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Resolution - 2005-R0236 - Contract - Whitehead Brothers Painting LLC - Painting Of Ground Storage Tank - 06/09/2005
Resolution No. 2005-RO236 June 9, 2005 Item 34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the exterior painting of six -million gallon ground storage tank, by and between the City of Lubbock and Whitehead Brothers Painting, LLC of Hillsboro, Missouri, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th ATTEST: R be ecca Garza, City Secretary APPROVED AS TO CONTENT: WoofFranWin. Interim Chief APPROVED AS TO FORM: ity Attorney ml/ccdocs/Contract-WhiteheadBrosPainting. res May 26, 2005 day of June , 2005. No Text City ofLubbock Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING _ 1625 13"' STREET LUBBOCK. TEXAS 79401 PEI: (806) 775-2167 FAX: (806) 775-2164 http:/r'purchasiug.ei.lubbock.tx.us ITB #05-046-BM, Addend ADDENDUM #2 ITB # 05-046-BM Exterior Painting of Six -Million Gallon Ground Storage Tank DATE ISSUED: May 10, 2005 CLOSE DATE: May 11, 2005 @ 3:00 P.M. um #2 The following items take precedence over specifications for the above named Imitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The following paint system will be approved as equivalent to TNEMEC Series 27 F.C. Typoxy (Primer), Series 1074 Endura-Shield I1 with Series 44-600 UV Blocker (Topcoat) for the 6 MG Ground Storage Exterior Painting Project: Carboline Primer: Carboline Rustbond Topcoat: Carboline 134 HG Polyurethane with UV Blocker Additives All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to bntacnair0mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shalt be the bidder's responsibility to advise the Cite of Lubbock Purchasing Manager if any° language. requirements, etc., or an,,, combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 17'B#05-046-BN,1Ad2.doc ITB #05-046-BM. Addendum ti 1 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 137 ' STREET LUBBOCK, TEXAS 79401 P11: (806) 775-2167 FAX: (806)775-2164 http:/,,purchasiiig.ei.lubbock.tx.us ADDENDUM #1 ITB # 05-046-BM Exterior Painting of Six -Million Gallon Ground Storage Tank DATE ISSUED: May 3, 2005 CLOSE DATE: May 11, 2005 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit *** REVISED *** BID SUBMITTAL LUMP SUM BID CONTRACT, attached. 2. The City requires additional work related to this project. The elevated storage tank located on 34th and Ave W was recently vandalized and requires a small over coat. The area that requires overcoat is located on the side bowl of the tank and covers an area approximately 300 square feet. This over coat will require TNEMEC Series 30-15BL Tank White Ca 3.0-4.0 dry mils. No substitutions will be accepted on this line item as we are matching an existing pant on the tank. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to bmacnau-(cPmvlubbock.us THANK YOU, CITY OF LUBBOCK Bruce MaeNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Ciri of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-046-BMAd l .doc ITB #05-046-13M, Addendum 91 *** REVISED *** BID SUBMITTAL LUMP SUM BID CONTRACT 107.1101 PROJECT NUMBER: #05-046-BM - EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a EXTERIOR PAINTING OF SIX - MILLION GALLON GROUND STORAGE TANK having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM # 1- BASE BID MATERIALS: ($ ) SERVICES: ($ ) TOTAL BASE BID: ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ITEM #2: Over -paint vandalized portion of elevated tower at 35`h and W, approximately 300 square feet. MATERIALS: ($ ) SERVICES: TOTAL ITEM #2: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. IT13905-046-13MAd t .doc ITB #05-046-BM, Addendum #I Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shalt be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - NVWBE Firm: Woman Black American dative American Hispanic American Asian Pacific American Other (S ecif ) ITB#05-046-BMAd I.doc CITY OF LUBBOCK SPECIFICATIONS FOR EXTERIOR PAINTINGS OF SIX -MILLION GALLON GROUND I ITB #05-046-BM Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY http://pr.thereproductioncompan, Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas .. 1dlild ".. WOM"Gle, 1� TITLE: EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK ADDRESS: LUBBOCK, TEXAS PROJECT NUMBER: 91032.8304.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PEi?zFaRm*�ieE Be? 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS 9 NOTICE TO BIDDERS ITB #05-046-BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 11th day of May, 2005, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK" 7 After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 11th day of May, 2005, and the City of Lubbock City Council will consider the bids on the 26th day of May, 2005, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in i- the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to fiunish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 26th day of April, 2005 at 10:00 o'clock a.m., in CONFERENCE ROOM 204, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, http://pr.thereproductioncompany.comi, Phone: (806) 763-7770. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. = The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. THE r R REPRODUCTION ( ; , Z COMPANY CL� West Texas Reprographics Headquarters 2102 Ave. Q Lubbock, TX 79411 1806)763.7770 (888) 889-5978 http://pr.thereproductioncompany.com CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER Price per Complete Set: $ 8.01 GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK per the attached specifications and contract documents. Sealed bids will be received no later than 3:00_p.m. CST, the 11th day of May, 2005 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or 3 container plainly labeled in the lower left-hand corner: "ITB #05-046-BM, EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m., April 26th, 2005 in CONFERENCE ROOM 204, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at littp://vr cA w.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES V"%ITHOUT INTERNET ACCESS may use computers available at most public libraries. t 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://w-xvw.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. -= 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information �4 1 A' supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. ,' 7 LICENSES, PERMITS, TAXES 10 11 12 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQIMEMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13t` Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: htip://vcTvw.RFPdepot.com r- 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the F, 24 25 26 Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Y' Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a �- diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES .. - Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. i 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name �# 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. 5 (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy J the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: f (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 2 3 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 8 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 9 : It 1 rR , rrB #05-046-BK Addendum #Z' The d`ea in rorttpliazit ith.your irivitatiQh to laid for the eonsfituetion cif a EXTERIOR PAINIWG Gp SIX '.GALi:;Q GROUND .'STORAGE TANK -I,vitig. carefi�,lly examined the plans; specifzcatious, isttuctions to bidders,• riotice''to`,bidi4ers and ell .other' related contract documents and tt►e .site of the intended Work, and' laeing familial v�iith all of the'ccinditious surrounding: the construction- of the intended project inclndugg . `'' te.availalaility ofrrxaterials apd-1abor, hereby. all :ialaon ap4wri 'ls, said supplies; %nd to construct, ''.'-the project xsi accordance with the plans; spoci&ation% and.. contract'docutiients,. within the tune set forth therein . :aAd at the priers sta# d::belc»v.'The'ptl�e`'to cover 'all expenses,ipcurred in the work required under the eonttic# documents. TS o 6 TQTAL.HA$E EIp:. .Ti^y':2. ( , (A*OiIJkt sh 'be #bawu.La,both worth'noad nowerAb- Int cage of d1weiiapey, the sunnuut zhuo vn in words,shan govern.) BEM t#2: Overlpaialt Vandalized port(op, of elevated t6wer'at .35 . and W, approximately 300 square. feet.- RJA Woo• J 500., ° 3 is 00 x:' (Q Imola+ sb aAF be. *o" to bq* wards amd. aap rov, xP case of dtserepa0y, the amonnt shown JA words 64 govern:) Bidder heieby•agrms to comnienipe the work on the above project on or betbr6 a date tp be specified in a written "Notice .to hoceW 4i..the 0vvner .and. to substantially.: odirdplete: the project Within ;,_ .:: eonseciitive calendar days:, thereaifer - as 'stipulated in the specifications and other contract documents..' Fielder s ; ireraby:.iirther ' agrees to pay • to : owner as liquidated diages die suni of SSpU (p'[Tl�T1RED) for each .,.. ;x',::,:; ,: cansecittive' calendar day iai' excess of..the tinio set' fort% here'va .above '.foar completion o;� this project, all as �aaoxe ' flilxy set forth -in -the geaoraf condition of the contract'doei vents. l id4er:iwderstands•: and.agzees;that. this bid submittal shall be completed and submitted in accoxdanice with instra,etibn number 28 -o;f the General. Instructions'to Biddm.—. 1"1B#b3 046 B6?Adl-doc . $-. 6-111.1-..d rM #05-04"A'f,:Addendum 41 Bicideut ubderstantls thafthe.:* er reserves the right to reject any or all bids and.'to waive any formality '•in the bidding. :' 'ihe..Bidder' agrees that .ibis .bid shall be good and may not be withdrawn for a period of thirty (3' ::calendar days. after, the 'scheduleii clos ng.time for receiving bids. :.Tile :unclersigrted.Boldcr hereby ully 'declares that he has visited the site of the work and has caref »` 1ca fined the 'plena; speai taatiotls 'and- contract' documents pertaining to the work coveted -by this bid, andlie :: '.further: agrees' to comnacuee .work' on. or'. before the date specified in the written notice to, proceed, and to t ; ' •;. silbstaritially complete: the work ort ,viktJl he has bid; as provided in the contract documents. . Bidders are a : whethet' or not a payment or performance bond is required, to • submit a cashier's. �..•'•,_: check or certi#ied chedk-jssu4by dba'A satisfactory to the City of Lubbock or a bid bond from a reliable surety `' ' pany,.payable: without =6'ttt5e to the order of the City of Lubbock in an amount not less than five percent of the -iotil ' ameiuut o£ the.'hid submitted as a guarantee that bidder will. enter into a contract, obt.i & hjl :.reed. i ce -pol'ioies,: and execute. all 'necessary bonds (if required) wid iin. tifteeu ' (25) days after notice of award of . the contract to : him, ;;.. bid is a Cashier's Check or Certified Check - tor - Dollars (S or a Did Bond ' in the :sum . - of . p _ Dows (S Of). which it is agreed shag be collected and ' retained by the Q►". q eir, as• .Ugiddated :dgmages in a event the bid is accepted by. the ' Uwaer and the a' ;'' pi eareign+ed folly to ; exe+ Ute #tip 'nicessary contract documents, insurance eertifleates, and 'the ' re�nired . atiy) vvl 4el.. er:'within.H£teen (15) days after the date of receipt of'-wriiten .notification of : cceptaoce a£sa#d:hii ; o#hearvvisc, eaid cheek or bond shall be returned to the undersigned' upon demand. Bidder umdearstands and agrees th4t.-the contract to be executed. by Bidder shall be baand• and include all - •;coz tiact dnculi imts made available. iotft for bus inspection in accordance with the lNotice to Bidders. ' . . Date: -Pursuant to Texas Local d6vernment Code 252.04Ca1, a ':cornpetltive s.asted-old ttrat has bee -opened may not be i {` '' ::.. :than ed forthe se.of. cbFr4,60n an_erri In-th oldj'- g �� la . •' pr #m.-.•THEREFOR; ANY: CORRECTIONS TO THE BID. l `..''PRICE MU671E IhAKDE ON THE SID.SUBMITTAL FORM Authorized Signature .:PRIDR TO'BIQ OPt +iltV.ts ; t 1 kcvt {Printed or Typed Name) ' (S egd if Bidder is A,IVY A'MgTi . Company , ::r,., ..... Address tt ato ecretary ,'*dder acknowledges -lreseeipt of the foUowing addenda. city, S County • �O s i� dendaN': Date. ads -}'= State lip Cod Teleph ne: � - 'y7 -- 39�b' Addenda No, Fax: — • addenda No. h ` Date. ddenda No. Date,. 0 c�im411Ga Q As' I i I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ I I ❑ ❑ 0 ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME:hk Q��'�,ers �A''`1 �`,�� L• L. o _ (Print or Type ) CONTRACTOR'S FIRM ADDRESS: i � 'y`'�"� 0"`) �d 4 w ) isbo"d wio. 63o.�'b Name of Agent/Broker: Crntj C- A e,✓ C Address of Agent/Broker: 100 S. !:s ,4e- �0 0 City/State/Zip: 51L C, S 0), S-S'o u t . Agent/Broker Telephone Number: yy y - y9 / -. Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (906) 775-2165. BID #05-046-BM - EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK No Text SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safetyrecords of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: `- Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fries assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NOX� If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO� If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Title 6 No Text SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or _ making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY Signature of Company gro4cr_f L,L.C, Date Signed: :5 - i - O Printed name of company official signing above: •T k4rtS R co 7 Bond No. Not Applicable The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Whitehead Brothers Painting LLC, 9639 Persimmon Point, Hillsboro, MO 63050 as Principal hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the state of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, 1625 13th Street, Room 204, Lubbock, Texas 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount -------------------------------------- Dollars ($ 5% of Bid------ ), 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 Project No. ITB-#05-046-BM, Cleaning and Painting NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this I Ith day of May 2005 Witness Whitehead Brothers Painting LLC /►-- Princ' a (Seal), By: Name/Title Western Surety Company r S ty (Seal) : - fitness By +— Theresa A. Hunziker"'Attorney-in-Fact ORSC 21328 (5/97) In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars (S0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. corm �7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James P Cittadino, Gregory L Stanley, Michael T Reedy, Theresa Hunziker, Kathleen Fourcault, Gary L Riek, Donna J Thone, Christopher M Layton, Individually of Saint Louis, MO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of September, 2003. r !STATE OF Missouri SS: COUNTY OF City of St. Louis On May 11, 2005 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Theresa A. Hunziker known to me to be Attorney -in -Fact of Western Surety Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I hav d affixed my official seal, the day and year stated in this certificate above. KATHLEEN FOU C Seal Notary Public - Not STATE OF MISSOURI City of St. Louis My Co i sion Expires: Aug. 11, 2007 �U NOTARY PUBLIC _ _, ___ ______. __...., L,-,.nw ul uro wrpurauun pnn= on me reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11 th day of May 2005 11 V�19 ..�N41D' -Wi s AI A %Jp Form F4280-01-02 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. '- 1 :• � BOND EXECUTED IN TRIPLICATE BOND NO. 58630026 F STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Whitehead Brothers Painting, LLC (hereinafter called the Principal(s), as Principal(s), and Westen Surety Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Fifty -Six Thousand Nine Hundred & No/100 Dollars ($56,900.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of June , 2005 , to Bid #05-046-BM - Exterior Painting of Six -Million Gallon Ground Storage Tank and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of June 2005 Western Surety Company Surety (iitl) The A. Hunziker, Att rney-in- act Whitehead Brothers Painting, LLC (Company Name) Bv: I �Pr2.$ A cc) I (Printed Name) a (Signature) Pre s: af'j (Title) BOND EXECUTED IN TRIPLICATE ' ' BOND NO. 58630025 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Western Surety Company Surety (Title) Theresa A: Hunziker, Attorney -in -Fact Approved as to form: City of Lubbock By• Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Irj, BOND NO. 58630026 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars (S0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (9010) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F73 10 No Text No Text Western Surety Company BOND NO. 58630026 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James P Cittadino, Gregory L Stanley, Michael T Reedy, Theresa Hunziker, Kathleen Fourcault, Gary L Riek, Donna J Thone, Christopher M Layton, Individually of Saint Louis, MO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of May, 2005. ea�SVRETyc .y WP4PQCirgr.�ga TV A >N ppyt�v. State of South Dakota County of Minnehaha I ss WESTERN SURETY COMPANY _'2 Paul 70,ce President On this 23rd day of May, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 8 s D. KRELL r NOTARY PUBLIC( November 30, 2006 a SESE r s SOUTH DAKOTA aIla k4tij ♦44444444444444444444444 + D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20TH day of JUNE 2005 j�syaer _y 4oQP0ggr� b� Iz� Form F4280-01-02 WESTERN SURETY COMPANY C-Y 2&Z' ."/ L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CERTIFICATE OF INSURANCE AUG-03-2005 14:49 CRANE AGENCY GARY RIEK ACORQ. CERTIFICATE Of LIABILITY INSURANCE I DATE(MMIDD/YYYY) 08 03 05 PRO Charles L . Crane Agency-Brch#3 200 south 4th St.- Suite 900 St. Louis NO 63102 Phone:314-241-8700 Fax:314-444-4970 THIS CERTIFICATE 0 ISSUED AS A MIATTER'06 INFORMATION ONLY AND CONFERS NO RIGHTS UPON:THIF CERTIFICATE HOLDER. THIS CERTIFICATE DOES NETTT.AMEND, EXTEND ALTER THE COVERAGE ARFORDED BY THE POLICIES OR BELOW. INSURERS AFFORDING COVERAGE NAIL# INSURED t�hell it $Q�scnFaisstiaQ, Ir riboso 398 t IIWLIRERA: Aesaipan states uauaanas Ce 19704 -WOUIRERB: Texas Mutual Insurance Co. RMIRERC: MsitlR6R D IN61E+eR L!: THE POLICIES OF INSLBNWCE 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 DOCUMOFT WITH RESPEOTTO WHICH THIS CERTIFICATE MAY EE ISSUED OR NAY PERTAIN, THG INSURANCEAFFOROED BYTHE POLICIES 096CRKD HEREIN 16 SUBJEC'T TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -16TR 119M OP MRWM POLICY NUMM DA "N"EtEMB" UMITs _.._..._ .._.._._ it �^ X GENERALLt"LITY x COMMe CALGENERALLIAB11M CLAMS MADE XX OCCUR OIC05270132 03/10/05 03/10/06 6ACH000URRENCE 81000000 IRS ocg i 200000 I=VW(Any oneMrW) a 10000 _ .81000000 ~ PERSONAL iADVMURY X CG2503 GENERALAGGREGATE i 2000000 OEMLAGORM71!LIMIT APPLIESPER: POLICY LOC PRODUCTS-.COMNOPAOG s 2000000 i A L AUiOMDEE.E LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIREDAUTOS x NON-0WNEDAUTOS 01CG5270132 03/10/05 03/10/06 Cal �NJED,ON" LIMIT tea oM $ 1000000 _ (PK pgMOfi — i RY (Lied Nj : GARAGE LABILITY ANY AUTO AUTO ONLY L EA ACCIDENT R EAACC AUTO ONT lY� AGG i S ^— -- r EXCBaa IMBRELUI IIABRlTY OCCUR CLAIMS MADE O�UCTIBLE RETENTION S EACH OCCUM U NCE i AGGREGATE S - a • . , i B T� - WORXERS COMPIE MTION AND ANY ART„IEIVE&DUTIVE yyww�da� ��,BqR�rEXCL� SPECIALPROVIS10NSt�etow QUOTE 981BPQ0007379 00/03/03 09/03/06 X ;L.EACH ACCIOEIT S500000 LI.L.ol9-FARMRJD $500000 _ s 500000 - ELLDIEEIm.,Po=LIMIT OTHER WCRI"ONOFOPEMYtOMILOOATWWIVWQCLUIECCLUSIONA EDBY ENDORSO1141WI P _1ha City of Lubbock Texas is an additional insured under general liability as respects work performed by the insured under written contract. Texas --'rftiver of Right To Recover endorsoaent included in workers compensation )Oliay. City of Lubbock, Purchasing l t. , Room 304 Nkmicipal Bu lding 1625 13th St. Lubbock TX 79401 LUB>i0-1 3MUKLJ ATION OHM" ANY OF THE ABOVE DEBCIMBBD POLICIES BE CANCELLED BeFORR THE SXPIRATIO DATE THEROOE, THE IBMENG INSURER WILL ENNAvoR TO MAR 30 GAYS W WTTEN NOTICE TO THE CENVIFICATE HOLDER NAMED TO THE LVr, BUT FAILURE TO DO 60 SHALL WPOEE NO OBLIGATION OR LIABILITY OF ANY 00 UPON TER INSURER, ITS AGENTS OR 111090 WTATNESL CORD 25 (2001105) AUG-03-2005 14:49 CRANE AGENCY GARY RIEK P.03/05 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Cerfificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon 25 (2001108) AUG-03-2005 14:49 CRANE AGENCY GARY RIEK J NCCI I Workers Comp Forms 101/01/00 -' WORKERS COMPENSATION AND EMPLOYERS LIABILITY -INSURANCE POLICY WC 42 03 ,09.A Effective January 1, 2000 ------------------------------------------ TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization t ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 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: Notes: 1. Use this endorsement to effect a waiver of recovery from others in accordance with Rule II, Section G, of the Texas Workers' Compensation Manual. 2. If blanket waiver of recovery from others is written, the following wording should be inserted following Operations in the Schedule: s hftPs://www.silvciPlumc-com/sPonline/SPSaae.a=?CMd=&rkid=VI.QI-AgZM=z'YQco)cAY...' ' 011210MAE AUG-03-2005 14:50 CRANE AGENCY GARY RIEK P.05i05 All Texas Operations. ®NCCI Holdings, Inc. 02005 SiiverPiume Reference Systems, Inc. All Rights Reserved. boos://www.silvemiume:com/soonlineJSP4Aar..A�an?nmr rinr.R�i� N1 Ai �c�rri=��ac�c�e.�o; WIMAnc AUG-03-2005 14:49 CRANE AGENCY GARY RIEK P.01i05 Date: �umber of pages including cover sheet, 5 TO: Lisa Hutchinson / City of Lubbock I Purchasing Department Phone: 808-775-2277 Fax: 80&775-2164 FROM., Kathy Fourcauit Charles L. Crone Agency 100 South 4th Street Suite 800 St. Louis, MO 63102 Phone. (314) 444-4988 [Subjects_ _ Whitehead Brothers Painting, LLC / Texan Certificate REMARKS: U ent For Your Review Re l ASAP Please Comment Per our conversation, here is the certificate showing a waiver of subrogation. I've attached a sample of the waiver endorsement which will be attached to the' -policy when it's issued. The actual policy endorsement will show the City of Lubbock on it. Once the policy has been received, I will send you a copy of the actual endorsement if you need it. Thanks for your patience. Kathy Fourcault Unless Expressly Stated,. This Document Shall Not Be Construed -To Effect Or Bind Coverage In Any Way. If You Do Not Receive All Pages, Please Call (314) 444-4988. JL": 06-2005 16:19 CRANE AGENCY GARY RIEK SAFECCr COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE P CO IM 74 10 02 OLICY. PLEASE. READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORS EMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Otaniaadon: OICG5270131 DUTY TO DEFEND Paragraph a. of SECTION I _ - COVERAGE A and COVERAGE B is replaced by -the following: a• We will pay those Burns that the insured be. comes legally -obligated to pay as damages because of ' `bodily injury", 'property damage or "personal injury and advertising Injury" to which this insurance applies. We will have the right and duty to defend the in. sured against any •suit• seeking those dam. ages. Our duty to defend begins once you notify us of a suit as described in SEC. TION IV — COMMERCIAL GENERAL LI. ABILITY CONDITIONIS, 2.b. However, we will have no duty to defend the insured against any °suit• seeking damages for "bodily injury"a "property damage,or "personal iff ury or advertising injury' to which this insurance does riot apply. We may, at our discretion, investigate any "occurrence" and settle any claim or «suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION ill LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in. the payment of judgments or settlements under COVERAGES A or 8 or medical expenses under COV ERAGE C. No other obligation or liability 'to pay sums or Perform acts or services - is covered unless ex- plicitly provided for under. SUPPLEMENTARY PAYMENTS — COVERAGES A AND t3. EMPLOYERS LIABILITY The last paragraph of exclusion e. of SECTION 1 COVERAGE A is replaced by the following: This exclusion does not apply to liability assumed by the insured under an "insured contract" ex. cept for that part of a Indemnifies any persocontract or agreement that sole liability. n or organization for their C© 66 i4 10 02 i�swr ti _. • w---- JUL-06-2005 16:19 CRANE AGENCY GARY RIEK P.05i08 wRONGPUL EVICTION (S) The maintenance, operation or use by The following exclusion is added to SECTION. I .. you of equipment leased to. You by such COVERAGE 8; person - or organization, subject to the The wrongful eviction from, wrongful aril into following additional provisions: or invasion of the right of private occupancy of a (a) any soccurrenThis co which takes place room does not apply to , dwelling or premises arising out of any: after the equipment lease expires; (�) "Property damage" to the room, dwell- (b) This insurance does not applyto ing or premises; or bodily injury°" or "bodily injury" sustained through occu- damage" arising out of the 'property -r pancy of a room, dwelling or premises; negligence of such person or or- ganization; ADDITIONAL INSURED — BY WRITTEN COIN. (4) Permits issued b a TRACT, AGREEMENT OR PERMIT, OR SCHED. subdivision with rest state or political Utz performed b �� to operations y you or on your. behalf, The following paragraph is added to SECTION II subject to the Following additional pro - WHO IS AN INSURED; vision: This insurance does not apply to "bodily 6. Any person or organization shown in the Schad- injury," "property damage, , "personal ule or for whom you are required by written con. and advertising injury° arising out of op- tract, agreement or permit to provide insurance a unici s performed for the state or is an insured, subject to the following additional mmunicipality;provisions: e. The insurance with respect to any architect, a. The contract, agreement or permit must be engineer, or surveyor added - as an insured In effect during the policy period shown. in by this endorsement does not apply to the Declarations, and must have been exe. bodily injury, 11 "property damage.,, cuted prior to* the "bodily injury," "property Personal and advertising injury" arising out damage," "personal and advertising injury." of the rendering of or the failure, to render b. The any professional services by or for you, in - person or organization added as an in- eluding: sured by this endorsement is an insured only to the extent you are held liable due to: (1) The preparing, approving, or failing to (1) The ownership, prepare or approve maps, drawings, p, maintenance or use of opinions, reports, surveys, change or - that part of premises you own, rent, ders, designs or specifications; and lease or occupy, subject to the following additional provisions: (2) Supervisory, inspection .or engineering (a) This insurance does not apply to services. any occurrence" which takes place d. This insurance does not apply to "bodily after you cease to be a tenant in injury" or "property damage" included within any premises leased to or rented to the "products -completed operations haz- you; ard." (b) .This insurance does not apply to any structural alterations, new con- struction or demolition operations Performed by or on behalf of the Person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; e. A Person's or organization's status as an in- sured under this endorsement ends when Your operations for that insured are com- pleted. f. No coverage will be provided if, in the ab- sence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. JUL-06-2005 16:20 CRANE AGENCY GARY RIEK S. The defense of 'any claim or "suit° must be tendered . as. soon as practicable to all other insurers which .potentially provide insurance for such clairrr or: "suit". h. The insurance provide lesser of: d will not exceed the (1) The coverage and/or limits of this policy, or M The coverage and/or limits required by said contract, agreement or permit. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LUIBILITY - Exclusion g. of SECTION I — COVERAGE A is re. placed by the following; g• "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft.owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading." This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, IF the "occurrence" which caused the °bodily injury', or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, auto or watercraft that is owned or. operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises. YOU own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or Property for a charge; (3) Parking an -auto' on, or on the ways next to, premises you own or rent, pro. vided the "auto` is not owned by or rented or loaned to you or the insured; (4) Uabliity assumed under any insured nance r or use Of aircraftr watercraft; aor (5) "Bodily injury- or 'property damage' arising out of the operation of any of the P . 06/08 .__i equipment listed in - paragraph f�(2) or f.(3) of the detinillon- of Mont."mobile equip. - (8) An aircraft you do not own provided it is I operated by any insured. TENANTS' PROPERTY DAMAGE LIABILay When Damage To Premises Rented To You Umit is shown in the Declarations, SE CTION 1 — COVER - AGO A, exclusion I., is replaced' by'the following: 1• Damage To Property "Property. damage- to: (1) Property 'you own, rent,. or occupy, in. cluding any costs or expenses Incurred by you, or any other, person, organiza- tion or entity, .for repair, replacement, enhancement, restoration ' or mainte- nance of such property for any reason, including prevention of injury to a per. son or damage W.arwthees'property; (2) Premises you sell, give away or aban. don, it the "property damage" arises out of any part of these premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured, (6) That particular part of real property on which you. or any contractors or sub. contractors working directly or indirectly on your behalf" are performing open. ations, if the: -prgperly damage". arises out of those operations, or (0) That particular part of any property that must be restored, repaired or replaced because "yow work" was incorrectly Performed on N. Paragraphs (1), (3) and. (4) of this exclusion than dameply to `"property damage" (other 0o by fire), to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To premises Rented To You as described in SECTION III _LIMITS OF INSURANCE Paragraph (2)of this exclu- sion does. not apply i f the premises are "your work" and were never occupied, rented or held for rental by you. t- CO 80 74 10 02 JUL-06-2005 16:20 CRANE AGENCY GARY RIEK P.07/08 Paragraphs M, (4), (5) and (6) of this exclu- lion coo not apply to liability assumed: under retention available to the in. a sidetrack agreement. demnitee; and. Paragraph'(Q of this exclusion does not ap- EMPLOYEES AS INSUREDS Ply to "property damage° included in the SERVICE HEALTH CARE "products -completed operations hazard." Provision 2a.(1) d. of SECTION 11 —WHO IS AN Paragraph 6. of Section III is replaced by the follow- INSURED is deleted, unless excluded by separate ing' endorsement. 6. Subject to & above, the Damage To Property EXTENDED COVERAGE FOR NEWLY ACQUIRED Limit is the most we will pay under COVERAGE ORGANIZATIONS A for damages because of "property damage".to any one premises, while rented to you, or in the Provision 4.a. of SECTION It case of damage by fire, while rented to you or SURED is replaced by the following - IS AN IN. temporarily occupied by you with permission of a, the owner. Coverage under this provision is afforded only until the end of the policy period. The Tenants' Property Damage To Premises Rented EXTENDED "PROPERTY D To You limit is the higher of $200,000 or the amount AMAGE" shown in the Declarations as Damage Rented To You Limit. To Premises Exclusion a. of SECTION 1 —,COVERAGE A is amended to read: WHO IS AN INSURED . MANAGERS a• "Bodily injury, u 1 rY of "property damage" ex - The following is added to Paragraph 2a. of SE pected or intended from the standpoint of the SECTION insured. This exclusion does not, apply to 11 WHO 18 AN. INSURED: "bodily injury° or "property dame ing from the use of reasonable force to proresulf- Paragraph (1) does not apply to executive officersor tect persons or property, to managers at the supervisory lev, el or above. INCREASED MEDICAL EXPENSE VERAGES A The medical expense limit LIMIT SUPPLEMENTARY PAYMENTS — CO AND 8 — BAIL BONDS it is amended to $10,000. Paragraph 1.b. of SUPPLEMENTARY PAYMENTS KNOWLEDGE OF OCCURRENCE — COVERAGES A AND 0 is replaced by the follow- The following is added to Paragraph Z SECTION IV ing: b. Up to $2,000 for cost of bail bonds required COMMERCIAL GENERAL LIA131LITY CONDITIONS Duties In The Event Of Occurrence, because of accidents or traffic law violations dense, Claim Or Suit of: arising out of the use of any vehicle to which - the Bodily Injury Liability Coveraoe applies, Knowledge of an "occurrence," claim or "suit" by We do not have to furnish these bnds p Your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an SUPPLEMENTARY PAYMENTS officer of the named insured has received such notice AND 13 COVERAGES A from the agent, servant or erriployee. INDEMNITEES AND ADDITIONAL IN- SUREDS INSURED CONTRACT Paragraph 2.t.(1) (d) of SUPPLEMENTARY PAY- Mt~NTS — COVERAGES A AND a is replaced by DEFThe I NITIONS, ollomg definition is added to SECTION V - the following: (d) Cooperate with us with respect Definition 9. "insured contract" par- agraph },; to coordinating other applicable (4) That part of.any contract or agree - insurance and self -insured ment that indemnifies an y person or organization for the ind rnn tee's rt sole tort liability. JUL-06-2005 16:20 CRANE AGENCY GARY RIEK P.08/08 OTHER INSURANCE The first paragraph -of. Other Insurance of SECTION N - C"MORCIAL MNERAL LIABILITY CON. DITIONS iS replaced W1111,016 following: If other valid and collectible insurance, or any self -in• sured retention,' is available to: the insured for a loss WO cover under COMIAGE A or B of this Coverage Part, "obligations are limited as follows: METHOD OF SHARING The second paragraph of Method of Sharing of SEC. TION IV -. COMMERCIAL GENERAL LIA81Li7'Y CONDITIONS is Tepiaced with -the following: N any of the other insurance does not bution by equal shares or is subject to asON-inrmit su retention, we will contribute ' by limits. Under this method, each insurer's share is:based on the ratio of. Its applicable limit of insurance or SON -insured re- tention or both combined to the total applicable limits Of insurance of all insurers and the amount of any $04nsured retention. . UNINTENTIONAL. FAILURE; TO DISCLOSE A HAZARDS LL The following is added to Paragraph & Representa- tions of SECTION IV _. COMMERCIAL GENE LIABILITY CONDITIONS: RAL If you unintentionally fail to disclose any hazards ex. Isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation• or non-ren6wal. LIBERALIZATION CLAUSE The following paragraph is added to. SECTION IV T ONSCOMMERCIAL GENERAL LIABILITY CONDI- 10. If a revision to this Coverage part, which would Provide more coverage with no additional premium, becomes effective during the poll Period in the state shown 'in the Declarations your policy will automatically provide this addi. vision, tional coverage -on the effective date of the re - CO 067A 1002. JUL-13-2005 16:18 CRANE AGENCY GARY RIEK P.02/25 FA SAFECC' C 4126 02 03 NOTICE TO POLICYHOLDERS RESTRICTIONS OF COVERAGE WAR LIABILITY EXCLUSION ENDORSEMENTS This notice has been prepared in conjunction with the implementation of changes to your policy. it contains a brief synopsis of any significant restrictions of coverage that were made in each policy form and endorsement. The endorsements below replace the current war exclusion to expand beyond contractually assumed- liabilities and medical payments or introduce a war exclusion in forms which did not contain one. Please read your policy, and the endorsements attached to your policy, carefully. -f CG 00 6212 02 — War Liability Exclusion (Cornmercial General Llablllty Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury, property damage, or personal and advertising injury, however caused, arising, directly or indirectly, out of: • war, including undeclared or civil war; • warlike action by a military force; or • insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in. hindering or defending against any of these. A specific Medical Payments Exclusion is no longer needed in the policy due to the fact that they are now sub- ject to Exclusion g. of paragraph 2. Exclusions of Section 1 — Coverage C — Medical Payments, which are now excluded under Coverage A. CG 00 63 12 02 — War Liability Exclusion (Owners and Contractors Protective Liability Coverage Part and Products/Completed Operations Liability Coverage Part) When this endorsement is attached to your policy, coverage is restricted to exclude bodily injury or property damage, however caused, arising, directly or indirectly, out of; • war, including undeclared or civil war, • warlike action by a military force; or • insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. O ISO: Properties, Inc., 2003 i A rnWiand hadamvW of SAFEW rwpomlce C 4125 02 03 Page 1 of 2' EP JUL-13-2005 16:18 CRANE AGENCY GARY RIEK P.03/25 CO 00 64 12 02 — War. Liability Exclusion (Liquor Liability Coverage Part, Pollulon Uabillty Coverage pant, Railroad Protective Liability Coverage Part, and Underground Storage. Tank Policy) When this endorsement is attached to your policy, a war exclusion is added to exclude injury or damage, how- ever caused, arising, directly or indirectly, out of: * war, including undeclared or civil war; * warlike action by a military Force; or • insurrection, rebellion, revolution, usurped power, or action taken by governmental: authority in hindering or defending against any of these. Page 2 of 2 JUL-13-2005 16:19 CRANE AGENCY GARY RIEK P.04/25 Insurance COMMERCIAL GENERAL LIABILITY w CO.00 01 12 04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, or settlements under Coverages A or 8 Read the entire policy carefully to determine rights, or medical expenses under Coverage dudes and what is' and is not covered. C. Throughout this policy the words "you" and "youf" No other obligation or liability to pay sums refer to the Named Insured shown in the Declarations, or perform acts or services is covered unless - and any other person or organization qualifying as a explicitly provided for under Supplementary Named Insured under this policy. The words "we", Payments — Coverages A and ®. "us" and "our" refer to the company providing this b. This insurance applies to 'bodily irJury" and Insurance. "property damage" only if: The word Oinsured" means any person or (1) The "bodily injury" or "property organization qualifying as such under Section If .- damage" is caused by an "occurrence" - ` Who is An Insured, that takes place in the coverage territory"; Other words and phrases that appear in quotation (2) The "bodily injury" or "property - marks have special meaning. Refer to Section V — damage" occurs during the ,policy pe- Definitions. rind; and SECTION 1 — COVERAGES (3) Pn0' to the policy period, no insured listed under Paragraph 1. of Section 11 - COVERAGE A BODILY INJURY AND PROPERTY — Who Is An Insured and no DAMAGE L1A Vry "employee" authorized by you to give or receive notice of an 'occurrence" or 1. Insuring Agreement claim, knew that the "bodily. injury" or - a. We will pay those sums that the insured be- "property damage" had occurred, in whole or in part. 9such a listed insured --, comes legally obligated to pay as damages or authorized "employee" knew, prior to because of "bodily injury" or "property - the policy period, that the "bodily injury" damage" to which this insurance applies, We will have the right and duty to defend the or "property damage" occurred, then Insured against any "suit" seeking those any continuation, change or. resumption of such "bodily injury" or "property - damages. However, we will have no duty to damage" during or after the policy pe- �, defend the insured against any "suit" seek- = "bodily riod will be deemed to have been known ing damages for injury" or "property prior to the policy period, damage', to which this insurance does not apply. We may, at our discretion,, investigate c• "Bodily' injury" or "property damage" which any "occurrence" and settle any claim or occurs during the policy period and was not, "suit" that may result. But: prior to the policy period, known to have oc- (1) The amount we will pay for damages is curred by any insured listed under Paragraph 1. of Section 11 — Who Is An insured or any limited as described in Section Ili — Limits Of Insurance; and *employee" authorized by you to give or re - ceive notice of an "occurrence" or claim, in- (2) Our right and duty to defend ends when cludes any continuation, change or -� we have used up the applicable limit of resumption, of that "bodily injury" or insurance in the payment of judgments "property damage" after the end of the pal - icy period. c ISO Properties, Inc., 2003 CG 00 01 12 04 salwee and tee Oa = lepo N trMdWamm of 8a1oo CerPWWTkM _., Page 1 01 18 EP JUL-13-2005 16:19 CRANE AGENCY GARY RIEK P.05/25 d.. `godly iitju ry". or: "property damage" will be deemed to have been known to have oc- curred at the earliest time when any insured listed under Paragraph 1. of Section 11 Who Is An Insured or any "employee" 'au- thorized by you to give or receive notice of an "occurrence" or claim: (1) Reports ell, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives -a written or verbal demand or claim for damages because of the ,bodily injury" or "property damage"; or (3) Becomes, aware by any other means that "bodily injury" or "property damage". has occurred or has begun to occur. e, Damages because of iaodily injury" include damages claimed by - any person or organ- ization for care, loss of services or death re- sulting at any time from the bodily injury. 2 (Exclusions This insurance does not apply to: a. Expected Or:lntended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of rea- sonable force to protect persons or property. b. Contractual Uablllty "Bodily injury" or 'property damage" for which the insured is obligated to pay dam- ages' by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1). That the insured would have in the ab- sence of the contract or agreement; or (2). Assumed in a contract or agreement. that is an insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the ex- ecution of the contract or agreement. Solely for the purposes of liability as- sumed in an "insured contract", rea- sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also. been assumed 'in. the same 'Insured cordract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against :a Civil or alternative dispute resolution proceeding ' in which damages to which this insurance applies are alleged. c. Uquor Unblllty "Bodily injury" : or "property damage" for which any insured may be held liable by reason of: (1) Causing or. contributing to the intoxica- tion of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of -alcohol. or (3) Any statue; ordinance or regulation re- lating to the sale, gift, distribution or use of alcoholid beverages. This exclusion applies only if you are in the business of manufacturing, distributing,' sell- ing, serving or.., futtnishing alcoholic bever- ages, d. Workers' Cairtpensatlon And Similar Laws Any obligation of the insured under a work- ers' compensation, disability benefits or un- employment compensation law or any similar law. e, Employer's Unblllty "Bodily Injury" to: (1) An "employee" of the insured arising out of and. in the. course of: (a) Employment by the insured; or (b) Performing duties related to the ; conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of, that "employee" as a conse- quence of: Paragraph (1) above. This exclusion applies; (1) Whether the insured may. be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. PO.Wzcr1s JUL-13-2005 16-19 CRANE AGENCY GARY RIEK P.06/25 This exclusion does not apply to liability as- treated, disposed'of, or processed sumed by the insured under an 'Insured as waste by or for: contract". W Any insured;'or f. Pollution pi) Any person or organization for (1) • "Bodly injury" or "property damage" whom you may be legally re - arising out of the actual, alleged or sponsible; or threatened discharge, dispersal, seep- (d) At or from any premises, site or lo- age, migration, .release or escape of cation on which any insured or any °pollutants": contractors or subcontractors work - (a) At or from any premises, site or lo- ing directly or indirectly on any in - cation which is or was at any time sured's behalf •.• are performing owned or occupied by, or rented or, operations if the "pollutants" are loaned to, any insured. However, brought on or to the. premises, site this subparagraph does not apply to: or location in connection with such (Q. 'Bodily injury" if sustained. operations by such insured, con. within a building and caused by tractor or subcontractor. However, smoke, fumes, vapor or scot this subparagraph does not apply to: produced by or originating from (1) "Bodily iryury" or "property _ equipment that is used to heat, damage" arising out of the es. cool or dehumidify the building, cape of•fuels, lubricants or other or equipment that is •used to operating fluids• which are heat water for personal use, by needed to perform the normal the building's occupants or their electrical, hydraulic or mecharr- guests; ical functions necessary for the pl) 'Bodily • injury" or "property operation of 'mobile equipment" or its parts, if such damage" for which you may be fuels, lubricants or other oper- held liable, if you are a contras- sting fluids escape from a vehi- #or and -the owner or lessee of such premises, site or location cle part designed to hold, store has been. added to your policy or receive them. This exception as an additional insured with re- does not apply if the "bodily spect to your ongoing oper- irqury"or "property damage arises out of the intentional •dis- ations performed for that additional insured at that pram- charge; dispersal or release of ices, site or location and such the fuels, -lubricants or other premises, site or location is, not operating fluids, or if such fuels, and never was owned ar occu- lubricants or other operating flu- " pied by, or rented or loaned to, ids are brought on or to the any insured, other than that ad- premises, site or location with the intent that they be dis- charged, dispersed or released _., (111) "Bodily injury" or "property as part of the operations being damage" arising out of heat, performed by such insured, smoke or fumes from a "hostile contractor or subcontractor; Ere"; - 01) "Bodily injury" or "property (b). At or from any premises, site or lo- damage" sustained within a cation which is or was at any time building and caused by the re- used by or for any insured or others lease of gases, fumes or vapors for the handling, storage, disposal, from materials brought into that processing or treatment of waste; building in connection with op- (c) Which are or were at any time erations being performed by transported, handled, stored, you .or on your behalf by a con- tractor or subcontractor; or - Comm 12 of fp 3 of 16 EP JUL-13-2005 16:20 CRANE AGENCY GARY RIEK P.07/25 010 "Bodily injury" or "propeny damage" arising out of heat, smoke or fumes from a .hostile fireo. (4)• At or from any premises, site or lo- cation on which any insured or any contractors or subcontractors work. ing directly or indirectly on any in. sured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any, way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond -to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because -of -testing for, monitoring, clearing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as. sassing- the effects of, -Pollutants". However, this paragraph does not apply to liability for damages because of "Property 'damage- that the insured would have in the absence of such re. quest, demand, order or statutory or re- gulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 9- Aircraft, Auto Or Watercraft -Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, 'auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper. ation and 'loading or unloading This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, taring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury" or "property damage" involved the . ownership. mainte- nance, use or entrustment to others of any aircraft, "auto". or watercraft that is owned or operated by or recited or loaned to any in- sured. This exclusion does not apply to: re (t) A watercraft while ashore on premises You own or rent; (2) A watercraft you do not own that is: (a) Less than 26•feet.long; and (b) Not being used to carry persons or Property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro. vided the ' "auto■ is not owned by or rented or loaned to'you or the insured; (4) Liability assumed under any 'insured contract" for the ownership, mainte- nance or use of. aircraft or watercraft; or (5) "Bodily injury" or "property damage• arising out of: (a) the Operation of machinery or equipment that is attached to, or part of,' a land vehicle that would gualifyr under the definition of "mobile equipment" if it were rot subject to'*a compulsory or financial responsibility law or other motor ve- hicle insurance . law in the state where it is licensed or principally garaged; or (b) the operation of any of the Machin. ery or equipment listed in Paragraph l t.(2) or f-(3) of the definition of "mobile eguip►timent". h. Mobile Equipment i "Bodily injury" or "property damage" arising out of: (1) The transportation of 'fnobile equipment" by an "auto" owned or op- erated by or rented or loaned to any in- sured; or (2) The use of "mobile equipment" in, or while in practice for, or while being pre- pared for, any prearranged racing, speed, demolition, or stunting activity. 1. War "Bodily injury" or. "property damage", how. ever caused, arising, directly or indirectly, out of: M War, including undeclared or civil war; 'P80461191 JUL-13-2005 16:20 CRANE AGENCY GARY RIEK P.08/25 (2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thorl.ty using military personnel or other agents; or (3) linsurrection, rebellion, revolution, usurped power, or action by govern- mental. authority in hindering or defend- ing against any of these. �. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, in- cluding any costs or expenses incurred by you, or any other person, organiza- tion or entity, for repair, replacement, enhancement, restoration or mainte- nance of such property for any reason, including prevention of injury to a per- son or damage to anther's property; (2) Premises you sell, give away or aban- don, 4 the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (6) That particular part of real property on which you or any contractors or sub- contractors' working directly or indirectly on your behalf are performing oper- ations, 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, including the contents of such premises, rented to you 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 Section III -- Limits Of Insur- ance. Paragraph M of this exclusion does not ap- ply if the premises are 'your work" and were never occupied, rented or held for rental by you. Paragraphs (3). (4). (6) and (6) of this exclu- sion do riot apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion; does • not ap- ply to "property damage•. included in 'the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage• to "your work° arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not..applytthe damaged work or the work out of which the damage arises was performed on your behalf• by a. subcontractor, r11. Damage To Impaired Property Or Prop- erty Not Physically Iniurad "Property damages to -impaired property" or property that has not 'been physically in- jured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work";' or (2) A delay or failure by you or anyone act- ing on your'behalf to perform a contract or agreement in accoedance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical' injury to "your product" or "your work" after it•has•been put to its intended use. n. Recall Of Products, Work or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others' for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or dis- posal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in- it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury-. __: CO 00 01 12 04 paw a of 19 JUL-13-2005 16:20 CRANE AGENCY GARY RIEK P.09i25 P. Electnmlc .Data Damages arising 'out, of the loss of, loss - of use of, 'damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including sys- terns 'and applications software, hard or floppy .disks, CO-ROMS, tapes, drives, cells, data processing devices or any other media which,are used with electronically controlled. equipment.. . Exclusions c, through n. do not apply to damage by fire to premises while rented to you or tempo. rarily occupied by you with permission of the owner. A separate limit 'Of insurance applies to this coverage as described in Section III — Lim. its Of Insurance. COVERAGE B PERSONAL AND �VERTISING INJURY LIABILITY 1. Insurance Agreement a. We will pay those Burns that the insured be- comes 'legally obligated to pay as damages because' of "personal and advertising irqury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising -injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Umits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No Other obligation or liability to pay sums or perform acts or services is covered uraest explickly provided for under Supplementary Payments — Coverages A and S. b. This insurance applies to "personal and ad- vertising injury" caused by an offense arising out Of your business but orgy if the offense was committed in the "coverage territory" during the' policy :period. Z Exclusions This insurance does .not apply to: a. 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 irujury". . b. Material Published With Knowledge Of Falsity "Personal and advertising. Injury" arising out of oral or written: publication of material, if dots by or at the direction of the insured with knowledge of its falsity. c. Material Published. Prior To Policy Period "Personal and advertising iryury" arising out Of oral or written . Publication - of material whose first publication took place before the beginning of.ths policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act Committed by or at the di- rection of the insured, e. Contractual Liability "Personal and advertising injury" for which the insured has, assumed liability "in a con- tract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the • contract or agreement. L Breach Of Contract "Personal and advertising injury" arising out Of a breach of contract, except an implied contract to use anther's advertising idea in Your "advertisement•. 9. Ouallty Or Performance Of Goods — Fal- lure To Conform To Statements "Personal and advertising irgury7 arising out Of the failure of goods, products or services to conform with any statement of quality or Performance made in your "advertisement". h. Wrong Description Of prices "Personal and advertising injury" arising out Of the wrong description of the price of goods, products or services stated in your "advertisement". ' JUL-13-2005 16:21 CRANE AGENCY GARY RIEK - I 1 I. infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury arising out of the infringement of copyright, Dent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply .to infringement, in your "advertisement', of'co- Pyri9h t, trade dress or slogan. J. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of - z websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury' under the Definitions Section. For the purposes of this exclusion, the plac- ing of frames, borders or links, or advertis- ing, for you or others anywhere on the Internet, is not by itself, considered the busi- ness of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or. over which the insured exercises control. vT I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of anther's name - or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead anther's potential customers. m. Pollution !_ "Personal and advertising injury" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of 'pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, -re- move, contain, treat, detoxify or neutral- ize, or In any way respond to, or assess the effects of, "pollutants";' or (2) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for; monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing; or in any way responding to, or assessing the effects of, "pollutants". 0. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thorfty using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in. hindering or de- fending against any of these, COVERAGE C MEDICAL PAYMENTS 1. insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an acci- dent: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; Provided that: (1) The accident takes place in the "coverage territory and during the pol- icy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and 4- CO oo o, 12 oa JUG-13-2005 16:21 CRANE AGENCY GARY RIEK P.11/25 (3) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of ' insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, Including prosthetic de- vices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally oc- cupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, it benefits for the "bodily injury" are payable or must be provided un- der a workers' compensation or disability benefits laws or a similar law. e. Athletics Activities To a person injured while practicing, in- structing or participating in any physical ex- ercises or games, sports, or athletic tests. f. Products -Completed Operations Hazard Included within the "products -completed op- erations hazard". g. Coverage •A Exclusions Excluded Under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 8 1. We will pay, with respect to any claim we inves- tigate or settle, or any "suit' against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail. bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds tb release attachments, but only for bond amounts within the appli- cable limit of insurance. We 6 not have to. furnish these bonds. . d. All reasonable expenses incurred by the in-. sured at our .request to assist us in the in- vestigation or. defense of the claim or "suit'; including actual loss of earrings up to $250 a day because of time off from work. e. All costs taxed against the insured in the "stilt" f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable -limit Of insurance,: we will 'not pay any prejudg- ment interest based .on that period of time after the offer. g. All interest on the full amount of any .judg- ment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in'court the part of the judgment that is within the applicable limit of insurance. These payments ,will not reduce the limits of in- surance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions* are met: a. The "suit" against the indemnites seeks damages for which the insured has assumed the liability of -.the indemnitee in a contract or agreement that is an- Insured • contract"; b. This insurance applies to such liability as- sumed by the insured; Poo 6 of is JUL-13-2005 16:22 CRANE AGENCY GARY RIEK P.12/25 c. The obligation to defend, or the cost of the a. We have used up the applicable limit of in - defense of, that indemnitee, has also been surance in the payment of judgments or set - assumed by the insured in the same tlements; or _ 'Insured contract'; b. The conditions set forth above, or the terms d. The allegations in the "suit' and the infar- of the agreement described in . Paragraph f. mation we know about the "occurrence" are above, are no longer met. such that no conflict appears to exist be- tween the interests of the insured and the SECTION 11 — WHO IS AN INSURED interests of the indemnitee; 1. If you are designated in the Declarations as: e. The indemnites and the insured ask us to conduct and control the defense of that in- a. An individual, you and your spouse are in- demnitee against such "suit* and agree that sured, but only with respect to the conduct we can assign the same counsel to defend of a business of which you are the. sale the insured and the indemnitee; and owner. f. The indemnitee: b. A partnership or join venture, you are an in- sured. Your members, your partners, and (1) Agrees in writing to: their spouses are also insureds, but only with (a) Cooperate with us in the investi- respect to the conduct of your business. gation, settlement or defense of the c. A limited liability companyi you are an in- `sUR";' sured. Your members are also insureds, but (b) Immediately send us copies of any only with respect to the conduct of your bu- demands, notices, summonses or siness. Your managers are insu ieds, but legal papers received in connection oily with respect to their duties as your with the "suit"; managers. (c) Notify any other insurer whose cov- d. An organization other. than a partnership, erage is available to the indemnite'e; joint venture or limited liability company, you and are an insured. Your "executive officers" and directors are insureds, but only with respect (d) Cooperate with us with respect to to their duties as your officers or directors. coordinating other applicable insur- Your stockholders are also insureds, but only _ r ance available to the indemnitee; with respect to their liability as stockholders. and e. A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their (a) Obtain records and other informa- duties as trustees. tion related to the "suit"; and 2. Each of the following is also an insured: (b) Conduct and control the defense, of a. Your "volunteer workers" only while per- 4 forming duties related to the conduct of your So long as the above conditions are met, attor- business, or your "employees",, other than neys' fees incurred by us in the defense of that either your "executive officers" (if you are indemnitee, necessary litigation expenses in- an organization .other than a.partnership, joint curred by us and' necessary litigation expenses venture or limited liability company) or'your incurred by the indemnitee at our request will be managers (if you are a limited liability com- paid as Supplementary Payments. Notwith- pany), but only for acts within the scope of standing the provisions of Paragraph 2.b.(2) of their employment by you or while performing Section I — Coverage A — Bodily Injury and duties related to the conduct of your 'busi- Property Damage Vability, such payments will ness. However, none of these "employees" not be deemed to be damages for 'bodily injury" or "volunteer workers" are insureds: for: and "property damage" and will not reduce the limits of insurance. (1) "Bodily injury" or "personal advertising injury": Our obligation to defend an insured's indemnitee and to pay for attorney's fees and necessary liti- (a} To you, to your partners or mem- gation expenses as Supplementary Payments bars (if you are a partnership or joint ends when: venture), to your members (if,. you are a limited liability company), to a E M nn M 7Ind Dn..e a M 4a as JUL-13-2005 16:22 CRANE AGENCY GARY RIEK P.13/25 co- "employee" while in the course of his. or her employment or performing duties related to the conduct of your business, or to your other 'volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that Co. "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay dam- ages because of the injury de- scribed in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by. you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker", or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but orgy., (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties- as such. That repre- sentative will have all your rights and duties under this Coverage Part. Named Insured if there is no other similar insur- ance available to that organization..: However:. j a. Coverage under this provision is afforded only until the 9Mh day after you acquire or form the organization -or the end of the policy i period, whichever -is earlier; b. Coverage A'does *not apply to 'bodily injury" or "property damage" that occurred before �J you acquired or formed the organization;, .and C. Coverage 0 does• °not' apply to "personal and advertising injury". arising out of an offense committed before. you acquired -or formed. the organization. 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. SECTION III — LIMITS OF INSURANCE I. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of; a. Insureds; b. Claims made or "salts" brought; or c. Persons or organizations making claims or bringing "suits", 2. The General Aggregate limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except dam- ages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and C. Damages under Coverage a. 3. The Products -Completed Operations Aggregate limit is the most we. will pay under Coverage A for damages because :of - "bodily injury* and "property damage" included in the "products - completed operations hazard". 4. Subject to 2. above,. the Personal and Advertising. Injury Limit is the most we will pay under Cover- age 0 for the sum of all damages because of all 'personal and advertising injury" sustained by any one person or organization. 3. Any organization you newly acquire or form, S. Subject to 2. or 3. above, whichever applies, the other than a partnership, joint venture or limited Each Occurrence Limit is:the most we will pay for liability company, and over which you maintain the sum of: ownership or majority interest, will qualify as a a. Damages under Coverage A; and • i Paw io nt in JUL-13-2005 16:22 CRANE AGENCY GARY RIEK P.14/25 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". S. Subject to lit. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage' to any one premises, while - rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with -permission of the owner. _ . 1. Subject to & above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecuuUve annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the. Declarations, unless the policy period is extended af- ter issuance for an additional period of less than 12 months. I'n that rase, the additional period YAM be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —.COMMERCIAL GENERAL LIABIL,- ITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obli- gations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. You must we to it that we receive written notice of the claim or '"suit" as soon as. practicable. c, You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses. or legal papers received in connection.. with the claim or "suit"; (2) Authorize us to obtain records and other - information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "surlt"; and (4) Assist us, upon our request, in the en- forcement of any right against any per- son or organization which may be liable to the insured because of- , injury or damage to which this insurance may. also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expertise, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this Coverage Part unless all of its items have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle- ment means a settlement and release of liability 'signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. CG 00 01 12 04 PBpB 11 of is If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A and 8 of this Coverage Part, our obli- gations are limited as follows: a. Primary Insurance This. insurance is. primary except when b. below applies. If this insurance is, primary, our obligations are not affected: unless any of the other insurance is -also primary. Then, EP JUL-13-2005 16:23 CRANE AGENCY GARY RIEK P.15/25 we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess; contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage'for "your work"; b. That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; c. That is insurance purchased by you to cover your liability as a tenant for -property damage" to premises rented to you or temporarily occu- pied -by you with permission of the owner; or d. If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusions 9. of Section I — Coverage A -- Bodily Injury And Property Damage Liability, (2) Any other primary Insurance available to you covering liability for. damages aris- ing out of the. premises or operations, or the products and completed oper- ations, for which you have been added as an additional Insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A ;or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the-.insured's rights against all those other insurers. (2) The total of all •deductible and self -in- sured amounts under all: that other in- surance. We will share the remaining loss, if any, with any other insurance that is. not described in this Excess Insurance provision. and. was not bought specifically to apply in excess of the Limits of Insurance.. shown in the Declara- tions of this Coverage - Part. c. Method Of Sharing' If all of the other insurance permits contrib- ution by equal shares, we will follow this method also. Under this . approach each in- surer contributes equal amounts until it has paid its applicable limit. of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by. equal shares, we will. contrib- ute by limits. Under this method, each insur- er's share is based on the ratio of its applicable limit of insurance to the total ap- plicable limits of insurance of all insurers. 5, Premium Audit a. We will compute all premiums for this Cov- erage Part in accordance with our rules - and rates. b. Premium shown in this Coverage Part as advance premium is a.deposit premium, only. At the close -of each audit period . we. will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will re- turn the excess to the.first Named Insured. c. The first Named Insured must keep. records of the information' 'we need for premium computation, and send us copies at such times as we may request. When this insurance is excess over other in- 6. Representations surance, we will pay only our share of the By accepting this policy, you agree: amount of the loss, if any, that exceeds the sum of: a. The statements in the Declarations are ac- (1) The total amount that all such other in- curate and complete; surance would pay for the loss in the b. Those statements are based upon represen- absence of this insurance; and tations you made to us; and c. We have issued this policy in reliance upon your representations. Pop -12 01'16 JUL-13-2005 16:23 CRANE AGENCY GARY RIEK P.16/25 7. Separation Of insured Except with respect to the Limits of Insurance, and any rights or duties specifically. . assigned in this Coverage Pan fo the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those •rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer arose rights to us and help us enforce them. S. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the ronrenewal not less than 30 days before.the ex- piration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broad- cast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor behicle insurance law in the state where it is licensed or principally ga- mged. However, 'auto" does 'not include "mobile equipment". 3. "godly iryury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means:' a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters -or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in & above; (2) The activities of ;a person whose home is in the territory.described in a. above, but is away for a short time on -your business; or (3) "Personal and advertising injury" of- fenses that take place through the In- ternet or similar electronic means of communication provided the insured's responsibility. to pay dam- ages is determined in a "suit" on the merits, in the territory described in.a. above orin a settle- ment we agree to. S. "Employee" includes a ` eased worker". "Employee" does not *include a "temporary worker". 8. "Executive officer" means a person holding any of the officer positions created .by your charter, constitution, by-laws or any other similar govern- ing document. 7. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property. other than "your product" or "your work", that cannot be used or is lets useful because: a. It incorporates your product" or "your work" that is known or thought to be defec- tive, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement; Ct3000112U Pop 13 of 16 EP JUL-13-2005 16:24 CRANE AGENCY GARY RIEK P.17/25 if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of "yo4r product" or "your work"; or b. Your fulfilling . the terms of the contract or. agreement, S. "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 or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is riot an insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; e. An elevator maintenance -agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume 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 con- tract or agreement. Paragraph f. does not include that part of any contract or agreement. (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, under- pass or crossing; M That indemnifies an architect, engineer or surveyor for injury or damage arising out of: Primary',* cause of .the. injury or dam. age; or (3) Under which the insured, if an architect, engineer, at, 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 (4.above and supervisory, in- spection, . - architectural or. engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be- tween you and the. labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a °temporary worker ". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an air- craft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or sauto"; or c. While it is being moved from an aircraft, wa- tercraft or "auto" to the place where it is fh- nally delivered; but "loading or unloading - does not include the movement of property by means of a mechanical device, other than a hand truck, that is -not at- tached to the aircraft, watercraft or -auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c- Vehicles that travel on crawler, treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to Permanently mounted: (a) Preparing, approving, or failing to (1) Power cranes, shovels, loaders, diggers Prepare or approve, maps, shop or drills; or drawings, opinions, reports, sur- veys, field orders, change orders or (2) Road construction. or resurfacing equip - drawings and specifications; or merit such as graders, scrapers or roll- ers; (b) Giving directions or instructions, or e. Vehicles not described ' in a., b., c. or d. failing to give them, 0 that is the above that are riot self-propelled and are maintained primarily to provide ' mobility to Dews i. �. JUL-13-2005 16.24 CRANE AGENCY GARY RIEK P.18/25 permanently attached equipment of the fol- lowing types: (1) Air compressors, pumps and genera- tors, including spraying, welding, build- ing cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. person occupies, committed by or on behalf of its owner, landlord or lessor, ' d. Oral or written publication, in any manner, of material that slanders or libels .a person or organization or disparages a person's or or- ganization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's. right of pri- vacy; f. The use of another's advertising: idea in your 'Advertisement"; or g. infringing upon anther's copyright, trade dress or slogan in your 'advertisement". However, self-propelled vehicles with the following types of permanently attached 15. "Pollutants" mean any solid, liquid, gaseous or equipment are not "mobile equipment" but thermal irritant or contaminant, including smoke, will be considered "autos": vapor, soot, fumes, acids,. alkalis, chemicals and waste. Waste includes materials to be recycled, (1) Equipment designed primarily for: reconditioned or reclaimed. (a) Snow removal; 16. °Products -completed operations hazard": (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobiles or truck chas- sis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, build- ing cleaning, geophysical exploration, lighting and well servicing equipment. However, 'mobile equipment" does not include any land vehicles that are subject to a compul- sory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14. `Personal and advertising injury" means iryury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except; (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, . °your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job' site. (c) When that part of the work done at a job site has been put to its in- tended use by any person or organ- ization other than anther contractor or subcontractor working on the same project, Work that may need service, mainte- nance, correction repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle - not owned GG 00 01 1204 pow 15 of 16 EP JUL-13-2005 16:25 CRANE AGENCY GARY RIEK P.19/25 or operated by you, and that condition .20. was created by the 'loading or unloading" of that vehicle by any in- sured; (2) The e)ostence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products • or operations for which the classification, listed in the Declarations or in a poiicy schedule, states that pro- ducts -completed operations are subject to the General Aggregate Umit. 17. "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; or b. Loss of use of tangible property that is not physically •iryured. All such loss of use 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. As used in this definition, 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 appli- cations software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which dam- ages because of 'bodily injury", "property damage" or "personal 'and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is fur- nished to you to substitute ,for a permanent "employee" on leave or to most seasonal or short-term workload conditions. Volunteer worker" means, a person who is not your "employee", and :win -.donates his or her work and acts at the direction of -and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product"; a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization. whose bu- siness or assets. you have acquired; and (2) Containers (other than vehicles), mate- rials, parts or equipment furnished in connection with such goods or pro- ducts. b. Includes: (1) Warranties or representations made at any time with respect to •the fitness, quality, durability, performance or use of "your products"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to.or located for the use of others but not said. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or oper- ations. b. Includes: (1) Warranties or representations made at any time with . respect to the fitness, quality, durability,* performance or use of "your work", and (2) The providing of or' -failure to provide warnings or 'instruction. Popp-19 of 15 JUL-13-2005 16:25 CRANE AGENCY GARY RIEK P.20i25 � Insurance COMMERCIAL "NEFtAL LIABILITY CO 0134 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL OENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f., Pollution of Paragraph 2., E=Iuslons under Section 1 -- Coverage A — Bodily Injury And Property Damage Liability Coverage and to Subparagraph m., Pollution of Paragraph 2., E=Iuslons under Section I — Coverage B — Personal And Advertlsing Injury Liability or to any amendment to or replacement thereof: This Pollution Exclusion applies even if such irritant or contaminant has a function in your business, operations, premises, site or location. CG 0134 08 03 Copyright, Insurance Services Office, Inc., 2003 Ssftwe and th. s.Aw IWO M trsd�arb a 6.han Co►Da:tsP JUL-13-2005 16:25 CRANE AGENCY GARY RIEK P.21i25 _insurance COMMERC14.t3 NMA4:'L.' , ILITY CG :2E 43 12 '04 THIS ENDORSEMENT -CHANGES THE -POLICY. PLEASE READ.IT CAREFULLY. MISSOURI CHANGES --BINDING ARBITRATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC. DATA LIABILITY COVERAGE PART UQUOR-LIABILITY COVERAGE PART OWNERS.AND CONTRACTORS PROTECTIVE -LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE -PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY N we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, both parties may, by mutual consent, agree in writing to arbitration of the disagreement. If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each parry will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. 0 ISO Properties, Inc., 2003 6al=M and lha 8 1 — lope am Tnd9moft of Galaao Corpos[lon CG 26 43 12 04 EP JUL-13-2005 16:25 CRANE AGENCY GARY RIEK P.22/25 Insurance C 43 31 12 04 p 2004 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary no can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your declaration page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL. PREVAIL The areas within the policy that broaden, reduce or clarify coverage are highlighted below. This notice does not reference every editorial change made in your policy. COVERAGE FORM CHANGES REDUCTIONS IN COVERAGE REVISED MOBILE EQUIPMENT COVERAGE CO 00 01 12 04 — Commercial General Liability Coverage Form (Occurrence Version) CG 00 02 12 04 — Commercial General Uability Coverage Form (Claims -Made Version) CG 00 09 12 04 — Owners And Contractors Protective Liability Coverage Form CG 00 37 12 04 — Products/Completed Operations Liability Coverage Form (Occurrence Version) CG 00 36 12 04 — Products/Completed Operations Uability Coverage Form (Claims -Made Version) CO 00 39 12 04 — Pollution Liability Coverage Form (Designated Sites) CO 00 40 12 04 — Pollution Liability Limited Coverage Form (Designated Sites) The definitions of * "mobile equipment" and "auto" have been revised. Any land vehicle that had been clas- sified as a piece of mobile equipment under your previous policy, will now be considered an auto if that vehicle is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. With this change, coverage is no longer provided for these types of land vehicles since they are now defined to be autos rather than mobile equipment and subject to the Air- craft, Auto and Watercraft exclusion in your policy. However, the operation of machinery or equipment that is attached to, or part of, such a vehicle will still be covered by your policy. It you wish to obtain coverage, for land vehicles subject to compulsory or financial responsibility laws or other motor vehicle insurance laws you should consider a Commercial Automobile policy. ELECTRONIC DATA EXCLUSION CG 00 01 12 04 — Commercial General Liability Coverage Form (Occurrence Version) CO 00 02 12 04 — Commercial General . Liability Coverage Form (Claims -Made Version) CO 00 09 12 04 -- Owners And Contractors Protective Liability Coverage Form CG 00 37 12 04 — Products/Completed Operations Liability Coverage Form (Occurrence Version) CG 00 39 12 04 — Products/Completed Operations Liability Coverage Form (Claims -Made Version) CO 00 39 12 04 — Pollution Liability Coverage Form (Designated Sites) CO 00 40 12 04 — Pollution Liability Limited Coverage Form (Designated Sites) CG 00 42 12 04 — Underground Storage Tank Policy (Designated Tanks) An exclusion for Electronic Data has been added to these policies to reinforce that coverage for electronic data is not intended to be provided under these policies. This may be considered a reduction in coverage. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Sateeoe and Ito 8aleoo logo tug t►aa rmdo; of 2dwe Corpornlon C 43 3112 04 PaW 1 of 4 EP JUL-13-2005 16:26 CRANE AGENCY GARY RIEK P.23/25 MEDICAL PAYMENTS — ATHLETICS ACTIVITIES EXCLUSION CG 00 01 12 04 — Commercial General Uability:Coverage Form (Occurrence) CG 00 02 12 04 — Commercial General Liability Coverage Form (Claims -Made) The Athletics Activities exclusion under express what types of athletic activitieCoverage C — Medical Payments has been revised to more clearly s are•excluded with respect to medical are not intended to be provided..to a person inured while practiang, instructip ores. Medical expenses sisal exercises or games, sports or athletic cordes#s. This may be considered a reductioPaiticn inicoveragin e.phy- OTHERINSURANCE CG 00 01 12 04 — Commercial General Liability Coverage Form (Occurrence Version) CG 11 00 02 12 04 —Commercial General Liability Coverage Form (Claims -Made Version) Prior to this revision, if you were added as an additional insured to another policy, cess over that insurance for damages arising out of the premises the policy would be ex - or operations, The Other insurance Condition has been revised so that now if you are added as an additional inured to another policy this policy and completed operations. is excess over that insurance for damages arising out of both the premises or operations AND the products LIQUOR LICENSE NOT IN EFFECT EXCLUSION � CO 00 33 12 04 — Liquor Liability Coverage Form (Occurrence) CG 00 34 12 04 — Liquor Liability Coverage Form (Claims -Made) Prior to this revision, this exclusion precluded coverage when cancelled or revoked. The exclusion has been revised so that now it liquorur plies if Se was -suspended, liquor liceded, expired, sus- pended, expired, cancelled, revoked OR not in effect. your liquor license was BROADENINGS IN COVERAGE POLLUTION EXCLUSION GG 00 01 12 04 — Commercial General Liability Coverage Form (Occurrence Version) CG 00 02 12 04 -- Commercial General Liability Coverage Form (Claims -Made Version) CG 00 09 12 pa _Owners And Contractors Protective .liability Coverage Forms -Coverage For Operations Or Designated Contractor The exception to the Pollution Exclusion which provides coverage For bodily i fumes, vapors or soot from building heating egiupriment has been expanded to also include w ter heaters � and cooling and dehumidifying equipment. CLARIFICATIONS OR NO IMPACT IN COVERAGE WAR EXCLUSION CG 00 01 12 04 Commercial General Liability Coverage Form m (Claims -Made) (Occurrence) i CG 00 02 12 04 Commercial General Liability Coverage For CG 00 09 12 04 — Owners And Contractors Protective Liabili CG 00 33 12 04 — Liquor liability Coverage ty Coverage Form Form (Occurrence) . CG 00 34 12 04 — Liquor Uability Coverage Form (Claims -Made) CO 00 35 12 04 — Railroad Protective Liability Coverage part CG 00 37 12 04 — Products/Completed CO 00 38 12 04 Operations Liability Coverage Form (Occurrence) CG 00 39 12 04 — Products/Completed Operations Uability Coverage Form Claim - — Pollution Uability Coverage Form (Occurrence) ( alms -Made) CG 00 40 12 04 — Pollution Liability Limited Coverage:Form (Designated Sites) CG 00 42 12 04 —Underground Storage Tank Policy:(Designated Tanks) t_ PSQ9 2 C/ d JUL-13-2005 16:26 CRANE AGENCY GARY RIEK P.24/25 We have incorporated the war exclusion (formerly added via mandatory endorsement). directly into these policies. MULTISTATE ENDORSEMENTS BROADEN/NGS. IN COVERAGE Existing Endorsements CG 04 2812 04 — Pollution Exclusion - Named Peril Umited Exception .For A Short. Term Pollution Event CG 04 29 12 04 — Pollution Exclusion - Urnited Exception For A ShomTerm Pollution Event CG 21 65 12 04 — Total Pollution Exclusion With A Building Equipment Exception And A Hostile Flre Exception The exception to the Pollution Exclusion in these endorsements which provides coverage for bodily injury arising out of smoke, fumes, vapors or soot from building heating equipment has been expanded to also include water heaters and cooling and dehumidifying equipment. CG 22 98 12 04 — Exclusion - Internet Service Providers And Internet Access Providers Errors and Omissions CO 22 99 12 04 — Professional Uabllity Exclusion - Web -Site Designers With this revised endorsement attached to your policy, intemet providers and web -site designers are pro- vided personal and advertising injury coverage for false arrest, malicious prosecution and wrongful eviction offenses. This coverage was not previously afforded under your policy, CG 28 07 12 04 — Pdnclpals Protective Unblilty Coverage The exception to the Pollution Exclusion in this endorsement which provides coverage for bodily injury arising out of smoke, fumes, vapors or soot from building heating equipment has been expanded to also include water heaters and cooling and dehumidifying equipment. DEDUCTIONS IN COVERAGE Existing Endorsements CG 04 36 12.04 United Product Withdrawal Expense Endorsement Deductible and Participation Percentage provisions have been added to the endorsement. If a deductible and/or participation percentage are indicated in the Schedule of the endorsement, you will be required to participate in the loss. Also, product withdrawal expenses will no longer be provided for trade dress in- fringement. In addition, any fines, penalties, punitive or exemplary damages, or pollution -related expenses arising out of a product withdrawal will be excluded. A Concealment Or Fraud provision has been added to the endorsement which states that no coverage will be provided if you or any other insured engage in fraudulent conduct or intentionally conceal or misrepresent a material fact related to a product withdrawal or product withdrawal expenses incurred by you. CG 2166 12 04 — Exclusion - Volunteer Workers If you previously had volunteer workers who operated autos, aircraft or watercraft not owned by, or rented or loaned to any insured, liability arising out of the ownership, maintenance or entrustment to others of any aircraft, auto or watercraft operated by volunteer workers will no longer be covered under your policy. C 43 31 12 04 Psis 9 .d A JUL-13-2005 16:26 CRANE AGENCY GARY RIEK P.25/25 New Endutsemeats Co 2s 01 12 04 —Exclusion - Real Estate Ag ants Errors Or Omissions ent v411 When this endorsement is attached to your Polic .the Professional sermay be co u� your Policy, excluded. To the eendorthat professional mayresult lsemas of real reductioncoverage..estate attachment of this CLARIFICATIONS OR NO IMPACT IN COVERAGE CG 0ron 4 97 12 04 —.Electic Data Liability nc Data Exclusion that was added to, your :General U- This revised endorsement indicates i�o the coverage provided under this endorsement - ability coverage fomt(s) does not app Y. L 12 04 —Exclusion - Explosion,, Collapse And Underground Property. Damage Hazard t�i CG 21 42 Damage. Hazard (speci- fied operations) Explosion, Collapse And Underground property CG 2143 12 04 — Exclusion - fled Operations Excepted] Part has- been removed from these en --- The reference to the ProductslCornpleted Operations Coverage 1 to rodamage dorsemer4s since the exclusion being added by these endorsements does not app y PY included within the products -completed operations hazard. CG 24 0512 04 — Pinanciai institutions - Fiduciary interest Only Th e title of CG 24 05 is revised and Provi9ions contained in CG 24�05 and CGrt CG 24 124 have attached to v Included. - With this revision, you will no longer have both endorsements policy to limit coverage to damages solely arising out of trust operations. CG 24 065 will now be the only to limit the coverage to your fiduciary interest only. endorsement necessary . GapEmployers U&bllitV Coverage Endorsement - North Dakota Co 04 401105 _ mop Ga- Employers Liability Coverage Endorsement - Ohio Co 04 41 12 04P Gap _pioyers Uab�llty Coverage Endorsement - Washington Co 04 42 1103 — Stop p Employers Uabllity Cove CG 04 43 02 04 rage Endorsement - West Virginia —Stop Gap - CG 04 44 1103 —Stop Gap -Employers Liability Coverage Endorsement - Wyoming a provided by our proprietary form CG 76 08, this his been re - If you previously had Stop W coverage P placed with one of the new ISO forms listed above. The language of the forms is more consistent with other forms, and should result in no change in the coverage provided. papa 4 014__ CONTRACTOR CHECKLIST A CONTRACTOR SHALL: i (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (IT), with the certificate of coverage to be provided to the person for whom they are providing services., CONTRACT I I CONTRACT #5936 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of June, 2005 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and WHITEHEAD BROTHERS PAINTING, LLC of the City of HILLSBORO, County of JEFERSON and the State of MISSOURI hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #05-046-BM - EXTERIOR PAINTING OF SIX -MILLION GALLON GROUND STORAGE TANK - $56,900 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. WHITEHEAD BROTHERS PAINTING, LLC's bid dated MAY 11, 2005 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year a ay first above written. CITY OF 1--NB130q�K1TEXAS (OWNER): ATTEST: City Sec etary APPROVED AS TO APPROVISAS TO FORM: MAttorney— PROVED AS TO CONTENT: CONTRACTOR: k'131 �.ess Pot.A� L..0 By: G f PRINTED NAME: akQr' s f� c® I TITLE: Pr 0- . L-e r3 J:! COMPLETE ADDRESS: Whitehead Brothers Painting, LLC 9639 Persimmon Point Hillsboro, MO 63050 ATTEST: Corporate Secretary ` GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WHITEHEAD BROTHERS PAINTING LLC who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative L. WOOD FRANKLININTERIM CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents - or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall 2 1 will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is fiunished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. L' 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. ., 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location 4 where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES l It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial f action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by a- virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. 7 The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Fire Damage (Any one Fire) Products & Completed Operations Hazard Contractual Liability Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) No Text The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of an such entity, or employees of an entity which furnishes persons to PY t5'�Y tY provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 9 I-,, 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. (_ 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance 10 is G carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 11 i' (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 512/804- 4000 (http✓/wivw.twee.state.tx usltwcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. 12 indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. Y 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and 14 every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE * The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its v{ work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for ' hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in 15 No Text which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising i from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS 16 � m On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work v performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's � t i. t it r -'`- 'c_�• Representative shall issue iv iue owner auu Comractur a cerun ;ate of suwuuuiai completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. d •C_VON I 161MOMETSUMN Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which 17 (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY 19 I Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 21 I CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 2002-RO483, NOVEMBER 14,2002 V Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified 1 *14 IM I I City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators t Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 Prevailing Wage Rates Overtime Rate -5 The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS City of Lubbock Water Utilities Engineering Technical Specifications For PAINTING 6 MILLION GALLON GROUND STORAGE TANK At Water Treatment Plant Lubbock, Texas PAINTIN(J 0 MILLION GALLON GROUND STORA(IFEANK TAB LE OFCONTE NTS DIVISION I - GENERAL RLQUREMI--I-NI-S ('1010 SUMNIARY01'WORK 01019 I COORDINA FIONAND MITTINOS 013�00 SUIIN-IITTAJ-�S CONS TRA.-VION FACILITILSAND ILIMPORARYCONTROLS DIVISION 1) - PAUNTING COA I. SPIVIFICATION FOR STILT, STRIJCTU'RES SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.1 SECTION INCLUDES A. Contract Description. B. Work by Contractor. C. Owner and Contractor Responsibilities. D. Contractor Use of Site. E. Work Sequence. F. Owner Occupancy. G. Warranty H. Property Protection I. Owner's Representative 1.2 CONTRACT DESCRIPTION A. This project involves the following: 1. Six million -gallon water storage tank at Water Treatment Plant. • Overcoat the exterior surface of the tank and structure that is presently coated with acrylic water based paint. B. Contract Type: Lump Sum for various items of work on tank. C. After the Prebid meeting, there will be a site visitation. The Contractor shall be responsible for determining the accessibility and storage spaces available at each site. All costs for accessibility and storage shall be included in this contract. D. Contract Time for the work to be performed on the 6 MG water storage tank at Water Treatment Plant will be 60 calendar days from the date of Notice to Proceed. The liquidated damages will be $500.00 per day. 1.3 WORK BY CONTRACTOR A. The Contractor shall perform all the work specified in the individual sections and shall include the following: 9 1. Any costs for temporary storage containers, temporary parking, and temporary road access. 2. Design and construct a ground (tarp) protection system to prevent any run-off. 3. Design and construct a containment system for stormwater runoff and run-on. A. Owner's Responsibilities: 1. Review Contractor reviewed Shop Drawings, Product Data, and Samples. 2. On delivery, inspect Products jointly with Contractor. B. Contractor's Responsibilities: 1. Arrange and pay for Product delivery to site 2. Receive and unload Products at site; inspect for completeness or damage jointly with Owner. 3. Handle, store, install and finish Products. 4. Repair or replace items damaged after receipt. 5. Submit claims for transportation damage and replace damaged, defective, or deficient items. 6. Arrange for manufacturers' warranties, inspections, and service. 1.5 CONTRACTOR USE OF SITE A. Access to Site: Limited to Owner and Contractor only. B. Time Restrictions for Performing Work: Monday to Friday, 8 a.m. to 5 p.m. Request in writing 3 working days in advance for work to be performed outside this time. 1.6 WORK SEQUENCE A. Perform external tank preparation, and overcoat 6 million gallon water storage tank at Water Treatment Plant with an epoxy - polyurethane paint system. B. Final inspection of each stage shall be accepted by the Owner's Representative before the commencement of any work on the next Stage. 1.7 OWNER OCCUPANCY A. The Owner will occupy the site during the entire repainting operation. B. Cooperate with Owner to minimise conflict, and to facilitate Owner's operations outside the site. C. The Water Storage Tank will remain in service during the repainting. �^ 1 .8 WARRANTY A. Contractor shall provide a warranty for one (1) year after the date of final acceptance of the work. B. On the eleventh month of the subsequent year from the date of final acceptance, Owner's Representative will schedule an annual Inspection with the presence of the Contractor to inspect for defect in the work performed. Repaint any work that is considered defective by the Owner's Representative. C. Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. 1.9 PROPERTY PROTECTION A. Contractor shall be aware of surrounding residences and commercial businesses or buildings in the vicinity of the tank. Extreme care should be used in protecting buildings and vehicles from falling debris, sand, paint, water or any materials that might cause damage. B. Contractor shall immediately correct any damage to the property to the satisfaction of property owner. Payment shall be withheld in the amount of any claims until such time as the claims are satisfied. 1.10 OWNERS REPRESENTATIVE A. Owner's Representative shall be the Project Engineer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SECTION 01019 CONTRACT CONSIDERATIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. Schedule of Values. B. Application for Payment. C. Change Procedures. D. Defect Assessment E. Measurement and Payment - Lump Sum. 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on AIA Form G703 - Application and Certificate for Payment Continuation Sheet. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 5 days after date established in Notice to Proceed. C. Format: Itemize based on individual tank. D. Include within each line item, a direct proportional amount of Contractor's overhead and profit. E. Revise schedule to list approved Change Orders, with each Application For Payment. 1.3 APPLICATION FOR PAYMENT A. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet or Contractor's electronic media driven form. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. a C. Payment Period: Monthly, submit application for payment at the 10th day of each month. D. Include an updated construction progress schedule with each application for payment. a E. Submit the following along with the application for final payment: 1. The documentation for the completed and signed `manifest' for the hazardous waste if necessary. 2. Signed affidavit by a Notary Public that all claims on this job have been settled. 3. Contractor warranties for this job shall be signed and sealed by a Notary Public. 14 CHANGE PROCEDURES A. The Owner's Representative will be advised of minor changes in the Work not involving an adjustment to Contract Sum or Contract Time as authorized by AIA A201, 1987 Edition, Paragraph 7.4, EJCDC, 1990 Edition Paragraph 9.5 by issuing supplemental instructions on AIA Form G710. B. The Owner's Representative may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 3 days. C. The Contractor may propose changes by submitting a request for change to the Owner's Representative, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other Contractors. D. Stipulated Sum Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Owner's Representative. E Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. F. Execution of Change Orders: Owner's Representative will issue Change Orders for signatures of parties as provided in the General Conditions. 1.5 DEFECT ASSESSMENT A. Repaint any work that is considered defective by the Owner's Representative and to the Engineer's satisfaction. 1.6 MEASUREMENT AND PAYMENT - LUMP SUM A. Authority: Measurement methods are based upon percentage of completion on individual items of work on tank. B. Take measurements and compute according to the percentage of completion. Verify the quantities with the Owner's Representative. D. Payment Includes: Full compensation for required labor, paint, products, tools, equipment, plant and facilities, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION SECTION 01039 COORDINATION AND MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination and Project Conditions. B. Preconstruction Meeting. C. Progress Meetings. 1.2 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and Work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimise disruption of Owner's activities. 1.3 PRECONSTRUCTION MEETING A. Owner's Representative will schedule a meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. C. Agenda: 1. Submission of list of Subcontractors, list of products, schedule of values, and progress schedule. 2. Designation of personnel representing the parties in Contract. 3. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close- out procedures. 4. Scheduling. 5. Notice to proceed. 6. Emergency telephone contacts for Owner and Contractor 1.4 PROGRESS MEETINGS A. Owner's Representative will make arrangement for meetings, prepare agenda with copies for participants, preside at meetings.. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner's Representative as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Owner's Representative will record minutes and distribute copies within two weeks after meeting to participants, and designated recipients, identified at the Preconstruction Conference, and those affected by decisions made. Corrections, additions or deletions to the minutes shall be noted and addressed at the following meeting. M."NU7 04 6711� "l PART 3 EXECUTION Not Used END OF SECTION No Text D. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. E. For each submittal for review, allow ten (10) days excluding delivery time to and from the Owner's Representative. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. When revised for resubmission, identify all changes made since previous submission. H. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. I. Submittals not requested will not be recognized or processed. J. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 1.4 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. F. Indicate estimated percentage of completion for each item of Work at each submission. 1.5 PROPOSED PRODUCTS LIST A. Within ten (10) days after date of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.6 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two (2) copies which will be retained by Owner's Representative. B. Indicate conditions requiring special attention, and special environmental criteria required for application. {' C. After review provide copies for record documents described in Section 01700 - CONTRACT CLOSEOUT. 1.7 SAMPLES A. Color charts for Project Engineer approval. B. Include identification on each sample, with full Project information. C. Submit the number of samples specified in individual specification sections. D. Reviewed samples which may be used in the Work are indicated in individual specification sections. E. Samples will not be used for testing purposes unless specifically stated in the specification section. -° 1.8 TEST REPORTS A. Submit for the Owner's Representative knowledge as contract administrator for the Owner. 3 B. Submit test reports for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 1.9 CONTRACTOR'S FIELD REPORTS A. Maintain and submit daily logs for this project during the application of payment and upon request from the Owner's Representative. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION No Text 1 A 1 t I [ SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary facilities. B. Temporary Controls: Barriers, protection of the Work, and water control. C. Construction Facilities: Temporary decontamination area, progress cleaning and project signage. 1.2 TEMPORARY ELECTRICITY A. Cost: By Owner; connect to Owner's existing power service. Do not disrupt Owner's use of service. Owner will pay cost of energy used. Exercise measures to conserve energy. B. Provide temporary electric feeder from existing electrical service at the site. Do not .' disrupt Owner's use of service. C. Complement existing power service capacity and characteristics as required. D. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. E. Provide main service disconnect and over -current protection at convenient location. F. Permanent convenience receptacles may not be utilized during construction. G. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. 1.3 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain sufficient lighting in the work area to meet O.S.H.A. requirements. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Permanent building lighting may not be utilized during construction. No Text A. Construct temporary gravel surface parking areas to accommodate construction personnel. B. When site space is not adequate, provide additional off -site parking. 1.12. PROJECT IDENTIFICATION A. Provide 3 feet wide x 3 feet high project sign of exterior grade plywood and wood frame construction, painted, with exhibit lettering by professional sign painter or die cut vinyl self-adhesive letters with the following wording: Repainting Steel Tanks Keep Out (in red) Authorized Personnel Only For information please call: Lubbock Water Utilities (806) 775 — 2351 B. Erect on site at four sides of the fenced area. Do not erect signs on the fence. Construct temporary posts for these signs. C. No other signs are allowed without Owner's Representative approval except those required by law. 1.13. REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, and materials prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Close-out Procedures. B. Final Cleaning. C. Project Record Documents. D. Hazardous Waste Record Keeping E. Warranties and Bonds. 1.2 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's Representative review. B. Provide submittals to Owner's Representative that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, sum remaining due, and Contractors Affidavit of Bills Paid. 1.3 FINAL CLEANING A. Execute final cleaning prior to final project inspection. B. Remove waste, paint debris, surplus materials, rubbish, and construction facilities to designated containers to be disposed of as standard waste. 1.4 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Specifications. 2. Addenda. 3. Change Orders and other modifications to the Contract. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. 1.5 WARRANTIES AND BONDS A. Provide duplicate notarized copies. B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in three D side ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION I No Text in C. Application: No coating shall be applied when the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein; or in rain, snow, fog or mist; when the temperature is less than 5°F above the dew point; when the air temperature is expected to drop below 40°F within six hours after application of coating. Dew point shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. If the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive, magnetic -type thickness gauge. Destructive testing will not be allowed. The integrity of coated surfaces shall be checked with an approved inspection device. Non- destructive holiday shall not exceed 67 1/2 volts nor shall destructive holiday detectors exceed the voltage recommended by the manufacturer of the coating system. For thickness between 10 and 20 mils (250 microns and 500 microns) a non-sudsing type wetting agent, such as Kodak Photo -Flow, shall be marked, repaired in accordance with the manufacturer's printed recommendations and re -tests. No pinholes or other irregularities will be permitted in the final coating. E. Inspection Devices: The Contractor shall furnish, until final acceptance of coating and painting, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dry film thickness gauges and certified instrumentation to test accuracy of holiday detectors. Dry film thickness gauges and holiday detectors shall be made available for the Project Engineer's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Engineer. F. Warranty Inspection: Warranty inspection shall be conducted during the eleventh month following completion of all coating and painting work. All defective work shall be repaired accordance with this specification and to the satisfaction of the Project Engineer. 1.7 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets which shall be worn by all persons while in the vicinity of the work. No Text C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion -proof. Ventilation shall reduce the concentration of air contaminants to the degree a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices. E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion -proof lights and electrical equipment. Conform with all applicable rules and regulations from OSHA. Whenever required by the Project Engineer, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The Project Engineer shall determine the level of illumination for inspection purposes. F. Temporary Ladders and Scaffolding: The Contractor shall hire a Professional Engineer licensed in the State of Texas to design all temporary ladders and scaffolding. Conform to all Federal, State, and local rules and safety requirements. Erect where requested by the Project Engineer to facilitate inspection and move by the Contractor to locations requested by the Project Engineer.