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HomeMy WebLinkAboutC2009-424 - 8/25/2009 - Approved2009--42=~ `~,, 1~I2009-239 08/'5/09 Javeler Construction Co. S P E C I A L P R 0 V T S I 0 N S S P F.~ C I F I C A T i 0 N S _. A N D F O R M S C F C O N T R A C T S A N D B O N D S F O R PACKERY CHANNEL BOAT .RAMP MAINTENANCE DREDGING URS Corporation '711 North Carancahua, Suite 1620 Corpus Christi, Texas 78475 Phone: (361) 884-7140 r^ax: (361) 888-4169 URS Project No. 25012400 PROJECT SPONSORS./PARTNERS PARKS AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 3611880-3500 Fax: 361/880-3501 PROJECT N0: 5270 DRAWING NO: CP 175 -~ UQS fZ~~,1Jo, 31~Z, (Revised 7/5/00} PACKSRY CHANNEL BOAT RAMP MAINTENANCE DREDGING Table of Contents NOTICE TO BIDDERS (Revised x/5/00} NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - H {Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 ~leLR~^SSSG' "NOT USED" A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification p, .,, n.,.,.; ..,.. s.......,. ..NOT USED„ -.,--- A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) ~z3 T ~ • rim a rn .,a n /c /nn~ "NOT USED" ~.r' , r A-24 Surety Bonds is-i~ " sc ~, ° r~- ' ~:n r n~rn~zSi~s~anr ie ( c /, , /~T aNOT USEDn A-26 Supplemental Insurance Requirements A 27 :,...,:~., .~,. ,,., .. g,. .+, ., ..NOT USED., A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents n 35 ^''- rr-+.,.-. n..,... 1 i~ • - ^~,- -- - --~ -- ^$c^v "NOT USED„ A-36 Other Submittals (Revised 9/18/00) T ~ T a a nr „a ^t,., o rt ~ c+, i..,.a i.,.. ~i..~ ^~}_,~u "NOT USED., n .. .-~. ~ A 38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates r ,,, n......... „a.., "NOT USED„ ~. ~. ~ j A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) n 46~~e~ e€ ~~ighly Ghle~i~a~ed Water '-cT;~`r~T ^NOT USED„ it 47 ~~.e n ~ ~~., z,.....~.. ..~..,...-ra._......-~. (../r/nn~ "NOT USED,r A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Texas General Land Office Water Use Permit (3/07/07) A-51 Limits of Construction (3/07/07) A-52 Texas General Land Office Right of Inspection/Examination A-53 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS (NOT USED) PART T - TECHNICAL SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01015 Contractor Use of Premises 01028 Change Order Procedures 01050 Field Engineering 01300 Submittals 01356 Stormwater Pollution Prevention Plan 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01700 Contract Closeout Division 2 - Site Construction 021040 Site Grading 022420 Silt Fence 024820 Dredging 025802 Temporary Traffic Controls During Construction LIST OF DRAWINGS CO1 Title Sheet C02 General Notes C03 Overall Site Plan C04 Dredge Area Layout C05A DMPA 4S Layout (BASE BID) C05B DMPA 4S Layout (ALTERNATE 1) C06 Typical Sections and Details C07 Existing Sand Bypass Pipe Section and Details Cob Dredging Sections NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Packery Channel Boat Ramp Maintenance Dredging, Project No..5270: The base bid consists of dredging (Approximately 17,800 cy} of the Packery Channel Boat Ramp and adjacent area. The work will include environmental control measures to prevent erosion and allow for discharge of water from the dredging operation to discharge into the surf of the Gulf of Mexico meeting a discharge limit of 300 mg/L of total suspended solids (TTS). Minor amount of stone will be installed at the boat ramp to enhance the shoreline protection. All elements of the project shall be provided complete in place and ready to use. All work to be performed direct and/or incidental must be in accordance with the plans, specifications; and contract documents. Proposals will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August 05, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 02:00 p.m., Wednesday, July 29, 2009, and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. If requested by bidder, a site visit will follow the meeting.. A bid bond in the amount of S~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance. and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and ao/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which ` prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 Page 1 of 1 ~. NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSUI2ANCS COVSRAGS 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PSR OCCURRENCE / AGGRTsGATS Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-il and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED rage 1 oz ~ ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The same of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have nay questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 1 I Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMEI~T'T OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule; shall have the following meanings; unless the context clearly indicates otherwise. Terms not defined in this rule shalt have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate}--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers` compensation 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 (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement-A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project-Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, 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 but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of I 1 "Services" includes but is not limited to 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. (8) Project--Includes the provision of alt services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been fated with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (I}include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph ('n of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection; require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A} before the end of the current caverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of I 1 (d) A contractor shall: (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 filing 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 governmenta[ 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 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 can ent 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 with a title in at least 30 point bold type and text in at least l9 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: Attached Graphic (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 section; Page 4 of 11 (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 .vork on the project; and (ii) prior to the end of the coverage period, a nev 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 thereafrer; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten 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 subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (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 filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following Ianguage in its contract to provide services on the project: "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 reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-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."~ (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) 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; Page S of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, {7} notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts 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 it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in pazagraph (3) of this subsection; (D) provide, 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; (E) obtain from each other person .under contract to it to provide services on the project, and provide as required by its contract: (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 contract; (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 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 person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-{G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule~that can be given effect without the invalid provision or application, and to this end the provisions of this rule are dec}ared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers ~vho are required pursuant to Texas Civil Statutes, Article 6675c; to register with the Texas Department of Transportation and ~vho provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c; §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act; §406.097(c), and who are explicitly excluded from coverage in accordance with the'Act, §406.497(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 1 I O.l 10(d)(7) "REQUIRED WORKERS' CO_MPENS.4TION COVERAGE" "The law requires that each person working o~z this site or providing services --elated to this construction project must be covered by tivorkers' compensation inszrrance. 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 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your e»tployer has provided the required coverage, or to report an employer`s failure to provide coverage. " Page 8 of 11 T28S 1 I 0. I 10(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a cert f cafe of insin-ance, a cert f cafe of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, T~•YCC-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 ti»:e fro»: the beginning of the work on the project until the coritractor's/person's work on the project has been completed arad accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 5406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of class fcation codes and payroll amounts and f ling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 901.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certif cote of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file cert fcates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all reguired certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on_the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 4.01.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certifecate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extents-ion of coverage, prior to the end of the coverage period, if the coverage period shown on the current cent f cafe of coverage ends during the duration of the project; - (S) retain all reguired certificates of coverage on f le for the duration of the project and for one year thereafter; - (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project wilt be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be f led with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 11 L~surance Regulation. Providing false or -nisleading information may suhject the cor~n•actor• to admir:istr•ative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not rencedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I 1 of I I PART A SPECIAL PROVISIONS PACRBRY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 SECTION A - SPECIAL PROVISIONS A-1 Time sad Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, August 05, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of .Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - PACKSRY CHANNEL BOAT RAMP MAINTENANCE DREDGING, PROJECT NO. 5270 Aay proposals no physically is possession of the City Secretary's Office at the time sad date of bid opening will be deemed late sad nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of say proposal, by the proposer, their agent/representative, II.S. Mail, or other delivery service, to say City address or office other than the City Secretary's Office will be deemed aoa-responsive if not in possession of the City Secretary's Office vrior to the date sad time of bid opening. A pre-bid meeting will be held on Wednesday, July 29, 2009, beginning at 02:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project Packery Channel Boat Ramp Maintenance Dredging: The base bid consists of dredging (Approximately ,17,800 cy) of the Packery Channel Boat Ramp and adjacent area. The work will include environmental control measures to prevent erosion and allow for discharge of water from the dredging operation to discharge into the surf of the Gulf of Mexico meeting a discharge limit of 300 mg/L of total suspended solids (TTS). Minor amount of stone will be installed at the boat ramp to enhance the shoreline protection. All elements of the project shall be provided complete in place and ready to use. All work to be performed direct and/or incidental must be in accordance with the plans, specifications, and contract documents. Section A - SP (Rfi~7ISED 12/15/04 Page 1 of 22 A-4 Method of Award The bids will be evaluated based on the following order of priority subject to the availability of funding. 1. Total Base Bid, or 2. Total Base Bid plus Additive Alternate 1 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference Packex~y'r Channel Boat Ramp Maintenance Dredaiag, Project No. 5270 as identified is the Proposal) (A Cashier's Check, certified check, mosey order or bank draft from nay State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within sixty (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. No additional time will be allowed for the additive alternate if awarded. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation 2asuraace Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (REVISED 12/15/04 Page 2 of 22 In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Ackaowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. T~ _r ~~~~'~~~, Gea~~aete~ shall ~tse w=~'.=- ._~~= _~t=_ Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified gayrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1~/z} times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.} A-11 Cooperatioa with Public Agencies (Revised 7/5/00} The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess Section A - SP (REVISED 12/15/04 Page 3 of 22 at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer LIl2S Corporation Traffic Erx~ering Police Department Water Department Wastewater DepartrnPnt Gas Department Stone Water Department Parks & Recreation Department Streets & Solid waste Services AEP S B C/ A T& T Todd Jensen City of Corpus Christi Beach Maintenance Supe1-visor City Street Div. for Traffic Signal./Fiber Optic Ipcate Cablevisi~ ACSI (Fiber Optic) KMC (Fiber Optic} ChoiceCan (Fiber Optic) CAEt {FYbex Optic) Brooks Fiber Optic (MAN) 826-3500 884-7140 826-3540 822-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours) 885-6900 (885-6900 after hours) 826-1881 (826-3140 after ho~lY'S) 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424, after hours) 815-3217 826-1946 826-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624} 813-1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972-753-4355 A-12 Mainteaaace of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (REVISED 12/15/04 Page 4 of 22 A-13 Area Access and Traffic Coatrol Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the beach. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A-14 Coastructioa Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office NOT USSR Section A - SP (REVISED 12/15/04 Page 5 of 22 A-18 Schedule aad Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on carsamAtt days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. .Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout aad Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.} Section A - SP {REVISED 12/15/04 Page 6 of 22 licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • E'~3~'b a~3E~ ~3$$e~' ~leW 1}tee i....}ti, ..ae ..~ ..}.^ ,.} nnn. ...}.. ~, ~ ~'cxccc cx e6dt38 e~3 a fee' s33~e~'fTa~ a~'td at all "}°""`°"}' wastewater: 2818 SLSRj^2IS9'Citi~.t c~SCGSp32ST'aG GtGa.c p v, ~~ • ~i~~ -.}...........}1 ., 1. a ...L..., .. _ ccaxzzg c~e'da~~6~39-r~6Fr-Q~-pipe a33~ €~9Fd ~~~te~ ~mvr~~m ,..,~ vo a ~*.eL water: All ~ep-ef -.. , . ~,,,.. _ = -' ; • ea9~~~ e~eYa~~e~39--~~e~e€-g~~e~azxaa-tsvw-srae~-rszmPS-aaa-i6G-p°c"""" }"~ Electricals Stormwater: • All ri~Ti~~e-r~~le~r-a~ie~s at _...- ~. , cccaxzzg c~eSda$~6~33-i-~6Fre~=pipe cc~3~ ~1B6d l~~e~ ~mvr~nm ...a can a :}~,l__ A-20 Testiag aad Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City.. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Protect Sigas (NOT IISSD) A-22 Minority/ffiiaority Business 8aterprise Participation Policy (revised to/9s) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such Section A - SP (RSVISfiD 12/15/04 Page 7 of 22 policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a} For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the .assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more Section A - SP (REVISED 12/15/04 Paqe 8 of 22 women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.Og of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractors aggregate work force on all construction work for the Contract award are as follows: Minority Participation ffiiaority Business $aterprise (Percent) Participatioa (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Iaspectioa Required (Revised 7/5/00) (NOT USED) B~i?aie ?::s eetien ~}v r }s}ems at the ear}ems i t a3 € l € ' hi h g p +e~i~ }s ~e i~ed~~d ~ e~ t ~-ass~~~-a €iual i ~} .s~ we~ e w e~ ~ e €~ th b ildi i ~ q~ - ~spee e ms-a e~ e- t~ ~g- s Aee~ a~e `ahe~ a l}eah le See€ie~ $ 6 2 e€ the GA l n,,....,s w..,,.,.w.. - p ~~ pp . n e r~ c_.,.... _., - _ ... -. ..,._ ...,s wa€e~~was~ewa~e~ ntete~ f ~ , .=- _na .. __ .~_== -- - .....,v.,a ~r -s_.-- -,.. , ,.,.. Cit-, j r . Section A - SP (REVISED 12/15/04 Page 9 of 22 A-24 Surety Bonds Paragraph two (2} of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Sach bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Sxemptioa (NOT VSBD) €el~6wii~~-~,a~hnt~_~_.~,.a F ^ z =__ {~.°-- a. i..~.,...,.c l- ~e t t e~ ~he E}~ --e€s -abaa~ded b ~ Ca= L,STjTte4 3 . ccarttzc~ li Cn = =~ t ~ s o mea ~ eme~ t}ems e€ S € ~fe~t ~ ~ ~ y y ales ~3Ee~9e a *'se "'~..~~ ~, = s€ ~ -g~a l t t ~ ~ 6 e ra~e~ a r ~e ~ - , , -se e~ated ee~t~aet ee ocxc cvrrciAe- ee e ege ~ t s e _____ _, p o~~ = ~~ ales tam- e~ml€s . €~em the Stake ••= ~~~~„ ~-- ncee i. - a n ~ = Q =€ _ $ eaa=s ~} l e aee-e ms the-~B~a~eme~~ a€~:at-e~iel~e~d _: = e==€ ~ a€l Eh ~ e app~ep a e ~ esal €s~m ra }e ~lr - the east a€ = -'- _~-_~, ~ '- ,~' ~_, , , ie~ ~a~~es i~cel~erated -ri 3. Pre~tdL~resale s~ tn ~sz p e $ te the ^== =='~ . eezz~€i~ate~ tc ..::rNl~. € mat it-h e }es ~ - r ; _ ; ...,,. ey}al }eve}eee to s~sta~t}ate-t-he e- Z. =ra~ ~repesal~l~ e l e y-~: _r ..~,.,....., .. Section A - SP (REVISED 12/15/04 Page 10 of 22 ~~-tkfa~axatxaatcr dcoo i=vc esecc cv v^pe=ale li~tE~ei'' a BeFa~'3~e~ ee~3~~3e~, ~3e =+~~a~~-€Ai''~11-Sales, E3Ee}se, a~3d Lase Ta3Ee9 apgl}sable ~'~' ~ nV~---'- , , ~ss~es-a-res~le~er~}fiea~e-t= w__ ~rr'_===• A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-il of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to• 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on -the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named .as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (REVISED 12/15/04 Page it of 22 A-27 Resfloasibility far Damage Claims NOT USED Eenbr~ete~-p~e~*ide ~ilde~'s-his#-e~ ~$e~allatie~-izle~be~ ======= == ee~erage €e~ ~~e-te~-a€ €~#e-Eee~~ae~ erg-€e and i~el~ieg--the da€e-t-he ni a.. 2:2...1 7.. .. .......~.a ~ aL.. T...... ., ...a .... ........L a..i 7 .7.../ . nl .L.. ~.. T~~~-1 7 -v i ~.. A-28 Considerations for Contract Award gad 8xecutioa To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder s owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Section A - SP (REVISfiD 12/15/04 Page 12 of 22 Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such writtea approval of field admiaistratioa staff is a prerequisite to the City 8agiaeer's obligatioa to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Ameaded "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three {3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Section A - SP (REVISED 12/15/04 Page 13 of 22 Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit is letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, sad name(s) sad Title(s) of individual(s) authorized to execute contracts oa behalf of said entity. A-31 Amended Policy oa Sxtra Work sad Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed .$25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "$acecution of Contract" Requirements Under. "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to is Special Provision A-1. Section A - SP (REVISED 12/15/04 Page 14 of 22 A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT IISED) ~. P~isr €e-pee•€e~t}erg wer# at a~ E}tom--vaa~e~ €aeili-~~~--fie cvsxciuet6ie, ~3i9 sabeA= traete~•$, aid eaeh e€ $~3e~~' ~ ::L•~ -i -== •-•-=} hc~te-ea t-heir-perelf~ earl eery}€yi~g-t-he}~ r=--- ~t«._~a~n== .... Tr; ..; ........ /n..„ti.,... .. ~-..,.. c+., F.. ~... n,..; ...,~-.ti; ., n.,......,..-,.... ...i,~.sa...a L... - a..4.e C' F.. T.r-.~~•.- r1.....-. ... s........ c. F.. h.. ~scz-,TUCCS a~ctcn~c:xt Pe~'96ix~3e~. ~t Visiterj~Eeetraete~• _~---j ~4e~rta~iee Pregr~-w}11 ~e-of€er~d ~~atttherieed E}~ ",~.== ?~egart~e~~~erse~el €er thy-perse~s• whe de met-~3~~~-s~eh~~ear~, a~xxd--::==o~egi~•e fie-der€er~e~•#~ithie-any-~i~~~~~e~ F~_='_='~~-. iv=-caua:~ti ivi:us is€6a~~6~t i~'e€ei` ~e ~t~~aea~e$~ ~. • ~31~e-,~-eq~ipsaes~i switeA,~brea#er~ ee~t~el, e~ a~F-et~er~m related te--E4~~€•e~ €aeili~}~a•~ a$}~ ~isee. ~~l s~eh }terms n-~et-fie ~ye~•a~ed-b~-ae-ege~•a€e~• e~• ether atrtAer}eed-maie~e~a~ee emgle~ee-~€ 1C. TJ...-L....L~~ ..i m.. a...r n....,;~... The-G}~~-~~l}ver ,.,, ~------ -- °--°°---°°~ z-----1 -- ---- -----•-•--- °- all ties. Tie-eeetraete~• skkall-pre~ee~ €he q~alit~--e€ the-~~ i~ t-he-j-eb- Bite ~~shall eeerdi~~e }~s were w#th the ^_'_`-1 °'~t~= $epa~•t~te~t•-te-greteet tAe goal}t~~e€ the --•~ - Tl /,mow C-r..wi i.. ...~ iL 'A 1TQT ~11[I T! tli -w Acrd G1 37 . d e r~} d }e th re l t s i ? 11 t •t =-'-,-- q pa s ae pea u e e r, ---- ~ ~ e~ a t ll t} d i~ t} € t ti } t - --~ •- ~ ~ts a a ee, ai spee ems s ~amgs, ra~sper a e~~r~ e~ a~y ethe~• items; -whteh ee~tld ee~e-tat-e eentaet v~ith~eta~le wate ~ •} ~3 l St d d t t} r~~ e~ eaa a an ar s- _____-- -• eaa eoa~~t o --____-- Section A - SP (REVISED 12/15/04 Page 15 of 22 ~_~ ~=ash geae~a~e~ ~y-~~e Eea€~ae~e~ e~~i$ e~t~~e~ees, age~~s; -e-~ v~cvricxacc6~'9, -R}ccs~ ~e eea~~i3e~ a~ a~~ $~F!!es a$ ~~3e~wa•`ec.= f~i~i~~~t~e. $le>;:i~g ~~'as~ wi~~ ae€ ~e~~~ew~-'F~x~-~o~s~c€o= s~a~~ ~eee~-rde~3~ areas e~eaa a~ a~~ ~i~es-aa~ ~z~o~e a~~ €~~a~ ~1~= ~'. Ee~~~ae-€a~' s~a~se~e~ ~~ -~~wea~ ee~e~e~ 4--,. ~, _. ~i~ ~~ ~=i€s~rt e~e~~a~i~e e~i~e~ ._s ..., ~,....,~ _ ~ :..sae ~te, e~ dr e ~~Qa e~aage, '~eaee €e ~ ~ T i~ ~ ~~ ~ 8ee~~ae•€e~ --- ~~, e e~ ~~e a e a ~o::~~ae€e~ s a r r €a~i~t aa ~-E}~ ~ € € € ~es~~~~., n,.~~.._,.~.... € } ~ t~se ae lea ~ae e~ mt~s _1 T T , , n ~- ~- L. ' ..l .,... a~~~ee: ' $ ~ - ~ a~ des€ ea€e~ sere as k14B e -~ O. rlxs C02ICSR000= 9GSI=GSG.~ t! ~€mea~ spa€€ ~ ~ € T4 ~ ~}~ a = g ; ~~ Ce~'~ae~e~ --~~ i~- e~a a e~ 9:=a€e ~- ~~ i~~ es~ a~t aa ~ ~ ~ ~ A z ~ ~i~~e~ nte ode- va g ~ a e e ~ ~ ea~ ~ «<a~~ ~ -~e~~e~es ~ ~ } ~ we~3e}a ~-~; ~t~~#~t a eem~a~~ e Pe~se~e ~~ts € heave €~e € ~ • g g r aa~e~ ..~v ..~,.. des} ees ~t~s ~e po~~~=a~~o= e«<g a~ s e~~3e • ~~4~~~33 i ~ R c g ~ ,.a °' ic $~3a}} €eie ~- ~ s =eag 3 cc33~ RS GR SSG= 1VRIS G= .,v..M,._~ ~ T,,, ~ ~ Ei~ PT ~ ~ ~} ' i ,., ,a....:.~... _ . r y- ~ a e ~ee e as e~ ~ ~ ~ G ~ € l . i ~ A~ OOL~ Tmi1S ~6~38 O } ~ea IC. GG~L'GC~.GC~ '~a' 2 CC.i4ISC u D r32 LRS1Si O SO T nl~TTT G. TTTI'\1.T \ ' °' L. ...F.. ..'.7 ...1. 7... .., ~ F, eA w.... i.,... , l -....7 ~, , " ~ ne a~}€iea~}eas ~ ~~~~ ~~ ~ a Q s ~ , e--~e~eda~a }a~- e q~ ~G~L,n=n~ --~-~:.ee - Flte~~€}ea€4e3 m ~ fie € ~ $ A G ] s ' 3s ~''"°""~ ~-' } , =~ ae } e R V7G~ C xszc a ac~, r~c+~a~~f } ~} ~} € ~ , , s ag, ems, t~~ ~~aages, se ee ea~i~~a€}a ia } } ~ ~ ~ } ~ , ~aeia e~-- --~ g, g, g ag; e x g~ ag e~s em p=eg~am~ g g ~. ~e i$ ~~e~~a~~~eagage~ }a ~~e aa4-ee~~e~ sus€e~--~siaess; ~~ --=r-- ------ ---- ----------- - s€em ~ s € ~ ~ ~ ee~t~t~€e~ ~ase~ ---==-~.='~- ---~ e€e~a~~~-as a~g~}e~~2 -----~ s e€ ee~t a~a~~e s~i~e € e ea u a$~e~ e~e -we~ z. e aaa-ee~g~e~i~~-as ~e~tti~e~ }a ~~r~ee ~ i n ~} ~ = g , ~; this Eeez2•~€ e~ a€--~ap~ e a€-we~~ ,.: F",a ~~e € ~ " ~eagage s as eea ae ve 3 ~€~ ~e~ei~ €e~--a€-ieas~ = l =~== ~ ~ € ~ i ~ €F ~ ~p r sieaa~ ~i iaee~ - n~~`°~, $ e~e e es ey~s-a-- eg e e~+P 4. ~s€e~s-ieee~, e~=a~~~ee~~fe _z~___ ~~ g , a~~r~giaee~ €e sr~~e~v}se--ems fir.. Section A - SP (REMISED 12/15/04 Page 16 of 22 eempleted a~Rn } } u€ae€t~re~'s b € ra}~iag eetrr €t~ll se ,.~`:•-,.•~~^,. J I as a S ~:G ma ata , -~erma~e~t ma}a€a#a, rePa ~ree-i G;`~ ~_____ € } ~ }r, ealib~at _ $t i m h e, a~---p~eg vahieh f~s t~i ~am the ~,~`^-- rec~e~ a€-~F3E' e t3~~3 ~:G ~ tall R[axx4€RGCQS C•~' to ae€-g~aet#eal, e eq~ p s €he ~ila3E}~t~tm~ a~~ eq~}pme~€ rae€}eal e3E€ a€~~i~e~ ~ e~€ where this is €~-w311 be-t-he iSRZ3C w=SS AG ROGR =t3 ev €h al~ati~g vah} w~r~e €er-t'~ eh Cep€raeter-ems . ~ " ~jrya=. ~eea~~ae€er-~~ e-ae eQrams ll d~ h ' ee all ~ " ~ a ~••` nrnar-~mmi na The Cea€~aeter e s a -~~ aad gives €e th the~reg~amm}erg i`3~` 'SSSGGiiRGR e Eit~-~agi~te -phase e~ to eheva al e~=va4~h-all e ~~a~ed-s=ree~ l e€ €he ~eq haages-x~adeg is- a~ e~amgle-aid ~}red sheets--the A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Section A - SP (REVISFsD 12/15/04 Page 17 of 22 e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 2 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished try the City" NOT IISBD A-38 Worker's Compensation Coverage for Building or__Constructioa Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8- 9. Section A - SP (REVISED 12/15/04 Page 18 of 22 A-40 Ameadmeat to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozoae Advisory °I3OT USED" c~ra--v-a-~-o:sue-u...~vv...Y .~...., ........ ~.,.........., ....,...t, ,. -_- -_r____' ____ _-_ -__., :=oti€~-^e~t~aete~ abe~€ ese~e alert TF ,~ j ti. +~w- ~- °a the aa~-vaill ae€ be eetta~ed as a vae~)e da~ae~-€lie Ge~t~aete~ *,~311 be ~~°N° eempeaeated at the t~it~~iee ~a' ^'-°~' ""' ^' A-42 OSHA Rules & Regulations It is the responsibility of the Contractor{s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Ameaded Indemnificatioa & Hold Harsnlesa Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, ,injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 AS-Built Dimensions and Drawings (7/5/00) (a} Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical} of all facilities. Section A - SP (REVISED 12/15/04 Page 19 of 22 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of alI work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) NOT USED .nw,. ..,.~~~..,.~, icxc cvsrctsc~.cv t} di i t ... w.,,, w„ x-oxsaxx ~-respae-s~4ble €e~ } ~ li €l h} f tt the-d}spesal e€ water used-€a~ ,..._~_-.;~_~..,. ~ a~- 't ~e ved mae~e~ es ag, s t 3 €€ me ~ts ag ~r ee ea-a- h levels --hi es€ l l ~ pg ~ . e€ ehle~}tee }11 be used-€a~ ie--wa e ~ di t f t4 g r; -par ee a~ ~ e~l d th - ~ , va ss}ble l}ml€s €e~ d}seha~ e~a a~ e_ ee es; -Keay-eseeee e ~ ; aa g a i h ~t w}ll 3 PA ~E6 t be the Eeet~aete~'= = =n==b=' ' ` aee~ es-see r , e ~s , e. -- r - _ -y F..... a:.. .., --- --:r-~-- ,.o ~~~~...t....~...a .,~.....,. -- ____~_____-_ __~ .. __::_ A-47 Pre-Construction $xploratory 8xcavatioas (7/5/00) NOT IISSD ~~ter te--aey-eer3s~r~e~tle~ vahateve~~~the-p~e}eet, Ee~t~aete~ ^`'-, , ._-~- ~*Kepesed-pipelrees of tote--gre~eet aed Cent~aete~ stall s~,~•-~~• rx~~~ _,~ _~- g}peli~ Section A - SP (REVISED 12/15/04 Page 20 of 22 A-48 Overhead Electrical Wires (7/5/00} Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Ameaded "Maiateaaace Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi.. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Texas General Laad Office dater Vse (03-07-07) Contractor may use water from Packery Channel for subgrade compaction as indicated on the drawing. Prior to use, the Contractor must get approval from the Texas General Land Office. Contact either Tony William at (512) 463-5055 or Mike Lemonds at (512) 463-3881. A-51 Limits of Coastruction Contractor shall stay within the 60 foot access road right of way and within the limits of the parking lot and placement area. Any damage caused by exceeding these limit shall be the responsibility of the Contractor including mitigation and environmental. A-52 Texas General Land Office Right of Iaspectioa/Examiaatioa (03/07/07) The City of Corpus Christi leases the land from the Texas General Land Office (TGLO). The TGLO may visit the site and shall have access to all aspects of the work to examine/inspect for compliance with their agreements with the City of Corpus Christi. A-53 Amended Prosecutioa aad Progress Under "General Provisions and Requirements for Municipal. Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (REVISED 12/15/04 Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: PACRSRY CHANNEL BOAT RAMP MAINTENANCE DREDGING; PROJECT No. 5270. OWPTBR: CITY OF CORPUS CHRISTI ENGINEER: URS CORPORATION, CORPUS CHRISTI, TEXAS CONTRACTOR: SIIBMITTAL DATE: SIIBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAAIING SUBMITTAL Section A - SP (REMISED 12/15/04 Page 22 of 22 PART B GENERAL PROVISIONS A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 25TH day of AUGUST, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Javeler Construction Co., Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $399,540.00 by -City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PACRERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 (TOTAL BASE BID + Add.Alt.l: $399,540.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 BASE BID I II III IV V SID QTY i UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QT~X UN IT SRICE F G ~ Mobilization/Demobilization which includes but is not limited to bonds, insurance, construction fencing, removal Al ~ of temporary ramps, and all other items required to ~, ~~~ '~l;~ , ;~. ~F•; r§yf.f complete the work described in $ ~ $ , d the plans and specifications, complete and in place, per Lump Sum. 17 800 Dredging, complete in place to C i Bid l ti ~,,~ a ~~'~ °~ '~~ A2 CY on, per Base oca $ ~ ~ ~ , $ C 7 ~~ A3 100 TON Stone Enhancement, complete in ~ ~/ ~~°' ~ `"`• ~~~ place, per Ton. $ - $ Stormwater Pollution Prevention Plan (SW3P) and A4 1 Best Management Practices ~-~j ~ '~ Lg-r~ ~ LS (BMP), complete in place, per $ $ • Lump Sum A5 1 Traffic Control Plan, Complete ~ ~~-~, ~^- ~--~~ LS in place, per Lump Sum. $~_ $ TOTAL BASE BID (Item Al through A5) $ ,~ g~. ~„ .~~ REVISED PROPOSAL FORM PAGE 3 OF 7 PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 ADDITIVE ALTERNATE 1 I II III IV V BID QTY i UNIT PRICE BID ITEM BXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QT~X UN I~~RICE F G Dredging, complete in place, B1 17,800 additional distance from Base ~p ~ ~ ~ ~' ~ ~ ~ ~ ~ t CY Bid location to Alternative 1 1 $ $ location, per Cubic Yard TOTAL ADDITIVE ALTERNATE 1 (Iteia 81) BID SUNIl~IARY TOTAL BASE BID: TOTAL BASE BID PLUS ADDITIVE ALTERNATE 1: S ~~ ~V ~i r Y '1 ~ / r ~ ~ Gr REVISED PROPOSAL FORM PAGE 4 OF 7 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTE City Secretary CITY OF CORPIIS CHRISTI By: C~"7? ~?~ ----- Oscar Martinez, As t. City Mgr. of Public Works and Utilities APPROVED S TO FORM: By: Asst. City Attorney L~z~ By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Javeler Con rueti Co. Inc. B Title: ~ ~ r 4406 HWY 14 (Address) NEW IBERIA, LA 70560 (City) (State)(ZIP) 337/364-5841 * 337/367-2888 (Phone) (Fax) Agreement Page 2 of 2 lRT C-OtfI1CIL ..~~ ~5~:'...1.. sEC ~~~aaY~p• P R O P O S A L F O R M F O R PACKERY CHANNEL BOAT RA1~ MAINTENANCE DREDGING PROJECT NO. 5270 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPZJS CHRISTI, TEXAS REVISED PROPOSAL FORM PAGE 1 OF 7 P R O P O S A L Place. Date : ~ '~ Proposal of ~~ ti'L~i ~ C.~~ 1~ fj a Corporation organized and existing under the laws of the State of ~ ~ ~-~ 1 C%' ~ ~-~'~ G'°-- OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: PACRERY CHANNEL BOAT RAMQ MAINTENANCE DREDGING PROJECT NO. 5270 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: REVISED PROPOSAL FORM PAGE 2 OF 7 PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 BASE BID I II III IV V BID QTY 6 UNIT PRICE BID ITSIi EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QT~X DNI T sRICE F ~ Mobilization/Demobilization which includes but is not limited to bonds, insurance, construction fencing, removal Al ~ of temporary ramps, and all other items required to ~, ~ ~ [ ~riU , ~,~~ ~ ~! complete the work described in $ , $ the plans and specifications, complete and in place, per Lu~gg Sum. 17 800 Dredging, complete in place to e~ ~ ~ ~ A2 , CY Base Bid location, per pubic Yard $ il $ r ~ ~a d' `` ~, A3 100 TON Stone Enhancement, complete in ~ ~~~ ~,~ `~ `'' ~~ ~ place, per Ton. $ ` ~ $ ~ Stormwater Pollution Prevention Plan (SW3P) and A4 1 Best Management Practices ~-. / ~ '° ~ ~, ~ ~ ~~ LS (BMP) , complete in place, per $ $ ° Lump Sum A5 1 Traffic Control Plan, Complete ` ~ ~3 ~ ~- ~ ~y~ LS in place, per Lump Sum. $ $ TOTAL BASE BID (Item Al through A5) REVISED PROPOSAL FORM PAGE 3 OF 7 PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 ADDITIVE ALTERNATE 1 I II III IV V BID QTY i UNIT PRICE BID ITE1[ EXTENSION ZTEM . UNIT DESCRIPTION IN FIGURES (QT~X UNI T SRICE F ~ Dredging, complete in place, ~ ~ B1 17,800 additional distance from Base j ~ ~ ~ G CY Bid location to Alternative 1 $ / t $ location, per pubic Yard TOTAL ADDITIVE ALTERNATE 1 (Item Bl) BID SUHII~ARY TOTAL BASE BID: TOTAL BASE BID PLUS ADDITIVE ALTERNATE 1: $ ~'~~ $ 3 , ~ ~ .~ ~ REVISED PROPOSAL FORM PAGE 4 OF 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minoritr~/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed .and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. .Time of Completion: The undersigned agrees to complete the work within 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. ~~, Receip~ of the following addenda is acknowledged (addenda number): f~ti~~~ Respectfully submitted: Name . I'a ~~° ~ ~~ ~. ~' ~ J i z ~. ~ . By (SEAL - IF BIDDER ZS (SIGNATURE) a Corporation) Address : ~ ~~ ~~~ ~ `)~~ ~ ~ (P.O. Box) (Street) (City) (State) (Zip) Telephone : :~ 3 ~~ .~1> '~- ~ ~~ ~ NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) REVISED PROPOSAL FORM PAGE 5 OF 7 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms seeking to do business with the Cityto provide the following informatiiion. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME: ~~.~~IE~ ~~~~ ~ ~ ~y~ ~'~ STREET: `~ ~ ~ ~ ~ ~ ~ 1 ~ CITY: ~~~~~ ~ ~~ti t ~=~-- ~ ~`~IP: 1~ ~~~~ FIRM is: Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (ff known) f ,a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 396 or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name ~-. Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant ~ ~. CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to-the City of Corpus Christi, Texas as changes !occur. Certifying Person: L~sll~ ~~`` ~~~'~ 5' Title: ~'~~~ `~ (Type r Print) ~, r t~ - s Signature of Certifying Persoi~:~ te: ~ ~ i REVISED PROPOSAL FORM PAGE 6 OF 7 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Construcctivvelyheki" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. REVISED PROPOSAL FORM PAGE 7 OF 7 Bond No. 58666920 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § I~TOW ALL BY THESE PRESENTS: THAT Javeler Construction Co., Inc. of Iberia Pa=ish, r Louisiana, hereinafter called "Principal", and Western Surety Company , a corporation organized under the laws of the State of South Dakota , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of THREE HUNDRED NINETY-NINE THOUSAND, FIVE HUNDRED FORTY AND NO/100 ($399,540.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 25TH of AUGUST 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 (TOTAL BASE SID + Add.Alt.1.: $399,540.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces 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, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. TN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 10th day of September 20 09 PRINCIPAL Javeler Construction Co., Inc. By: ~~~ ~~s ~, ~ M. c~Q~S Pr~es~ ~~,+ (Print Name & Title) ATTEST -wvvwer~_ v~ B~~a ~. ~~g ~v~.~P~~ ~~~ ~~~~L~~ (Print Name & Title) SURETY Western Surety Company By: - " (Print Name) {~;~« Re~.~dexz~ ~lg'ent: Qf~=' ~h~_~ ~' „w ~'~,.~`"' ~.~ -end ..servc~.~ fir Agency: Contact Person: Address: Swantner & Gordon Insurance Mary Ellen Moore PO Box 870 Corpus Christi, TX 78403-0870 Phone Number: (361) 883-1711 .~~~'~. (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 Bond No. 58666920 P A Y M E N T B O N D STATE OF TEXAS ~ COUNTY OF NUECES § IQ~TOW ALL BY THESE PRESENTS THAT Javeler Construction Co., Inc. of Iberia Parish, Louisiana, hereinafter called "Principal", -and Western Surety Company , a corporation organized under the laws of the. State of South Dakota , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE HUNDRED NINETY-NINE THOUSAND, FIVE HUNDRED E'ORTY AND NO/100($399,540.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Carpus Christi, dated the 25TH day AUGUST , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING PROJECT NO. 5270 (TOTAL BASE BID + Add.Alt.l: $399,540.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Uernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article, The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces 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, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 10th day of September 20 09 PRINCIPAL Javeler Construction Co., Inc. B y : ~~~J (Print Name & Title) T! AT/T//~E///SST ~~ V. ~"G~~ ~ M ~~~ Q. Cros~r ~B"C~~. ~res~~e~,~F ~ ~ect'e~a,f~ (Print Name & Title) SURETY Western Surety Company By: (Print Name) _ ;; .. Agency: Swantner & Gordon Insurance Contact Person: Mary Ellen Moore Address : PO Box 870 Corpus Christi, TX 78403-0870 Phone Number: (361) 883-1711 ~^~~~ ~~' (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 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 R M Lee, Mary Ellen Moore, H M Cantwell, Amy Shumate, Tami J Duncan, Individually of Corpus Christi, TX, its true and lawful Attorney(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 similaz 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 Attomey, pursuant to the authority hereby given, aze hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shazeholders 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 4th day of August, 2009. State of South Dakota 1 Jj ss County of Minnehaha SuREi! WESTERN SURETY COMPANY 0 ~W9 p?Cggl,; ~s~sf AV •'v ~~N DW~~ Paul . Bruflat, Senior Vice President On this 4th day of August, 2009, 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 Boazd 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 j~~~~~~titi4tihtititi4tititi~444tir ~ r D. KRELL f November 30, 2012 i EAL NOTARY PUBLIC SEAL f t~SOUTH DAKOTA~i +rtititititirtititititi titititititi4tititi• + CERTIFICATE D. Krell, No Public 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 _1 nmrr day of ~F T .MR .R 2 n n9 . ?~tREry~ WESTERN SURETY COMPANY ,~~'o~,voggr~~sa WS4 SID it\`S f p~' T j ~~~ OP~~P L. Nelson, Assistant Secretary Form F4280-09-06 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. OD% Western Surety Company Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Western Surety Company at 605-336-0850. AVISO IMPORTANTE Para obtener information o para someter una queja: Puede comunicarse con Western Surety Company al 605-336-0850. 3 You may call Western Surety Company's toll-free telephone number for information or to make a complaint at: 1-800-331-6053 4 You may also write to Western Surety Company at: P.O. Box 5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtectionQtdi.state.tx.us Usted puede Ilamar al numero de telefono gratis de Western Surety Company's para information o para someter una queja al: 1-800-331-6053 Usted tambien puede escribir a Western Surety Company: P.O. Box 5077 Sioux Falls, SD 57117-5077 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtectionC~?tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company first. If the dispute is not Surety Company primero. Si no se resuelve la resolved, you may contact the Texas Department disputa, puede entonces comunicarse con el of Insurance. deparamento (TDt). 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. Form 1929-4-2~8 ~~CORD CERTIFICATE OF LIABILITY INSURANCE oPID PB °A~(M"~DD"~ „ JAVBL-1 09 14 09 PRODUCER THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HUS Iat' 1 Gulf South Limited HOU)ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2014 w Pirshook #200; POS 51208 ALTER THE COVERAGE AFFORDED BY THEPOUCIESBELOW. Lafayette LA 70505 Phoae:337-235-3131 Fax:337-235-3268 INSURERS AFFORDINGCOYERAGE NAIC# INSURED INSURER A: State sratiosial sotesssx~ Oo. 12831 ~ INSURER B: SafeCO Insurance CO. JAVELBR CONSTRUCTION CO>IIPAH3f INC . INSURER C: americaa mtesetaee snntraace 31895 PN0811*BI88RIA7LA 70562-3370 s~ISURERD: Llo 's of Loadoa INSURER E: COVERAGES THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LBAIT8 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAHNS. LTR NSR TYPE OF SdS CE POLICY NUMBER DATE MMID DATE LIAlITB GENERAL LIABILITY EACH OCCURRENCE s 1, OOO, OOO A X COMMERCIAL GENERAL LIABILITY TUV440244-00~ 01/21/09 01/21/10 PREMISES Eaosauenoe S 50,000 CLAIMS MADE X^ OCCUR ~ MED EXP (Any one person) s excluded X Marine General co~crani./xw s:s,arr PERSONALdADV INJURY s 1, 000, 000 Liability GENERAL AGGREGATE i2,000,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 1, O OO , O O O X POLICY jE~ LOC AUT OMOBILE LUU3ILITY COMB E B X ANYAUro 24CC22154920 s 01/31/09 01/31/10 IN D SINGLE LNNIT (EBA~en1> S 1, O O O, O O O ALL OWNED AUTOS ~" ~ BODILY IN R SCHEDULED AUTOS JU Y (P~ Peen) S X HSiEO AUTOS BODILY IN R X NON-0WNED AUTOS JU Y {Par ecddenl) : PROPERTY DAMAGE (Per accident) S GARAGELWBILITY AUTO ONLY-EA ACCIDENT s ANY AUTO EA ACC OTHER THAN S _ AUTO ONLY: AGG S E7LCESSAJMBRELLA LU181LITY EACH OCCURRENCE S 1 O, 0 0 0, O O O A X occuR ~ cIA1MSMADE PML091578/PI!~ ~ 57 01/21/09 01/21/10 AGGREGATE S 10, 000, 000 a X DEDUCTIBLE E RETENTION x 2 5, 0 0 i WORKERS COMPENSATION AND EMPLOYERS LwelLln X TORY LIMITS ER C ANY PROPRIETORJPARTNERIEXECUTNE AVWCTX1786872009 O1 31 / / 0 9 01 / 31 / 10 E.L. EACH ACCIDENT S 1, O O O , O O O OFFICERMIEMBER EXCLUDED? B ~~~ ~reisr LA/TX/FL ~ E.L. DISEASE - EA EMPLOYEE S 1, O 0O , O O O SPECIAL FROVIBIONS below E.L. DISEASE -POLICY LIMIT s 1, 0 0 Q , 0 0 0 D oTNER 8quipmeat 605372 01/31/09 01/31/10 Leased or Rested i:qup Ph a Dam $ 200,000 DESCRIPTION OF OPERATE 1 LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL. PROVISIONS LA - $quipment Rental & Bales; Dredging -Coverage includes Blanket waiver of Subrogation & Blanket Add'1 Ias(as required by written contract), Ia Rem, USL&H, OCS, Gulf 8xt, T911M&C, DOHS, Non-owned watercraft, Maritime Project #5270 Packery Channel Boat Ramp Maintenance Dredging CERTIFICATE MOLDER CANCELLATIAN CITYC - 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MSUING MISURER WILL ENDEAVOR TO MAIL 3 O DAYS YYRITTEN City o f Corpus Christi "oT~ to THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Sagineeriag Services IMPOSE No OBLKsATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Contract Administrator ~~~TAT^~• P O Box 9277 AuTN rrvE Corpus Christi TX 78469 AGORD Z5 (ZUU7/UB) ®ACORD CORPORATION 1888 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 Certificate 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 Maritime - IIaderwzitera at State National #TW880150-00 1-21-09/1-31-10 $1,000,00.0 Any one Pereoa / $1,000,000 Any one Accident CSL COMMERCIAL GENERAL LIA8IUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organizatwn: As Required by written contract. (If no entry appears above, information requinad to complete this endonsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insun3d the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Javeler Construction Co Inc #TUV440244-00 CG 20 9011 85 Copyright, Insurance Senrices Office, Inc., 1984 Page 1 of 1 ^ IL 02 77 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCAU. INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Pol- icy Condition is replaced by the following, which applies unless Paragraph B. of this endorsement applies. 2. Notice O# Cancellation a. Cancellation Of Policies In Effect For Fewer Than 60 Days Which Are Not Renewals If this policy has been in effect for fewer than 60 days and is not a renewal of a pol- icy we issued, we may cancel this policy for any reason, subject to the following: (1) Cancellation for nonpayment of premium We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancel- lation. (2) Cancellation for ariy other reason We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel~tion at least 60 days before the effective date of cancel- lation. b. Cancellation Of Renewal Policies And New Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more, or is a renewal of a policy we is- sued, we may cancel only for one or more of the following reasons: (1) Nonpayment of premium; (2) Fraud or material misrepresentation made by you or with your knowledge with the intent to deceive in obtaining the policy, continuing the policy, or in pre- senting aclaim under the policy; (3) Activities or omissions by you which change or increase any hazard insured against; (4) Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in ex~- sure due to regulation, legislation, or court decision; (5) Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our soi~ncy or would place us in violation of the insur- ance laws of this or any other state; Javeler Constructon Co Inc #TUV440244-00 d iL 02 77 05 OS ©ISO Properties, Inc., 2004 Page 1 of 3 ~ (6) The insured's violation or breach of any policy terms or conditions; or (7) Any other reasons that are approved by the Commissioner of Insurance. We will mail or deliver written notice of cancellation under Paragraph A.2.b., to the first Named Insured at I~st: (a) 10 days before the effective date of cancellafron if we cancel for non- payment of premium; or (b) 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs A.2.b.(2) through (7) above. B. Paragraph 2. of the Cancellation Common Pol- icy Condition is replaced by the following, which applies with respect to premium payments due on new and renewal policies, including installment payments. 2. Notice Of Cancellation a. If your premium payment check or other negotiable instrument is returned to us or our agent or a premium finance company because it is uncollectible for any reason, we may cancel the policy subject to Para- graphs B.2.b. and B.2.c. b. We may cancel the policy effective from the date the premium payment was due, by sending you written natice by certfied mail, or by delivering such notice io you within 10 days of the date that we receive notice of the returned check or negotiable instrument c. The cancellation notice will also advise you that the policy will be reinstated effective from the date the premium payment was due, if you present to us a cashier's check or money order for the full amount of the re- turned check or other negotiable instrument within 10 days of the date that the cancella- tion notice was mated. C. Paragraph 5. of the Cancellation Common Pol- icy Condition is replaced by the following: 5. Premium Refund If this policy is cancelled, we wiN return any premium refund due, subject to Paragraphs C.5.a., C.S.b., C.S.c., C.S.d., C.S.e. and C.5.f. The cancellation will be effective even if we have not made or offered a refund. a. ff we cancel, the refund will be pro rata. c. We will send the refund to the first Named Insured unless Paragraph C.5.d. or C.S.e. applies. d. If we cancel based on Paragraph B.2. of this endorsement, we will retum the pre- mium due, if any, within 10 days after the expiration of the 10-day period referred to in B.2.c. If the policy was financed by a pre- mium finance comparry, or if payment was advanced by the insurance agent, we will send the return premium directly to such I~Y~• e. With respect to any cancellation of the Commercial Auto Coverage Part, we will send the return premium, if any, to the pre- mium finance company if the premium was financed by such company. f. When return premium payment is sent to the premium finance company or the agent of the insured, we will provide notice to you, at the time of cancellation, that a return of unearned premium may be generated by the cancellation. D. The Premiums Common Policy Condition is replaced by the fdlowing: PREMIUMS 1. The first Named Insured shown in the Declara- tions is responsible for the payment of ail pre- miums. 2. We will pay return premiums, if any, to the first Named insured, unless another pmson or en- tity is entitled to be the payee in acxordance with Paragraph C. of this endorsemenrt. E. Paragraph f. of the Mortgagsholders Condition in the Commercial Property Coverage Part and the Capital Assets Program (Output Poi'rcy) Coverage Part and Paragraph 4.(fl of the MortBageholders Condition in the Farm Coverage Part are replaced by the folbwing: If we cancel a policy that has been in effect for fewer than 60 days and is not a renewal of a policy we issued, we will gig written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation, if we cancel for nonpay- ment of premium; or (2) 60 days before the effective date of cancellation, if we cancel for any other reason. b. ff the first Named Insured cancels, the re- fund may be less than pro rata, and will be returned within 30 days after the effective date of cancellation. Page 2 of 3 ©ISO Properties, Inc., 2004 IL 02 77 05 05 O ~:~ !' l If we cancel a policy that has been in effect for 60 days or more, or is a renewal of a pdicy we issued, we will give written notice to the mortgageholder at least (1) 10 days before the effective date of cancellation, if we cancel for nonpay- ment of premium; or (2) 30 days before the effective date of cancellation, if we cancel for any other reason. F. The folbwing is added and supersedes any other provision to the cartrary: NONRENEWAL b. You have obtained replacement coverage or have agreed in writing to obtain replace- ment coverage. 3. Any notice of nonrenewal will be mailed or delivered to the first Named insured at the last mailing address known to us. If notice is mailed, proof of mailing wiU be sufficient proof of notice. 4. Such notice to the insured shall include the insured's loss run information for the period the policy has bean in force within, but not to ex teed, the last three years of coverage. 1. if we decide not to renew this policy, we will mail or deliver written notice of nonrenewai to the first Named Insured. at least 60 days before its expiration date, or its anniversary date if it is a pol'~cy written for a term of more than one year or with no fixed expiration date. 2. ~ We need not mail or deliver this notice if: a. We or another company within our insur- ance group have offered to issue a renewal policy; or IL 02 77 05 05 ®ISO Properties, Inc., 2004 Page 3 of 3 17 ~ n~u r~ rice e COMMON POLICY CONDITIONS ... .~ All coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Dec- larations may cancel this policy by mailing or delivering to us advance written notice of cancellation. IL Im 17 11 98 during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: 2 We may cancel this policy by mailing or de- livering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel far nonpay- meat of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that -date. 5. ff this policy is canceled, we will- send the first Named Insured any premium refund due. ff we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation. wiA be effective even if we have not made or offered a refund. 6. ff notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements betw~n you and us concerning the insurance afforded. The first Named Insured shown in the Declaza- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by en- dorsement issued by us and made a part of this policy. C. Examinatlon Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any in- spections, surveys, reports or recommenda- tions and any such actions we do undertake relate only to insurability and the premiums to be charged. We da not make safety in- spections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that cond'~tions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2 ~ this condition apply riot only to us, but also to any rating, advi- sory, rate service or similaz organization which makes insurance inspections, sur- veys, reports or recommendations. 4. Paragraph 2 of this conddion does not apply to any inspections, surveys, reports or re- commendations we may make relative to certification, under state or municipal statutes,. ordinances or regulations, of boil- ers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declaza- tions: 1. Is responsible for the payment of ali premi- ums; and 2. Will be the payee for any return premiums we pay. Copyright, insurance Services Office, Inc., 1998 Javeler Construction Co Inc #24CC2215~9-?t safeco and the Saleco logo are registered trademarks of Safeoo Corporation tL 00 1711 9N age of 2 EP P. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. ff you di®, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as yon legal representative. Until yot~ legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. X A Page 2 of 2 .._ _..,...,.. _...~..-. ._.-.:,.._ ,.._.__._...,...,__~_____.__.__..__.. _...,.._......~ C-10-Y9-PftIN7001A4f~-0U54~Q tnsutance COMMERCIAL AUTO CA 71 10 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT -LOUISIANA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO -PHYSICAL DAMAGE COVERAGE Under paragraph C. -CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 -COVERED AUTOS, the following is added: ff Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any °auto" you do rtat own while used with the ex- press or implied permission of its owner as a tempo- rary substitute for a covered "auto" you own that is out ~ service because of its breakdown, repair, ser- vicing, '9oss" or destruction. BROAD FORM NAMED INSURED SECTION 11 -LIABILITY COVERAGE - A1. WHO IS AN INSURED provision is amended by the addition of the following: Coverage is extended up to a maximum of 180 days following acquisition or formation of the business errtity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION 11 -LIABILITY COVERAGE - A1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- ~quired by an °insured contract" to provide insur- ance is an 'insured", subject to the following additional provisions: (1} The `insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the `bodily injury° or "property damage". (2} This person or organization is an 'Snsured" only to the extern you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "acciderrt" occurring while a covered 'auto" is being driven by you or one of your em- ployees. d. An business entit newt ac Bred or formed b (3) There is no coverage provided to this person Y Y Y q Y or organization for 'bodily injury" to its em- you during the policy period provided you own ployees, nor for "property damage" to its 5036 or more of the business entity and the property, business entity is not separately insured for Business Auto Coverage. (4) Coverage for this person or organization . shall be limited to the extent ~ your negli- gence or fault according to the applicable principles of comparative negligence or fault. Javeler Construction Co Inc #24CC221549-2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, inc., 1997 m m Safeeo and the Sai~.w logo are reglatered trademarl~ of Safaco Corporation CA 77 10 OS 07 Page 1 of 6 EP (5) The defense. of any claim or "suit" must be We will pay up to $50 per day to a maximum of tendered by this person or organization as $1,500 for temporary transportation expense incurred soon as practicable to all other insurers by you because ~ the total theft ~ a covered "auto" which potentially provide insurance for such of the private passenger type. claim or "suit". iiii~a ~. (6~ The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the insured contract". (7) A person's or organization's status as an `5nsured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section If -LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member ~ his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION 11 - LIABILITY COVERAGE - B. EXCLUSIONS is amended by the addition ~ the following: However, tfvs exclusion does not -apply if the "bodily injury" resuRs from the use of a covered "auto" you own or hire, arKl provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAMER OF SUBROGATION We waive the right ~ recovery we may have for pay- ments made for "bodily injury" or 'property damage" on behalf of the persons or organizations added as insureds" under Section 11 -LIABILITY COVER- AGE -A.I.D. BROAD FORM NAMED INSURED and A1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE - ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE PERSONAL EFFECTS COVERAGE A. SECTION 111 -PHYSICAL DAMAGE COVER- AGE, A4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned 'auto" that is involved in a covered "loss", we will pay up to $500 for `personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A. - COVERAGE ~ SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to add: S. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. -EXCLUSIONS of SECTION ill - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accider~al discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C -LIMIT OF INSURANCE of Section 111 -PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However,. in the evert Of a total lass to your "new VehlCle" to which this coverage applies, ~s shown in the declarations, we will pay at your option: a The verifiable "new vehicle" purchase price you paid for your damaged velacle, not in- cluding any insurance or warrar~ies pur- chased; - b. The purchase price, as negotiated by us, of The first serrtence of paragraph A.4. of SECTION III a ~~" vehicle ~ the same make, model and - PHYSICAL DAMAGE COVERAGE is~amended as equipmerrt, not including any furnishings, follows: ~ ufactureror manufact~ur'enr~Idea~ship. If the same model is not available pay the Page 2 of 6 purchase price of the most similar model available; c. The market value of your damaged vehicle, not includng any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only .to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weigh) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION 111 -PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. H the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. ff the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. ff the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the propose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America r . ~~ ..~~~ b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the follawing adjustments: (1) Overdue paymer-t and financial penalties associated with those payments as of .the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accidera or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (v~ Final payment due under a "Balloon Loan" . (~ The dollar amount of any un-repaired damage that occurred prior to the `total loss" of a covered "auto". m Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result ~ the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR -WAVER OF DEDUCTIBLE d. American Economy Insurance Company Under paragraph D. -DEDUCTIBLE of SECTION 111 e. First National Insurance Company of -' PHYSICAL DAMAGE COVERAGE, the following is added: America LOAN/LEASE GAP COVERAGE No deductible applies to glass damage if the glass is repaired rather than replaced. Under paragraph C -LIMIT OF WSURANCE of SECTION 111 -PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time ~ the "loss", less an adjustment for depreciation and physical condition; or CA 71 10 05 07 Pac AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. - DUTIES IN THE EVENT OF .ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION N -BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or x3 3 of 6 EP C-I D•23PRI NTODI.0402-0088-0 (3) An executive officer or insurance manager, if you broadest coverage applicable to any covered "auto" are a corporation. you own. UNINTENTIONAL FAILURE TO DISCLOSE HIRED AUTO PHYSICAL DAMAGE COVERAGE - HAZARDS LOSS OF USE s_ a>sr s= s ~_ SECTION N -BUSINESS AUTO CONDITIONS - SECTION III -PHYSICAL DAMAGE A.4.b. Form 8.2. is amended by the addition of the following: does not apply. ff you uNntentionally fail to disclose any hazards ex- ~ Subject to a maximum of $1,000 per accident, we will fisting at the inception date of your policy, we will not cover loss of use of a hired "auto" if it results from deny coverage under this Coverage .Form because of an acadent, you are legally liable and the lessor in- such failure. curs an actual financial loss. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non=renewal. HIRED AUTO - LfMITED WORLD WIDE COVER- AGE Under Section N -Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The 'accident" or loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V -DEFINITIONS - C. is replaced by the following: RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an 'auto" be- cause of a covered "loss" to a covered "auto". Paymerrt applies in addition to the otherwise ap- plicable amours of each co~rerage you harre on a covered "auto". No deductibles apply to this coverage. B. We will pay oNy for those expenses incurred during the policy perwd beginNng 24 hours after the 'Noss" and ending, regarNess of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". "Bodily injury" means bodily injury, sickness or dis- ff loss" is caused by theft, this number of ease sustained by a person including mental anguish ~ days is added to the number of days it takes or death resulting from any of these. to locate the covered "auto" and' return it to you. HIRED AUTO PHYSICAL DAMAGE COVERAGE ff hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss yr CoAision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to °autos" you hire or borrow. The most we, will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible, The de- ductible wilt be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Physical Damage coverage is excess over arty other collectible insurance. 2 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos' available to you for your operations. E. ff "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage oNy that amours of your rental reimbursemerft expenses wfdch is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the F. The Rental Reimbursement .Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We wilt pay with respect to a covered "auto" .for "loss" to any electronic equpment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only ff the equipment is permaner~ly installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered 'auto" at the time of the doss", and such equipment is designed to be solely operated by use of the power from the "auto's" elec- trical system, in or upon the covered "auto". 2 We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above.. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipmerrt Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Egtnpment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic eq~epment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "ammo's" operating system; or 2 Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing egtrip- ment is permanently installed in the covered "auto"; and 1. ff Woss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "toss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered 'auto" our obligation to pay .for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered ~ "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered `auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- CA 71 10 05 07 Page 5 of 6 EP C-ID-23-PRIN7'061.0402-~4p~p b. permanently installed in the opening of the dash or console normally used by the manufacturer far the installation of a radio C. Llmlt of Insurance Wrth respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. ff a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible x e s~ s _=-~ ered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. )n no event will more than one deductible apply. SECTION V -DEFINITIONS is amended by adding the following: O. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you "are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 of 6 r_~n_vvon~"mn.nenv.nna~ s WORKERS COMPENSATION AN[ APLOYERS LIABILITY INSURANCE PQ°~"Y WC 17 06 01 D Original Printing Effective April 7, 2002 LOUISIANA AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the Policy because Louisiana is shown in item 3A. of the Information Page. PART SIX-CONDITIONS The Cancellation Condition of the policy is replaced by this Condition: D. Cancellation 1. if coverage has not been in effect for sixty days and the policy is not a renewal, cancellation shall be effected by mailing or delivering a written notice to the first-named insured at the mailing address shown on the policy at feast sixty days before the cancellation effective date, except in cases where cancellation is based on nonpayment of premium. Notice of cancellation based on nonpayment of premium shall be mailed or delivered at least ten days prior to the effective date of cancellation. After coverage has been in effect for more than sixty days or after the effective date of a renewal policy, no insurer shall cancel a policy unless the cancellation is based on at least one of the following reasons: a. Nonpayment of premium. b. Fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy, or in presenting a claim under the policy. c. Activities or omissions on the part of the named insured which change or increase any hazard insured against, including a failure to comply with loss control recommendations. d. Change in the risk which increases the risk of loss after insurance coverage has been issued or renewed, including an increase in exposure due to regulation, legislation, or court decision. e. Determination by the commissioner of insurance that the continuation of the policy would jeopardize a company's solvency or would place the insurer in violation of the insurance Taws of this state or any other state. f. Violation or breach by the insured of any policy terms or conditions. g. Such other reasons that are approved by the commissioner of insurance. 2. a. A notice of cancellation of insurance coverage by an insurer shall be in writing and shall be mailed or delivered to the first-named insured at the mailing address as shown on the policy. Notices of cancellation based on conditions 22:636.4, 1.b. through 1.g. above shall be mailed or delivered at least thirty days prior to the effective date of the cancellation; notices of cancellations based upon condition 1.a. above shall be mailed or delivered at least ten days prior to the effective date of cancellation. The notice shall state the effective date of the cancellation. b. The insurer shall provide the first-named insured with a written statement setting forth the reason for the cancellation where the insured requests such a statement in writing and the named insured agrees in writing to hold the insurer harmless from liability for any communication giving notice of or specifying the reasons for a cancellation or for any statement made in connection with an attempt to discover or verify the existence of conditions which would be a reason for cancellation under this endorsement. 3. Nothing in this endorsement shall require an insurer to provide a notice of cancellation or a statement of reasons for cancellation where cancellation for nonpayment of premium is effected by a premium finance agency or other entity pursuant to a power of attorney or other agreement executed by or on behalf of the insured. Javeler Construction Co Inc #AVWCTX1786872009 Page 1 of 3 © 2002 National Council on Compensation Insurance, Inc. WORKERS COMPENSATION ANC `APLOYERS LIABILITY INSURANCE PO!~ ; Y WC 17 06 01 D Original Printing Effective April ?, 2002 This Condition is added to the policy: Your Right to Remove Agent We will not change or remove the agent of record who wrote this policy prior to the termination or renewal of this policy unless you request the change or removal. If you request the change or removal of the agent, we will notify the agent in writing 15 days in advance of the change. or removal. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching" dause need be ~mpleted only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 01/31/2009 at 12:01 A.M. standard time, forms a part of (Date) Endorsement No. Policy No. AVWCTX1786872009 of the AMERICAN INTERSTATE INSURANCE COMPANY - 24759 (Name of Insurance Carrier and NCC/ Can'ier Gode) issued to JAVELER CONSTRUCTION CO., INC. Policy Effective 01131 /2009 to 01 /31/2010 (Date) (Date) Premium $ Page 3 of 3 Authorized Representative ® 2002 National Council on Compensation Insurance, Inc. WC 17 06 01 D WC :ERS COMPENSATION AND EMPLOYE~'1iL1ABILITY INSURANCE POLICY Effective April 7, 2002 Original Printing 4. An insurer may decide not to renew a policy if it delivers or mails to the first-named insured at the address shown on the policy written notice it will not renew the policy. Such notice of nonrenewal shall be mailed or delivered at least sixty days before the expiration date. Such notice to the insured shall include the insured's loss run information for the period the policy has been in force within, but not to exceed the last three years of coverage. If the notice is mailed less than sixty days before expiration, coverage shall remain in effect under the same terms and conditions until sixty days after notice is mailed or delivered. Eamed premium for any period of coverage that extends beyond the expiration date shalt be considered pro rata based upon the previous year's rate. For purposes of this endorsement, the transfer of a policyholder between companies within the same insurance group shall not be a refusal to renew. In addition, changes in the deductible, changes in rate, changes in the amount of insurance, or reductions in policy limits or coverage shall not be refusals to renew. 5. Notice of nonrenewal shall not be required if the insurer or a company within the same insurance group has offered to issue a renewal policy, or where the named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage. 6. ff an insurer provides the notice described in paragraph 4 above and thereafter the insurer extends the policy for ninety days or less, an additional notice of nonrenewal is not required with respect to the extension. 7. An insurer shall mail or deliver to the named insured at the mailing address shown on the policy written notice of any rate increase, change in deductible, or reduction in limits or coverage at least thirty days prior to the expiration date of the policy. If the insurer fails to provide such thirty-day notice, the coverage provided to the named insured at the expiring policy's rate, terms, and conditions shall remain in effect until notice is given or until the effective date of replacement coverage obtained by the named insured, whichever first occurs. For the purposes of this paragraph, notice is considered given thirty days following date of mailing or delivery of the notice. If the insured elects not to renew, any earned premium for the period of extension of the terminated policy shall be calculated pro rata at the Power of the current or previous year's rate. If the insured accepts the renewal, the premium increase, if any, and other changes shall be effective the day following the prior policy's expiration or anniversary date. 8. Paragraph 7 shall not apply to the #ollowing: a. Changes in a rate or plan filed with the insurance rating commission and applicable to an entire class of business. b. Changes based upon the altered nature or extent of the risk insured. c. Changes in policy forms filed and approved with the commissioner and applicable to an entire class of business. d. Changes requested by the insured. 9. Proof of mailing of notice of cancellation, or of nonrenewal or of premium or coverage changes, to the named insured at the address shown in the policy, shall be sufficient proof of notice. Section I., Actions Against Us, of Part Two (Employers Liability Insurance) of the policy is replaced by the following: I. Actions Against Us You may not bring an action against us under this insurance unless: 1. You have complied with all the terms of this policy; and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. The bankruptcy or insolvency of you or your estate will not relieve us of our obligations under this Part. Page 2 of 3 ® 2002 National Council on Compensation Insurance, Inc.