customers and Staff From: Gene Delauro, Building 0fficialz#1_11,)- Date: March 23, 2017 Subject: 2015 IECC Commercial Pre/Post Submittal Requirements Purpose: As a customer service initiative, Development Services (DS) is providing this policy to guide Customers through the application process regarding compliance with the 2015 International Energy Conservation Code (IECC). This information defines, clarifies and sets specific requirements and guidelines for both DS customers and DS staff. Certain items are required to be submitted to DS for review and other items are the review responsibility of the Designer and/or the Licensed Design Professional. This policy was adopted due to customer requests for standard forms to fill out and submit for energy compliance letters to clear energy inspections prior to obtaining a Certificate of Occupancy (CO). Scope: Part I describes when, and for what types of buildings the 2015 Commercial IECC is applicable.This includes information about remodels of existing buildings, how to submit for shell and tenant finish out phased permits, and how to submit for mixed use buildings that include R-2, R-3, and R-4 occupancies. Part II lists and describes the energy specific information needed (reports, forms and letters) to submit for plan review as part of a commercial building permit application package, and later, to clear project specific applicable inspections prior to obtaining a CO. Part III lists the responsibilities of review for the designer and/or licensed design professionals and responsibilities of review for DS staff. This list contains greater detail as to what is submitted with a building permit application package. Part IV lists the Commissioning Agent requirements,who may conduct commissioning and who may provide the Pre-Commissioning Report to DS. Part V, as a convenience, sets forth for the customer and DS staff the mandatory sections of the I ECC and/or ASHRAE 90.1 that must be complied with.This information can also be found in the IECC Code or ASHRAE standard. Page 1 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 4 OF 22 City Standard Forms to include Designer/Architect/Engineer's Letter of Certification of Energy Review to be submitted at Plan submission, and the Energy Compliance Letter(s) submitted prior to issuance of the CO are for your use. PART I —APPLICABILITY OF THE COMMERCIAL 2015 IECC Applicability - The 2015 IECC Commercial Section is applicable for any new commercial building with conditioned space. This does not include one and two-family dwellings and townhomes covered under the provisions of the International Residential Code. It does not include any Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. These buildings are covered under the Residential provisions of the 2015 IECC. Multifamily buildings using the residential provisions of the 2015 IECC will require a minimum of 10% of the units be inspected and tested with a minimum of one unit per building. Based on the results of the inspection /testing, additional units may be required to be inspected /tested. See the 2015 IECC Residential Submittal & Close Our Requirements for guidance. The commercial section of the 2015 IECC covers Group R-2, R-3 and R-4 buildings that are 4-stories and higher above grade plane. If using the performance path, a REScheck, IC3 or other software printouts would be submitted for occupancies covered under the Residential Section of the IECC. If using the prescriptive path, all required information must be provided in the project submittal. Mixed Use with Residential - Where a building has mixed use of residential and commercial, the appropriate section of the IECC shall apply with appropriate submittal documents; Residential and Commercial submittals are required as appropriate for the portion of the mixed use building. Remodels / Alterations to Existing Buildings - For additions to, remodel/alterations to, repairs of, and change of occupancy or change in use of an existing commercial building, Chapter 5 - Existing Buildings of the 2015 IECC applies and lists specific requirements and exemptions. Generally a COMcheck or printouts from other energy compliance software is not required unless a building is being "gutted"—brought down to the structural framing and being totally renovated. Phasing of Permits with Shell and Tenant Finish Out Permits - Commercial buildings are often permitted in phases. In one case, an owner is permitting a building for their own use but submit a shell package and later submit a tenant finish out permit (TFO), often because the interior is still in design. In another case an owner is permitting a shell building with future multi suite tenants who will then submit for TFO permits when a space is leased. As with any building system, some systems are constructed with the shell stage and others at the TFO permit. Energy systems often work together and in both of the phasing cases mentioned above, the 2015 IECC must be complied with. Due to the complications of phasing of energy systems, when a shell permit is applied for, the DS requires the Designer or Design Professional to: A. Submit the IECC C402 or ASH RAE Section 5 building envelope energy system designs with the shell permit. Additional information or revisions to the design may be required with the tenant finish out permit for a system building wide permitted under the TFO. B. Submit the proposed C406 additional energy package at the shell permit (included in COMcheck, if the COMcheck is being used as the compliance software). C. Provide a schedule regarding each energy system as proposed and under which permit it will be installed and inspected under. Some energy systems are building wide while other systems may be Page 2 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 5 OF 22 individual systems for each tenant suite, therefore some systems are required at the shell stage or some building wide TFO, while other systems may be submitted with a TFO. D. Where a system may be partially constructed in separate permits, provide information in the schedule regarding who will be responsible for portions of a system in the case of multi- tenant buildings. For a shell permit, this information is expected to be on the Energy Summary Sheet (See requirements below). The next Table reflects requirements applicable to normal shell and TFO permits depending on whether the building is being designed and constructed for one owner, or for multiple future tenants with future TFO permits. Unique situations may alter the requirements, but the designer or design professional is expected to communicate the reasons for alterations to the requirements with DS at the time of the shell permit submittal. Please see further information on warehouses after the following table. Submittals for a Shell Permit with Future Tenant Finish-Out Permit(s) Energy System One Owner Buildings Multi-Tenant and Mixed Use with/without Residential Compliance printout required covering Compliance printout required, as well COMcheck or other energy the proposed design of the building as the detailed design of the building compliance software printout envelope systems under C402 or envelope systems under C402 or Section 5 of ASHRAE 90.1 Section 5 of ASHRAE 90.1 Designed at the shell permit and may Must be designed and constructed at Insulation - R-Value be phased or constructed entirely at the shell stage either the shell or TFO Insulation and Assembly U- Must be designed at the shell stage. Must be designed and constructed at Factors May be constructed at TFO the shell stage Insulation - Floors Must be designed and constructed at Must be designed and constructed at he shell stage the shell stage Roof- Solar Reflectance Must be designed at the shell stage Must be designed and constructed at May be constructed at TFO the shell stage Fenestration - Percent Must be calculated and designed at Must be calculated and designed at the Window to Wall Area the shell stage. shell stage. Must be designed and constructed at Must be designed and constructed at he shell stage based on current TFO the shell stage based on intended TFO Required Skylights design information. May need to install information. Tenant may need to install additional skylights at the TFO if floor additional skylights at the TFO if floor plans change. plans change or become better known. Page 3 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 6 OF 22 Must be calculated and designed at Must be calculated and designed at the Skylight to Roof Area the shell stage. May be revised by shell stage. May be revised by TFO FO permit. permit. Air Barriers Must be designed at the shell stage. Must be designed and constructed at May be constructed at the TFO the shell stage Proposal submitted at the shell stage. Must be designed at the shell stage. Additional Energy Package Required for additional package under Required for additional package under r (only if using the 2015 IECC C406. Can be designed and C406, with clear description of possible Prescriptive Method) constructed at the TFO. phasing and who is responsible for which portion if applicable. For Individual systems: May be designed and constructed at the TFO. Once the floor plan and May be designed and constructed at ceiling heights are fully known for he shell or the TFO. A compliance skylight requirements, then electrical software printout for MEP may be daylighting controls must be included Mechanical Electrical and submitted with a TFO. Once the floor with possible additional skylights with Plumbing plan and ceiling heights are fully skylight curb insulation and details of air known for skylights/daylighting, then barrier interface. electrical daylighting controls must be For a Building Wide Systems: Must be included. designed and constructed at the shell permit, or a separate building wide partial TFO (completion permit— no CO issued). Warehouses are unique, especially where the percentage of tenant office space and type and height of materials to be stored are not entirely known. In these unique cases, the entire energy systems, including insulation, may be postponed to the TFO, since the warehouse may not ever be heated or cooled. In addition, where a tenant and materials are known, a warehouse may not be designed with conditioned space, but sprinkler systems installed requiring heating only to prevent freezing. Insulation is also not required until the warehouse is altered to have conditioned space. PART II — ENERGY FORMS/REPORTS AND LETTERS TO SUBMIT A Building Permit Application Package shall include: A. REQUIRED - Fill out that portion of the Commercial Building Permit Application that provides information regarding which energy compliance options are chosen by the design team. 1. Which Method of Energy Compliance will be used? a. 2015 IECC or ASHRAE 90.1-2013 2. If 2015 IECC is chosen, which sub-compliance method will be used? a. Prescriptive Path (C402 through C406), or Total Building Performance Path (C407) Page 4 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 7 OF 22 b. Will the Air Barrier Details be provided, or will there be a building pressure test? 3. If 2013 ASHRAE 90.1 is chosen, which sub-method will be used? a. Prescriptive Path (See 5.2.1), or b. Energy Cost Budget Method (Section 11) 4. Is Commissioning required for the project? The 2015 IECC may require a Mechanical and Plumbing Commissioning Plan at submittal and later a Pre-Final Commissioning Report prior to CO based on the HVAC details per C408.2. Commissioning for the Electrical system is always required under the 2015 IECC per C408.3. If ASHRAE 90.1-2013 is chosen, Commissioning is always required but the commissioning plan and pre-final commissioning report are turned in to DS only for HVAC system(s) if the project has over 50,000 square feet of conditioned space per ASHRAE 90.1-2013 (6.7.2.4). 5. For the IECC Prescriptive Path, provide which additional Efficiency Package is chosen and provided in design documents - Section C406. 6. For the ASHRAE 90.1-2013 path, provide a description of the whole building energy monitoring system/devices used to monitor natural gas, fuel oil, propane, steam, chilled water and hot water. ASHRAE 90.1-2013 Section 10.4.5 and subsections. Exceptions are listed in 10.4.5.2. B. REQUIRED - Provide an energy analysis for the building design (software printout showing energy compliance) based on the chosen compliance strategy. The design itself must utilize the specific energy values indicated by the energy analysis. Mandatory sections of the 2015 IECC or ASHRAE 90.1-2013 must be complied with even if the energy analysis software printout passes without the design in compliance with a mandatory section. COMcheck is one option depending on the path chosen, but there are other energy compliance software options. The software used to show energy compliance must indicate that it complies with the 2015 IECC commercial provisions or, if applicable, compliance with ASHRAE 90.1-2013, and must reflect the actual requirements of the 2015 IECC or ASHRAE 90.1-2013. The next table summarizes software choices by compliance path. Compliance Path and 2015 IECC 2015 IECC ASHRAE 90.1- ASHRAE 90.1- Software Submitted Prescriptive Total Building 2013 2013 Energy Performance Prescriptive Cost Budget COMcheck 2015 X IECC COMcheck ASHRAE X 90.1-2013 Other Energy Analysis Software based on the X X X X 2015 IECC or ASHRAE 90.1-2013 C. REQUIRED - Submit the Designer/Architect/Engineer's Letter of Energy Review (Included in the Appendix). This letter lists the energy reviews that the designer and licensed professionals (A/E) are responsible for; that the listed design items have been reviewed and found to be in substantial compliance with the 2015 IECC or ASHRAE 90.1- 2013. The Letter is required to be submitted even if all the items are checked "No". Items listed by the designer or A/E indicating that they will not be responsible for reviewing will require DS to perform the review, and calculations/details will need to be provided on the plans / submittal package for review. Page 5 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 8 OF 22 D. REQUIRED — Submit as part of the design drawings, an Energy Summary Sheet(s). The Energy Summary Sheet(s)shall contain the information in the table in Part III and is so indicated in the table where required. This includes the building envelope systems, and the mechanical plumbing and electrical systems related to energy. The energy summaries may be located by discipline on their own sheets, or combined and included in one location in the design drawings. Some required information does not translate well in the form of a table, list, or narrative summary on an Energy Summary Sheet. These items would be located where most appropriate. For example, the IECC requires that the thermal envelope be shown on the plans, which is appropriate for an architectural plan view rather than a summary sheet. Lack of an energy summary sheet(s) will generate plan review comments causing additional submittals, resulting in a longer time frame to issue the permit. For shell permits, the Energy Summary Sheet must include a schedule of design and construction of energy systems indicating how the systems will be phased in terms of design, which permit submittals will contain the energy system and who will be responsible for that system or a sub-system. (See Part I above for details and a table of requirements) E. PROJECT DEPENDENT - Submit a Statement of Commissioning Requirements. (Under the 2015 IECC, commissioning of the controls for automatic lighting systems are always required.) The Statement of Commissioning is simply a commissioning plan for mechanical, service water heating systems and electrical lighting systems where required by C408.2 and C408.3. This includes requirements for air balancing, list of mechanical, electrical and plumbing systems to be included in commissioning and functional testing of controls (mechanical, electrical and plumbing). The commissioning plan must include the following: a. Narrative description of the activities that will be accomplished during each phase of commissioning including the personnel intended to accomplish each task. The Commissioning agent for the project (if known) or the proposed certifications of such agent. b. A listing of the specific equipment, appliances or systems to be tested and a description of the tests to be performed c. Functions to be tested including calibrations and economizer controls d. Conditions under which the tests are to be performed e. Measurable criteria for performance Mandatory and Project Dependent Inspections: Energy Compliance Letters, Preliminary Commissioning Report, Test Results and related inspections are required to be cleared by letters and/or reports submitted to DS prior to obtaining a CO (Forms attached). A. Inspections are cleared, by one or by separate Energy Compliance Letter(s) from the Architect, Engineer or Energy Consultant providing statements of acceptable installation for the following energy related components/systems: 1. REQUIRED - Type of insulation materials and R-Values as installed. 2. REQUIRED - Type reflective roof - Roof solar reflectance and thermal emittance as installed. 3. REQUIRED - Fenestration (vertical and horizontal) U-Factors, SHGC, and VT as Page 6 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 9 OF 22 installed. 4. REQUIRED - Mechanical system insulation and R-Values and Mechanical Equipment Efficiencies 5. PROJECT DEPENDENT — Plumbing Hot Water Service type of insulation and R-Values, and Equipment Efficiencies (if Hot Water Service is required or provided in the building) 6. PROJECT DEPENDENT— Efficiencies of Motors and Transformers B. PROJECT DEPENDENT - Preliminary Report of Commissioning that corresponds to the Commissioning Plan provided with the permit application. The Final Report of Commissioning is to be provided to the Owner. DS does not require or accept the final Commissioning report, which only is provided to the Owner. The City form for this report is attached. The preliminary report for mechanical and plumbing hot water systems should include an itemization of deficiencies found that have not been corrected by the time of the report, list of deferred tests not accomplished because of climatic conditions, and conditions necessary for scheduling of deferred tests. The report should address the following in particular: a. Mechanical, and service hot water commissioning — Air system balancing, hydronic systems balancing C408.2.2; 6.7.2.3.1 b. Functional Performance Testing of HVAC and Hot Water System Equipment and Controls C408.2.3; 6.7.2.4 C. Lighting System Controls Functional Testing C408.3; 9.4.3. Under the 2015 IECC, lighting system controls testing is always required for all commercial projects. A letter from the registered design professional or commissioning agent that follows the requirements in C408.3.1 will fulfill this requirement. This includes in particular: a. Occupant sensor controls, applicable for all projects C405.2.1 b. Time switch controls, applicable for all projects C405.2.2 c. Daylight responsive controls, where applicable C405.2.3 d. Specific application controls, where applicable C405.2.4 (display lighting, display cases and hotel, motel rooms. e. Exterior lighting controls, where applicable C405.2.5 C. PROJECT DEPENDENT - Duct Leakage Test Results - If applicable to the project. For ducts designed to operate in excess of 3 in water gauge and all ductwork outside conditioned space 6.4.4.2.2, or Section C403.2.9.1.3. The City form for this report is attached. D. PROJECT DEPENDENT - Pressure Testing of the Envelope Test Results (under Section C402.5) (if applicable). The City form for this report is attached. All reports/letters listed above to clear inspection may uploaded to the building permit through the DS Dynamic Portal software system or may be e-mailed to the DS Project Manager assigned to the Commercial project. PART III — RESPONSIBILITES FOR ENERGY REVIEW AND SPECIFIC SUBMITTAL REQUIREMENTS The project Designer and/or Architect and Engineers (A/E) will perform some reviews/quality checks for the building design in regards to energy compliance. The Designers and/or A/E will submit a required statement Page 7 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 10 OF 22 (or multiple statements from the designers, architect and engineers) that the item(s) under their responsibility were reviewed for energy compliance. (The form to be submitted is the "Designer/Architect/Engineer's Letter of Energy Review" provided). For those items the City will not perform an additional review. But it is expected the information is on the plans as indicated in the next few tables. The following tables describe individual responsibilities in more detail, indicating what should be on an Architectural Energy Summary Sheet and on MEP Energy Summary Sheets. In addition the daylighting areas and building thermal envelope is required to be shown in the plans. Items to Provide for review on an Architectural Energy Summary Sheet Section of Section of Description IECC ASHRAE Comment Provide the intended R-Value of roofs, C402.1.3 5.5.3 If using the Table C402.1.3 - Provide R- alls and slabs Prescriptive Prescriptive Value for the building thermal envelope Path Only Only Energy Summary Sheet 35 4 5 1. . . Provide the Assembly method U- C402. If using the Assembly method for the Factors, C-Factors and/or F-Factors Prescriptive Prescriptive building thermal envelope Path Only Only Provide the Roof solar reflectance and C402.3 5.5.3.1.1 Provide minimum initial Solar hermal emittance (3-year), or Solar Prescriptive Prescriptive Reflectance of 0.35 or a minimum Solar Reflectance Index (3-year) for low slope Path Only Only Reflectance Index of 29. roofs 5.5.4.2.1, Provide indication to use daylight Provide the Percent of windows in each C402.4 Table 5.5-2 responsive controls to increase all area Prescriptive Prescriptive fenestration area, and indication of Only Only meeting requirements in C402.4.1.1. C402.4 5.5.4.2.2, Provide indication to use daylight Provide the skylight area as a Prescriptive Table 5.5-2 responsive controls to increase skylight percentage of the roof area Only Prescriptive area, and indication of meeting Only requirements in C402.4.1.2. Where skylights are required by C402.4.2 5.5.4.2.3 C402.4.2 for certain spaces, provide Prescriptive Prescriptive Provide Visible Transmittance of chosen daylight zone as a percentage of that Only Only skylight(s) and well factor(s) floor area/space. Provide maximum U-factor and SHGC C402.4.3 5.5.4.3, for specified fenestration and Prescriptive 5.5.4.4 Provide Area weighted LI-Factors where or skylights Only Prescriptive appropriate Only Indicate whether Air Leakage C402.5.1.2 5.4.3.1 Provide details of air permeability of requirements will be met by Materials, Always Always materials, or air leakage rate of Assemblies or by Testing during Required Required assemblies. Provide air sealing details. construction Page 8 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 11 OF 22 Architectural Items required on an architectural plan sheet Section of Section of Description IECC ASHRAE Comment Provide location of skylights and Provide locations and dimensions of both location and dimensions of daylight C103.2 top light daylight zones and sidelight ones on floor plans daylight zones Indicate the location of the building thermal envelope on a floor plan and on 5.7.4 elevation Items to Provide for review on a MEP Enerc y Summary Sheet Description Section of Section of Comment IECC ASHRAE Total BTU/h for Cooling and Combined C403.2.1 6.4.2.1 BTU/h for Heating/Hot Water Always Always For Commissioning Requirements Required Required HVAC Equipment and systems controls: C403.2.4 6.4.3.1 thermostat controls, location/description Provide description/narrative of HVAC Always Always of heating and cooling zones, description controls: Required Required of the dead- band, set point overlaps, off-hour controls and controls for shutoff dampers Greatest Air Flow Rate of each Fan C403.2.7 6.5.6 To Determine the need for an Energy System and Percent of Outdoor Air, Recovery Ventilation System for a Provide the percent of outdoor Air at full Always Prescriptive Cooling System (not required for design airflow Required Path Only Heating) Design Air Flow of Spaces, Presence of C403.2.6.1 6.4.3.8 Air Side Economizers, Presence of Always Always To determine the need for Demand Automatic Modulating Control of Required Required Controlled Ventilation Outdoor Air Dampers Narrative of Enclosed Parking Garage C403.2.6.2 6.4.3.4.5 To determine the need for configuring Ventilation Always Always Required Required the staging/modulating of fans To Check for the need for listed factory Provide Kitchen Exhaust System Air C403.2.8 6.5.7.1 built kitchen hoods and check Balancing; provide total kitchen hood Always Prescriptive airflow/balancing - Replacement Air for exhaust flow rate for each hood. Required Path Only kitchen exhaust hoods, balance with hood exhaust flow rates, transfer air, total building required exhaust flow rates; Page 9 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 12 OF 22 Provide a narrative of controls for walk- C403.2.15 6.4.5, 6.4.6 in coolers, freezers and refrigerated Always Always warehouses and refrigerated display Required Required cases Provide capacity of each cooling unit. C403.3 Only under 6.5.1 Provide total chilled water system the Prescriptive To determine the need for economizers capacity minus capacity of cooling units and where an exemption is taken. with air economizers if applicable Prescriptive Path Only Path Provide narrative of the economizer controls if required. Provide the type of C403.3.3 economizer provided; showthatan air Only under 6.5.1 economizer can supply 100% of design the Prescriptive Show that fault protection is provided supply air as outdoor air. Show design Prescriptive Path Only of water-side - 100% of cooling load as Path p y outdoor air not greater than 50 degrees F Provide description/narrative of controls or Hydronic and multiple- zone HVAC C403.4, systems equipment, any heat rejection C403.4.4 6.5.2, 6.5.3, equipment and fan speed control, and Only under 6.5.4 Details of Hydronic and multiple zoned AV systems; Provide the Prescriptive systems, fan speed control description/narrative of controls for Prescriptive Path Only complex mechanical equipment serving Path multiple zones Provide the narrative/description of the C404.7 7.4.4 controls for a hot water recirculation Always Always pump or heat trace system Required Required Provide a narrative of the lighting controls (occupant sensor function, time C405.2 9.4.1 switch controls, light reduction controls, Always Always manual controls and daylight - Required Required responsive controls in daylight zones). Provide the total interior lighting power C405.4.1 9.5 9.6 Provide the result from Equation 4-9 calculated under Equation 4-9 Always Always C405.4.1 See 9.1.3 in ASHRAE C405.4.1. Required Required Provide the interior lighting power C405.4.2 9.2.2 Provide the calculation result of the calculated under C405.4.2 - Building interior lighting power using either the Area Method C405.4.2.1 or the Space Always Prescriptive Building Area Method C405.4.2.1 or the by Space Method C405.4.2.2 Required Path Only Space by Space Method 14. Provide the comparison of the two C405. 9.2.2.3 Total lighting power calculated under above calculated interior power - and C405.4.2 Prescriptive C405.4.1 can't be greater than interior C405.4.1 vs C405.4.2 Always Required Path Only lighting power calculated under C405.4.2 Page 10 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 13 OF 22 C405.5.1 Tables 9 4 2 Provide a narrative of external lighting Provide summary of the total exterior C405.5.2 power, and results of calculations of the lighting power (1) and (2) Always exterior lighting power in regards to the Always Required allowable exterior lighting power Required C406 Only Provide details of an Additional Energy under the Not Package chosen Prescriptive applicable Path PART IV—COMMISSIONING REQUIREMENTS An Architect or Engineer licensed under the Texas Board of Architectural Examiners or the Texas Board of Professional Engineers may perform commissioning and submit the Preliminary Report of Commissioning. Along with the report, submit the City form provided. As an option to a Texas licensed design professional, the Architect, Contractor or Owner may engage the services of a certified commissioning agent to perform the commissioning and provide the Preliminary Report of Commissioning to DS. There are a number of organizations that train, and certify commissioning agents. These certifications include: CBCP — Certified Building Commissioning Professional —Association of Energy Engineers CCP— Certified Commissioning Professional — Building Commissioning Association CPMP — Certified Process Management Professional —ASHRAE CxA— Certified Commissioning Authority—AABC Commissioning Group This list is not exhaustive. Other options exist for nationally recognized certifications. To hire commissioning agents that have other certifications, these certification agency requirements must be approved by DS. PART V— LIST OF MANDATORY REQUIREMENTS OF THE 2015 IECC OR ASHRAE 90.1-2013 If ASHRAE 90.1-2013 is Chosen, there is a Prescriptive Path (Sections 5 through 10) and an Energy Cost Budget Method (Section 11). Customers must choose one or another. Mandatory provisions of the Energy Cost Budget Method (Section 11) are: A. Section 5.4 Thermal Envelope Mandatory Provisions: Insulation, Fenestration, and Air Leakage B. Section 6.4 HVAC Mandatory Provisions: Minimum Efficiencies, Equipment Sizing, HVAC Controls, HVAC construction and Insulation, Walk-in Coolers and Freezers C. Section 7.4 Service Water Heating Equipment: Load Calculations, Equipment Efficiencies, Insulation, and Controls D. Section 8.4 Electrical Mandatory Provisions: Maximum voltage drop, Receptacle Control, Energy Monitoring; Low Voltage Dry Type Distribution Transformers E. Section 9.4 Lighting Mandatory Provisions: Lighting Controls (Interior and Exterior), Functional Testing F. Section 10.4 Other Mandatory Provisions: Electric Motors, Service Water Pressure Booster Systems, Elevators, Escalators and Moving Walkways, Whole Building Energy Monitoring G. Energy Cost Budget less than or equal to the Design Energy Cost (Software for Energy Cost Page 11 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 14 OF 22 Budget — DOE-2, BLAST, other software that complies with Section 11.4.1.1) Mandatory Provisions of the ASHRAE 90.1-2013 Prescriptive Path are: A. Section 5 Building Envelope; Sections 5.1, 5.2, 5.3, 5.4, 5.7, 5.8 and either a. Section 5.5 OR b. Section 5.6 B. Section 6 HVAC; Sections 6.1, 6.2, 6.7, and either a. Section 6.3 OR b. Section 6.4 and 6.5 C. Section 7 Service Water Heating; All of Section 7 D. Section 8 Electrical Power; All of Section 8 E. Section 9 Lighting; Sections 9.1, 9.2, 9.4, 9.7, and either a. Section 9.5 OR b. Section 9.6. If the 2015 IECC path is Chosen, there is a Prescriptive Path (Sections C402 through C406) and a Total Building Performance Path (Section C407). Customers must choose one or another. Mandatory provisions of the Total Building Performance Path (Section C407) are: A. Section C402.5 Air Leakage B. Section 403.2 HVAC; Minimum Efficiencies, Equipment Sizing, HVAC Controls, Energy Recovery Ventilators, HVAC construction and Insulation, Fan Horsepower and Efficiencies, Walk-in Coolers and Freezers C. Section C404 Service Water Heating D. Section C405 Electrical Power and Lighting E. Section C407 Total Building Performance; Building Energy Costs shall be equal to or less than 85% of the standard reference building design F. Section C408 System Commissioning Mandatory Provisions of the 2015 IEC Prescriptive Path are: A. All of Sections C402 through C405; Building Envelope, HVAC, Service Water Heating, Power and Lighting B. Commercial Buildings must comply with C406 Additional Efficiency Package (Chose one of 6 options) C. Tenant Spaces must comply with C406.1.1 (either one of the following) a. Where the shell building is not in compliance, tenant spaces must comply with one of the following additional energy efficiency packages: i. C406.2 or ii. C406.3 or iii. C406.4 or iv. C406.6 or v. C406.7 b. Where the shell building is in compliance, comply with C406.5 On-Site Renewable Energy Page 12 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 �. PAGE 15 OF 22 \, Designer/Architect/Engineer's Letter of Energy Review r� Project Name Project Address Project Permit # The project referenced above is being designed under the commercial provisions of the 2015 IECC or ASHRAE 90.1-2013. We have reviewed the design of this project for the following energy related items. It is our opinion that the items checked below, as designed, meets the substantial intent of the 2015 IECC or ASHRAE 90.1-2013. Items not checked will be provided to DS for review with application submittal for a building permit. Code Section a b Checked Not Required Reference Yes/No for Pro'ect Insulation materials/Assemblies and their C402.1, C402.2, R-values/U- Factor or Component 5.5.3 Performance (calculations) Roof Solar Reflectance and Thermal C402.3, Emittance 5.5.3.1.1 Fenestration U-factors and solar heat gain coefficients (SHGCs), Percentage of vertical fenestration to wall area, and C402.4, 5.5.4.2 percent skylights to roof area Area-weighted U-factor and SHGC calculations, Area weighted calculations, details of dynamic glazing, C402.4.3, 5.5.4.6, 5.5.4.5 Calculations for fenestration orientation 5.5. (ASHRAE) Air Barrier—materials and assemblies C402.5.1.2, compliance 5.4.3.1.3 Mechanical system design criteria - C403.2.2, Calculations for Sizing Equipment & 6.4.2.1 Controls, Sequence of Operation Economizer C403.3 Demand Control Ventilation C403.2.7 Kitchen Exhaust System C403.2.8 Energy Recovery Ventilator C403.2.7 Mechanical and service water heating C403.2.3, C404.2, system and equipment types, sizes 6.4.1.1, and efficiencies 7.4.2 Calculations for Maximum Hot Water C404.5 Volume or Length (IECC) Lighting Controls C405.2 Page 13 of 17 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 16 OF 22 Efficiency rating of all refrigeration and freezer C403.2.14, equipment 6.4.1.1 Economizer fault detection and diagnosis C403.2.4.7 Fan motor horsepower (hp) and controls efficiencies C403.2.12, 6.5.3.1 HVAC duct and plenum sealing, and insulation details, C403.2.9, Hot Water Piping fluid temperatures and insulation C404.4, 6.4.4.1.2-3 Lighting fixtures — Calculations for total connected C405.4.1, interior and exterior power C405.5.1, 9.2.2.3, 9.4.2 Calculations for interior lighting power by the building C405.5.1, 9.2.2, area method or the space by space method 9.5, 9.6 Notes a. Some code sections may not be applicable dependent on the chosen compliance path b. Code References: Cxxx.x refers to an 2015 IECC section; while 5.x.x, 6.x.x etc., refer to a section in ASHRAE90.1-2013 If you have any questions, please call. Respectfully, [Designer/Architect/Engineer Signature Herel Provide on Firm Letterhead or Provide Contact Information: Name: Firm/Company name: Address: E-Mail: Phone: 2015 Commercial International Energy Compliance System Letter(s) Pre-Commissioning / Testing Reports Your Name: Company Name: Address: Phone: Email Address: Project Permit Number(s): Project Address: Building Number(s): Suite Number: The following Energy Conservation Letters Section may be filled out by the Architect, Engineer, or Energy Consultant. The following checked items/systems were installed on between dates ; verified on date(s) and consisted of the following energy verifications. (Check each you are confirming) Energy Conservation Letters ❑ Building Thermal Envelope—Insulation (REQUIRED) ❑ Mechanical Systems Verified or NA? Wall Insulation R-Values Verified or NA? Minimum Equipment Efficiencies (REQUIRED) Verified or NA? Ceiling Insulation R-values Verified or NA? HVAC System Controls (REQUIRED) Verified or NA? Air Barrier Verified or NA? Duct Insulation and Sealing (REQUIRED) Building Thermal Envelope- Verified or NA? Energy Recovery System Roof Reflectance Verified or NA? Kitchen Exhaust System Verified or NA? Roof Solar Reflectance &Thermal Emittance Verified or NA? Demand Controlled Ventilation Verified or NA? Fan Efficiencies Building Thermal Envelope—Windows Verified or NA? Economizers (REQUIRED) Verified or NA? Fenestration U-factors SHGC, and VT Verified or NA? Walk-in Coolers Freezers/Refrigeration Verified or NA? Minimum and Maximum Skylights ❑ Electrical Systems(REQUIRED) ❑ Plumbing—Service Hot Water Systems Verified or NA? Occupant Sensors Verified or NA? Water heating Equipment Efficiencies Verified or NA? Time Switch Controls Verified or NA? Hot Water Piping Insulation Verified or NA? Daylight Responsive Controls Verified or NA? Controls for Hot Water Recirculation Verified or NA? Electric Motor Efficiencies ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 17 OF 22 ` 2015 Commercial International Energy Compliance System Letter(s) L Pre-Commissioning / Testing Reports Provide the following information: (provide details for designs with varying values - Provide on a separate sheet as needed) Place "N/A" for items that do not apply to the project R Values or U-Factors of the Roof system/Ceiling R Values or U-Factors of the Exterior Envelope Walls R Values or U-Factors of Floor if applicable Roof Solar Reflectance / Thermal Emittance Fenestration — Vertical Window and Skylights U-Factors, Solar Heat Gain Coefficients, and Vertical Transmittance Insulation R Values of Mechanical ducts Insulation R Values of Plenum Insulation R Values of Plumbing Hot water piping systems Mechanical Equipment Efficiencies (in units as appropriate to the particular equipment) Plumbing Hot Water Equipment Efficiencies (in units as appropriate to the particular equipment) CERTIFICATION STATEMENT: By checking this box, I am confirming that at the time of this test/inspection all items checked and noted above were installed, tested and/or inspected in accordance with the 2015 International Energy Code. I am affirming that this project is consistent with the City approved plans and the Energy Compliance Path chosen during design and permitting. Date: Name (Print): Title/Designation: Name (Signature): ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 18 OF 22 2015 Commercial International Energy Compliance System Letter(s) Pre-Commissioning / Testing Reports Project Name: Project Address: Permit#: The following Pre-Commissioning Statement may be filled out by the Architect, Engineer, or Certified Commissionin_g Agent Pre-Commissioning Report— Testing Reports for High Pressure Ducts and/or Air Barrier (Attach report(s) with this form) (Check which Pre-Commissioning and/or Testing Report is being submitted to fulfill requirements required by the project—Check any that apply. Code sections reference the 2015 IECC) ❑ Mechanical System Commissioning Verified or NA? System Adjusting and Balancing C408.2.2 Verified or NA? Functional Performance Testing, Equipment Controls and Economizers C408.2.3 ❑ Commissioning Hot Water Recirculation Controls C408.2.3.2 ❑ Commissioning Electrical Functional Testing of Controls C408.3 Verified or NA? Occupant Sensor Controls Verified or NA? Time Switch Controls Verified or NA? Daylight Responsive Control ❑ Duct Leakage Testing for High Pressure Ducts if applicable C403.2.9.1.3 ❑ Building Pressure Testing of the Air Barrier (if required) C402.5.2 CERTIFICATION STATEMENT: Qualified individuals from this office visited the site to perform the Pre-Commissioning or Duct/Air Barrier Testing checked above for general conformance with the previously submitted Commissioning Plan / Architect Engineer's design and requirements of the 2015 International Energy Conservation Code. In my opinion, based on our experience, knowledge, information and belief, the Pre-Commissioning and/or Testing Report(s)submitted accurately reflects the testing of controls or systems checked above. Date: Name(Print/Signature): Title/Designation: Professional License or Commissioning Certification Number: ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 19 OF 22 ADDENDUM NO. 1 • COMMERCIAL BUILDING PERMIT APPLICATION ATTACHMENT NO. 3 City Code of Ordinances Chapter 14 Development Services Section 14.231. Buildin 9code. (8) PAGE 20 OF 22 Application Type: ❑ Site Work Only ❑ New Construction ❑ Tenant Finish-Out ❑Accessory ❑ Shell Building ❑Addition ❑ Remodel ❑ Demolition ❑ General Repair ❑ Certificate of Occupancy Project Name: DEVELOPMENT SERVICES 2406 LEOPARD STREET Project Address: CORPUS CHRISTI,TX 78408 (361)826-3240 Subdivision: LT BLK (361)826-4375(FAX) PermltRequestsC@cctexas.com Property Tax ID - - Previous Use: Proposed Occupancy Type: Construction Type: (TYPE I-A,I-B, II-A, II-B, III-B, IV,V-A,V-B etc.) Sprinkler System: ❑ YES❑ NO Fire Alarm: ❑YES❑ NO Platted Property: ❑YES ❑ NO *property must be platted to issue building permit* Description of work in detail: 1. EAB M Area of Work Project Cost Accessibility: Texas Department of Licensing JIT Floor Sq. Ft. Building: and Regulation requires an EAB(Elimination of Architectural Barriers)Project#for all 2"D Floor Sq. Ft. Mechanical: PROJECTS greater than or equal to$50,000. (Website: www.tdIr.state.tx.us) 3RD Floor Sq. Ft. Electrical: 2. Effective January 10,2012-Section 14-231. Building code. (19)107.1.1 Texas 4T" Floor Sq. Ft. Plumbing: Department of Health Requirements. (Asbestos surveys required for renovations Total Square Footage: Total Project Cost: and demolitions) Ordinance#029343 ❑ASBESTOS SURVEY PROVIDED (Include additional floors on a separate sheet) I I ❑ DOES NOT APPLY Names E-Mail Address, City,Zip Phone# CONTRACTOR: PROJECT CONTACT: OWNER: ARCHITECT/ENGINEER/DESIGNER: CITY PROJECT MANAGER: ENERGY COMPLIANCE INSPECTOR: (NEW ADDITIONS) ENERGY COMPLIANCE OPTION TO BE UTILIZED: ❑PRESCRIPTIVE ANALYSIS ❑PERFORMANCE ANALYSIS COMMISSIONING AUTHORITY: WINDSTORM COMPLAIANCE OPTION TO BE WP1-1 (NEW BUILDINGS AND ADDITIONS) UTILIZED: WPI-3 ALTERATIONS TO EXISTING STRUCTURES Please provide Company Name and Contact Person for each field Office Use- Print Signature Name Phone Number Permit#: Expedited: ❑YES ❑ NO Signature of Contractor or Authorized Agent Date Staff Initials: Intake Date: Signature of Owner(If Owner is Builder) Date Revised 9/28/2016 3RD PARTY INSPECTOR NAME OF BUSINESS ADDRESS PHONE# E-MAIL CERTIFIED BY EXPIRES Atwell,Dondi ATS Engineers Inspectors&Surveyors 4910 W Hwy 290,Austin,TX 78735 512-328-6995 dondi atwell@ats-engineers.com RESNET7069183 9/28/2019 Bellview,Kelly ATS Engineers Inspectors&Surveyors 4910 W Hwy 290,Austin,Texas 78735 512-328-6995 kelly bellview@ats-en¢ineers.com HERS RATER 10/17/2017 Chatham,Aaron 1&M AC,Inc 420 E.Concho,Rockport,Texas 78382 361-537-7735 coastalhcd2@mail.aireserv.com HERS RATER 2/18/2017 Frazier,Jeffery ATS Engineers Inspectors&Surveyors 4910 W.Hwy 290,Austin,TX 78735 512-328-6995 ieffrev frazier@ats-en¢ineers.com HERS RATER 1/28/2017 Garcia,Chris Bath Group,Inc 5656 S.Staples,Corpus Christi,TX 78411 3619922284 cgarci(c@bathgroup.com PE#108596 3/31/2019 Garcia,Daniel Daniel Garcia 2928 Shannon Ln,Grand Prairie,TX 75052 214-801-4343 dgarcia0108@gmail.com RESNET#8205728 11/30/2019 Gutierrez,Mauricio ATS Engineers Inspectors&Surveyors 4910 W.Hwy 290,Austin,TX 78735 512-328-6995 mauricio gutierrez@ats-engineers HERS#0633515 10/11/2018 Hall,Jason ATS Engineers Inspectors&Surveyors 4910 W.Hwy 290,Austin,Tx 78735 512-328-6995 Jason hall@ats-engineers.com HERS#2281160 7/25/2019 Lara,Daniel Innovation Engineering Consultants,PLLC 10637 Leopard St 361-504-4074 dlara@iecmep.com PE98443 9/30/2017 Lewis,Stephen South Texas Energy Rater 2125 Richland,Corpus Christi,Texas 78418 361-779-9324 Slewis30@stx.rr.com HERS RATER 12/31/2016 Martin,Scott Energy Rating Solutions 5638 Bear Lane 361-653-2410 scott@acdi.us RESNET/HERS 1 12/31/2019 Mountfort,Clinton Bluegill Energy 1515 Witte Road,Houston,TX 77080 281-802-1224 clintonbluegillenergy.com HERS/RESNET 12/31/2017 (c@ ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 21 OF 22 Munoz,Ramiro III Munoz Engineering 1608 S.Brownlee Blvd,Corpus Christi,TX 78404 361946-4848 ram@munozenRrR.com PE 100346 12/31/2017 Rodriquez,Jr.Carlos Top Build Home Services 6241 Choctaw Dr,Corpus Christi,Texas 78415 361-244-3125 carlos.rodriRuez@topbuild.com HERS RATER 1/9/2020 Saldana,Miguel 1.Perales Civil Engineering&Planning Svcs P.O.Box 260547,Corpus Christi,TX 78426 361-443-1070 msaldana6476@¢mail.com RTIN#58066102 1/1/2020 Shaheen,Fady Coastal Bend Energy Raters 6126 Lago Vista Dr,Corpus Christi,TX 78414 361-728-3996 fady shaheen@Vahoo.com RTIN#2166394 1/20/2020 Shipwash,Holly Top Build Home Services,Inc 260 Jimmy Ann Dr,Daytona Beach,FL 32114 866-912-7233 testinRtx@topbuild.com RTIN#0644029 10/13/2017 Smith,Chris ATS Engineers Inspectors&Surveyors 4910 W.Hwy 290,Austin,TX 78735 512-328-6995 chris smith@ats-enRineers.com HERS 9/28/2017 Valenzuela,Michael Gulf Coast Insulation 734 Rancho Seco,Rivera,TX 78379 361-834-5383 michaelvalenz22@hotmail.com Resnet 356068 8/31/2017 Zamora,Jorge A J&L Insulation&Energy Innovations,LLC 316 Kentucky Street 361-661-0848 liorge.zomoraPilinsulationandener HERS RATER 1 12/31/2017 ADDENDUM NO. 1 ATTACHMENT NO. 3 PAGE 22 OF 22 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Prn9 r4-:%s 10< C', en r�c..� r��u... �s ` +�-• (type or print name of company)on:Wednesday July 191h,2017 for West 19uth Pool Renovations(Bond 2012)Project No. E14007. 1.02 Submit Bids,Bid Security and all attachments to the Bid(See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check,please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—WEST GUTH POOL RENOVATIONS(Bond 2012),Project No.E24007 Ail envelopes and packages(including FEDEX envelopes)must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: 5 ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 00 30 00-1 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 14 OF 37 R-01-"-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relaying to Hazardous Environmental Conditions, if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder, B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and ADDENDUM No. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-2 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 15 OF 37 Rev01.13-2016 D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder,and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and In accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as Indicated In the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,Information and observations obtained from visits to the Site,reports and drawings Identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for. Base Bid $ 31?1�f� %'19 1. 6 a Add Alternate 1 $ 3,9 '0 0© '9 a Add Alternate 2 $ 70 ,2 o 0 p D Add Alternate 3 $ ,7 S+ , D p O - 0 -') Deduct Alternate 4 $ 21 , O O d The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid.Owner will,at its discretion,award the contract to the lowest responsible Bidder for the Base Bid,plus ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003()00-3 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 16 OF 37 '01"20" any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidders responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 210 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required forfinal payment in accordance with Paragraph 15.06 of the General Conditions within 240 days afterthe date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 00 30 00-4 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 17 OF 37 Rev01 za-2016 D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,orthe Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 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. ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT NO. 1 003000-5 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 18 OF 37 Rev a"2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: ` y Bidder: r�r .5-C m rn.'r-"-4 (typed or intedfulllegal name of Bidder) By: 0 1 (Individual's signature) Name: .z (typed or printed) Title: pr-� (typed or printed) Attest: (� la"&" Undividul signature) State of Residency: Federal Tax Id. No. 7G - 4 7- D /S Address for giving notices: 211 77 7-3 Phone: 2- 2, Z Email: f'12rr 4 0-a— (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, orjoint venture.) END OF SECTION ADDENDUM NO. I Bid Acknowledgement Form ATTACHMENT NO. 1 003000-6 West Guth Pool Renovations(Bond 2012) Project No. E14007 PAGE 19 OF 87 ReV01-13.2016 00 30 01 BID FORM Project West Guth Pool Renovations(Bond 2012) Name: Project#: E14007 Owner. Cky of Corpus Christi Bidder: OAR: Designer. ITurner)Ramirez Architects Basis of Bid Item DESCRIPTIONUNIT QUANT'r Y UNCI'PRICE IrEffENDEDAMOUNT Part A-BASE BID(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION LS 1 yo d A2 BONDS AND INSURANCE LS 1 A3 POOL RENOVATIONS AND NEW MECHANICAL ROOM LS 14 3,04 A4 ADA IMPROVEMENTS LS 1 -/0, p SUBTOTAL PART A-BASE BID(Item Al A4) Part 8-ADDITIVE ALTERNATE NO.1 (per SECTION 012310 ALTERNATES AND ALLOWANCES) 81 ICUMBING WALL SUBTOTAL PART B-ADDITIVE ALTERNATE NO.1(81) Part C-ADDITIVE ALTERNATE NO.2 per SECTION 012310 ALTERNATES AND ALLOWANCES) Cl ISPRAY FEATUREST LS SUBTOTAL PART C-ADDITIVE ALTERNATE NO.2(Cl) Part D-ADDITIVE ALTERNATE NO.3 (per SECTION 0123310 ALTERNATES AND ALLOWANCES) D1 ICOOL DECK COATING ON BASE BID POOL DECK LS SUBTOTAL PART D-ADDITIVE ALTERNATE NO.3(131) Part E-DEDUCTIVE ALTERNATE NO.4 (per SECTION 012310 ALTERNATES AND ALLOWANCES) El IDEDUCT NEW FENCING AROUND POOL LS 1 p 21 1 SUBTOTAL PART E-DEDUCTIVE ALTERNATE NO.4(El) BID SUMMARY TOTAL PROJECT BASE BID(PART 3 p TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PART B) o TOTAL PROJECT ADDITIVE ALTERNATE NO.2(PART C) o TOTAL PROJECT ADDITIVE ALTERNATE NO.3 PART D) a. , o a TOTAL PROJECT DEDUCTIVE ALTERNATE NO.4(PART E) ,.p Contract Times Bidder agrees to reach Substantial Completion in 210 days 'Bidder agrees to reach Final Completion in1 240 Idays Bid Form ADDENDUM NO. 1 �Atest Guth Pool Renovations(Bond 2012 Project No.E14007 ATTACHMENT NO. 1 Page 1 of 1 1 ro3 Rev W-134036 PAGE 20 OF 37 GST J Pari 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: pf /l � ,, r"sSl+/�t lGme�G� f /��ur. SGS. ped or printed} By: (signature--attach evidence of authority to sign) Name; (typed or printed) Title: fl r c 5 f /z,-- Business address: y p �;�2 ��( 2 Phone: 2 SI- rFg Z- D 2 Z Email: e r r s � 8ro cz I L O--A e v END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 West Guth Pool Renovations (Bond 2012) Project No.E14007 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER .= PURCEIASSIGNED ING DIVISION CITY OF CORPUS CHRISTI Cky of Chnsti 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 `'IIA". See reverse side for Filing Requirements, Certifications and definitions. / COMPANY NAME: t g q r e 5� 1 J�C e9 mm ,-r C.�,�,� ��t s.4,, I e.5 . qz,�n e— P.O.BOX: STREET ADDRESS: �S/p �,¢22d.lrl /M CITY: �10-pLe 7�p n ZIP: 77 c 7 3 FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association LJ 5. Other DISCLOSURE QUESTIONS If additional space is necesp7,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 ,r f 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 J J Title — r 3. State the names of each"board member"of the City of Corpus Christi having an`ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named'Tim." Name +I ),4 Consultant City of Corpus Christi 00 30 05-1 Disclosure of interest aevot-13-2016 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: J, t�IArr 5 q V1 Title: pr le 6 rrvpe or Print) s Signature of Certifying Date: 1 -7 Person: F 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. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: WEST GUTH POOL RENOVATIONS BOND 2012 PROJECT NO. E14007 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: A- a r f15 S I✓"� �D M YVI 0--(- (typed or printed) By: C; 1 (signature--attach evidence of authority to sign) Name: -J_ Li r I S A V/ f (typed or printed) Title: Pr 211 6 / /-.� / Business address: fi'z •L"U/ A? A0 67` d i1 _f 7-Y 72 5 Phone: l) - qe2- Dom/ Z Email: i s i) j-e) 2 tc-ti-I e- U END OF SECTION Non-Collusion Certification 003006-1 West Guth Pool Renovations(Bond 2012) Project No.E14007 11-26-2013 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lafl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-238264 Progressive Commercial Aquatics, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/18/2017 being filed. City of Corpus Christi,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. (Bond2013)Project NO. E14007 West Guth Pool Renovations 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 5 Check only if there is NO Interested Party. El X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. VANESSA ROJAS - IIDTJIlKPIlBLIC SUI>c OF 7Ex'.:: I is _ MY 04A11Y.EXP 6!'221202 i � j NOTARY ID 12945655 �, v / *+—~'' r rf. ignature of authorized agent of contracting 16usiness entity AFFIX NOTARY STAMP 1 SEAL ABOVE }, Sworn to and subscribed before me,by the said T �141 1S �� this the 4 �t�l day of 20 1-1 ,to certify which,witness my hand and seal of office. \JA1VQ2LQS � l � Signature of cWcer administering oath Printed name of officer ad ininistering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 t T• i' 4 t S 1 } Llj�e Interchange Corporate Center [vJ 450 Plymouth Road,Suite 400 mutua. Plymouth Meeting, PA. 1 9462-1 644 4 Ph.(610)832-8240 BID BOND Bond Number: BID KNOW ALL MEN BY THESE PRESENTS,that we Progressive Commercial Aquatics, Inc. 2510 Farrell Road, Houston, Texas 77073 , as principal(the"Principal"), and LIBERTY MUTUAL. INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto City of Corpus Christi City Hall Building, 1st Floor, 1201 Leopard Street, Corpus Christi, Texas 78401 , as obligee(the"Obligee"), in the penal sum of Five Percent Greatest Amount Bid Dollars($ 5% GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: West Guth Pool Renovations(Bond 2012); Project No. E14007 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty(60)days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above,. within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 19th day of July 20 17 WITNESS 1 ATTEST Progressive Commercial Aquatics, Inc. (Principal) 1 By: (Seal) Name: i. _7T-rr s 9 v 1 5 Title: '" LIBER MUTUAL IN &NCO.PAINJY reBy: rn (Seal) Attorney-in-Fact Dennis M. Descant Jr. LM I C-5000 Rev.03104 r. ftrl►lit,,'?•'+• THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomey limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7749683 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alicia Cantavella;Cheryl A.Sanders;Dennis M.Descant,Jr.;Jeffrey Lee Brady all of the city of Houston state of TX each individually if there be more than one named,its true and lawful attomey4n-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 27th day of April 2017 titV!NS(, ,tNSVq ,.;,:N?UR� .il�,:�+"=4'•,r.�sy �JP,Vy;,^,3Ra,j'Y�, 4C ,..:+:"1�;4j; The Ohio Casualty Insurance Company N 0 1919 0 1912 1991 r Liberty Mutual Insurance Company = o N e *t West merican Insurance Company d 1 * * * By: ��"`' >� F STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary M M COUNTY OF MONTGOMERY C d = On this 27th day of April 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance V t- 0 a) Company,The Ohio Casualty Company,and West American Insurance Company.and that he,as such, being authorized so to do,execute the foregoing instrument for the purposes p a therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (D W M s E >ir > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O CL 3 Sp, PASp COMMONWEALTH OF PENNSYLVANIA �/A w I G%��� Q�! 't3 �Q Q��onw� << Notarial SealsLGW fl((, r.7 Teresa Pastella,Notary Public By: O 0 ` OF Upper MenonTwp..Montgomery County Teresa Pastella,Notary Public ay aP My Commission Expires March 28,2021 ?y tis O Mernber.PermsyNano Assocorion of Nouirms O M a E C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Us p y Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Y o 0) M i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C S to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >,N O S acknowledge and deliver as surety any and all undertakings,bonds.recagnizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a 2 E 1y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so "R at p p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >Q the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. _'r .+ ,V C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, , > and subject to such limitations as the chairman or the president may prescribe,shall appoint such allomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, t M O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =o? Z u respective powers of attorney,shalt have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Lp Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- ~`� fact as may be necessary to act on behalf of the Company to make.execute,seal,acknowledge and deliver as surety any and all undertakings,bands,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked._ IN TESTIMONY-WHERBGF;t date hcrreynto set my hand and affixed the seals of said Companies this 19 t day of July _ 20 17 p 1319' o. '+ -. 1912 r>. - ,1991 By: 1a a Renee C.LI r ssistant Secretary 17 of 300 LMS 12873 022017 '` Iii ��n '.���R"~.,h L,��• i ✓ \ � I c - T Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede Ilamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: Interchange Corporate Center Interchange Corporate Center 450 Plymouth Road, Suite 400 450 Plymouth Road, Suite 400 Plymouth Meeting, PA I9462-1644 Plymouth Meeting, PA 19462-1644 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 coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection (111-I A) de Texas Consumer Protection (I 11-1 A) P. O. Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512)490-1007 FAX# (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: Cons umerProtection(r�tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con eI agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 Table 1-Organization Information Organization doing business as: I o r-e-ss I m t4 e -C i Business Address of Principal Office 2,3-10 2-c'Gl /?J IVP © i 77 -2"-'i d Telephone No. Zi i - y-o z z, Website U w w . Pro L.. . & Form of Business(check one) Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation ,e Date of Incorporation AP L �G Chief Executive Officer's Name _0A r,r s /),16v 1 t President's Name s Vice President's Name(s) ✓.t -. 019vi s Secretary's Name x+d is Treasurer's Name t/1 S f`a Partnership : ... Date of Organization Form of Partnership: ❑ General ❑ Limited If:an'individual Name Ownership of.Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership A- _ Organization.History List of names that this organization currently,has,or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date k Indicators of Organization.Size Average number of current full-time employees 0 Average estimate of revenue for the current year Statement of Experience 004516-4 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Previous.History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR)History for the last 3 years. Provide documentation of the EMR. Year 12,pl EMR I Year12,oll, 1 EMR Year I zol s-I EMR Previous Bidding and.Construction Experience:. Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. P Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. 1410 Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Xp Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. e.5 �a''7'`J^SJu.f"-� .�S J, ( 'S�U.,T �o� a ��t 5 Q�� Ca-7+S t►"w c�t u� c:�Y-�ec�5 Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. D Statement of Experience 004526-5 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 2-Project Information Organization doing business as: Proposed Project OrganizatioK— Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager / �� 1 r aW.PeA Superintendent 6'�'i ,¢✓/S Safety Manager L *A,,f- r 4 s Quality Control a Manager A V III -e Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price ��vP AJ D r r n '' Lks C s"o ,2� ►n -C u.,ti-t. I � o e ✓C L ne,,r ,ts tr k n O � v e �j e Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio(EMR)History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year pj EMR Year p/ EMR 4,! 7 Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: 3 `— P.roiect inforimation Project Description Name Reference C-orntact information Project Owner Name/Title Telephone Email Project Designer Project•Btidget and.Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect`information; Project Description Reference`Contact Information Project Owner Name/Title Telephone Email Project Designer :!Project,Budget and.P.,erformance. Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: P.roiect information Project Description Name Reference-Contactanformation Project Owner Name/Title Telephone I Email Project Designer Project.Budgetand Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: �o ,,,t m e Pfoiect.lnformation Projec Namet Description / Riference'Contact Information : Project Owner Namefritle Telephone Email Project Designer Project Budget•and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: 'Proiect`Infofmation' . Naome Description Reference Contact Information h "' Project Owner Name/Title Telephone Email Project Designer Project`gudget and Oerformance. Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Prosect Information Project Description Name Reference contact information Project Owner Name/Title Telephone Email Project Designer Project•Budgetand Pefformance: Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: PPOr t 5 s )-e— m mn:-, C 1 h .✓ ,ms s ;.Protect-lnfcrmation .. - -- Project Description Name Reference Contact Information r —' Project Owner Name/Title Telephone Email Project Designer Project'Budget'and Performance . Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect riforniation Project Description Name 'Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project:Budg:t pd Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect;lnformation Project Description Name ' Reference Contact-information Project Owner Name/Title Telephone Email Project Designer Proje&1Bu4get-and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004S16-9 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 4-Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I RI,I r-c v m &q-re-i A.-/ 4, .Bidder's Safety.-.Record and Experience*' Has the Bidder received any Citations for violations of OSHA within the past five(5)years?List Citations below (date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense,if any,and the penalty assessed. /V Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any,and the penalty assessed. /f 0 Has the Bidder,within the past ten(10)years,been convicted of a criminal offense or been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death?List convictions or judgments below and provide full details in a separate attachment if yes. 141D ..The:Owner will consider the following information:as additional•supportto make aAeterm�nation asito the responsibility of:the Bidder.The-Bidder must answer thefollowing cquestions and provide evidence that it`nieets' minimu_ni OSHA construction safety standards and has-a lost.time:injurylrate-that doescnot exceed the limits established.below: - 1 Does the Bidder have a written construction safety program? .erYes ❑No 2 Does the Bidder conduct regular construction site safety inspections? ,wYes o No 3 Does the Bidder have an active construction safety training program? ❑Yes ErNo 4 Does the Bidder,or affected subcontractor,have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding rr Yes ❑ No o N/A B. Excavation ,o'Yes ❑ No ❑ N/A C. Cranes&Hoists o Yes o No, -N/A D. Electrical es ❑ No o N/A Statement of Experience 00 4516-10 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table 4-Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: % rn ?V1-Z- -c,--1/ w/---71/& E. Fall Protection z"Yes 6 No o N/A F. Confined Spaces -erYes o No o N/A G. Material Handling ,m-Yes ❑ No o N/A H. Demolition es o No ❑ N/A I. Steel Erection o Yes o No ,EYIN/A J. Underground Construction o Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS")Category 23 for each of the past five(5)years?Provide the ,zrYes o No Bidder's OSHA 300 and 300A logs for the past five(5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidder's NCCI workers'compensation experience rating sheets for the past five(5) , 1es o No years in a separate attachment. 0 .�.?/_ / 7 Has the Bidder had any OSHA inspections within the past six(6)months? Provide 7 documentation showing the nature of the inspection,the findings,and the o Yes ErNo magnitude of the issues in a separate attachment if yes. Statement of Experience 00 45 16-11 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 Table S—Demonstrated Minority,MBE,DBE Participation Organization doing business as 'Project Subcontractors"and Suppliers. Provide a list of anticipated Minority, MBE,DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price Statement of Experience 00 45 26-12 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-22-2016 ARTICLE 5–CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: ✓c tib n� rn-���– C I u/ i. v7`� f cv ed ar printed) By: ,cry o /(individual's signature) Name: r i Leg y/ 5 (typed or printed) Title: (typed or printed) Designated Representative: Name: �, 04 . rs .� ✓i.� Title: Address: � jL,,z Telephone No.: &/- 5 a�t -� Email: rz�A u ric !i,— END OF SECTION Statement of Experience 004516-13 West Guth Pool Renovations(Bond 2012) Project No.E14007 Rev 06-22-2016 Progressive Commercial Aquatics, Inc. STATEMENT OF QUALIFICATIONS Progressive Commercial Aquatics, Inc. has been a dependable and progressive corporation since 1982 in Houston and in Austin,Texas since 1995. We have made progressive moves from aquatic management to the construction of the state-of-the-art facilities. We specialize in getting the job done on time and within budget. • New Pool Construction. • Splash pads. • Repairing pools for structural stability. • Enlarging pools to meet criteria for competitive swim meets. • Renovating the circulation systems and filtration plants. • The reduction of depth in pools clue to the removal of diving wells. • The remodeling of pools and installing zero depth entry and play equipment. • Retrofitting stainless steel recirculation systems on outdated aquatic facilities. • Re-plastering and retiling. • Concrete decks and deck coating. • Sales and installation of all deck equipment i.e.; dive towers, lifeguard stands and pool ladders/steps, • Sales and installation of ADA equipment, i.e.; handicap lifts, ramps and stainless steel therapy tubs as well as 1.5 OD rail goods. • Sales and installation of all automated chemical systems. • Sales and installation of commercial aquatics recreation equipment, i.e.; slides, raindrops, custom fountain and water features. • Distribution of bulk aquatic chemicals, including liquid chlorine, muriatic acid and Accu- Tab CalHypo Systems. Progressive is proud to introduce you to its competent management team with over 90 years of experience to offer. Aquatic Construction Management Team CHRIS DAVIS— President, has thirty-five (35) years of commercial aquatic management/ administration experience. STEVE DAVIS—Vice president Corporate, has thirty-five (35) years of experience in commercial aquatic center renovation and construction. Twenty-one (21) years of experience in building of new Aquatic Facilities and water features, 2510 Farrell Road • Houston,TX • 77073 • p.281.982.0212 9 f. 281.443.1524 • www.proaguatic.com Progressive u Commercial Aquatics, Inc. TIM PHELPS—Vice president Construction, has thirty-five (35) years of commercial swimming pool and building construction experience specializing in soils and structural. RICHARD HOPPERSTAD—General Superintendent/Senior Project Manager, has twenty-seven (27)years of hydraulic, automation and reconstruction of Aquatic Facilities experience. TIM WARREN—Staff mechanical Engineer, New product Development, Sales & Service, has twenty (20)years of sales &service experience. PAUL YOUNG—Construction Superintendent, has seventeen (17) years of experience in new pools, complete renovation and construction. NOE LOPEZ-Superintendent, has fourteen (14)years of swimming pool construction experience. FERNANDO GOZNALES—Superintendent, has twelve (12) years of swimming pool construction experience. ALFREDO BARCENAS—Superintendent, has ten (10) years of swimming pool construction experience. LUIS BARCENAS—Superintendent, has ten (10) years of swimming pool construction experience. PAYTON DAVIS—Superintendent, has seven (7) years of swimming pool construction experience. MYLES PHELPS—Superintendent, has four (4) years of swimming pool construction experience. KELLEY HUMBLE—Sales & Service manager, has seventeen (17)years of sales and service experience. JUAN CARLOS MARTINEZ—Shop Manager& Logistics, has (13)years of shop and logistics experience. Startup&Service Technicians KENT ALLEE • BERNARADO RODRIGUEZ Our office staff is led by Vanessa Rojas, Controller. Terri Gaffner—Houston/Austin Service (C.T.O.) Ashley Ramirez—Project Coordinator Christy McNeal--Web/Graphic Design Our project management system is driven by Sage 300 Construction. 2510 Farrell. Road 9 Houston,TX • 77073 9 p.281.982.0212 9 f.281.443.1524 0 www.proaquatic.com Progressive Commercial Aquatics, Inc. TEXAS CORPORATION—Officers J. Chris Davis, President 82 Batesbrook Court Woodlands, TX 77381 281.363.1649 Steven E. Davis 15104 Paradise Court Willis, TX 77378 409.890.9314 COMPANY BANK Prosperity Bank 2828 FM 1960 Rd. East Houston,TX 77073 281„443.7600 281.443.0668— Fax ACCOUNT EXECUTIVE Jim Cooper, President Maria Torres,,V.P. ACCOUNT NUMBER 0042069 REFERENCES DXI Distributors Santa Barbara Controls 1919 Jacintoport Blvd. 5375 Overpass Rd. Houston,TX 77015 Santa Barbara, CA 93111 281.457.4888 805.683.8833 281.457.4832—Fax 805-683-1893— Fax Spectrum Pool Products South Central Pool Supply 7100 Spectrum Lane 9307 Miilsview Rd. Missoula, MT 59808 Houston, TX 77070 800.791.8056 281.469.9696 406.542.1158— Fax 281.897.0534— Fax 2510 Farrell Road • Houston,TX • 77073 • p. 281.982.0212 •f. 281,443.1524• www.proaquatic.com Progressive Commercial Aquatics, Inc. TYPE OF BUSINESS: A full service swimming pool design, construction, renovation, repair and service company. BUSINESS ESTABLISHMENT: OCTOBER 1986 DUNN & BRADSTREET NUMBER: 16-178-7585 SALES TX NUMBER: 1-76-02156-4 SIC CODE: 1799 2510 Farrell Road • Houston,TX 9 77073 9 p. 281.982.0212 •f. 281.443.1524 • www.proaquatic.com Progressive 0 Commercial Aquatics, Inc. Pridgeon Stadium Natatorium Projected Completion: 2017 ' Project: 50 meter stretch competition pool, 2 Bulk Heads, 1 > t: 1i:i ` . ► (3) meter tower and 2 (1) meter towers. - LL Location: 11499 Bobcat Road Houston, TX General Contractor: DivisionOne Construction Description: Cy-Fair ISD natatorium. Contract Value: $3.1 million Shadow Creek Natatorium--January 2016 Project: Competition Pool Location: 11850 Broadway St, Pearland,TX f General Contractor: Gamma Construction Description: New one-story 20,000 SF natatorium for Alvin Independent School District. - This natatorium includes a seven lane competition pool with 155 fixed seating, locker rooms and offices. Contract Value: $2 million Lakeland Village Park—2016 Project: Competition Pool 17330 East Creekside Bend Drive Cypress,TX General Contractor: Gulf Coast Landscaping Services Contract Value: $1.1 million 2510 Farrell Road • Houston,TX • 77073 • p. 281.982.0212 + f. 281.443.1524• www.proaquatic.com Progressive a Commercial Aquatics, Inc. University of Houston—2016 Project: Renovation & Mechanical Location: 4500 University Dr. Houston,TX General Contractor: DivisionOne Construction Contract Value: $2.6 million s City of Alice—2014 Project. Indoor 25 meter stretch -. competition pool & Outdoor Leisure Pool Location: 4501 Gollihan Rd. Corpus Christi,TX General Contractor: Marshall Company Contract Value: $3.2 million Pasadena ISD—2013 Project: Veteran's Memorial Sports Complex—Addition, Renovations & 25 yard stretch pool Location: Pasadena,TX 4 ' ' General Contractor: Division One Construction `' " _ _► �� .f _ �l Contract Value: $1.3 million 2510 Farrell Road • Houston,TX •77073 9 p. 281.982.0212 • f.281.443.1524 • www.proaguatic.com Progressive 0 Commercial Aquatics, Inc. a Katy ISD High —2012 Project: Swimming Pool Renovation Location: 6331 Hwy Blvd Katy,TX General Contractor: Tellepsen Builders Contract Value: $750,000 thousand rt 4.f i Fort Bend ISD Aquatic Facility—2011 Project: SO Meter Stretch Pool Location: 16701 Bissonnet St. Houston,TX General Contractor: Gamma Construction -- Contract Value: $2.2 million UT Austin —Jamail Swim Center—2010 Project: Swim Center Renovation A; Location: 1900 Robert Dedman Dr.Austin, TX Project Manager: Flintco Construction Solutions ti, Contract Value: $1.1 million 2510 Farrell Road • Houston,TX 0 77073 • p. 281.982.0212 • f.281.443.1524• www.proaguatic.com t .. ti ... .... ...•.5. r:1.. .. .._...a. � ..�� . ;4r .. .. .. . � - .... .i.._. - ±; � .. .. .. !'rf:.,,�Vf;iiSir' �..,'.)� uiei�(:C/`f1)t':.. �If+. -.�_ - t ', ii t ;'e'.:it _:�:�?� Y t�tl 1J .44r t.1' r..I. -.- _ _ . -ti ., �a.` h) n ;., r �.' _ '.i fits 3i=i. .s-... .. .. rii�'lSfl '�!:.'•i�t-. i' .. . . r,'l;- ' - �,' ;ti','S �.. - - .'�'�i.'.... . ..�._ a _•✓ !`. �`.[' Sir,�.... .� ..., - . .A�. ,x .. .. ,- .:� .. _ � i � �_:��t� I�q {. ''�r`i�lr�iani x�'.. ks �„ f Progressive Q Commercial Aquatics, Inc. City of Pearland—2010 `� • Project: 50 Meter Stretch Pool w/Therapy Pool Location: Pearland,TX Project Manager: EMI Corporation Contract Value: $2.3 million LaPorte ISD High School—2009 Project: Competitive Pool Renovation & Reconstruction Location: 301 Fairmont Prkwy, LaPorte, TX Project Manager: Tellepsen Builders Contract Value: $3.1 million Conroe ISD Sports Complex—2008 Project: 50 Meter Stretch Pooh Location: Conroe,TX Project Manager: Tellepsen Builders Contract Value: $2.1 million 2510 Farrell Road • Houston,TX • 77073 • p. 281.982.0212 • f. 281.443.1524 www.proaquatic`com Progressive 0 a Commercial Aquatics, Inc. Westside Tennis Club—Design Build—Under Construction `_�►� Projected Completion: 2017 Project: Lazy River& Waterpark Location: 1200 Wilcrest Dr. Houston,TX General Contractor: Progressive Commercial Aquatics Description: 1,200-foot lazy river is under construction. Contract Value: $5.8 million Fairway Pines- Phase 1 &2— ,• ' Project: Fairway Pines Waterpark bide Location: 2301 N. Millbend Dr.The M4 Woodlands, TX .r General Contractor: Holder Construction Company . Contract Value: $2.1 million Phase 2 River Pirates Bay Waterpark--2017 PM Project: Waterpark Expansion #3 Location: 5300 E Rd. Baytown,TX Description: New Slide Complex. - -v ti ,,, _�►� Contract Value: $925,000 thousand °`- ` ti 2510 Farrell Road • Houston,TX 9 77073 • P. 281.982.0212 • f. 281.443.1524 • www.proaguatic.com Progressive Q 4 Commercial Aquatics, Inc. City of Pasadena—2015 Project: Strawberry Park Waterpark Location: 1104 Parkside, Pasadena,TX General Contractor: Progressive Commercial Aquatics '+} � ,c Design Build Contract Value: $4.7 million Hyatt Regency Hill Country Resort &Spa—2013 Project: Waterpark Expansion Location: 9800 Hyatt Resort Dr. Construction Manager: Woodbine Development Corp. San Antonio,TX r Contract Value: $1.8 million 5eaworld—Aquatica—2012 Project: 5eaworld Waterpark Expansion — Tornado Raft Ride (Mechanical), Family Raft Ride (Mechanica), Leisure Pool, Bar Paool & fi Children's Pool Location; 10500 5eaworld Drive San r Antonio,TX General Contractor: Guido Brothers Construction Contract Value: $3.2 million 2510 Farrell Road • Houston,TX 9 77073 • p. 281.982.0212 • f. 281.443.1524• www.proaquatic.com Progressive 0 Commercial Aquatics, Inc. 0 Moody Gardens—Palm Beach—2011 :. Project: Lazy River, Wave Pool & Interactive Features with Slides Location: One Hope Blvd. Galveston, TX General Contractor: Gilbane Building Co. Contract Value: $3.5 million City of Baytown—N.C. Foote—2011 Project: New Swimming Pool Construction Location:. 2428 West Main Baytown, TX Project Manager: R. Hassell Builders, Inc. Contract Value: $1.5 million Wayne Gray Sports Complex— Family Aquatic Center —Priates Bay—Phase 1—2010 Project: Water Park, Lazy River, Slide Complex, Training Pool & Flow Rider Location: 5200 East Rd. Baytown,TX i 1 Project Manager: R. Hassell Builders, Inc. Contract Value: $4.5 million j 2510 Farrell Road • Houston,TX * 77073 9 p. 281.982.0212 . f.281.443.1524 www.proaquatic.com 4 Progressive Q7 Commercial Aquatics, Inc. a Townsquare Baytown—2016 Project: Fountain Location- 213 W Texas Ave. Houston,TX General Contractor- Progressive Commercial Aquatics Contract Value: $500,000 thousand San Antonio Texas Temple— Project: New Fountain Location: 20080 Stone Oak Prkwy San Antonio, TX A Project Manager: Jacobsen Construction Contract Value: $320,000 thousand Fort Worth Modern Art Museum — Project: Reflection Pond Location: 3200 Darnell St. Fort Worth,TX Project Manager: Linbeck Construction Contract Value: $1.3 milliontoo 2510 Farrell Road • Houston,TX • 77073 a p. 281.982.0212 • f. 281.443.1524 9 www,proaquatic.com Progressive QCommercial Aquatics, Inc. Woodlands Waterway Park—2008 Project: Interactive Show Fountain Location: 1501 Lake Robins The Woodlands, TX Project Manager: Gamma Construction Contract Value: $2.5 million Institute of Molecular Medicine—2006 i. Project: University of Texas Health Science Center Research Expansion Project Fountain Location: 6900 Fannin St Houston,TX Project Manager: Vaughn Construction ` Contract Value: $1.1 million Victory W Hotel—2006 Project: Hotel Fountain f ,� Location: 2440 Victory Park Ln. Dallas,TX Project Manager: McCarthy Builders Contract Value: $150,000 thousand 2510 Farrell Road 9 Houston,TX * 77073 • p. 281.982.0212 f. 281.443.1524 • www.proaguatic.com Form WM9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester.Do not ====y send to the IRS. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Progressive Commerical Aquatics Inc N 2 Business name/disregarded entity name,if different from above m a 3 Check appropriate box for federal tax classification;check only�e of the following seven boxes: 4 Exemptions(codes apply only to C certain entities,not indpAduals;see ❑Individualtsole proprietor or C Corporation Q S Corporation ❑ Partnership ❑Trust/estate instructions on page 3): a c single-member LLC Exempt payee code(if any) Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P-partnership)]• a ? Note.For a single-member LLC that is disregarded,do not check€LC;check the appropriate box in the fine shove for Exemption from FATCA reporting c H the tax classification of the single-member owner, code lfi any) e Q ❑Other(see lnstructions)> raprC«reax fsamd,rrnear,VsemoussJ 'r= 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional} d) CU 12510 Farrell Rd V) S City,state,and ZIP code m ua Houston TX 77073 7 List account number(s)here(optional) Taxpayer Identification Number(TiN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(Sag).However,fora - resident alien,sole proprietor,or disregarded entity,see the Fart I instructions on page 3.For other entities,it is your employer identification number(EI1V).If you do not have a number,see Mow to get a - TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer,identification number guidelines on whose number to enter. 776 - 0 2 0 2 1 5 6 FOMMI Certification J 11 Under penalties of perjury,l certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)1 am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that i am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and generally,payments other than interest and divi rends,you are not quired to sign the certification,but you must provide your correct 171N.See the instructions on page 3. Sign Signature of _ t Here U.S.person N, Date 11- General ►General lnstruetio •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuflion) Section references are to the Internal Revenue Code unless otherwise noted. .Form 1099-C(canceled debt) Future developments.Information about developments affecting Fort W-9(such .Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at v.?wwJrs gov1Av9. Use Form W-9 only it you are a U.S.person(including a resident allen),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not retum Form W-9 to the requester with a 77N,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What Is backup willrholding?on page 2. which may be your social security number(SSN),individual taxpayer Identification By signing the f0ed-out form,you: number(MM,adoption taxpayer identification number(ATIN),or employer 1,Certifythat the TIN you are giving is correct or you are waiting for a number identification number(EIN),to report on an information return the amount paid toy g 9 ( y g to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code{s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reoorfing?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.102SIX Form W-g(Rev.12-2014) WORKERS COMPENSATION EXPERIENCE RATING N£CI Risk Name: PROGRESSIVE COMMERCIAL AQUATICS INC Risk ID: 420372329 • Rating Effective Date:03/3112013 Production Date: 12/04/2012 State: TEXAS 5ta. �� ces e P r' c c os es _ as �tP mss a rose " , es - ITt-C 1 .151107 8 84( '11,625 2,779 . 0 ol OL- 2i 0 g i) m E rt t alas ~ -ossa 49,6311 65,357 15,726 52,6451 12,4631 65,2231 12,578 -S iZt ,� r. - ata @• C�55 M _SEEM i'a.`['¢-. (l) C'(1 -A)+G (A) (F) (J) Actual 12,578 54,649 7,897 75,124 (E): E"(1 -A)=G - .. .. (A) (C). (K) 15 72654;649 7.445: 77,824 :.. 'expected. - _ _.-, .• .-ye. ■R�A� Lh Gl'tii-��a (J)I(K) Facl:01$ - .97 Copyright 1 es3-2 12,An rights reseed-Tris experience mcd'fiMUM tactor is o mprisad of co�atims and information which are the proprietary and exdus ue PAY of the rJas anal C=u2 on Compensation tnsuranao,the(NCCt1 No further use,d'rssrmin ton,sale,trarufef.assignment x dsposfEon of this en)arienm rating mod=lion tactor a any part thereof maybe usedwithaut tfre wnW consanf of N CC1. N=makes no rxR'esenftauon o;warranty.expressed or tatted,as to any matterwhatsoever httiuding but not knOW w the accuracy of any infrrmation,produce or service furnished hereunder and,as to!BCCI,rewierot of this experience rating mod Ncelion fador subscribes to and utiltzes the irfometion se¢vice"as is'. Page 1 of 3 WORKERS COMPENSATION EXPERIENCE RATING I/VM/ Risk Name:PROGRESSIVE COMMERCIAL AQUATICS INC Risk ID: 420372329 • Rating Effective Date:03/31/2014 Production Date: 11/22/2013 State: TEXAS State Wt� — ` '-p I i Exp Prim:,' ActExe-Lo ' Inc - :Z� - all .,,Ex —9sw A�k tosses Losses Lml; Losses . TX-A .14110701 26,63q 34,760 8,130 25,455 0 38,702 13,247 TX-c .14110701 16.131 21,162 5,023 0 0 0 0 Act Ek- ''(G) ULd JAI , 07 42,769 55,924— 13,1531 25,4551 11,4631 38,7021 13,247 TotalsY_� Primary Losse Stabi[izing Value Ratable Excess; C.(1 -A)+G (A)*(F) Actual 13,247 48,244 3,564 65,055 (E) C*(1 -A)+G (A)*(C) I(K) Expected 1 13,153 1 48,244 5,988 67.385 SA EXP (J) (K) Factors .97 Coffright IM-2013.AU d"reserved THS wqx9ence mod caffm feeler Is comprised of compflatforts aW Into mwRion whtch are the proprtatery and exclusive property of the Nafforud Comw on Convertsagon Insurance.Inc.(NCCI). No Gather use.dissomhaftm sato.trarwar.assVowu or casposaffon of fts evederce rating mo0catiort factor or arty pan thereof may be used wMW ft written consert of NCCI.NCCI maim roo representation or warranty.wpassad or Implied,as to arty matter whatsoever bicturdng but W Mad to ft 800uml of arty Wormadom product or service ftnished hereunder and.as to NCC4,redolent of lids eVadence rating modAcation factor subscribes to and Wins the IrOormaton serwiWas Is*. Page 1 of 4 WORKERS COMPENSATION EXPERIENCE RATING 01VT Risk Name: PROGRESSIVE COMMERCIAL AQUATICS INC Risk ID: 420372329 Rating Effective Date:03/31/2015 Production Date: 10/04/2014 State: TEXAS State IMlt 1 EXpzcess Expected EiCA Frim " Act Ezc t tss§es Ballast Act lnp Lasses AcfPr�m t-OS505 . -rx-A 1 A21 6,0 7,8841 1,8301 01 9,9631 512 512 Tx-c 1 .121 25,40131 33,3101 7,9021 01 9,9631 1,332 1,332 (t it( 1 s�nC ) �¢1i 4sses® (E}Losssfm L(1 AcE Fac (G}Ballast (Hy Acf7na' (ly Ffcf Prlm ( osses:(H-1} 4 asses _ !oases...r 1.14 31,462 41,194 9,732 0 9,963 1,844 1,844 - _ I?firriary.Losses: . StabiilAng Yatue . . hatable Exeess 1t�taIs (I) C`(1 _A)+G (A)`(F) (J) Actual 1,844 37,650 0 39,494 (E) C'(1 -A)+G (A)"(C) (K) Expected 9,732 37,650 3,775 51,157 --:c ..r. . . -. _ ... AFtAP`. : :: . ...'.:FLARAFS__; S{1RAF - ...... MAARAP Exp Moetr :. Factors .77 Carrier. 29939-000 Policy: 0001223875 Eff-Date: 03/3112014 Exp-Date: 03/31/2015 0 Copyright 1993.2014,AN rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Cornpensation Insurance,Inc.(NCCI). No further use,disserinalion,sale,transfer,assignment or disposition of this product.in whole or in par;may be rade without the pfirr written consent of NCCI.This product is fumtished'As ls''As available- With all defects"aril indudes iniormaton wettable at the time of pubtiraffan onyx.NCCI makes no representations or warranties of arty kind relating to the product and hereby expressty,disclaims any and all express.statutory,or Implied warranties,including the knpiied warranty of merchantabtfity,fitness for a particular purpose,accuracy,c msplelenam,currentness,or correctness of any information or product furnished her ounder.All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end users and NCCI shag not have any liability thereto. V-Page 1 of 3 WORKERS' COMPENSATION BCH POLICY TERM 03/31/2016 to 03/3112017 INSURANCE COMPANY/ Texas Mutual Insurance Company (A, XV) A. M. BEST RATING ESTIMATED PREMIUM $37,474.00 Included Terrorism Risk Insurance Act AUDIT FREQUENCY Monthly NETWORK OPTION In-Network EXPERIENCE MODIFIER Anniversary Rating Date: 03/31/2016 Current Modifier: .70 Expiring Modifier: .77 ADDITIONAL Refer To Policy For Complete List COVERAGES Blanket Waiver Of Subrogation As Required By Written Contract Blanket 30 Day Notice Of Cancellation Officers, Proprietors Or Partners Included: • Chris Davis . < Steve Davis • Tim Phelps Other States - Limited Reimbursement EXCLUSIONS Refer To Policy For Complete List Monopolistic States: North Dakota, Ohio, Washington and Wyoming 45 WORKERS' COMPENSATION BCH POLICY TERM 03/31/2017 to 03/31/2018 INSURANCE COMPANY/ Texas Mutual Insurance Company (A, XV) A. M. BEST RATING ESTIMATED PREMIUM $43,916.00 Included Terrorism Risk Insurance Act AUDIT FREQUENCY Monthly NETWORK OPTION In-Network EXPERIENCE MODIFIER Anniversary Rating Date: 03/31/2017 Current Modifier: .69 Expiring Modifier: .70 ADDITIONAL Refer To Policy For Complete List COVERAGES Blanket Waiver Of Subrogation As Required By Written Contract Blanket 30 Day Notice Of Cancellation Officers, Proprietors Or Partners Included: Chris Davis — President Steve Davis —Vice President Tim Phelps—Vice President Other States - Limited Reimbursement EXCLUSIONS Refer To Policy For Complete List Monopolistic States: North Dakota, Ohio, Washington and Wyoming 43 OSHA'S Form 300A (Rey.o,lzooa) Year 201 M Summary of Work-Related Injuries and Illnesses tU;S.Department ofLabor - Furan apprvred nSle iW..Ia1N-01913 ArJ enablish meets covered by Parr 1904 must complete this Summarypage,even)1 no woilt-whaled iniuries a illnesses occurred during the year Remember to review Ne Log to verily that the envies are complete and accurate eslore cornpleeng this summary. Using the Log,count Me individual entries you made for each category.chert write the toilets below,making sure you Ye added the enlnes from everypage of the Log.11 you Establishment Information had no cases,write'0.' ^y rl Employees,lornw emproyees,and their representatives have the right to review the OSHA Form 300 in its enlaety.They arso Neve limited access to the OSHA Farm 301 or v°Yf°:tnMll°bm°rat^""' 1 f O r-�1�lVvaF�f C'"" I,g6Uµl, its equivalent See 29 CFR Parr 1904.35,in OSHA's recordkeephil rote,lotfurther details m the access provisions lo,these forms. a S I U A;'F LCSZ K EP Strut City 4U - sb,:17-- zip77(37 3 Total number of Total number of 'lot.�l number of Tomi—mber offudusry drxe 'an(ry.1,Mn��ulIr,, mrr nfLuwrprmak rmikn)r1 (3 c1mcks cases with drys cases wi th job other recordable TOL)! l-CN��31fi-�5'tIAN t�CUI� l)iC.Q� away from work transfer or restriction cases Se—hic]b d rid CIA 'f (SIC),ifknowv(rt.,7715) (G) (H) (I) (d) oil Nord,Americ,n indnse Sla'l Cl if dun(NAICS),irkv—.(e.g.,336712) Total number of days away Total number ofdays ofjob Employment lnfarntatlen hJyvndou'i lmve drrxfy„rn,ar tle from work trnnsfer or restriction LELrorlmx°a da A r4 xJteh yuyr ro mLxurr.J AnnuAiaveogcnumberoremploy— 91 (K) (L) ,bol Iwats worked by At empioycn I-year r o J Sign here injury and Illness Tvives Total number of... Knowingly falsifying this document may result in a line. {M) I11,Injuries � (a)Poisonings I certify that I have examined this doeumem and that to the best of my (5)Hearing loss �'�" knowledge the entries are true,accurate,and complete. (2)Skin disorders `CJ (6)All other kklnesses (3)Respiratory conditions -I,),- d rP 13 Post this Summary Page from Fa6ruary f to April 30 of the year following the year coverod by the form. I'.,Idi.,rlx.,a:i„p Lunlrn firr a,i.n.IAxr.u,r„f.xeun.°�In„i..•ui.nunl SII:,I......p........... .mip,le,r and.6i, dx:odltaiun nriul'unnariun.Nunuxrc raw mµ,irnl ue ie.lWnd Wxhe n.,a.rliml W'inl'urnuluin—I-II ilixµlxy.0 em'rtodr'Aid fltia annul-114 r.Irl^„I,.rv.:,ur n ulxnn time crximuca ur arae al,rr ayKa..d d,b d,a.Wltet,:m,avm;x',:US MI—imv.J i—,—1A lttl'xt ul'Sfml4itul aruhiix.IM.,nr N-SFH 4.tae V.rwimu.,A,-.,W°,NIV, lx5vlainalnn.g(:WYla,ou rxx r.nd,bc cmnpinnlf rm.m,hiruR. OSHA's Form 30OA (Rev.o,12004) y d �pgl4ee and In g� Year 20,L ������� ®� ��g�-������""' '"p u������ �t g D� Illnesses�+aTr��� U-S.Department of Labor emu.uc,m.•r..�.rr�.,ueuaar ar�„.�..rr�.., - ^- I..or„�r�.sir.v...:v�v„vEr.m..r.s,wwr.,wu..r+•r.n>,...,,,, ..,re,c�,,.<v.r.ire+•,,.w ..,.r.r.n,..m�.u,..v... wp.u.^.rs.r°tr.rrd H.Wtn Y .ccmrwuw..uunaWwn z.s.ar..,...i.uua..LL•rvm upprw.d Men^.F11B91id A11eslabllshmanis etweradby pad 1891 must comoew this Summarypaos,even a nes wtark-reratetl inJurl9s ru afneasas occurred during ft year.Remember to review the Lag 10%Wty the the-Nes era eomplaM and acmrmte below eampleting this summary. Using the Log.count the lndrvldual enutes youmede breach category,than wrtto rhe toleM below:malting swe youbo addedlhe eNrks/mm evarypege of lnd top,tfyou + Establishment lnfermatlon had no nasas,write"9.• Employaos,kmar omp/nyees,and thelrrepresenlaWas have the right to review the OSHA Form 399 In its entirety.Thay also have limped access Io IM OSHA Form 301 or r••"°a,°^'•.e^•.^•!r��tfoi�1r W4CM(t f° Its aqufrdtent.Sae 29 CFR Pad 1994,35,M OSHA's r000rdhooplog rale,la What details on the access pmulsl re,for these toms. n� - Street J l 0 CrVV2kA FrQ City l cku 4�e— sura zip Z 7673 To"InumberoF 'ibralnumber of. 'lbed uniberof 'Ibtainumber of Ind wrryde pdon(af.,�++mym,l�jra,r¢,/na><mna, � deaths rues with day[ cases with Job other recordableOd+` (U1 kSr 1,tL^_j iO.� Y + 9wa from work `L lv I Y J transf restriction caee:� A<4M Ind�tda �.in (SIC),1Ck m(•s»Is) (0) —00. (1I W) OR Nenh Amerltel 1-till dal0.4flenh.(NAICS).If known(1-S.,336212) tbtal number ofdays away Total humberofdays ofjob from work Employment Information transfer or restriction stbrlulvrr wr rbc 6arko rhh biwu i"n do-nrhar"rhseJ{yurrr,ue rhe _� j ws•r•a (� Mewl rverage number ofemployeu .3 z 'ibnl boon warted by all empYayrsa h.ynr SIB.here (M) Tool number or... Knowingly falrlfyingthla document mayresnitin a line, (1)Irdudes (4)Poisonings (6)Tic ring loss rs �— Ica.lfythati have raamined this documensend chasm rhebeit efmy (2)Skin disorders kno ylcdgthe aortia arc M)Rwpltamrycond(tlans cue,arcuratc,and complete. (61 All other ilinesse �- mipm• � Peet thb 8trmmery page from Fabwary[[o Aprlt ao of the year following the year covered by the farm, tti611 .parties hurd.^[nr V,lr uv.eY•n.rinrarm.a•n I.uW,m•d�......a.ea ml.,,i,.p^r r•rp.nr.,In•C•dlna amn i.rM•w i°•Im°yWanr,l¢+r¢li udplAorho dw neds4•nd mmplel¢snd rnrinv Ih¢tdlcdlm¢IIS rmWep,limens us o¢t.qutr•d i.ra.pmd m IM witrWoa.fta(ermWm unlw k dl.pl.y..mnmayvrJtd OMB r^nud numhvr.]tym fi...,ny .bow sham Wanmr.r wryy oWv up•cu otrfi°a.umir W on,rewc�r U9.epolmm.oilakor,03iU r)nl.orawlraol Andpl+,Room Na6Nr 969 Cm4aluao.Arco^y NW, W.aegmn�oC taa16l1a nal rmd Ih•rempW.d(¢nn.m ay.ema ° e o W o ll 13 p ° e i = ado$ = 7 .'a V r' O fill i I A O a e = Q y � p? o ti d ? � 7 a � p• c� - "� v iz�g W • ' � a �T o - � oil Y �S ti c a c,6 i7 p a p 7 _ is Y ti 0 6 n � 1 ((a�11 IL 7 • � N zj ME=�• - `.ti ,ice? 3 •C /. � F~'- � �" �� _ OSHA's Form 300A (Ree.01/2004) Year,20/ -S Summary of Work-Related Injuries and Illnesses o U.S.Department of Lehor ecupannnar Snrory and Hewn aeminlabatlon AN establishments covered by Part 1904 must complole this Summary page,evon 11 no work-related injuries orilinasses occuned during the year,Remember ro review the log to verily that the entries are canpbfe and accurate before completing this summery. Using the Log,cowl uta imdrvidual entries you made for each category.Then mile the totals bebw,mahng sura you be added the entries born every page of Ilia Log.If you Establishment Infornsation had no cases,min'0.' n Employees.formeremptoyees.and theirrepresentalwas have the nghl to review the OSHA Form 300 in its entirely.They also have(mired access to the OSHA Form 301 or prrS sb+o+r.t4aemsnr wee''n. "4t its equivalent.See 29 CFR Part 1ON.35,in OSHA's recerdkeeping rule,for further details on the access provisions for these forms. Smcr Fztap•1��, F a City /L TD k 5 t,0-11 Sato 7->4 ZIP -1-1.073 Ntimber of Cases Total number of Total number of Total number of Total number of Indaarydcsaripuion es (cg.,M,vedarearn nmroraark�rJ°°ilm) / deaths cases with days caswithpb other recordable Pn e / Gfr+.< r iyTl o-.� /S'Y V 1 e.e, ,Wayfrom work r transfer or restriction cases Standard Industrial Claesifuarian(SIC),ifknaavn(eq.,37tS) 18) (H) (1) (d) OR N—I.A.—inn htdastrwl Cla.ifiralina(NAICS),i(Murawt(e.g„1.'1631?) -2-3-�f%2d Total numbcr ofdays away Total number ofdaysofjob Employment hsformation((ryamdo,,'i1adm,rrgwrs,rrrer from work transferor restriction H*Wfrrr—1,r look afdrb pagr.rrdaw,.) —a 41r• Annual—.Sc nnmtrrntrmployccs 3 (It) (1) Tie l boon wart I l y nil vmpleyres last}ear Z D a Injury and Illness Types Sign here Total number of... T{nowingly falsifying this document may result in a fine. (M) (1)Injuries (4)poisonings I certify that I have examined dlis dtuument and that to the hest of my (5)Hearing loss _ knmlcdp:the entries am true,accurate,and nimplem. (2)Skin disorders _ (e)All other illnesses /, (a)hs espiratory conditionn wJ. FTT��O 6,.r..e /•(��"l- �Sny Post this Summary peps from February r to April 30 of the year following the year coyerad by the form. I'larlk rclxminp bunlna for tl,isn,llmbn nl in6nruliun i.euinurnl w mange:,u a,himca per mlmnx.irrind'urp dl,r to mar rim inunvrinnn.unla:md goober IM.tna nccrinl,trot nlnphteand mkw rhe mlkainn of infnnuarnn,.Per.ern ere u,n rvryirni o-.requnul wtheanll,srinn nl'inlim,u rim,unk.,hdigdryra namely cued nh1H.nmml nnmher,11 p bore any a zbnni there ealmmn or any ether a+I�etb oflhk data ndlminn,mnlaa:lJe lkpunmcnl a(I:dmf.USI U f 11Gce of Srulhrknl Aralyrh,N.a,m Ni1e41.2W U.rnniunlnn Armor.4W, Wa,hiupmn,nC 2os I e.[w not.end the rnmpleud forma rn the allkc. OSHA's Form 300A (Rev.01/2004) year 204 G Summary of Work-Related Injuries and Illnesses us.Department of Labor o.enr>anarwlemmrana tme asnu»Labor ... ._ .. nam,.,.lrls;na, All estaMisnlnanls coveted by Pari 1.904 must Cornpfete INS Summary pays,ext a+oo no+k•,elaltld,nju iaa onMmsses accurrcd during Me rya,Rwnemberto rarrtav 11,Log to VPMy I/UI the anlees are comp/ele and eC ale f flare co plelrag lhi.,.,H Iqf Using We Log.couof/he o6vidual enales you made to each category.flan mile the Wars helow nlaWng sure yoube added the anlrles hate every page Of file Log.11 you, Egfablishment Eult>kWees,r+r,rwr employees,and oleo rMp+tlNenlnllves Irdwa P,e+y7h1 to rovro,v ll,e OSHA F+ynn 3110 in its e,dHaly.flroy aLvo Iwvr.lirnded access fn Ile OSHA PonR 30l d I rom.rteuu.hlr..m.rnIlrnrefo_rmaatioTn had,.Cases....Je'O' p0E?0p1iYhf1•t11MI t1M1fI�C1n1'(l���l 1,l7�1`V1/ii4N1�l� �Iv11ln, is.1-0164 See 29 CPR Ped 19N 35.In 0SHA's,ece,rlheepliv rule,for/valet ej raA a,Ihtl access provisions fry Brow fo+nls' S[na•, LO 'lr�j Y City -N(hl.�-h1y� —_,._Snw5 Ill+ �V Ii1 Doak nunlher nr Tonal numlxr rif 'total number of Total mnnher of Iud„s,ryJs'ar'»one prv..11r,nlliu<u+mrtinav,r rook nn+d„) deaths easinwith days cases with job other recordable C�gO(1.,/5VP 11C(; (� away front work transferroor astriction oases Standard Indus,,uisl 1 iralisto(51ti)•ifuwtvu(,..( !7Ii) lei (G) (w) U1 W) nt Nonh Anerw.m 1 11,.m 10 (NAI(:S),il'knmsa,II•g•,!hl(al?) Number of Days Intal number uI days away Total Inunber ufdays ufjub Employment Information filjnn/,xf,tralenn•,ry;\nrr,,,a d.. IILrI•Jm+,x„Lr Ark.+fdrf ten',n rvnrwr.l frnlll 4t'rlrk [ratlSil'r or reetflCllUn er a' lAltllllal Ila'Ynl(;r Inn11lwr nj+•,Itp1•rya's'x t-'' �'�'''�JJ �S(K) (L) 'lu,a111111111 uv(I:cd by Al en,ptvyn's lam Itar �y Injury and illness Types Sign here 'Gun)number of... Knowingly falsifying this document may,result it a fine. (M) (1)Injuries _Z (4)Ibisoninyrs 1 eenil'y that I have csamin d This docutuciaxid that a,Ilw txst of Illy 151 Hearing loss knowledge the ciurlssare try,.mnvatc•mld anuplcm. (2)Skin disorders (6)All other ilhiesscs C (3)ReSpiramrycunditions �� Post thfh Summery page from Fobrtra,y I to April 3e of fhe yur following the year—intrad by the form. nww lin•ha ul,u,hnp I,u,rlu,r Xn Ihu culh'n„nl of i...luau..ix rnimdnl Ir,.+.r'rxax Sa wluwlvr In.Ir.l•nwe.iurlu.I:uM iim;le rl'•Fw thy it+un,�lwnr,utero nexl amM1n the Jnm,mnkrl.and mnpkw oral lac Ww ihv n•Ilnrd,n uY iulunnutiun.l\mrnru ore nd IlquEnd w,opted w Ila•nAlenlm,of hilowunlnn nnlnu+x d1q,l.l.�n cml,mdr,alfa Llhlll runnul numlwr.I(yun h:wl•nny + .nhnm lLr'.••nwiuw,r.ur rnl eWddr duo rr4lndlru,ninon.to llelenin.m,d lab„,.I1sM1A I11Lcc n(slahilrul Anal.ru.Wtmn V:uili,'YMl lwmilnani avenue,\'U', 00 52 23 AGREEMENT This Agreement,for the Project awarded on [ ],is between the City of Corpus Christi(Owner)and (Contractor). Owner and Contractor agree as follows: ARTICLE 2—WORK 1..01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: West Guth Pool Renovations(Bond 2012) Proiect No. E14007 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Turner I Ramirez Architects 3751 S.Alameda St Corpus Christi,TX 78414 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E. Construction Management Engineer E rn esto D LG @ cctexa s.c o m 361-826-3555 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 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 ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 00-57-23-1 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 21 OF 37 Rev06-22--2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$2500 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$2500 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 whetherthe 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 Contractorfor 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 $ Add Alternate#1 $ Add Alternate#2 $ Add Alternate#3 $ Deduct Alternate#4 $ 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-2 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 22 OF 37 Rev06-n-M 5.02 Progress Payments;Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.8,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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-3 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 23 OF 37 Rev 66.22-2016 C. The Contractor is familiar with laws and Regulations that may affect cost, progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and S. 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 7.01.1)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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-4 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 24 OF 37 Rev(36.22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence,instructions,drawings,receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. S. 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. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-5 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 25 OF 37 Rev06.22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H.Edmonds,P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President,Chief Executive Officer,or Chief Financia/Officer Address City State Zip Phone Fax EMail END OF SECTION ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223-6 West Guth Pool Renovations(Bond 2012)Project No.E14007 PAGE 26 OF 37 RevQ6.2&2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 12,2017, is between the City of Corpus Christi (Owner) and Progressive Commercial Aquatics, 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: West Guth Pool Renovations(Bond 2012) Protect No. E14007 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Turner I Ramirez Architects 3751 S.Alameda St Corpus Christi,TX 78414 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 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 Agreement 005223- 1 West Guth Pool Renovations(Bond 2012) Project No.E14007 Rev 06-22-2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1500 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$1500 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. Base Bid Plus Add Alternates#1, #2,#3 $ 1,512,189.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 005223-2 West Guth Pool Renovations(Bond 2012) Project No.E14007 Rev 06-22-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.6, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 West Guth Pool Renovations(Bond 2012) Project No.E14007 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 West Guth Pool Renovations(Bond 2012) Project No.E14007 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 West Guth Pool Renovations(Bond 2012) Project No.E14007 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signed by Rebecca Huerta DOt ny agnea ev 15rc Famous _ DN:cn=Rebecca( teo,ou, oN. Jdt E--o o�Ere Saar�e ama»anrava@��a.as.nm email=rebeccah@wcctexas com,S �=u US s DateData:201.10,12134435 0500 :20 17.10.18 15.23.34-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2017-135 AUTHORIZED APPROVED AS TO LEGAL FORM: 9/12/17 BY COUNCIL 2017.10.11 10:19:04 -05'00' RH/M L Digitally signed by RH/ML Assistant City Attorney Date:2017.10.18 08:51:09-05'00' ATTEST(IF CORPORATION) CONTRACTOR Progressive Commercial Aquatics, Inc. (Seal Below) By. J. Chris Davis Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 2510 Farrell Rd. Financial Officer Address Houston, Texas 77073 City State Zip 281/982-0212 281 -443-1524 Phone Fax Chris@proaquatic.com EMail END OF SECTION Agreement 005223-6 West Guth Pool Renovations(Bond 2012) Project No.E14007 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. 585207035 Contractor as Principal Surety Name: Progressive Commercial Aquatics,Inc. Name: Liberty Mutual Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 2510 Farrell Rd. 2200 Renaissance Boulevard,Suite 400 Houston,TX 77073 King of Prussia,Pennsylvania 19406-2755 Physical address(principal place of business): Owner 2200 Renaissance Boulevard,Suite 400 King of Prussia,Pennsylvania 19406-2755 Name: City of Corpus Christi,Texas 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: Massachusetts 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): E14007 West Guth Pool Renovations(Bond 2012) 877-751-2640 Telephone(for notice of claim): 877-751-2640 Local Agent for Surety Name: Keetch&Associates Insurance Award Date of the Contract: September 12,2017 Address: 1718 Santa Fe Street Contract Price: $1,512.189.00 Corpus Christi,Texas 78404 Bond Telephone:361-883-3803 Email Address: racdehn@keetchins.com Date of Bond: September 19.2017 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept of insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 00 6113-1 E14007 West Guth Pool Renovations(Bond 2012) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Progre. e Commerci uatics,Inc. Surety 'be utual sur 4n}., Signature: "' Signature: Name: -J- e4 V f 5 Name: Dennis M.Descant,Jr. Title: P/l fi�,C�E.»]� Title: Attornev-in-F:ict Email Address• 1 tr h r , s oagc � _ rbch . -insurance.cun Email Address (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 E14007 West Guth Pool Renovations(Bond 2012) 7-8-2014 r, rr flrftilHttfmst�"�~ ., THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7749704 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alicia Cantavella;Cheryl A.Sanders;Dennis M.Descant,Jr.;Jeffrey Lee Brady all of the city of Houston ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 27th day of April 2017 l6 �ZY 1NSf/ 1N 51JR N1N 5(??; � J4",��f< „ v2m ��o?��ur �rr �Q�r •; t The Ohio Casualty Insurance Company t,t9 K Liberty Mutual Insurance Company 1v 1412 0 3 1991 _ West American Insurance Company to �� ats✓-�'�J� %fir'r,ay a.•:r z421171-1,; STATE OF PENNSYLVANIA ss David M.Carey Assistant Secretary +_ COUNTY OF MONTGOMERY C 0 m On this 27th day of April 2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v I— V to Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such, being authorized so to do,execute the foregoing instrument for the purposes p 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. N W LLE m > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. QCL d3 9P "we PAS COMMONWEALTH OF PENNSYLVANIA Q M Q��►N`eNwF9 (1 I Notarial Seat 46b' t1 9 Teresa Pastella,Notary Public By: oa Upper Menon Two.,Montgomery County Teresa Pastella,Notary Public )C L �w My Commission Expires March 28.2021 M t .�+ P O Ort eI Member,PrmnWy anis Association of Notarros a E 11f t�+� M e r'wp This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company Liberty Mutual rA p �L•, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w 01 cc i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c -,S to such(imitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ,a) 0 C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys4rl-fact,subject to the limitations set forth in their respective •p E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation. When so rb R executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. N ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president. E > 4) and subject to such limitations as the chairman or the president may prescribe,shall appoint such atlomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L C d seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys4n-fact subject to the limitations set forth in their Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary, to'V Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such allomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretaryof the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the on m of attorney of.which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revokedw", IN TIESTIfM0l4 Y + f 19 th �p`''��- havE`i11 set my hand and affixed the seals of said Companies this day of September ,20 17 T912 ° 1991 By: C Renee C.L ssistant Secretary .' 38 of 300 LMS 12873 022017- �, r Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede Ilamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 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 coverages, rights or complaints at acerca de companies, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-1A) de Texas Consumer Protection(I 11-IA) P. O. Box 149091 P. O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490-1007 FAX #(512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(a?tdi.texas.gov E-mail: ConsumerProtectionCci7tdi.texas.go_v PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved,you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 LMS-1529210115 006116 PAYMENT BOND BOND NO. 585207035 Contractor as Principal Surety Name: Proeressive Commercial Aquatics,Inc. Name: Liberty Mutual Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 2510 Farrell Rd. 2200 Renaissance Boulevard,Suite 400 Houston,TX 77073 King of Prussia,Pennsylvania 19406-2755 Physical address(principal place of business): Owner 2200 Renaissance Boulevard,Suite 400 King of Prussia,Pennsylvania 19406-2755 Name: City of Corpus Christi,Texas 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: Massachusetts Corpus Christi,Texas 78469 By submitting this Bond,Surety offlrms 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): E14007 West Guth Pool Renovations(Bond 2012) 877-751-2640 Telephone(for notice of claim): 877-751-2640 Local Agent for Surety Name: Keetch&Associates Insurance Award Date of the Contract: September 12,2017 Address: 1718 Santa Fe Strect Contract Price: $1.512,189.00 Corpus Christi,Texas 78404 Bond Telephone: 361-883-3803 Email Address:racdehn@keetchins.com Date of Bond: September 19 2017 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:1400-252-3439 Payment Bond Form 00 6116-1 E14007 West Guth Pool Renovations(Bond 2012) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void,otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Cade as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prineip I gressive Com rcial Aquatics,Inc. Surety tt�Mutual In ur c C: Signature: �,,t..q Signature: Name: 61 ' Name: Dennis M.Descant,Jr Title: 1PP e Title: Attorney-in-Fact Email Address: 41,e rs �rD.t�c� , _ G7,,._ Email Address: denn is.descant�rrlheh-in,;uran ce.com (Attach Power of Attorney and place surety seaf below) END OF SECTION Payment Band Form 006116-2 E14007 West Guth Pool Renovations(Bond 2012) 7-8-2014 v'�t•fd{ .'y .. I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7749705 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alicia Cantavella;Cheryl A.Sanders;Dennis M.Descant,Jr.;Jeffrey Lee Brady all of the city of Houston state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizarim and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 27th day of April 2017 M AY INS(, rt.`t45Ury^I rty�NiURV The Ohio Casualty Insurance Company N b ,•.. ,�,2 4;-`` `-� a rr1 m Liberty Mutual Insurance Company m p 1912 1991 West American Insurance Company David M.Care Assistant Secretary C STATE OF PENNSYLVANIA ss , M COUNTY OF MONTGOMERY C O d On this 27th day of April 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v N V w Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes >,W p0 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O Al L E d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above wriitteenn� cl 5p PASr COMMONWEALTH OF PENNSYLVANIA A��r w J A yL'��^/"a"' Q M ,0 Q�'aN•oxw �!! Notarial Seal ^� �'GC.�•D�-' /��j � Toresa Pasfella,Notary Public By: C ` OF Upper Marion Twp..Montgomery County Teresa Pastella,Notary Public d= L My Commission Expires March 28.2021 ?� ttr 0Member.Pennsylvania Association of Notaries d % 02 c tp This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual T p Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: JIM 01 m i ARTICLE IV-OFFICERS-Section 12.Power of Attomey.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O = to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, +d O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such adorneys-in-fact,subject to the limitations set forth in their respective •p E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so i m executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >.0 '~ L the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. N to C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, ao .>. L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attemeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, -M O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their O o Z ca respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. F0 tQ Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behaif of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizanoes and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHE aoset my hand and affixed the seats of said Companies this 19 th day of September 20 17 V G 1912 a 891 By Renee C.LlewlW,Xssistant Secretary °�, 39 of 300 LMS-128 302017' - r ' .. _ � z, _. _ .h, S 4' �' . � 2.�`^,��' QCT. �,.. ?' i` __ _ _ _ J { .. - - 'tib. ', - t �.., Liberty Mutual SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al humero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste.400 2200 Renaissance Blvd., Ste.400 King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 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 coverages,rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-1A) de Texas Consumer Protection(111-1A) P.O. Box 149091 P. O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490-1007 FAX#(512)490-1007 Web: hap://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection&tdi.texas.gov E-mail: ConsumerProtection@itdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento(TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 LMS-1529210115 ACCMV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIO°"""' 9/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)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 ri hts to the certificate holder in lieu of such ondorsoment s. CONTACT PRODUCER E� Brady,Chapman,Holland&Associates PHONE 713-688-1500 Fax 713-688-7967 10055 West Gulf Bank 4"L Houston TX 77040 eCSR24@bch-insurance.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:Trans ortation Insurance Co. CNA 20494 INSURED PROGRESSIV2 wsURERB:American Casualty Co of Reading PA 20427 Progressive Commercial Aquatics, Inc INSURERC:Continental Casual Co. CNA 20443 2510 Farrell Rd INSURERD:Texas Mutual Insurance Co 22945 Houston TX 77073 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2028455551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMMD EFF rPDY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY 5094992447 3/31/2017 3/31/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RERT915- CLAIMS-MADEX❑OCCUR PREMISES Eaocaurence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,000 POLICY[j]JECT ❑X LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABiUTY C5095120963 3/31/2017 3/31/2018 Ea accident 5INGLE LIMIT $1,000,000 XANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUT 0S BODILY INJURY(Per accident) $ X AUXUTSOL� A $TOS ONLY AOPer accident $ C X UMBRELLA LIAR X OCCUR CSOS5120879 3/31/2017 3/31/2018 EACH OCCURRENCE $5,000,000 EXCESS UAB I CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTION$10,000 $ D WORKERS COMPENSATION 0001223875 3/31/2017 3131/2018 X PT T ET H- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTWE Q N t A E.L.EACH ACCIDENT $1,000,000 EXCLUDED?OFFICERIMEMBER EXCLUDE (Mandatory to NH) E.L.DISEASE-EA EMPLOYE1$1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS betow E.L.DISEASE-POLICY LIMIT 1$1,000,000 C Loosed/Rented Equipment C6012835254 3/31/2017 3/31/2018 Any One Item $150,000 Installation Floater Maximum $300,000 $100,000 Limit IF $1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The policy includes Blanket additional insured on the general liability pper form CNA75079XX 1-15 and automobile per form CNA63359XX 4-12,with a waiver of subrogation on the general liability per form CNA75008XX 1-15,automobile per form CNA63359XX 4-12 and workers compensation per form WG420304B when required by written contract. This insurance is primary and non-contributory as respects general liability CNA74705XX 1-15. Umbrella follows per form CNA75504XX 3-15. Project No.E14007-West Guth Pool Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi-Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard Street ACCORDANCE WITH THE POLICY PROVISIONS. City Hail,3rd Floor Corpus Christi TX 78401 AUTHORIZED REPRESENTATIVE &bi ®U1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE 1 AO 1 & CERTIFICATE OF LIABILITY INSURANCE 9 0` °°"""' 17 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: N the certificate,holder is an ADDITIONAL INSURED,the pollcy(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 ri hts to the certificate holder In lieu of such endomemen s. PRODUCER TACT Brady,Chapman,Holland&Associates NAMINNONE 713-6g8-1500 FAX 713-68&7967 10055 West Gulf Bank Houston TX 77040 E-MAR .eCSR24@bch-insurance.com om I S AFFORDING COVERAGE NAIC S INSURERA:Allied World Assurance New Day Und. 19489 INSURED PROGRESSIV2 INSURERB:American Casualty Co of Reading PA 20427 Progressive Commercial Aquatics,Inc INSURERC: 2510 Farrell Rd Houston TX 77073 �� D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:982692992 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE POLICY NUMBER um EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS MADE OCCUR NOWrEff- PREMISES $ MED EXP one $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY❑� FILOC PRODUCTS-COMPIOP AGG S OTHER $ AUTOMOBILE LIABILITY accidentSINGLE LIMIT S ANY AUTO BODILY INJURY(Per person) $ DULED AUTOS ONLY AUUTTOSS BODILY INJURY(Per strident) $ HIRED NON-OWNED _150PERW DAMAGE AUTOS ONLY X AUTOS ONLY Per agent S S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS L1AB CLAIMS-MADE AGGREGATE S DED I I RETENTIONS $ WORKERS COMPENSATION X PEA OTH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTTIERiEX cunVE ❑N i A E.L.EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yyeess describe under DISC 2IPTION OF OPERATIONS below E.L.DISEASE-POLICY UMrr S A Professional Lia& 03100678 3/31/2017 3/31/2018 $1,000.000 Each claim $2,000,000 Agg B PoUution Liability C5095120963 3/31/2017 313112018 $4,500,000 $1,000 Ded• Builders Risk DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Addtttonal Remarks Schedule,may be attached If more spato required) '2%Named Windstorm Tier 2,Excluded Named Windstorm Tier 1 Project No.E14007-West Guth Pool Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEIIED BEFORE City of Corpus Christi-Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard Street ACCORDANCE WITH THE POLICY PROVISIONS. City Hall,3rd Floor Corpus Christi TX 78401 AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 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/Umited Liability Companies 15. Legal Liability—Damage To Premises i Alienated Premises I Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments a 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22..Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Haza s 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 5094992449 Page 1 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2019 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Ccpydght CNA All Rights Reserved. includes oupydghted materiel of Insurance Services Office,Inc.,with its pennission. 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 l Insured's maintenance, operation or use of such equipment, provided that the occurrence glving 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 (1-15) Page 2 off 17 Policy No: 5094992447 Page 2 17 TRANSPORTATION INSURANCE COMPANY Endorsement No: 4Effective Date: 03j31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC, Copyright CNA AA Rights Reserved. Includes copyrighted material of insurence services ottics,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 lessors 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 o b. the construction,erection,or removal of elevators;or & c. the ownership,maintenance or use of any elevators covered by this Insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. I The coverage granted by this paragraph does not apply to: 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 i contract or agreement, the insurer will treat as a written contract any governmental permit that requires the If Named Insured to add the governmental entity as an additional insured. 09 H. Trade Show Event Lessor j 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: a CNA74705XX(1-15) Policy No: 5094992447 Page 3 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA M Rights Reserved. Includes copyrighted material of insurance Services Of ce,Ina,with its permission. OVA 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 i Named Insured is aware that this insurance may apply to such occurrence,offense or claim. S. 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: 5094992447 Page 4 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. Indudes copyrighted material cf Insurance services office.Inc„with Its pemdsslon. CNA CNA PARAMOUNT Contractors' General Liability.Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the.policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right,pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above,this Insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The Insurance provided by this Coverage Part applies to Named insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property.Damage Liability, the paragraph entitled r Exclusions is amended to delete exclusions k.and I.and replace them with the following: aThis insurance does not apply to: a k. Damage to Your Product Property damage to your product arising out of it,or*any part of it except when caused by or resulting from: (1) fire; I (2) smoke; (3) collapse;or s (4) explosion. ® 1. Damage to Your Work Property damage to your work arising out of It, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor,or CNA74705XX(1-15) Policy No: 5094992447 Page 5 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC-. Copyright CNA AA Rights Reserved. Indudes copyrighted materw of Insurance services office,Inc.,with its peanlssion. 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 S.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; C 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: 5094992447 Page 6 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNAAR 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; ! 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 CNA7470M(1-15) Policy No: 5094992447 Page 7 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA An Rights Reserved. tndudes oopydghtad matettal of Insmnoo semoes Office.Inc.,with Its pem-tIssion. CNACNA 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. AII: 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 1 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, I 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 arlsing 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: 5094992447 Page 8 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIt1E COMMERCIAL AQUATICS, INC. Copydght CNA AU Rights Reserved. indudes copyrighted material of insurance Services omos,Inc.,vAth Its pewaslon. 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). III. delete the exclusion entitled Contractual Liability and replace it with the following: This Insurance does not apply to: Contractual Liability i the tnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Ili. 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 EEO orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 5094992447 Page 9 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. CMdght CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with Its permissicn. 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: 1. add the following definitions: Health care incident means an act, error or omisslon 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 fumishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duty licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist, g. Physical therapist; h. Psychologist; 1. 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. It. 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; Ili. amend the definition of Insured to: a. add the following: i 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: 5094992447 Page W of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. includes copyrighted materw of Insurance services office,Inc.,with Its pem$sston. 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 i LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization Is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible Insurance purchased specifically to insure the partnership,joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) Insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above. But this provision will not serve to exclude bodily Injury, property damage or personal and advertising 9=1 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 ME 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) Pollcy No: 5094992447 Page 11 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copydght CNA AQ Rights Reserved. tndudea oopydghted material of Insurance Services Office,Inc.,with Its pearlsslam PWA 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; (5) 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), (5) 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: 5094992447 Page 12 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, 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 S. 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 S. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others In the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property-damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this$1,000 in order to effect settlement. If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE Is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit Is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, Including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(11)of the Other Insurance Condition is deleted and replaced by the following: (IQ That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner, or for personal property of others in the Named Insured's care,custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C—Medical Payments for all medical expenses because of bodily Injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 5094992447 Page 13 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. copyright CNA AG Wghts Reserved. includes copyrighted material of lnsumm Servkns GNBoe,Inc..wM Its pemd8sl6n. 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 cant'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: 5094992447 Page 14 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA AII Rights Reserved. Indudes copyrighted material of Insurance Services office.Inc..with Its permission. CJVA 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 einployment 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 sublease of any roam,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 Llability. 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 I are such that no conflict appears to exist between the interests of the Insured and the Interests of the Indemnitee; .2. The first unnumbered paragraph beneath Paragraph 21(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees Incurred by the Insurer In the defense of that indemnItee,necessary litigation expenses incurred by'the Insurer,and necessary litigation expenses Incurred by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising Injury and will not reduce the limits of Insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS MM 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: 5094992447 Page 15 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC.. Copyright CPA All Rights Reserved. Includes copyrighted material of Insurance services Office,tea,with Its pembston. NA 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 ball 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 co rage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for Injury or damage arising out of 1. the Named 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 j 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: 5094992447 Page 16 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. copyrtght cdA Aii Rtghts Reserved. tndudes copyrighted matertat of tnsurence services omce,Inc.,wEth Its pennlsston. �XA 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. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below, and expires concurrently with said Policy. CNA74705XX(1-15) Policy No: 5094992447 Page 17 of 17 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA A11 Rights Reserved. includes capydghted material of inswance services Office,[=,with fts pem lsston. CSNA `E9xx d.04 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 1. 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 11, Paragraph Insured,includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any Incorporated entity of which the 1. Which are no longer In farce;or Named Insured owns a majority of the Voting stock on the date of Inception of 2. Whose limits have been exhausted. this Coverage Form;provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section 11, Paragraphs A.2. (2)and A.2. (4) are A.I. does not apply to any such entity revised as follows: that Is an "insured" under any other liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is 2. Any organization you newly acquire or form, changed from$2,000 to$5,000;and other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from$250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section 11,Paragraph B.5 does not apply. a. is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception If. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered"auto,"any deductible farmed the organization;or shown In the Declarations will not apply to glass (2)* Any such organization that is an breakage if such glass is repaired, In a manner "Insured" under any other liability acceptable to us, rather than replaced. "policy"providing"auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section 111, Paragraph 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 Section III, Paragraph AA.b. is revised, with and non-contributory to insurance on which 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 to maximum,in lieu of$600. operating an "auto" hired or rented under a a. contract or agreement in that "employee's" GNA63359XX Copyright,CNA Corporation,2000. 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You must agree to that requirement prior to an Such "executive officers" are "Insureds" while "accident"or"loss." using a covered"auto"described In this provision. C. Concealment,Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of Inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or 'loss"is known to you B.S.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs S.a. Insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a- written contract. That written (6) Your "employees" may know of contract must have been entered Into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge; unless receipt of such documents Is known to you or if you are Section IV, Paragraph B. 7.(S).(a). is revised to not an individual,to any of your executive provide: officers or partners or your insurance a. 45 days of coverage in lieu of 30 days. manager. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS TO Us Section V. Paragraph C. Is deleted and replaced by The following is added to Section IV, Paragraph the following: A.S. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for Injury.or 0 t� r_s CNA63359XX Copyright,CNA corporation,2M. Page 3 of 3 (Ed.04/12) Includes copyrighted materiel of the insurance Services Office used with Its pennlssion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B.below applies, 1. bodily Injury,property damage,or personal and advertising injury caused In whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified In such written contract;or 2. bodily Injury or property damage caused In whole or in part by your work and included in the products- completed operations hazard,and only if a. the written contract requires the Named Insured to provide the additional Insured such coverage;and b. this coverage part provides such coverage. B. bodily Injury,property damage,or personal and advertising injury arising out of your work described In such written contract,but only if: 1. this coverage part provides coverage for bodily Injury or property damage Included within the products completed operations hazard;and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. 11. 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. Ill. 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: s 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, 1 field orders,change orders or drawings and specifications;and 2. supervisory,inspection,architectural or engineering activities;or . B. any premises or work for which the additional Insured Is specifically listed as an additional insured on another = endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary In the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, �= the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional Insured whether on a primary,excess,contingent or any other basis. However,if this insurance is required by written o CNA75079XX(1-15) Policy No: 5094992447 Page 1 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyd&t CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its perp tssion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to Insurance on which the additional Insured is a named insured. V. Solely with respect to the Insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit Is amended with the addition of the following: Any additional Insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the Investigation,defense,or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self Insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this Insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional Insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional Insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additi0nal Insured on this coverage part,provided the contract or agreement: A. is currently In effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury for which the additional Insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and Is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Policy No: 5094992447 Page 2 of 2 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with Its pomasston. CA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown In the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for Injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and Included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. i CNA75008XX(1-15) Policy No: 5094992447 Page 1 of 1 Endorsement No: 9 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name:PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CMA Ail Rights Reserved. Includes copyrighted material of insurance services ofthm,Inc..with Its pemdsslan. TPevxasMutuar WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND �; WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily Injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium far 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 I 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED,SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective an the Inception date of the policy unless a different date Is indicated below. . (The following'attaching clause°need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on 03131/2017 at 12:01 a.m.standard time,forms a part of.. Policy No.0001223875 of Texas Mutual Insurance Company effective on 03/3112017 Issued to: PROGRESSNE COMMERCIAL AQUATICS INC /I „rf J7 Premium: $6,567.00 Authorized Representative NCCI Carrier Code:29939 03123!2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 texasmutual.com WC 42 0304 B 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): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: "Per schedule on file' Address: "Per schedule on file" "Per schedule on file" TX 77073 , If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX(1-15) Policy No: 5094992447 Page 1 of 1 Endorsement No: 26 TRANSPORTATION INSURANCE COMPANY Effective Date: 03/31/2017 Insured Name: PROGRESSIVE COMMERCIAL AQUATICS, INC. Copyright CNA All Rights Reserved. . J Policy Number: C5095120963 CAM CN(Ed.02/13 NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. s CNA68021XX(Ed.02/13) Page 1 of 1 Copyright,CNA All Rights Reserved. . f Texasmutu WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following'attaching clause"need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on 03/31/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001223875 of Texas Mutual Insurance Company effective on 03/31/2017 Issued to: PROGRESSIVE COMMERCIAL AQUATICS INC Premium: $6,587.00 Authorized Representative NCCI Carrier Code:29939 a3r2s►zot7 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 1 texasmutual.com WC 42 06 01