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Home My WebLink AboutC2009-437 - 9/29/2009 - Approved2009 -437 M2009 -279 09/29/09 SLC Construction S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT ARCHITECT: CHUCK ANASTOS ASSOCIATES, LLC PO BOX 3883, 78463 -3883 901 SOUTH STAPLES STREET, 78404 CORPUS CHRISTI, TEXAS TEL: 361.884.4422 FAX: 361.884.4419 EMAIL: caaincarch @aol.com FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 IPROJECT NO: 6515 1 DRAWING NO: CP-167 (Revised 6/27/99) BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET CITY PROJECT NUMBER 6515 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/2000) NOTICE TO CONTRACTORS - A Insurance Requirements (Revised March 2009) NOTICE TO CONTRACTORS - B 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 A -11 Cooperation with Public Agencies 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 �. _____ _= __ NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds ?.. 2 CGi1c T"ex— ateRap ±cn NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements NOT USED A -28 Considerations for Contract Award and Execution Page 1 of 3 A -29 Contractor's Field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 NOT USED A -36 Other Submittals NOT USED 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 4, NOT USED 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) NOT USED A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) NOT USED A -51 Amended Prosecution and Progress Submittal Transmittal Form Attachment 1- Project Sign PART B - GENERAL PROVISIONS FEDERAL WAGE RATES AND REQUIREMENTS - FEDERALLY REQUIRED LANGUAGE PART C - PART C -1 PART T - TECHNICAL SPECIFICATIONS DIVISION 2 Section 02050 - Section 02230 - Section 02315 - Section 02320 - Section 02561 - Section 02582 - - SITEWORK Selective Demolition Partial Site Clearing Excavation and Fill Backfill Concrete Curb And Gutter Temporary Traffic Controls During Construction DIVISION 3 Section 03100 Section 03200 Section 03300 Section 03355 - CONCRETE - Concrete Formwork - Concrete Reinforcement - Cast -in -Place Concrete - Decorative Concrete Page 2 of 3 NOT USED LIST OF DRAWINGS Sheet #1 TITLE SHEET Sheet #2 DEMOLITION SITE PLAN Sheet #3 SITE PLAN AREAS "A" & "B" Sheet #4 SITE PLAN AREAS "C" & "D" Sheet #5 DETAILS Sheet #6 TxDOT BARRICADE AND CONSTRUCTION PROJECT LIMIT STANDARD Sheet #7 TxDOT BARRICADE AND CONSTRUCTION TEMPORARY SIGN NOTES STANDARD Sheet #8 TxDOT BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT Sheet #9 TxDOT BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD Sheet #10 TxDOT BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD Sheet #11 TxDOT BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD Sheet #12 TxDOT PEDESTRIAN FACILITIES GENERAL NOTES AND DETECTABLE WARNINGS Sheet #13 TxDOT TRAFFIC CONTROL PLAN NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET - 2008, Project No. 6515: Consists of all work to install new integrally colored concrete walks on the east side of Brownlee Boulevard from Hancock Street to Morris Street. The new walks shall include site clearing and stripping; sand cushion; integrally colored concrete walks in patterns emulating trees; expansion joints; control joints; concrete stamping and staining; replace concrete driveways; concrete curb and gutter; asphalt patching; concrete curb ramps with truncated domes; final site clean -up and proper disposal of debris /waste; complete in accordance with the plans, specifications, and contract documents; Will be received at the office of the City Secretary until 2:00 PM on Wednesday, August 5, 2009 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for, beginning at 10:00 AM, on Wednesday, July 29, 2009 at the Engineering Services Conference Room, 3rd Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre -bid meeting will be conducted by City staff and Project Architect Chuck Anastos, A.I.A. will be available for questions and answers. This project is funded through the Community Development Act of 1974 with funds approved in FY 2007. Approximately 100 %. of the total estimated project cost will be funded through this source. A bid bond in the amount of 5% 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 no /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 Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 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 INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 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 $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED age 1 0 ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For 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 any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 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 shall 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 11 "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 all 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 filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading 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: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) 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 coverage 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 11 (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 governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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 IF-1 .Ai 'A (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; r tie' ►l1e govemrn rliaTentity tir writhngiy , 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) condo tally require eaeh 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: pr(o1) e ct pro bvasdee d c ovn epernatogpe r fo rer o rteimnpg loof y ees clas pro sifiativnon g csodervic es en d o n p aa y poj l amounts ae ndu ra d lntion g o of a nthy e coverage agreem (2) provide a certificate of coverage as wired by its contract to provide services on the project, prior to begini 1g work on the project; (3) have the following language 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 aft employees ofthe 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 amount, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the coverage period of coverage, iftl ofthe project on for whom it is providing services on the project, prior to the end of the own on its current certificate ofcoverage, a new certificate showing extension coverage period shown on the certificate of coverage ends during the duration (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 personbeginning work on the project and (B) prior to file end of the coverageperiod, 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' 5 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 paragraph (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 (Ii) 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 declared 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 who are required pursuant to Texas Civil Statutes, Article 6675e, to register with the Texas Department of Transportation and who 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 net the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies Watt) so propn r rs, p: a e ers, an i 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 T288 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 F -111 Article . Workers' Compensation Insurance Coverage. A. Definitions. Certificate of covemge (" certificate")- A copy of a certificate of insurance, a certificate cate of authority to self insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, MCC-83, or MCC-84), showing statutory workers' compensation insurance coveragefor , er h's orentivi wer s providing services wa_projectiAr the duration of the project. Duration of the project -: includes the time from the beginning of the work on the project until the contractor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 .096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perfon z 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 foodlbeverage vendors, office supply deliveries, and delivery ofportable toilets. B. ?he contractor shall prov dde coverage, based on proper reporting of classification codes and payroll amounts aged jziing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contras r r v to p o iding services • on the project; for the duration of the protect- C. 7 r Contractor must provide a certificate of coverage to the 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 the governmental entity: rrnmental entity prior to om each person providing services on a project, and provide to (1) a certificate of coverage, prior to that person beginning work on the projects so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after reipt by the contractor, a new certificate of coverage ' showing extension o vet j e coverage od shown on the current certificate of coverage ends during the dust on of the profi t Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, - (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 f I IA Insurance Regulation. Providing false 'or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. I The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. PART A SPECIAL PROVISIONS BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 SECTION A - SPECIAL PROVISIONS A -1 Time and 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 5, 2009. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office City Sccrctary's Offico City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and 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 any proposal, by the proposer, their agent /representative, V.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on WEDNESDAY, JULY 29, 2009, beginning at 10:00 AM. 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 City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project Consists of all work to install new integrally colored concrete walks on the east side of Brownlee Boulevard from Hancock Street to Morris Street. The new walks shall include site clearing and stripping; sand cushion; integrally colored concrete walks in patterns emulating trees; expansion joints; control joints; concrete stamping and staining; replace concrete driveways; concrete curb and gutter; asphalt patching; concrete curb ramps with truncated domes; final site clean -up and proper disposal of debris /waste; complete in accordance with the plans, specifications, and contract documents; All work shall meet the current requirements /standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR) and shall be in accordance with the plans, specifications and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 22 A -4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to availability of funding. 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 Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street, Protect No. 6515 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any 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 90 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. 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, $100 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 Insurance 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 Acknowledgment 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. 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 subocaztractor must not pay less than the specified wage rates to all laborers, worlanen, 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 reoand showing the names and classifications of all laborers, workmen, and mechanics employed by then 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 payrolls 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%) 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 cooperation 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 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 826 -3500 Project Architect 884 -4422 (946 -0069 mobile) Chick Anastos Associates, LIC Traffic Engineering 826 -3540 Section A - SP (Revised 12/15/04) Page 3 of 22 Police Department Water Department Wastewater Department Cng Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services Municipal Information Systems (M.I.S.) AEP S B C City Street Div. for Traffic Signal /Fiber Optic locate cablevision ACSI (Fiber Optic) EMC (Fiber Optic) Choiceccm (Fiber Optic) CA CK (Fiber optic) Brooks Fiber Cptic (MAN) 882 -1911 826 -1880 826 -1818 885 -6900 826 -1881 826 -3461 826 -1970 826 -3740 299 -4833 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (826 -3140 after hours) (826 -3140 after hours) (885 -6900 after hours) (826 -3140 after hours) (693 -9444 after hours) (1 -800- 824 -4424, after hours) 826 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) A -12 Maintenance 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. A -13 Area Access and Traffic Control 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 residence and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP (Revised 12/15/04) Page 4 of 22 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. payment will be made to Contractor. A -14 Construction 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 USED) 'oh the City Engineer or hio representative with a field officc at the construetion site. The field offiee muot contain at leant 120 square feet of uoeable space. The field office must be air conditioned and h atcd and must be furniohed with an inclined table that mcaaurco at The field office must be furnished with a telephone (with 24 hour per day Section A - SP (Revised 12/15/04) Page 5 of 22 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR 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 and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, 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 bench marks damaged as a result of the Contractor's 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.) 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. Section A - SP (Revised 12/15/04) Page 6 of 22 Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) ( TXDOT and RR permits). A -20 Testing and 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 Project Signs The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 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 policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. Section A - SP (Revised 12/15/04) Page 7 of 22 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 51.01 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 women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Section A - SP (Revised 12/15/04) Page 8 of 22 f. 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 25.0 % -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 Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (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. 4. 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 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. 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 reinsurer(s) 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. Each 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 Exemption NO LONGER APPLICABLE (6/11/98) Section B G 22, Tax Exemption Provision, is deleted in its cntircty and the following substituted in lieu thcrcof. Contracts for improvements to rcal property awarded by thc City of Corpus Christi do not qualify for exemptions of Sales, Excioc, and Uoc Taxco unlcoa Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of thc Tcxaa Administrative Code, or such othcr rules or regulations as may be promulgated by thc Comptroller of Public Accounts of Tcxaa. If thc Contractor elccto to operate under a separated contract, he shall. 1. Obtain thc necessary sales tax permits from the State Comptroller. 2. Identify in thc appropriate apace on thc "Statement of Hateriala and Other Charges" in the proposal form thc coat of materials phyoically incorporated into the Project. 3. provide resale ccrtifioatca to suppliers. 1. Provide thc City with copies of material invoices to aubatantiatc the Section A - SP (Revised 12/15/04) Page 10 of 22 If thc Contractor doco not cicct to operatc undcr a muot pay for all Ealco, Exci -, ocparatcd contract, he Subcontractoro arc cligiblc for oalco tax exemptiono if the subcontractor rcoalc ccrtificatc to thc subcontractor and iaauco a rcoalc ccrtificatc to hio supplier. thc subcontractor, in turn, A -26 Supplemental Insurance Requirements 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: 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 11 of 22 A -27 Responsibility for Damage Claims (NOT USED) aragraph (a) General Liability of Section B C 11 of the General Provioionr io amended to include: Contractor muot provide Buildcr'o Riok or Inotallation Floater inourancc covcragc for thc term of thc Contract up to and including thc date the City finally aecepto thc Project or work. Builder's Riok or Installation Floater covcragc must bc an "All R}sk" form. Contractor muot pay all insurancc covcragc, including any deduetible. The City must bc named additional inourcd on any policico providing ouch insurance covcragc. A -28 Considerations for Contract Award and Execution 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. Foremen cannot act as superintendent without prior written approval from the City. Section A - SP (Revised 12/15/04) Page 12 of 22 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 written approval of field administration staff is a prerequisite to the City Engineer's obligation 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 Amended "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 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; Section A - SP (Revised 12/15/04) Page 13 of 22 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 in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Sara Work and 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 "Execution 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 in Special Provision A -1. 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. Section A - SP (Revised 12/15/04) Page 14 of 22 A -35 City Water Facilities: Special Requirements (NOT USED) A. Vioitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractoro, and each of their cmploycco muot havc on their person a valid card certifying their prior attendance City Water Dcpartmcnt Pcroonncl. A Vioitor /Contractor Safcty Oricntation Program will bc offered by authorized City Watcr For additional information refer to Attachment 1. The Contractor °hall not otart, operate, or atop any pump, motor, valve, equipment, °witch, breaker, control, or any othcr item operated by an operator or othcr authorized maintenance employee of thc City Watcr Dcpartmcnt. C. Protection of Watcr Quality The City muot dclivcr water of drinking quality to its cuotomero at all timco. The Contractor ohall protect the quality -of the watcr in thc job site and ohall ceordinatc its werk :- - - D. Conformity with 2NSI /NSP Standard 61 All matcrialo and equipment uocd in the repair, reaoocmbly, IC CZ other itcmo, which could come into contact with potable water, muot Standard Cpccificationo. Such matcrialo include all aolvcnto, cleaner°, lubricant °, gaokcto, thread compound°, coatingo, or hydraulic equipment. Thcoc item. muot not bc uocd unlcoo they eenform with ANSI /NSF Standard 61 and unl000 ouch itcmo arc inopeetcd on thc oite by authorised City peroonncl immediately prior to uoc. proof of ANSI /NSF Standard 61 approval for all matcrialo which could come into contact with potable watcr. oubcontractoro, muot be contained at all timed at thc water facility oite. Blowing traoh will not be allowed. The Contractor ohall keep work arcao clear- at all times and removc all traoh daily. Section A - SP (Revised 12/15/04) Page 15 of 22 than orange, blue, or white. Each employee uniform must provide C. Contractor shall providc telephencs for Contractor personnel. Plant H. Working hours will be 7:00 A.M. to 5:00 P.M., Moaday thru Friday. I. Contractor must not use any City facility restroomo. Contractor must providc own sanitary facilities. J. All Contractor vehicles moat be parked at designated site, as designated by City Watcr Department staff. All Contractor vehicles must be clearly labeled with company name. No privatc cmployeo vchicics are allowed at O. N. Stevens Water Treatment Plant. All personnel muat be in company vehicles. During working hours, contractor employees must not leave the designated construction arca nor wandcr through any buildings other than for rcquircd work or as dircctcd by City Watcr Dcpartmcnt peraonncl during cmcrgcncy K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUICITION) bc performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, alibrating, or placing in operation all hardware and /or software specified or rcquircd by these specifications. The Contractor or his subcontraeber prepesing to perform thc SCADA work must bc able to demonstrate thc following: 1. Hc is regularly engaged in thc computer based monitoring and control system business, preferably as applied to the municipal watcr and wastewater industry. 2. Hc has performed work on systems of comparablc size, typc, and complexity as rcquircd in this Contract on at leapt thrcc prior projects. 3. Hc has been aetivcly engaged in the typc of work specified herein for at least 5 years. 4. He employs a Registered Professional Engineer, a Control Systems Enginecr, or an Electrical Engineer to superviac or perform the -work rcquircd by this specifications. 5. Hc cmployo personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped maintain, repair, spccified hercin. calibratc, and program thc systems Section A - SP (Revised 12/15/04) Page 16 of 22 7. He ohall furnioh equipment which io thc product of onc manufacturer to thc maximum practical extent. Whcre thin is not practical, all equipment of a given type will be thc product of onc manufacturer. 0. Prior performance at thc O. N. Steven Water Treatment Plant will bc uocd in evaluating which Contractor or oubcontraotor programa thc new work for thin Project. 9. Thc Contractor ohall produce all filled out programming blocko required to ohow the programming as needed and required, to add there two oyotemo to the exioting City SCAM_ oyotcm. Attachcd io an example of the required programming blocko which the City requites to be filled in and given to thc City Engineer with all changes made during thc programming phaoc. Thc attached ahect io an example and is not intended to ohow all of the required oheeto. Thc Contractor will provide all programming blocko uocd. L. Trenching Rcquircmcnta All trenching for thio projcct at thc 0. N. Etcvcno Water Treatment number of exioting undcrground obotructiono. No trenching machinco- ohall bc allowed on thc projcct. A -36 Other Submittals 1. 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. 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. Section A - SP (Revised 12/15/04) Page 17 of 22 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. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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 by the City" (NOT USED) ircmcnto for Municipal Construction Contracto ", B "The Contractor must comply with the City of Corpus Christi's Watcr Conocrvation and Drought Contingency Plan ao amended (thc "Plan "). Thio includco implementing water conacrvation mcaoureo cotabliohed for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at thc prc construction meeting. The Contractor will keep a copy of the Plan on the Project oitc throughout construction." A -38 Worker's Compensation Coverage for Building or Construction 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. A -40 Amendment 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. Section A - SP (Revised 12/15/04) Page 18 of 22 A -41 Ozone Advisory (NOT USED an ozone advioory hao been iooued, except for repairo. The City Engineer will notify Contractor about ozone alert. If a delay ouch ao thio io experienced, thc day will not be counted ao a work day and thc Contractor will be compcnoatcd at thc unit pricc indicated in the proposal. 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 Amended Indemnification & Hold Harmless 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. (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 all 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. Section A - SP (Revised 12/15/04) Page 19 of 22 A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) tooting, dioinfcction and linc flushing in an approved manner. Contaminants to comply with thc rcquiremcnto of all regulatory agencieo in the diopooal of all water uocd in thc project. The methodo of diopeaal shall be [submitted to thc City for approval. There [shall be no [separate pay fer diopoaal of highly for diopoaal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any conotruction whatever en thc pr-oj -eet, Centraeter shall excavate and cxpooc all existing pipelinco of thc project that crorn within 20 feet of For cxioting pipclinco which parallel and -are within ten feet (10') of exiting pipclinco at a maximum of 300 feet O.C. and Contractor [shall [survey 300 fcct maximum O.C. indicating the Owner of pipelines ex avatcd and surveyed, as well as the approximate [station thereof, distance to the pa-_t centerline and Contractor [shall perform no conotruction work on the project until all reported to the Engineer and until Contractor receivee Enginecr'o approval of report. Exploratory cxcavationo ohall be paid for on a lump DIM ba io. Any pavement thc catabliohed until pricc of pavement patching. Contractor shall provide 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. Section A - SP (Revised 12/15/04) Page 20 of 22 A -49 Amended "Maintenance 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 Windstorm Certification (NOT USED) The entire new addition, rcroof and structural modifications of thc existing building shall bc inspected during construction by thc projcct structural cnginccr (Wilkerson & Sanders, Inc.) (Ccrtificd Windstorm Inspector) that it complies with thc requirements of thc State Board of Insurance, Engineering projcct structural cnginccr (Wilkerson & Sanders, Inc.) for this certification and include thc coot in thc Total Base Bid. A Form WPI 1 (Inspector Application) shall bc submitted to thc Texas Dcpartmcnt of Insurance prior to commencing construction and a Form WBI 2 BC 5 shall be submitted to thc Texas Dcpartmcnt of Insurance indicating thc certified shall bc provided to thc Owner with thc close out documents. A -51 Amended Prosecution and 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 request 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 : BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET; PROJECT No. 6515 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CHUCK ANASTOS ASSOCIATES, LLC CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 22 of 22 ATTACHMENT 1 PROJECT SIGN Red Bad mend White Badd Blue Background PROJECT NAME Project Address Cfty of Corpus Christi Commun8y Development Block Grant Program of Housing & Urban went �BG Total Project Cost: White Letters Rick Letters Contractor: Architect: Address= Address: White Letters Phone Number: Phone Number: Locate sign where it inmost visible to the pubic. Sign is made from a 4' x 8' sheet of 3/4" plywood. A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 29TH day of SEPTEMBER, 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 SLC Construction, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $83,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT 6515 (TOTAL BASE BID: $83,000.00) 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 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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. City Secretary APPROVED By: AS TOLE Asst. City Attorney or eat, 1165 RODEO DRIVE ion (Address) ARANSAS PASS, TX 78336 (City) (State)(ZIP) 361/758 -8284 * 361/758 -8074 (Phone) (Fax) CITY OF CORPUS CHRISTI By: 027141 Oscar Martinez, Asst. City Mgr. of Public Works and Utilities By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR SLC Construction By: SI,flw.1 Shawn P. H Title: Agreement Page 2 of 2 22 l r a . AUTHORIZED 1Y COUNCIL .. l7 I L- imosaMONIIIIIIMEM100•••■•••■•00 A 4,-L, SECRETARY yin • PROPOSAL FORM F O R BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 5 PROPOSAL Place: Corpus Christi, Texas Date: August 5, 2009 Proposal of SLC CONSTRUCTION, L.L.C. OR a Corporation organized and existing under the laws of the State of Texas 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: BROWNLEE BOULEVARD HANDSOME IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: 00 TOTAL BASE BID (LUMP SUM) : $ 3 000. BROWNLEE BOULEVARD HARSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 PROPOSAL FORM PAGE 2 OF 5 PROPOSAL Place: Corpus Christi, Texas Date: August 5, 2009 Proposal of SLC CONSTRUCTION, L.L.C. OR a Corporation organized and existing under the laws of the State of Texas 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: BROWNLEE BOULEVARD HARD SOME IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to wit: 00 TOTAL BASE BID (LUMP SUM) : $ g 3 000. BROWNLEE BOULEVARD HARSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT NO. 6515 PROPOSAL FORM PAGE 2 OF 5 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. Minority /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 90 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. Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: SLC Construction, Name: Sha P. Harvey L.L.0 By: (., GNA ) Address: 1165 Rod-o Dr. (P.O.. Bo ) (Street) Aransas Pass, Texas 78336 (City) (State) (Zip) Telephone: 361 - 758 -8284 PROPOSAL FORM PAGE 3 OF 5 (Revised August 2000) Bond No. 6654325 PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT SLC Construction, LLC of ARANSAS County, Texas, hereinafter called "Principal ", and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of WASHINGTON , 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 EIGHTY -THREE THOUSAND AND NO/100($83,000.00) 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 29TH of SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT 6515 (TOTAL BASE BID: $83,000.00) 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. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 6th day of October , 20 09 . PRINCIPAL SLC CONSTRUCTION, L.L.C. By: Sara L. Clark, Manager SURETY SAF INSURANC CO r'ANY OF AMERICA ttor Jo An (Pri ey -in -fact Parker #1238909 Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: SWANTER & GORDON INSURANCE Randy Lee P.O. Box 870, 500 N. Shoreline, 12th Floor 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. 6654325 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT SIC Construction, LLC of ARANSAS County, Texas, hereinafter called "Principal ", andSAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of WASHINGTON , 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 EIGHTY -THREE THOUSAND AND NO/100($83,000.00) 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 29TH day SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET PROJECT 6515 (TOTAL BASE BID: $83,000.00) 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, Vernon'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 6th day of October , 20 09 . PRINCIPAL SLC CONSTRUCTION, L.L.C. Sara L. Clark, Manager SURETY SA OF AMERICA ttorn y-in-fact o Ann arker #1238909 Prin Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: SWANTER & GORDON INSURANCE Randy Lee P.O. Box 870, 500 N. Shoreline, 12th Floor Corpus Christi, TX 78403 -0870 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 Liberty Mutual. POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 No. 9197 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does hereby appoint * * * * * * * * * * * * * * *C. W. ADAMS; HARLAN J. BERGER; SHARON CAVANAUGH; MICHAEL COLE; CHERYL R. COLSON;ANDREW J. JANDA; SUE KOHLER; JO ANN PARKER; LELAND L. RAUCH; DONALD E. 11 its true and lawful attomey(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents State of Washington 1 County King ss. ounty o ing On the 21st day of March this 21st day of March Greg Thomas, tant Vice President ACKNOWLEDGEMENT , 2009 2009 , before me personally came Greg Thomas , to me known, who being duly swom, did depose and say that he /she resides in Seattle , that he/she is a Assistant Vice President of SAFECO INSURANCE COMPANY OI R11/y4trd GENERAL INSURANCE COMPANY OF AMERICA, the Corporations described in and which executed thest ve fr» iThpi/'4,at he /she knows the seals of each Corporation; that the seals affixed to said instrument are such ce ota:g;ele i i so affixed by order of the Board of Directors of each Corporation, and that he/ she signed his /her ntineitieb%y like NOTARY (SEAL) _ 2 =mow Oman _ i ms's '0V81.�' z CERTIFICATE 1. �° froomt�h, f SAFECO INSURANCE COMPANY OF AMERICA �''k,G%' .:`120, L INSURANCE COMPANY OF AMERICA "Article V, Section 13. - rty4eurY ICI" BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for1'tfrlI1iptfptla by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. "The power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. "On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I, George W. Crittenden of SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing is a true and correct copy of Article V, Section 13 of the By -Laws of each corporation and of powers of attorney executed pursuant thereto and that both said By -Laws and said Powers of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation My commission expires July 6 ,2011 S- 1274 /SAEF 3/09 this 6th day of October , 2009. George W. Crittenden, Assis ccee President FRP Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at 1- 206 -473 -3799 3 You may call (company)'s toll -free telephone number for information or to make a complaint at: (800) 472 -5357 Surety Option #7 4 You may also write to Safeco Insurance Company at: Safeco Plaza Seattle, WA 98185 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: (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: ConsumerProtection @tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 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. S- 6128 /SA 7/07 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede contactar a servicio de la oficina principal de Safeco Surety al: 1-206-473-3799 Usted puede Ilamar al nOmero de telefono gratis de (company)'s para informaci6n o para someter una queja al: (800) 472 -5357 Surety Opci6n De #7 Usted tambien puede escribir a Safeco Insurance Company Safeco Plaza Seattle, WA 98185 Puede comunicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: (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: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condici6n del documento adjunto. XDP Cart ID 24568 ACORD . CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/6/2009 PRODUCER HUB International Rigg 10777 Wertheimer, Suite Houston TX 77042 -3454 (713) 978 -6668 300 (713) 366 -3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SLC Construction, LLC P 0 Box 639 Conroe TX 77305 1 REPRESENTATIVES. GENERAL X INSURER A: Valley Forge Insurance Co. 20508 INSURER B: Continental Casualty Company 20443 INSURER C: Travelers Lloyds Ins. Co. 41262 INSURER D: $ 100,000 INSURER E: CLAIMS MADE X OCCUR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY (MMMIDDIYY)N LIMITS A REPRESENTATIVES. GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 2093217769 5/15/2009 5/15/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO REN i ED PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X r LOC PRODUCTS - COMP/OP AGG $ 2,000,000 On -mite Pollution 1,000,000 B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2093217738 5/15/2009 5J15/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSIUMBRELLA °IOCCUR X LIABILITY CLAIMS MADE DEDUCTIBLE RETENTION $ 10,000 2093217741 5/15/2009 5/15/2010 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 2093217755 5/15/2009 5/15/2010 X TORY OTH TORY LIMBS ER_ E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Name: #6515 Brownlee Blvd. Hardecape Impr. from Hancock St. to Morrie St. The City of Corpus Christi is named as additional insured on general liability and auto liability policies. CANCELLATION ACORD 25 (2001/08) Page 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Corpus Christi Department of Engineering Services NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Contract Administrator IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 9277 REPRESENTATIVES. Corpus Christi TX 78469 -9277 AUTHORIZED REPRESENTATIVE 40111,11ri ri. I ACORD 25 (2001/08) Page 1 of 2 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. 10/6/2009 ACORD 25 (2001108) Page 2 of 2 40020003620932177381750 ................ mama POLICY NUMBER: 2093217738 COMMERCIAL AUTO CA04030604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05I15 /2009 Countersigned By: Named Insured: SLC Construction, LLC (Authorized Representative) SCHEDULE Name and Address of Additional Insured: "WHERE REQUIRED BY WRITTEN CONTRACT" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule. or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 IRIEM MEE MOE = POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -B INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE TX 77305 A;;.t.:A>ra. iLt:. =.npS . ,. ......v.; { ^>:F:Ri.::.::::.:::i: ?f This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. G- 140331 -B (Ed. 1 /09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contract /agreement per Paragraph A. below.) Location(s) of Covered Operations (As per the written contract /agreement, provided the location is with in the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s), including any person or organization shown in the Schedule above, whom you are required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided: a. The written contract or written agreement was executed prior to: 1. The "bodily injury" or "property damage "; or 2. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part; and Chairman of the Board G- 56015 -B (ED. 11 /91) Aril:: -"9'VORWWWWMKWIRKWINOMM4MMNOWNWONSIONWIRINSONIO POLICY NUMBER INSURED NAME AND ADDRESS U 2093217769 SLC CONSTRUCTION, LLC P.O. BOX 639 PPROMPNRIMENENEWIERtitaigaglatiraftninggnainnaggitiniMitigni POLICY CHANGES G-140331-B This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. b. The written contract or written agreement pertains to your ongoing operations or "your work" for the additional insured(s). tte4rw.ii Its4.944.4z Chairman of the Board G-56015-B (ED. 11/91) P7avetary MEE Imo MEN arm AWE POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -B :c'AS�Y Wiiv k Y:S .�3C : h»+ INSURED NAME AND ADDRE �w FSi S SLC CONSTRUCTION, LLC P.O. BOX 639 C ONROE,N �TX �, 77 305 L T 4+ at 3: a:•iF;r .;*,: >"4 'Y f t: +,h{;+.: This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage ", or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) or c. "Your work" that is included in the "products - completed operations hazard" and performed for the additional insured, but only if this Coverage Part provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. 2. However, we coverage or those: a. Required will not provide the additional insured any broader any higher limit of insurance than the least of by the written contract or written agreement; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this insurance will be primary relative to insurance which covers the additional insured as a named insured. We will not require contribution from such insurance if the written contract or written agreement also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, Chairman of the Board G- 56015 -B (ED. 11/91) 58oretary MEM mism Ers EMEN POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -B WAVNNZ INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE4 77305 .::30'..; ..'k .;�'rv. This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. whichever occurs first. 4e ,C 144..•. Chairman of the Board G- 56015 -B (ED. 11/91) P7,:maq • tt� mmwm Emma MIMS BEEM EBBS nom WNWa:Y(:'f:iii�:i.:i.;i POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -8 'dE x< ...t..:.,. ; r,,,a..`:'}..r+r.,it.: +,'oa:'t'£:E'`.'`oo < *.,r.E9: +.:. �., v',y + +, « *,♦. +:7; «!:ixw:>4 +:.: INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE, TX 77305 J21111111: 11111 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury6 arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit ". We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit ". Chairman of the Board G- 56015 -B (ED. 11/91) Seeretary a::'i ; is�'..;: r, �: !.;�i >:x " +x:x. =:« <;:i:i!.Fx:tFt rry::' +u��::� ; hi:' i,. z '* # °s: *+sF.`z+;W3#a.+.:�n�+�,'u aA' i S+ +.#!H !#A*. +n: +n..i.: POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -8 F3i:�ijifw .:::FF�.}'g�5i�r' :'ffi.%2 byy}',.):E}'ht. +i +,'t"t}m.. ...°.'' #...t:, :A +v v9;;'{SVb.r.4 . 'i�'v t'}:�v:w.y'.:V:n 4.:� +�yti > a:;.? a;::<: 4i.: �taa; �: �'.+h xfi:' �i: :i «tv�,,i +�F +t «a:svt:.�,'. ,r«, INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE TX 77305 :+.'4,'.,.'fy'.«'+,. ":', n:''* �x*,::+ �.:+:.'$'+3 isi�S ?�iiy':�:�i. >.a:i�'t {: +;E: a.1LSS.x.....w:o_a.55,. This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non - contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. G- 140331 -B (Ed. 01/09) r � • tom.. ENE MEE MEE = Chairman of the Board G- 56015 -B (ED. 11/91) j ecrSetary 00200013920932177696808 POLICY NUMBER: 2093217769 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE. LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: AS PER SCHEDULE ON FILE WITH COMPANY Address: 3. Number of days advance notice:o30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 0512 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 40020003820932177381759 MEW ISM POLICY NUMBER: 2093217738 COMMERCIAL AUTO CA02440604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective: on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05/15/2009 Countersigned By: Named Insured: SLC Construction, LLC SCHEDULE (Authorized Representative) Number of Days' Notice3o Name Of Person Or Organizations PER SCHEDULE ON FILE WITH COMPANY Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice indicated in the Schedule. CA 02 44 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 06/22/2009 03:43 PM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 420601 (Ed 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3 A of the Information Page In the event of cancellation or other matenal change of the policy, we will mail advance notice to the person or organization named in the Schedule The number of days advance notice is shown in the Schedule This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule 1 Number of days advance notice 30 2 Notice will be mailed to AS PER SCHEDULE ON FILE WITH COMPANY This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwrse stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy ) Endorsement Effective 05/15/2009 Policy No 2093217755 Endorsement No insured SLC Construction, LLC Premium $ Insurance Company Countersigned by. WC420601 (Ed 7-84) CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM: SLC CONSTRUCTION, L.L.C. STREET:1 1 6 5 Rodeo Dr . FIRM is: 1. Corporation 5. Other L . L . C . 2. Partnership CITY: Aransas Pass TX ZIP: 78336 3. Sole Owner 4. Association 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 (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title N/A 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 N / A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name N/A 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: Sara L. Clark (Type or Print) Signature of Certifying Person: Title: PROPOSAL FORM PAGE 4 OF 5 Manager ate: August 5, 2009 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. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreerhents. 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. PROPOSAL FORM PAGE 5 OF 5 Cert tD 24568 ACORD,„, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/6/2009 PRODUCER HUB International Rigg 10777 Weatheimer, Suite Houston TX 77042 -3454 (713) 978 -6668 300 (713) 366 -3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SLC Construction, LLC Y P 0 Box 639 Conroe TX 77305 I GENERAL INSURER A: Valley Forge Insurance Co. 20508 INSURER B: Continental Casualty Company 20443 INSURER C: Travelers Lloyds Inc. Co. 41262 INSURER 0: PREMISES TO RENTED _ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM. LTR NSRD TYPE OFJNSURQNCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYY POLICY EXPIRATION DATE (MMIDDIYYI LIMITS A GENERAL LIABILITY ✓/ COMMERCIAL GENERAL LIABILITY 2093217769 5/15/2009 5/15/2010 / V EACH OCCURRENCE $ 1,000,000 X PREMISES TO RENTED $ 100,000 CLAIMS MADE I X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ /' 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1--31 ICT n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 7 oa -aite Pollution 1,000,000 B AUTOMOBILE LIABILITY / ANY AUTO ,I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2093217738 5/15/2009 5/15/2010 t/ COMBINED SINGLE LIMIT (Ea accident) / $ ✓ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B / EXCESSIUMBRELLA LIABILITY y 2093217741 5/15/2009 5/15/2010 / d EACH OCCURRENCE $ e% 1,000,000 X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 70,000 AGGREGATE $ 1,000,000 $ $ X $ A KERS COMPENSATION AND WORKERS EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUT1VE OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 2093217755 5/15/2009 5/15/2010 C STATU- OTH- X TORY LIMITS I I ER E . EACH ACCIDENT $ ,1,000,000 $ / 1,000,000 E . DISEASE EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS !VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Project Name: *6515 Brownlee Blvd. Hardacape Impr. from Hancock St. to Morris St. The City of Corpus Christi is named as additional insured on general liability and auto liability policies. CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator ✓ PO Box 9277 Corpus Christi TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE )e EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 /DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) Page 1 of 2 O ACORD CORPORA 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. 10/6/2009 ACORD 25 (2001108) Page 2 of 2 :ji1 t:, }tip "i:t'i::� , :..} 1J ii,.4 . "f.it.4 *Yl.:.y� 5 .... .. } 4 A .+f°; b Jt4F¢t C'' +# y1�`:�.40 t ✓3: k f Y: . l.0'3' 4'�i: Y^t '044'44 'iJ Y ht' 9. 0 '. f ,.,.f . ilt ;> a - y + «a ,,t,., ti -N0'1.4=4-040 .,2a . v+.E y 4«:kfJt € #? + +° »t POLICY NUMBER INSURED NAME AND ADDRESS U 2093217769 SLC CONSTRUCTION, LLC P.O. BOX 639 111 IF *77 If POLICY CHANGES G- 140331 -B CONROE TX 77305 XiMo kf }.di to This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. whichever occurs first. Chairman of the Board G- 56015 -B (ED. 11 /91) Secretary 41 if AdIkkan POLICY NUMBER U 2093217769 • • NIMMI MEM 5� MOM POLICY CHANGES G- 140331 -8 INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE. TX 77305 '4. t Y42�Y>ii L�rrY >. W"`� This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injuryO arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit ". We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit ". Chairman of the Board G- 56015 -B (ED. 11/91) P.1;;;reialy s# t stf t ti >s POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -8 MEE mom s_. N EE WIN E SE INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROEL Zt �fiW ::v':t.`4:�ai;��..�^,Fx'srv� twriumwrzhw This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non - contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. G- 140331 -B (Ed. 01/09) Chairman of the Board G- 56015 -B (ED. 11/91) Secretary .fi POLICY NUMBER U 2093217769 Min ttttttttte inhowirestic MEM POLICY CHANGES G- 140331 -B 4441.14U444 :.. srw 4: :.[.? INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE TX 77305 v.A .A'a4 �h, r.. a:si.a yr xa... This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. G- 140331 -B (Ed. 1/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: v COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contract /agreement per Paragraph A. below.) Location(s) of Covered Operations (As per the written contract /agreement, provided the location is with in the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s), including any person or organization shown in the Schedule above, whom you are required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided: a. The written contract or written agreement was executed prior to 1. The "bodily injury" or "property damage "; or 2. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part; and MEIN ti �in ^ vvv {WCRy�a Chairmaan of the Board G- 56015 -B (ED. 11/91) altiLS.Teretary st t ty POLICY NUMBER U 2093217769 POLICY CHANGES G- 140331 -8 V -. �v } -e�r +.E x,;�' e,t't�.�a� '6t -� Ft.`� Pt a, Ma . x t31« _�Ey �.t:: ..« .r.....!! ,:;»« F:,�abY'.�.s�F .+ ».kAAtk"''r;,x� i'k«. ;. .:.cLtS `«w.y<+:.. ». e INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE TX 77305 9i6�tti; ?y�ii <!;i�:'3t +>� :i..0 F.. t.ht.: F i � e a„♦< +:. a.- N - zx 4 . p'fa3:i:� -� e of c R:« ;:+: *,yi'.:''� .iw'<'. 1111.i.$ . +• •11111* This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. b. The written contract or written agreement pertains to your ongoing operations or "your work" for the additional insured(s). tt>® Eme NOMi BINE Chairman of the Board G- 56015 -B (ED. 11/91) P4Zretasy POLICY NUMBER U 2093217769 11 t} h k544lW POLICY CHANGES G- 140331 -8 ,t: Lot a ata '.r fa -OM 4M t efxk n ONh. INSURED NAME AND ADDRESS SLC CONSTRUCTION, LLC P.O. BOX 639 CONROE TX 77305 .a In i'!iYn A. This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage ", or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) or c. "Your work" that is included in the "products- completed operations hazard" and performed for the additional insured, but only if this Coverage Part provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. 2. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least of those: a. Required by the written contract or written agreement; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this insurance will be primary relative to insurance which covers the additional insured as a named insured. We will not require contribution from such insurance if the written contract or written agreement also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, Chairman of the Board G- 56015 -B (ED. 11/91) alrA%-e;retary is 11: POLICY NUMBER: 2093217738 COMMERCIAL AUTO CA 04 0306 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: , BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05/15/2009 Countersigned By: >la % ' " t(A� (Autfrorized Representative) Named Insured: SLC Construction, LLC " SCHEDULE Name and Address of Additional Insured: "WHERE REQUIRED By WRITTEN CONTRACT" (If no entry appears above, information required to complete thls endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who is An Insured (Section I1) is amended to include as an "insured" the person(s) or organization(s) shown In the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is- afforded under thls policy. B. The additional insured named In the Schedule or Declarations is not required to pay for any premiums stated In the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named In the Schedule or Declarations In all matters pertaining to this insurance. D. We will mail the .additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days_ notice to the additional insured. E. The additional . insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 0604 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: 2093217769 � ` COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES ® AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATION4IABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGEPART In the event of cancellation or materiel - change that reduces or restricts -the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: AS PER SCHEDULE ON FILE WITH COMPANY 2. Address: 3. Number of days advance notice:o 3 0 ` J. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 Coy 641-1105-.1cs• �`i -kph •t zeal S2lkfahV Copyright, ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: 2093217738 V COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception dale of the policy unless another date is indicated below. Endorsement Effective: 05/15/2009 Countersigned By: 4� `' / l `� J29 —L- -- (Authorized Representative) Named Insured: SI,C Construction, 1 LC SCHEDULE Number of Days' Notice3 o Name Of Person Or OrgantzationAs PER SCHEDULE ON FILE: STITH COMPANY Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named In the Schedule. We will give the number of days' notice indicated In the Schedule. CA 02 44 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 0612212009 03:43 PM WORKERS COMPENSATION AND EMPLOYERS LIABIUTY INSURANCE POLICY WC 420601 (Ed 7,84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3 A of the Information Page In the event of cancellation or other matenat change of the policy, we will mail advance notice to the person or organization named in the Schedule The number of days advance nonce is shown in the Schedule This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule Schedule 1 Number of days advance notice 30 2 Notice will be mailed to AS PER SCHEDULE ON FILE WITH COMPANY This endorsement changes the policy to vet tch it is attached and Is effective on the date issued unless otherwise elated (The information below is required only when this endorsement is issued subsequent to preparallon of the poiwy Endorsement Ellactive 05/15/2009 Pohoy No 209321 7755 Endorsement No insured SLC Construction, Insurance Company WC420801 (Ed 7-84) 17 Premiurrj$ Countersigned tom. -