Loading...
HomeMy WebLinkAboutC2010-219 - 6/8/2010 - ApprovedRelmco S P E C I A L P R O V I S I O __ S P E C I F I CAT ION S A N D F O R M S O F C O N T R A C T S & B O N D S F O R 2010 -219 M2010 -130 06/08/10 HOPKINS ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NO . 2043 ER FOR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857 -1880 Fax: 361/857 -1889 March, 2010 URBAN ENGINEERING Firm No. 145 2725 Swantner Corpus Christi, Texas 78466 -6355 (361) 854 -3101 FAX (361) 854-6001 U.E.JOB NO. 41807.00.00 PROJECT NO: 2043 IDRAWING NO: STO -546 0 GS beose000eangp leoogaoorp �*���: Tj MI RRAY F. 3 l� 3�'O oev ®oaoo60oeo90e+oeeonaeo oanr.urst.aa..-'• °off 781Ei (devised 7/5/00) HOPKINS LOAD DRAINAGE IMPROVEMENTS Project No. 2043 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -- B (Revised 8/2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities 1 SECTION A SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal /Salvage of Materials 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Rccfxircd (Revised 7/5/00) (NOT USED) A -24 Surety Bonds A-25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements _ - (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -3B Worker's Compensation Coverage for Building or Construction Projects for (NOT USED) Government Entities A-40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) (Revised 7/5/00) HOPKI S ROPED DRAINAGE IMPROVEMENTS Project No. 2043 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 8/2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials J 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -2C Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (devised 7/5/00) (NOT USED) A -24 Surety Bonds A 26 Sa1cc Tan Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A 27 Rccponcibility for Damage C1aimc (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSE STATEMENT PERFORMANCE BOND PAYMENT TON • 1 IC T ID E NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: HOPKINS ROAD DRAINAGE IMPROVEMENTS, PROJECT NO. 2043 consists of sitework and demolition, utility adjustment, excavation and backfilling, dewatering, concrete structures, 88LF of 9'x5' concrete box culvert, 112 LF of 6'x4' concrete box culvert, 105 LF of 5'x41 concrete box culvert, 376 LF of 60" RCP /HDPE, 58 LF of 42" RCP /HDPE,-existing ditch excavation and cleaning, traffic control and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, April 28, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday, April 21, 2010 beginning at 10:00 a.m. The pre -bid meeting will convene at Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5'6 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 5p 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, P.E. Director of Engrg. Services /5/ Revised 7 /5/00 Armando Chapa City Secretary TICE TO C • (0; T e-4 41. sm, NOS' I CR TO CO T E. A CTORS - A NTS INSURANCE REQUI � I � a-pk Revised March, 2009 C , A Certificate of Insurance indicating proof of coverage in the ;following amounts is required: TYRE 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 El REQUIRED X NOT REQUIRED Page 1 of 2 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 IC TO C • T NOTICE TO CO r WORIMR o S COMP NS REQUI TR CTOI \S B TION INSURANCE ME TS A A � A TITLE 23 PART 2 CHAPTER 110 SU it ClIAPTER RULE §l10.H10 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION • REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting R quilrements for it: waling or CorIlslnnnelkionn Projects for Government .} 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 b -weeri 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 1 1 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the 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; (8) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whore it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following 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 all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of 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 person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 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 (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised forbid by a governmental entity on or after September 1, 1 994. 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 6675c, 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 meet 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 only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE." "The law requires that each person working on this site or providing services related to this construction protect 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 i 28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A cony of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC -81; TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work an 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 perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. P. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown an the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 verb coverage and report lack of coverage. 1. 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 frond 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 cert f cate 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 vroiect 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 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 SECTION N 1 s SECTION A - SPECIATL 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, April 28, 2010. Proposals mailed should be addressed in the following manner: City Secretary's Office City Sccrcta.ry',a Offico City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - HOPEINS ROAD DRAINAGE IMPROVEMENTS PROTECT NO. 2043. 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, U.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 , April 21, 2010 , beginning at 10:00 an . 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 This project consists of sitework and demolition, utility adjustment, excavation and backfilling, dewatering, concrete structures, 88LF of 9'x5' concrete box culvert, 112 LF of 6'x4' concrete box culvert, 105 LF of 5'x4' concrete box culvert, 376 LF of 60" RCP /HDPE, 58 LF of 42" RCP /HDPE, existing ditch excavation and cleaning, traffic control and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid 2. Total Base Bid plus Alternative No. 1 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Explanation of Measurement and Payment 1. Regrade and Reshape Existing Ditch: This item shall be measured by cubic yard (CY) of material excavated from its original position as determined by average end area calculations. Section A - SP (Revised 9/18/00) Page 1 of 26 2. Clean Existing Ditch: This item shall be measured by linear foot (LF) of ditch cleaned. 3. Pavement Repair:. This item shall be measured by the square yard (SY) and shall include asphaltic concrete pavement. Base subgrade is subsidiary to other bid items. 4. Adjust Existing Utilities Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Actual payment shall be negotiated for each circumstance and must be approved by the Engineer. 5. Excavation and Backfill for Utilities and Sewers: This item shall not be measured for payment, but is subsidiary to other bid items. 6. Channel Excavation: This item shall not be measured items. 7. Embankment: This item shall not be measured items. for payment, but is subsidiary to other bid for payment, but is subsidiary to other bid 8. Select Material: This item shall not be measured for payment, but items. 9. Asphalts, Oils and Emulsions: This item shall not be measured contract items. is subsidiary to other bid for payment, but is subsidiary to applicable 10. Prime Coat: This item shall not be measured for payment, but is subsidiary to other bid items. 11. Traffic Control: Traffic Control shall be bid as a Lump Sum (LS) item for the Base Bid. This item shall include, but is not limited to, all personnel, equipment, and materials needed to provide proper traffic control. 12. Portland Cement Concrete: This, item shall not be measured items. 13. Reinforcing Steel: This item shall not be measured items. 14. Concrete Structures: This item shall not be measured items. for payment, but is subsidiary to other bid for payment, but is subsidiary to other bid for payment, but is subsidiary to other bid 15. Items Not Listed On The Proposal: Items of work not listed on the Proposal form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be -no separate payment. Their cost should be included in the appropriate bid item. Section A - SP (Revised 9 /18/00) Page 2 of 26 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 Hopkins Road Drainage Improvements City Proiect No. 2043 as identified in the Proposal). (A Cashiers 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 120 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. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3.Days This project is essentially a construction contract for a period of 120 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. 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, $300 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 from the monthly pay estimate. 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 Section A. - SP (Revised 9/18/00) Page 3 of 26 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. 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 -B 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 shall apply. 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 Section C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified 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 (12) 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 System at 1- 800 -344 -8377, the Lone Star Notification Company at 1- 800- 669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. Section A - Sp (Revised 9/18/00) Page 4 of 26 City Engineer Project Engineer, Urban Engineering- Murray Hudson Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC / A T & T Signal /Fiber Optic Locate Cablevision. ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 -3500 854 -3101 826 -3540 882 -1911 826 -1880 826 -1818 885 -6900 826 -1881 826 -3461 826 -1970 299 -4833 881 -2511 857 -1946 857 -5000 887 -9200 225/214 -1169 881 -5767 512/935 -0958 972/753 -4355 (826 -3140 after hours) (826-3140 after hours) (885 -6900 after hours) (826 -3140 after hours) (361/693 -9444 after hours) (1- 800 - 824 - 4424, after hours) 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624 (225/229 -3202 (M) (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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. Section A - SP (Revised 9/18/00) Page 5 of 26 The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A --1 eests for traffic control arc connidcrcd ❑ubaidiary; therefore, no direct 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 top soil. "Clean" dirt Top soil 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) The Contraeter must furnish the City Engineer or his representative with a field Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction, The Contractor shall submit to the City Engineer a work plan based only on working 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. Section A - SP (Revised 9/18/00) Page 6 of 26 The plan must also 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 for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion" and as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. 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 will furnish all lines, slopes and measurements 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. Section A - SP (Revised 9/18/00) Page 7 of 26 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 Surveyor (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. A -20 'Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. 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. SCHEDULE OF TESTING BY THE CITY: 1. Soils Standard Proctor - Trench Backfill Standard Proctor - Subgrade Densities - Trench Backfill Densities - Subgrade (Street) Densities - Subgrade (Driveways) Per Material Source Per Street Per 200 LF Trench Per 325 SY Per 2 Driveways 3. Flexible Base Sieve Analysis Per Atterburg Limits Per Modified Proctor Per L. A. Abrasion Per CBR (Standard) Per Densities of Compacted Base (Street /Pvmt. Repair) Per Densities of Compacted Base (C &G) Per Wet Ball Mill Test Per Triaxial Test Per 4. Hot -Mix Asphalt Concrete (HMAC):St. /Utility Trench) Extraction, Sieve Analysis Lab Density & Stability Theoretical Density (Rice Method) Temperature - During Lay -Down Thickness - In Place (Core) % Air Voids - In Place (Core) %S Theoretical Density - In Place (Core) 5. Concrete (Unconfined Compression, 7,14,& 28 Day) Curb & Gutter Sidewalks and Curb Ramps Driveways Curb, Post, Grate Inlets & M.H. Risers Headwalls Storm Sewer /San Sewer /Water Manholes (Cast -in- Place) Rip -Rap, Aprons & S.E T s Manhole Base /Footing 3000 CY 3000 CY 3000 CY 3000 CY Material Source 325 CY 200 LF C &G Material Source Material Source Per 500 Tons or Day Per 500 Tons or Day Per 500 Tons or Day Continuous as Needed Per 1000 LF Street Per 1000 LF Street Per 1000 LF Street Per Per Per Per Per Per Per Per 500 LF C &G 4000 SF 2500 SF 6 Each Each 2 Each 4000 SF 10 Each SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Section A - SP (Revised 9/18/00) Page 8 of 26 Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract. Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs The Contractor must furnish and install 2 Project signs . as indicated on Attachment No. 1. 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. 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. Section A - SP (Revised 9/18/00) Page 9 of 26 (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 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 percent -age 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. Section A - SP (Revised 9/18/00) Page 10 of 26 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) (NOT USED) Inopcction Divioion at the variouo intervald of. work for which a permit is equired and to assure a final inopcction after the building . is completed and ready for occupancy. Contractor muot obtain- the Certificate of Occupancy, when applicable. Ccction B 6 2 of the Ccncral Provisions io hereby amended in that the Contractor must pay all ccco and charge° levied by the City'° Building Inapcction Department, and all other City- -fe�U, _i - nom.. wastewater meter fccs and tap fcco as required by City. 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 (NOT USED) Ccction B G 22, Tax Exemption Provioion, is deleted in.itc entirety and tho .. following oubotitutcd in lieu thereof. not qualify for cxemptionc of sale°, Excioc, and Use Taxco unleoo the Contractor 3, Tax Adminiotration of T- tle - -34, Public France of the Tcxao Adminiotrativc Code, or ouch other rulca or regulations an may be promulgated by the Comptroller of Public. Account° of Tcxao. Section A - SP (Revised 9/18/00) Page 11 of 26 1. Obtain the aeccaoary aalea tax permits fwem the State Comptroller. into the Project. 3. Provide rcaalc ccrtificatco to supplicra. ""nRrC'GL .GAiA 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 Section A - SP (Revised 9/18/00) Page 12 of 26 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. A -27 Responsibility for Damage Claims (NOT USED) Paragraph (a) General Liability of Section B -6 11 of he Ccncral Provisiono io amended to include: Contractor muot provide Profonoional Pollution Liabilit /Environmental the date the City finally acccpto the Project ex work. Contractor must pay all costa ncccooary to procure ouch inourancc coverage, including any deductible. The City muot be named additional inourcd on any policico provi -ding such incurancc coverage. 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 the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. Section A - SP (Revised 9/18/00) Page 13 of 26 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman 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 9/18/00) Page 14 of 26 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 Extra 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 9/18/00) Page 15 of 26 A -35 City Water Facilities: Special Requirements (NOT USED) any City water facility,. For lricntation Program will ----;e additional information. refer Department. C. Protection of Water Quality times. The Contracter shall proteet the quality of the -water in the job protect the quality of the water. D. Conformity with ZNCI /NSF Standard 61 All materials transportation, reinstallation, and inspection of pumpo, or any other and equipment used in the , prior to use. contact with potable water. and individual employee identification. Section A - SP (Revised 9/18/00) Page 16 of 26 C. Contractor ohall provide tcicphonco f r Contractor peroonncl. Plant t lephone° arc not available for Contractor use- H. Working houro will be 7 :00 A.M. to 5:00 P.m., Monday thru Friday. providc own oanitary facilitico. J, Gontractor vchicico must bc parked at dcoignatcd , by City Watcr Dcpartmcnt Staff. All Contractor vchicico muot be clearly labeled with company name. No private.empleyec vchicico arc allowed at 0. for required work er ao dircctcd by City Water Dcpartmcnt peroonncl g ACQUISITION) dctcrmincd by mooting the qualifications 1 thru 9 bclow. Thin work - - -, ocicctions, €urniohing, inotalling, connecting, - programming, customizing, dcbugging, olibrating, or placing in operation all hardware and/or ZZ Thc Contractor or hies oubcontractor propooing to perform the SC2'DA work muot bc able to dcmonstratc thc following: 3. . control ayotcm buainca o, preferably ao applied to thc municipal watcr and waotcwatcr industry. 2. Hc hao performed work on oyotemo of eempctrable Oise, type, and complexity ao requircd in thio Contract on at 1 art three prior projccts. 3. Hc hao been actively engaged in thc typo of work opecificd hcrcin for at lcaot 5 yca.rs. Enginccr, or an Elcctrical Engineer to aupervioc or perform the wore required by thin opccificationa. for thc Contract. b. He maintaincs a ncrmancnt, fully ❑tat£ed and crntirsnrr7 nrrvice calibratc, and program thc oyotcm3 apccified herein. one manufacturer. thc new work for thin Project. 9. Thc Contractor ohall producc all fillcd out programming blocks required to chow the programming ao needed and required, to add thcoc two oyatcma to thc cxioting City SCADA oyatcm. Attached io an example of thc required programming blocko which the City •changco made during the programming phaoc. Thc attached oheet io an example and io not intended to mow all of thc requircd sheets. Thc Contractor will providc all programming blocko uocd. Section A - SP (Revised 9/18/00) Page 17 of 26 L. Trenching Rcquircmcnto on the project. 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. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. 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. 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. 1 .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. g. Section A - SP (Revised 9/18/00) Page 16 of 26 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" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Government Entities The requirements of "Notice this Special Provision. Coverage for Building or Construction Projects for to Contractors 'B'" are incorporated by reference in A -39 Certificate of Occupancy and Final Acceptance (Not Used) The icouancc of a ccrtxficate of occupancy for improvcmcnto doco not conctituto 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. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compcnoatcd at thc unit price indicated in thc propooal. 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 Section A - SP (Revised 9/18/00) Page 19 of 26 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) (2) (3) (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. Horizontal and vertical dimensions due to substitutions /field changes. Changco in equipmcnt and dimenoiefto duc to sibctitutione . A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall "pot-hole" or excavate and expose all existing utilities of the project that cross the proposed box culverts or grate inlets and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting box culverts. For existing utilities which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Section A - SP (Revised 9/18/00) Page 20 of 26 Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of utilities excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing utilities. Contractor shall perform no construction work until all exploratory excavations have been made in the area of the Phase being started, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be subsidiary to other items in the proposal. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. 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 AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 .Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", 3- 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 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A -51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. Section A - SP (Revised 9 /18 /00) Page 21 of 26 2. On -Site Stockpiles: Excess material from excavation, whether non- contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff„ and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non - Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A -52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless-of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of'costs incurred in connection with the damage. Section A - SP {Revised 9/18/00) Page 22 of 26 All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A -56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A -57 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 requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Section A - SP (Revised 9/18/00) Page 23 of 26 Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A -60 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owners facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. See also: Section T1 -E20 of the Technical. Specifications, Storm Water Pollution Prevention. A -61 Dewatering This item is considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and /or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, _ -- - - • . Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857 -1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 9/18/00) Page 24 of 26 A -62 Additional Time of Completion /Liquidated Damages Information Related to Completion of Project The Contractor is hereby notified that time is of the essence on this project. Currently, the City is in the process of starting and completing other projects related to the storm water drainage system related to this project (status will be provided at the Pre -Bid Meeting). These other projects provide for connection of this project to the outfall into the bay. As noted in Section A -6, the working time for completion of the project shall be in 120 Calendar Days. The Contractor shall not make tie -ins to existing boxes, pipes, inlets, manholes, etc. until downstream segments by others are completed and the system ready for service. In the event that the other projects have not been completed prior to the Contractor completing installation of all segments of this project, then the Contractor shall place construction operations on hold until said downstream system has been completed. Calendar days will not be counted against the completion date while construction is on hold due to downstream segment completion by others. Once the Contractor has been notified that downstream system has been completed, and that construction shall commence again, the Contractor shall re- mobilize within 5 working days (not counted against the completion date limit) at no additional cost to the City. The Contractor shall then proceed to complete the remainder of the utility work in a timely manner, within the remaining allotted calendar days. The Contractor shall have no claim for delay compensation. Section A - SP (Revised 9/18/00) Page 25 of 26 PROJECT: OWNER: ENGINEER: CONTRACTOR: SUBMITTAL, TRANSMITTAL FORM HOPKINS ROAD DRAINAGE IMPROVEMENTS, PROJECT NO. 2043 City of Corpus Christi Urban Engineering SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/00) Page 26 of 26 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of JUNE, 2010, 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 Relmco, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $500 702.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 (TOTAL BASE BID A &B + ADD.ALT. #2: $500,702.00) 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. BID ITEM QTI & UNIT A. DRAINAGE xhROVEMENTS A -1 88 LF A -2 112 LF CivuiNttNIMI PAGE 04/12 HOPRINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO, 2043 BASE BID i22 DESCRIPTION Iv v UNIT PRICE BID ITEM EXTENSION NI RES (QTY & UNIT PRICE IN FIGURES) 9'X5' Concrete box Culvert, complete in place per LF Z`1 O C) $ 279610. vc7 6'X9' Concrete box Culvert, complete in place per LF A -3 105 LF 5'X4' Concrete box Culvert, complete in. place per LF A -4 376 LF 190. '"a 217 Bo, rya $ 17 2.-5:c:)0 60" RCP, complete in place per LF A -5 58 LE 42" RCP, complete in place per A -6 2 EA A -7 1 EA A -8 EA. L12.cio 77.00 Concrete Headwall SW -0 (9'x5' Box), complete in place per EA 3 %17 CO $ '7a®O. Concrete Headwall SW -0 (61x4' Box) , complete in place per. EA Z9oo. Concrete Headwall B -FW -0 (2 -5'x4' Box), complete in place pez EA A -9 EA A -10 A -11 A -12 A -13 A -14 Concrete Headwall PW (6'x4' Box) , conplete in place per EA 1 Concrete Headwall PW (2 -5'x4' EA Box) , complete in place per EA 2 EA 1. EA 2 EA $ $ $ c9f2e). Concrete Beadwal..l SET? -Pt) (2 -60" Pipe), complete in place per EA S r7 Roo- ' Concrete Headwall SETP -PD (42" Pipe), complete in place per EA Concrete Headwall CH-PW-0 (2-60" Pipe) , complete in 12.ce ez EA Woo' 64/oo."9 61g°0 777 Concrete RIPRAP, complete in SF place pex SF REVISION 2 PRORO$AL FORK PAGt 3 OF 11 3E/9. -co ADDENDUM NO.3 Attachment No. X Page 3 of 11 04/ sCl, LbJu eld: ab x rr BID QTY ITEM UNIT 82b3882 ENGINEERING HOPKIN$ ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 BASE BID A -15 2,270 CY A -16 2.90 AC IIz DESCRIPTION Iv UNIT PRICE IN FIGURES v PAGE 05/12 Regrade a.nd Reshape Existing Ditch. ( Channel Excavation), complete in place per CY BID ITEM EXTENSION (OTT s UNIT PRICE IN FIGUP.E$) s ig &o, co Seed and Fertilize Ditch, complete in place per AC A -17 9,635 SY /boo Flexible Channel Liner, complete in place per SY A -1S 739 LF �o !0 s 46 7v. ar? $ 10 99 s.5o Trench SAfety, complete in, place pe.;: LC A -19 1,410 LF A-20 653 Sy Clean Ex._sti.ng Ditch, complete in place per LF Pavement Repair, complete in place pe:! SY f : op $ z-14 ,TIA coo $ c6 -_ c' $ !. VY.57 SUBTOTAL PART A (Items Al - A20) P nQ B. ADJUSTMENT 1 LS Adjust E: :isting Utilities A11owancn (MANDATORY A+LLOWANCE), complete in place per IS $25,000 $25,000.00 B--2 H-4 Ls 1, 133 LF 1 LS Traffic Control, complete in place per LS 70t2 $ sob Silt Fence, complete in place per LF .c"Co 067 Mobilization, Insurance and Bonds, complete in place per LS B -5 1260 LF oc%J, $ 2:4117 011152 -- / B" c -900 Water Line, complete in place per LF B -6 4 EA 4, 00 $ 57 gto. Fire Hydrants Assembly, complete in place per EA B -7 150 LF 7oocz92 $ Z ,boo. tv 8" Ductile Iron Water Line Pipe and Fittings complete in plane per LF C5 REVISION 2 FRgposAL FORM PAGE 1 OF 17. ADDENDUM NO. 3 Attachineut No. 1 Page 4 of 11. a4r dur �nli ub: bb b2b.3802 ENGINEERING PAGE 06/12 I TI BID ITEM QTY & UNIT B -8 19 EA HOPKCINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 BABE BID III DESCRIPTION IV UNIT PRICE BrIFFOREF 45° Ductile Iron Bends, complete in place per EA B -9 B -10 4 EA 9 EA 8" Gate Iralve and Box, complete in place per EA Tie to Existing Water Line, Complete in place per EA v BID ITEM EXTENSION (QTY & UNIT PRIG IN FIGURES) $ /q,F5t. SUBTOTAL PART B $ ' ! j 25711 -. cv (Items B1 - B10) NOTE: The above unit pricq.s must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to incrraase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some oases, and may vary from the final quantities. Do not order material based on these approximate quantities. REVISION 2 PROTOSAL PORM PAGE 5 OF 11 ADDENDUM NO. 3 Attachment No. 1 Page 5 of 11 V'✓• vv VLlJ.flJtJL I xI CJWIIVttK11VU HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 ALTERNATIVE NO. 1 III PAE±. U//12 BID QTY b UNIT PRICE. ITEM UNIT DESCRIPTION IN FIGURES C. ALTERNATIVE NO. 1 - SUBSTITUTES HDPE PIPE IN LIEU OF RCP C-1 376 LF C -2 376 LF C-3 58 LF C -4 58 LF v BID ITEM EXTENSION (QTT S UNIT PRICE IN FIGURES) 60" RCP, complete in place per LF - DED['CT /ZZ 4/ 7Z. 60" EDIT, complete in place per LF 150 SbL(00,--- 42" RCP, complete in place per LF - DEDUCT 77 42" HOPE, complete in place per LF $ SUBTOTAL PART C $ T /Q JI e 00 (Items Cl - C4) NOTE: The above unit prics must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds celled. for and the Owner reserves the right to incr':ase or decrease the quantity of any bid item. The above. quantities are approximate, include ar, additional 5W in some cases, and may vary from the final quen.ti,tteG. Do not order material based on these approximate quantities. REVISION 2 PROPOSAL FORM PAGE 6 OF 11 ADDENDUM NO. 3 Attachment No. 1 Page 6of1I I II BID ITEM QTY & UNIT D. ALTERNATIVE NO. INSTALLATION HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 .ALTERNATIVE NO. 2 Iv PAGE 08/12 v UNIT PRICE BID ITEM EXTENSION DESCRIPTION IN mums (QTY & UNIT PRICE IN FIGURESL - SLOUGH ROAD DRAINAGE IMPROVEMENTS and FENCING REPAIRS AND D -1 1 Ls D -2 237 C'Y Mobiliza•::ion, Insurance and Bonds, complete in place per LS Regrado and Reshape Existing Ditch (C1iannel Excavation), complete in paw:* per CY s So° y37o. tic) D -3 640 z<F 18" RCP, complete in place per LF D -4 2 EA $ Zi9'f76 Double Ovate Inlets, complete in place per EA - 3/2.L.�, D-5 1 Erosion Control Treatment LS (Hydroseod) , Mandatory A11owanci D -6 2,500 1 Traffic Control, complete in LS place per LS D-7 DD8 500 exf a bng }Srooci Fencenconap,Leteoin place par JAr Furnish and Install, new 6 ft 150 paretic.e (1Xn tonne Board and l r- a ' rence 'poses to fiaten eex c a e inn 'piaace per 2500. $ 2-5-00 / 0 it1-9-1 $ 15-co. �a SUBTOTAL PART D $ 4L.5 ®l [IR (Items 01 - D6) NOTE: The above unit pries must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., tc covey: the finished work of the several kinds called for and the Owner - reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include ar additional 5% in some cases, and may vary from the ,fi,nal, Do not order material based, on these a Y Y quantities. approximate quantities. REVISION 2 P. OP.OSAi, FORT. PAGE 7 OE 11 ADDENDUM NO. 3 Attachment No. 1 Page 7 of 11 04/30/2010 08:06 0253602 ENGINEERING PAGE 09/12 HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 BID SUMMARY BID SUMMARY BASE BID: PART A (Items A. -1 through A -20) PART B (Items I3 -1 through B -10) TOTAL BASE BID (Parts A and H) ALTERNATIVE NO. 1 PART C Mama C-1 through C-4) ADDITIVE ALTERNATIVE NO. 2 PART D (Items D -1 through D -8) X55 / 0 7 1T7� h►# o7©f oo TOTAL BA,HE DID + ALTERNATIVE NO. 2 (Parts A and 8 +D) _ e TOTAL BASE BID + ALTERNATIVE NO. ALTERNATIVE NO. (Parts A and 3 +C ♦D) REVISION 2 PROPOSAL FORM PAGE 8 OF 11 ADDENDUM NO. 3 .Attachment No. 1 Page 8 of I 1 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 contract in accordance progresses. Signed above. ATTE in current funds for performance of the with the Contract Documents as the work in 4 parts at Corpus Christi, Texas on the date shown City Secretary APPRO �% D� AS TO GAL FO By: /V( Asst. City Attorney CITY OF CORPUS CHRIST By: �vL Juan Perale , Jr. , P.E. Assistant City Manager Engineering /Development Services, By: 7/b711 fir Pete Ana , P.E. Director of Engineering Services D (Seal Below) (Note If Person signing for corporation is not President, attach copy of authorization to sign) CONTRACTOR Relmc- Inc. By: Title: PLUAAUki P.O. Box 154 (Address) Hondo, TX 78861 (City) (State)(ZIP) 830/741 -3400 * 830/741 -2822 (Phone) (Fax) ®I 2- ag) . AUTt1UKir�� SY COUNCIL.....0.4g/S.0 SECatrTARY fn. 04/30/2010 08:06 8263802 ENGINEERING PAGE 02/12 P R O P O S A L F O R M F O R HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISION 2 PROPOSAL FORM PAGE 1 OE 11 ADDENDUM NO. 3 Attachment No. 1. Page 1 of 11. 04/30/2010 08:06 8263802 ENGINEERING PAGE 03/12 Proposal o OR PROPOSAL Place: Date: le l,rtic. ' a Corporctjon organized and existing under the laws of the State of a Partnership or Individual doing business as TO: The City of Cc•rpua Chrioti, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: REVISION 2 PROPOSAL FORM Page 'A of 11 ADDENDUM NO. 3 Attachment No.1 Page 2of1.1 04/30/2010 08 :06 8263802 ENGINEERING PAGE 04/12 z II BID ITEM QTY & UNIT HOPEINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 RASE BID =xr A. DRAINAGE IMPROVEMENTS A -1 DESCRIP'T'ION 88 9'X5' Concrete box Culvert, LF complete in place per LF TV UNIT PRICE IN FIGURES v SID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES) g oo $ 2 960- vC' A -2 A -3 112 LF 105 LF 6'X4' Concrete box Culvert, complete in place per LF 190 (x) 5'X4' Concrete box Culvert, complete in place per LF 17 . A -4 A -5 376 .LF 58 LF A--6 2 EA 60" RCP, complete in place per LF 112 o0 $ 1.15 e 7Z.op 42" RCP, complete in place per LF 77.00 $ q.L, /!a Concrete Headwall SW -0 (9'x5' Box), complete in place per EA $ 7 coo ' 7h.-7 1 EA A -8 1 FA A--9 A -10 A -11 A -12 3, EA 1 2 EA 1 EA A -13 2 EA A -14 777 SF Concrete Headwall SW -0 (61x4' Box), conplete in place per EA Z9oa szcl 00, a Concrete Headwall B -Fw -O (2 -5'x4` Box), complete in place pea EA Concrete Headwall PW (6'x4' Box), complete in place per EA Concrete Headwall PW (2 -5'x4' Box) , complete in place per 1;A Aso. $ s#00-c' $ 99vO. ' Concrete Headwall SETP -Pp (2 -60" Pipe), complete in place pez EA $ Concrete Headwall SFrP -PA Pipe), complete in place per EA Concrete Headwall CH -PW -0 (2 -60" Pipe), complete in ptaoe pez EA tCJ t®41oQ $ Concrete RIPRAP, complete in place pez SF 4/ :5,2 $ ,71616, -52) REVISION 2 PROPOS>AI, FORM PAGE 3 OF 11 ADDENDUM NO, 3 Attachitncnt No. Page 3 of i 1 94/30/2010 08 :06 8263802 rr ENGINEERING HOPKINS ROAD DRAINAGE IMPROVEMENT$ PROJECT NO. 2043 BASE BID III PAGE 05/12 Iv v °TY 6 UNIT DESCRIPTION UNIT PRICE 1E71770117 BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES) 2,270 CY 2.90 AC Regrade and Reshape Existing Ditch. (C'lannel Excavation) , complete in place us CY Seed and Fertilize Ditch, complete in place per AC $ IBI6a, 00 B. ADJUSTMENT 8 -1 B--2 1 LS LS 1, 133 LF 1 LS Adjust E ::fisting Utilities A1lowancn (MANDATORY ALLOWANCE) , complete in place per LS Traffic control„ complete in place peY LS $25,000 47(x) c±7 $25,000.00 $ 75oc' Silt Fenc!ei complete in place per LF Mobilization, Insurance and Bonds, complete- in place per LS 1260 L1: 8" c -900 Water Line, complete in place per LP 4 EA 6--7 150 LE' Sire Hydrants Assembly, complete in place per EA 8" Ductile Iron Water Line Pipe and Fittings complete in place per LF 65 $ 77.—oc REVISION 2 SPA M:M FORE! PAGE +J OF 11. ADDENDUM NO. 3 Attachment No. 1 Page 4 of 11 04/30/2010 08:06 8263802 I II BID ITEM B -$ 14 EA B -9 4 EA B -10 9 EA QTY & UNIT ENGINEERING HOPFCINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 BASE BID ITI DESCRIPTION Iv UNIT PRICE IN GURI 45° Ductile Iron Bends, complete in place per EA 8" Gate / ►alve and Base, complete in place per EA Tie to ENiating Water Line, complete in place per EA PAGE 06/12 v BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES) SUBTOTAL PART B (Items B1 - B10) 17oa Sa/G® s -001 JC�rJ'. ofd NOTE: The above unit pric »s must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to inc,raase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order, material based one these approximate_ quantities. REVISION 2 PROPOSAL FORM PAGE 5 OF 11 ADDENDUM NO. 3 Attachment No 1 Page Sall 04/30/2010 08:06 8263802 ENGINEERING PAGE 07/12 BID QTY & ITEM UNIT HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 ALTERNATIVE NO. 1 III DESCRIPTION 1V UNIT PRICE IN FIGURES V BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES C. ALTERNATIVE NO. 1 - SUraSTITUTES RDPE PIPS: IN LIEU OF RCP C -1 C -2 C -3 C -4 376 LF 376 LF 58 LF 58 LF 60" RCP, complete in place per LF - DEDUCT /z2 ($x4'72: 60" HDPE, complete in place per LF 150 56,110o, 42" RCP, complete in place per LF - DEDUCT 77 ($ ll"L1 o 42" HDPE, complete in place per LF gz SUBTOTAL PART C (Items C1 - C4) NOT The above unit pries must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kind$ called for. and the Owner reserves the right to incr':ase or decrease the quantity of any bid item. The above quantities are approximate, include at additional 5% in some cases, and may vary from the final guar ti.ties. Do not order material based on these approximate quantities, REVISION 2 PROPOSAL FORM MOM 5 OF 1.1 ADDENDUM NO. 3 Attachment N. 1 Page 6 of 11 04/30/2010 08:06 8263802 ENGINEERING HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 ALTERNATIVE NO. 2 PAGE 08/12 BID ITEM DESCRIPTION UNIT PRICE SID ITEM EXTENSION IN 8'IGURES (QTY & UNIT PRICE IN FIGURES) D. ALTERNATIVE NO. 2 - BIOME ROAD DRAINAGE IMPROVEMENTS and FENCING REPAIRS AND INSTALLATION Mobiliza: ion, Insurance and Bonds, cry -lets in place per LS D -2 237 Regrade and Reshape Existing CY Ditch (Channel Excavation), complete in place per CY D -3 640 18" RCP, complete in place per LF LF D -4 2 Double Grate Inlets, complete KA in plane per EA Erosion Control Treatment (Uydrose ed) , Mandatory Allowance, Refurbish- Straigghten and Align D-7 500 exiatxnq, viaocl nonce complete in mr place per I? . furniah and Install, new 6 ft D8 150 �woo tencae xb ranee nears and en a' os s to match '— exit._ ne. e e e n ace per NOTE: The above unit pric;s must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover, the finished work of the several kinds called for and the Owner reserves the right to iticr?ase or decrease the quantity of any bid item. The above quantities are approximate, include or additional 5% in some cases, and may vary from the .final quantities. Do not order material baser9, on these approximate quantities. REVISION 2 PROPOSAL FORM PAGE 7 OF 11 ADDENDUM. NO. 3 Attachment No. 1 Page 7 of 11 04/30/2010 08:06 8263802 ENGINEERING HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 BID SUMMARY BID SUMMARY BASE BID: PART iA (Items A -1 through A -20) PART B (Items L -1 through B -10) TOTAL BASE BID (Parts A and 8) ALTERNATIVE NO. 1 PART C (Items C -L through C -4) ADDITIVE ALTERNATIVE NO. 2 PART D (Ttame D -1 through D -8) T $ $ $ PAGE 09/12 /0 7 a 177# Z , 55;190 hi# /0, 8/x,00 �.n 070,00 X50. coop Parts A an B + TOTAL HA.SE SID + ALTERNATIVE NO 2 ParteA and 8 +D TOTAL BASE BID + ALTERNATIVE NO. 1 + ALTERNATIVE NO. 2. (Parts A and 8 + C + D) /E-2 REVISION2 PROPOSAL FORM PAGE 8 OF 11 00 ADDENDUM NO. 3 .Attachment No. 1 Page 8 of 11 04/30/2010 08:06 8263802 ENGINEERING PAGE 10/12 The undersigned hereby declares that he has visited the site and has carefully exami :led 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 mer= 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 tee 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 fer 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 c escription 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 agree: to complete the work within 90 Calendar Digs from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and epparatus, 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 pertain ::.ng thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): z o` 4 ` 2..fr ia (SEAL - IF BIDDER IS a Corporation NOTE: Do not d.eta.ch bid from other papers. rill in with ink and submit complete with attached papers. gIVIzAlia-14 it st3/t o �!t Respectfully submitted: Name: RELM By: A (SIGN Address: 0.8 . (S -I (P.O. Box) (Street) Weee e IX 7th (City) (State) (Zip) Telephone: 154,c.._ 75F1- 4�c� URevised August 2000) REVISION 2 PROPOSAL FOAM Page 9 of 11 ADDENDUM NO. 3 Attachment No. 1 Page 9 of 11 P A Y M E N T B O N D STATE OF TEXAS § 3(xt 495 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Relmco, Inc. of MEDINA County, Texas, hereinafter called "Principal ", and764 6 0reeb cra 6r7r�S�s�4(1 1f, a corporation organized under the laws of the State' of j 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 FIVE HUNDRED THOUSAND, SEVEN HUNDRED TWO AND NO /100 {$500,702_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 8TH day JUNE , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 (TOTAL BASE BID A &B + ADD.ALT. #2: $500,702.00) 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 _f(_� day of iin. , 20 I0 . PRINCIPAL By: aakft4oba/. R0:_ca; .F6Ke6(etl Pi€o1i (Print Name & Title) A± -ES dic/-J L ' . 7'94 c- 13e/t- I 1/P (Print Name & Title) SURETY TryIei'/)I_ en re eastiihkiand Sc"e49 6 mg ncA BY: Pam, m54,4„4l Att e i ffa�Y \ c e-Le 4 (Print Nam ) f The Resident Agent of the Surety in Nueces County, Texas, for delivery of' notice and service of process is: Agency: Contact Person: _a Address: pc Tnsonq e sbiry ) rp u S C h n (ss r '7Wi Phone Number: (i ( ("1,4 60 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E BOND &nd c,?OC1MqS STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Relmco, Inc. of MEDINA County, Texas, hereinafter called "Principal ", and'7 /rpp etroK y f o, J%w ('jn'p nq ► a corporation organized under the laws of the State of -"'5 , 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 FIVE HUNDRED THOUSAND, SEVEN HUNDRED TWO AND NO /100 ($500,702.00) 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 8TH of JUNE , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: HOPKINS ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 2043 (TOTAL BASE BID A &B + ADD.ALT. #2: $500,702.00) 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 f which shall be deemed an original, this the day of C} n'_ , 20 - PRINCIPAL RE_ U) By: a'afkilti11,64A09-- P\ 1 C I\. ,:q.P11; Li 'ioov (Print Name & Title) A TEST Mc/4,4E7i -7/-44-246,5Em-) (Print Name & Title) SURETY BY: &*4'1,11 /9100W A r - faC1-cod (Print N e) 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: (NOTE: Date ! Ff'l N ril{ sA/)(°e Snif s-tim c 'goo f )01\42 )(]6e J r i3 e I tyl ('i puS f' h ('S$r`:re CS rig ifot .o f (Oro ?LM of Performance Bond must not be prior to date of contract) Performance Bond Page 2 of 2 (Revised 3/08) ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 6/8/2010 PROnucER Phone: 210 -222 -2161 Catto & Catto LLP 217 East Houston St. , Ste t. St., te 217 East se n78205-1801 / Fax: #100 210 -222 -1518 THIS CERTIFICATE I5 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 / Relmco Inc. P.O. Box 154 Hondo TX 78861 LIABILITY COMMERCIAL GENERAL LIABILITY CLP3267241 INSURERA:BitUminouS Casualty Corp 9/14/2010 INSURERB:Al11ed Property '& Cas. Ins Co $ 1, 000. 000 INSURERC:RSUI Indemnity Co. PREMIS S(Eao cuA PREMISESfEaaccurence) INSURER D: INSURER E: MEDEXP (Any one person) COVERAGES 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 TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIRJNSRD A ADD'L - TYPE OFINSURAANE POLICY NUMBER POLICY EFFECTIVE pATEAVIM1DD1�) POLICY EXPIRATION DATEIMM!DDtYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLP3267241 9/14/2009 9/14/2010 EACHOCCURRENCE $ 1, 000. 000 X PREMIS S(Eao cuA PREMISESfEaaccurence) $100.000 CLAIMSMADE X OCCUR MEDEXP (Any one person) 000 PERSONAL &ADV INJURY $ 1,000,000 $2,000,000 GENERAL AGGREGATE GEN'LAGGREGATE LIMIT APPLIES PEN: 7 POLICY n PRO- LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 B AUTOMOBILE LIABILITY V ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNED AUTOS ACP7231945756 9/14/2009 9/14/2010 COMBINEDSINGLELIMIT (Ea?cr3dent) $ 1,000,000 X X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per occident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ _ OTHER THAN EA ACC $ AUTOONLY: AGG $ C EXCESSIUMBRELLALIABILITY e NHA050257 9/14/2009 9/14/2010 EACHOCCURRENCE $ 1, 000, 000 $ 1, 000, 000 $ T1 OCCUR CLAIMSMADE AGGREGATE DEDUCTIBLE RETENTION $ 0 $ X $ A WORKERS COMPENSATION AND / EMPLOYERS' LIABILITY S, ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? Byes, describe under SPECIALPROVISIONStelow WC3532819 9/14/2009 9/14/2010 X ITORYLIMITq OER 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/LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project Name and Project Number: #2043 Hopkins Road Drainage Improvements. The City of Corpus Christi is included as Additional Insured with respect to the General Liability and Auto Liability policies as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Y P P Engineering services Attn: Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 -9.277 / . i�® SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D 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, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 'M* ACORD 25 (2001108) ©ACORD CORPORATION 1988 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. ACORD 25 (2001/08) F Policy Number: CLP3267241 V Company Name: Bituminous Casualty Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: ` COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION Ii - WHO IS AN INSURED is emended to Include: Any 'owner ", 'contractor ", "construction manager°, "engineer" or "architect' if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy for completed operations but only for the project designated in your written contract or written agreement and only with respect to 'bodily injury" or 'property damage' included in the "products - completed operations hazard" and caused, at least in part, by your negligence and with respect to liability resulting from: A. Your work' performed for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work'. With respect to the insurance afforded such additional insureds In connection with this endorsement and the above referenced Commercial General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any `suit" seeking damages for 'bodily injury" or 'property damage` until we receive written notice from the additional insured requesting that we defend it in the 'suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an 'occurrence' which may result in a claim. This shall Include: (1) How, when and where the 'occurrence' took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence'. b. Give written notice to us of a claim or *suit' brought against the additional insured including specifics of the claim or "suit' and the date it was received. e. Give written notice of such claim or 'suit,' including a demand for defense and indemnity, to any other Insurer who had coverage for the claim or 'suit' under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the "bodily injury' or "property damage' which is the basis for such claims or 'suit,' (1) Such notification must demand the full coverage available under that policy; and (2) The additional insured shall not take any action to waive or limit such other coverage available to it GL -4382 (12/04) -1- 4. This insurance does not apply to a. 'Bodily injury' or 'property damage' resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you; b. "Bodily injury" or "property damage' resulting from "your work' performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled insurance Program or Consolidated (wrap -up) insurance Program; c. "Bodily injury" or "property damage' (1) In connection with a project where your work" on the project was completed prior to the effective date of this policy, unless the written contract or written agreement includes a specific time requirement for completed operations coverage to be provided by you for the additional insured for "bodily injury° or 'property damage' occurring during the policy period. (2) In connection with a project where your work" on the project was completed and where the duration of the additional insured coverage requirement in the written contract or written agreement governing "your work" on that project had expired by the time that the injury or damage first occurred. If (3) In connection with a project where "your wont" on the project was completed more than thirty six (36) months prior to the effective dale of this policy. For the purpose of this endorsement, your work' will be deemed completed as set forth in the "products - completed operations hazard" definition. d. "Bodily injury° or "properly damage': (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (3) ta) (b) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does nol include the general supervision of your operations on such project. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: "Owner' means a person or organization who has ownership in the project premises designated in your written contract or written agreement, at which you are performing or performed work. GL -4382 (12/04) -2- 'Contractor means a person or organization with whom you have agreed in a written contract or written agreement to perform work for at the project designated in the written contract or written agreement. 'Construction Manager means a person or organization designated as "construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your work' for the project designated in the written contract or written agreement, "Engineer° means a person or organization who has been engaged by the "owner, 'contractor or ' construction manager° to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling 'your work' on such project. ' Architect' means a person or organization who has been engaged by the "owner, "contractor" or ' construction manager to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling "your work' on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any insurance specifically purchased for a designated project(s), including but not limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. In no event will any coverage provided under this endorsement extend beyond the expiration date of this policy. Countersigned b Authorized Representative GL -4382 (12/04) -3- Policy Number: ACP7231945756 Company Name: Allied Property & Cas. Ins Co BUSINESS AUTO AC 01 02TX 03 OS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT FORM - TEXAS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION t - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos; 4. "Trailers" designed to be towed by a pri- vate passenger. type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto ". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2, Paragraph B.2 of SECTION 1 — COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or It re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that. coverage. The most we will pay for Physical Damage Coverage for 'loss' under this Coverage Ex- tension is 8100,000 per "auto ", subject to the largest deductible applicable to any "auto" for that Coverage, C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person AC 01 02TX 03 08 Includes copyrighted material of Insurance with its permission. ACP 8APC772.4- 1945756 7338 09257 INSURED COPY or organization qualifies as an "insured" -un- der the Who Is An Insured Provision con- tained in Section II -- LIABILITY COVERAGE of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion IN SECTION II -- LIABILITY COVERAGE is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured ". This exclusion applies even if the resulting "bod- ily injury" or "property damage ": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exblusioris are added to SECTION II — LIABILITY COVERAGE: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or mo- lestation by anyone or any person while in the care, custody or control of any "in- sured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; Services Office, Inc., Page 1 of 3 AC0102030900 0001 72 0015081 AC 01 02TX 03 08 4) Reporting 10 the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores II a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition 01 any Item the "insured" makes, sells or distributes if the injury or damage occurs after the In- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or *properly damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or 'property damage" occurs atter the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- ` tion, repair or replacement is required be cause of wrong delivery. Professional Services "Bodily injury ": a. Resulting from the providing or the fail- ure to provide any medical or other pro - fessional services. b. Resulting from food or drink Iurnished with these services, "Bodily injury" or "property damage" result- ing from the handling of 'corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added TO SECTION III -- PHYSICAL DAMAGE: Motor Home Contents This insurance does not apply to: a. "Loss" to the cove red "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos ". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, , these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a, of SECTION III - PHYSICAL DAMAGE, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE INSURANCE is replaced by the following: C. Limit 01 Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser ol: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replac- ing the damaged or stolen prop- erty. 2. The cost of repairing or replacing may be based on an estimate which includes parts furnished by the origi- nal equipment manufacturer or ether sources Including non- original equipment manufacturers. 3. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertis- ing wraps, paint customization, and similar business related advertising modifications, in addition to the ac- tual cash value of the property. Auto advertising wraps, paint customiza- tion, and similar business related advertising modifications will be val- ued at the cost to replace them with an adjustment made for deprecia- tion and physical condition, Page 2 of 3 Includes copyrighted material of In surance Services Office, Inc., AC 01 02TX 03 08 ACP 9APC72 -4- 1945756 7308 09257 with iffts sga tY. AC0102030900 0001 72 0015082 GLASS REPAIR — WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE, the follow- ing is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In The Even Of Accident, Claim, Sul' Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an "accident ", "claim ", "suit ", or "loss" applies only when the "accident ", "claim ", "suit ", or "loss is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee diseg- nated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTON IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the follow- ing: 11 you unintentionally fail to disclose any hazards existing at the inception dale of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS ' HIRED OR RENTED BY EMPLOYEES if hired or rented "autos" are covered "autos' on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who is An In- sured Provision in SECTION II — LIABILITY COVERAGE : An "employee of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" Page 3 01 3 AC 01 02TX 03 09 name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition • in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "au to" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". M. EMERGENCY LOCKOUT -- PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith 10 gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or • 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. N. LIBERALIZATION Paragraph 3.ot the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: If we adopt any revision that would broaden the coverage under this policy without additional pre- mium within 60 days prior lo or during the policy period, the broadened coverage will immediately apply to this policy, All terms and conditions of this policy apply unless modified by this endorsement. Countersigned by uthorized Representative Includes copyrighted material of In surance Services Office, Inc., with its permission. INSURED COPY AC0102030900 0001 ACP BAPC72.4- 1945756 73G8 09257 AC 01 02TX 0309 72 0018083 Policy Number: CLP3267241 ' Company Name: Bituminous Casualty Corp, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND IMPROVEMENT CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of such provision. in the box next to the caption of A. f ^ 1 Partnership and Joint Venture Extension J, © Broadened Conditions B. Contractors Automatic Additional Insured K. © Automatic Additional Insureds — Equipment Coverage Leases 4 C. © Automatic Waiver of Subrogation L. Q Insured Contract Extension - Railroad Property and Construction Contracts D. © Extended Notice of Cancellation, Nonrenewal E. © Unintentional Failure to Disclose Hazards F. Broadened Mobile Equipment G. 1 ^ I Personal Injury - Contractual Coverage H. 1 1 Nonemployment Discrimination I. n Liquor Liability M. © Construction Project General Aggregate Limits N. © Fellow Employee Coverage O. © Property Damage to the Named Insured's Work P. X J Care, Custody or Control A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION 11- WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in items La., 1.b., and 1.c., subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of "your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you tor "your work" in connection with your interest in such partnership or joint venture. A partnership or joint venture, not shown as a Named insured in the Declarations, of which you have 33% or more ownership interest at the time of "bodily injury' or 'property damage" caused by an occurrence or "personal and advertising injury" caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture. GL -3088 (01/06) -1- B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE SECTION II - WHO iS AN INSURED is amended to Include. Any 'owner ", "contractor ", 'construction manager", °engineer" or "architect° if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only with respect to "bodily injury,' 'property damage' or 'personal and advertising injury' caused, at least in part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any "suit' seeking damages for "bodily injury," "property damage" or "personal and advertising injury," until we receive written notice from the additional insured requesting that we defend it in the "suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIMITS. OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition 10 the Limits of Insurance described in SECTION iII of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an "occurrence' or an offense which may result in a claim. This shall include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Give written notice to us of a claim or "suit" brought against the additional insured including specifics of the claim or 'suit" and the date it was received, c. Give written notice of such claim or "suit,' including a demand for defense and indemnity, to any other insurer who had coverage for the claim or 'suit' under its policy(ies), either al the time of, or at any time subsequent to the occurrence of the "bodily injury," 'property damage" andlor the offense causing the "personal and advertising injury," which is the basis for such claims or 'suit °. (1) Such notification must demand the full coverage available under that policy; and (2) The additional insured shall not take any action to waive or limit such other coverage available to it. GL -3088 (01106) -2- 4. This insurance does not apply to: a. °Bodily injury° °property damage" or "personal and advertising injury" occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional insured(s) has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. "Bodily Injury" "property damage' or 'personal and advertising injury" resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. c. `Bodily injury" 'property damage" or 'personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap -up) Insurance Program. d. "Bodily injury,' "property damage' or "personal and advertising injury ": (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (3) (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 or inspection activities performed as part of any related architectural or engineering activities but does not include the general supervision of your operations on such project. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: 'Owner" means a person or organization who has ownership in the project premises, designated in your written contract or written agreement, at which you are performing operations. "Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. "Construction Manager' means a person or organization designated as "construction manager' in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement. GL -3088 (01/06) -3- "Engineer' means a person or organization who has been engaged by the 'owner, 'contractor or 'construction manager' 10 perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. "Architect° means a person or organization who has been engaged by the 'owner, 'contractor or 'construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any other insurance specifically purchased for a designated project(s), including but not limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution from such other insurance only it you have so agreed in the written contract or written agreement. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION 1V - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after Toss to impair those rights. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 'your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation it we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is npt otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. GL -3088 (01!06) -4- E, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of »your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.6. of SECTION V- DEFINITIONS, is deleted and replaced with the hollowing: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL INJURY - CONTRACTUAL COVERAGE Exclusion 2,e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless 'personal and advertising injury' is excluded from this policy: Item 14. of SECTION V - DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by 'discrimination." SECTION V - DEFINITIONS, is amended to include: 23. "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. Item 2. Exclusions of SECTION I, COVERAGE B, Is amended to include: °Personal and advertising injury arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; . "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your 'employees" knowledge or consent; "Personal and advertising injury arising out of'discrimination° directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured; or Fines, penalties, specific .performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination,' I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A, is deleted. GL -a088 (01/06) -5- J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV = COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a, You must see to it that we are notified of an 'occurrence' or an offense which may . result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an 'employee' designated to give notice to us. Notice should include: (1) (2) (3) How, when and where the 'occurrence" or offense took place; The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or 'suit" and the date received as soon as you, one of your officers, or an °employee' designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee' you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such 'occurrence' to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this 'occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions, The insurance provided to the additional insured does not apply to: 1. 'Bodily injury' or "property damage" occurring after you cease leasing the equipment. 2. 'Bodily injury" or 'property damage" arising out of the sole negligence of the additional insured. 3. Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. GL-3086 (01/06) -6- L. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V - DEFINITIONS, is deleted and replaced with the following. 9. 'Insured Contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work perlormed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury" or "property damage" to a third person or organization provided the "bodily injury" or 'property damage° is caused, in whole or in part, by you or those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field Orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, If that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. .� M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMBS This modifies SECTION III - LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under. SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. GL -3088 (01106) -7- 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury° or "property damage' included in the "products - completed operations hazard,' and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing °suits.° 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an `occurrence" under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION 1- COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage' included in the 'products- completed operations hazard° will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. if a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION 111 - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to.be applicable. N. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION 1, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury` to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or GL -30138 (01106) -8- (2) The spouse, child, parent, brother or sister of that 'employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an 'insured contract'; or (2) Liability arising from any action or omission of a co- 'employee" while that co- employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1)(a) of SECTION II - WHO IS AN INSURED, is deleted and replaced with the following: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers' while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following: I. Damage to Your Work °Property damage' to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE, CUSTODY OR CONTROL Exclusion 2.J.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.14 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless 01 the number of occurrences. (b) This provision does not apply to °employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. GL -3088 (01/06) -9- (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the Toss of use of that property, as a result of each "occurrence.' Our limit of liability under the endorsement as being applicable to each 'occurrence' shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, Including those with respect to duties in the event of 'occurrence,' claims or "suit° apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or 'suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Countersigned by uthorized Representative GL -3088 (01/06) -10- POLICY NUMBER; CLP 3 267 241 ` COMMERCIAL GENERAL LIABILITY Company Name: Bituminous Casualty Corp. 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: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: i 3. Number of days advance notice: 30 _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Countersigned Authorized Representative CG 02 0512 04 a ISO Properties, Inc„ 2003 Page 1 of 1 Policy Number ACP7231945756 Company Name: Allied Property & Cas. Ins Co 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 This endorsement changes the policy effedive on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned Sy: (Authorized RepresentativeL Named Insured: Relmco Inc. SCHEDULE Number of q'ays` Notice 30 �` Name Of Person Or Organization City of Corpus Christi Department of Engineering Services Address Attn: Contract Administrator P.O. Box 9277 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 day's notice indicated in the Schedule. All terms and conditions of MI5 policy apply unless modified by this endorsement. CA 02 44 08 04 0 ISO Properties, Inc., 2003 Page 1 of 1 ACP BAPC724.1045755 7305 09257 INSURED COPY CA0244050400 0138 72 0018084 TEXAS WORKERS COMPENSATION AND EMPLOYERS. LIABILITY INSURANCE POLICY WC420601 (Ed; 7 -B4) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only io the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: ANY PERSON OR ORGANIZATION AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED ON THE COMPANY'S BEHALF BY IT'S LICENSED AGENT. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 3 5 3 2 81 9 Endorsement No. / , Premium Insured Insurance Company WC 42 06 01 (Ed. 7 -84) Bituminous Casualty Car duntersigrtedby Hit Fame & Selviesa Header Ho. 14. 5S5