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C2010-220 - 6/22/2010 - Approved
_ 2o1a-220 M2010-146 06/22/10 Garrett Construction SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR LACUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION Prepared by RVE, Inc, TBPE Firm Reg. No. F-2037 820 Buffalo Street Carpus Christi, Texas. 78401 Phone: 3611887-$851 Fax: 361/887-8855 FOR DEPARTMENT OF ENGINEERING SERVI~ CITY OF CORPUS CHRISTI, TEXAS Phone: 3611826-350U Fax: 3611826-3501 PROJECT NO: E1.0067 DRAWING NO: STR 833 c}-2~ /o 'i (Revised 7/5/00) LACUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION CITY PROJECT NO. E10067 Table of Contents NOTICE TO BIDDERS (Revised 715100) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 715100) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A -SPECIAL PROVISIONS ' A-1 Time and Place of Receiving Propasals/Pre-Bid Meeting A-2 Definitions and Abbreviations A 3 Description of Project ' A-4 Method of Award } A-5 items to be Submitted with Proposal A-6 ~ Time of Completion/Liquidated Damages A-'~ Workers Compensation Insurance Coverage ` ' A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 715/00) ` A-11 Cooperation with Public Agencies (Revised 7/5/00} A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~~? ~:°i,~ n~~;,.° NOT USED A-1$ Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs - A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10198) NOT USED A-24 Surety Bonds A 1 Lr / ^ " LIL41 °~'°~ ~'°~ ~'~°,,.,.,~:~„ NO LONGER APPLICABLE (6111/9$) A-26 Supplemental Insurance Requirements ~ ~~ A 1 L ! no.,~,,,,~;t-.:t:~. ~ ,. n.,......,,.o ~~.,;,,.,~ NOT USED iib~T A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" R~:quirements A-33 Conditions of Work A-34 Precedence of Contract Documents is NOT USED A-36 Other Submittals (Revised 9/1$/00) A-37 Arr~ended "Arrangement and Charge for Water Furnished by the City" A-3 8 Worker's Compensation Coverage for $uilding or Construction Projects far Government Entities A-40 Amendment to Section B-B-b: Partial Es~ SNOT USED NOT USED A-42 OSHA Rules & Regulations A-43 Amended Indemnif cation & Hold Harmless {9198) A-44 Change Orders (4/26/99) A-4S As-Built Dimensions and Drawings (~/5100) A-46 Disposal of Highly Chlorinated Water (7/5100) A-47 Pre-Construction Exploratory Excavations (7{S/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" ($124•!00) ~-5D Maintenance and Control of Wastewater Flows A-51 Stormwater~Pall~tion Prevention A-52 Groundwater Discharge A-53 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES .~-ND REQUIRE,MENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 -SITEWORI~ 021020 Site Clearing and Striping (S-5) 021040 Site Grading (S-6) 021080 Removing Old Structures (5-55) 022020 Excavation and Backfll for Utilities and Sewers (S-9) 022022 Trench Safety far Excavations 022060 Channel Excavation (5-11) 022080 Embankment {5-13) 022100 Select Material (5-15) 0224.20 Silt Fence (5-97) 027402 Reinforced Concrete Pipe Culverts (5-60) 02$020 Seeding {5-14) DIVISION 3 -CONCRETE 43 0020 Portland Cement Concrete (5-40) 032020 Reinforcing Steel (5-42) 038000 Concrete Structures (5-41) PART T - TECHNICAL SPECIFICATIONS DIVISION 2 -SITEWORK 022410 Stormwater Pollution Prevention LIST OF DRAWINGS Sheet No. Description 1 Title Sheet 2 General Notes & Miscellaneous Details 3 Legend, Testing Schedule, & Quantities 4 Site Grading Plan 5 Erosion Control and Work Corridors b Construction Details APPENDIX Brazilian Pepper Tree Eradication Procedures NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND 1, ! i. i L ..T 3 1®i®'I'ICE 'I`® ~IDI)E1~~ Sealed proposals, addressed to the City of Corpus Christi, Texas for: LAGUNA SHORES ROAD REHABILITATION OFF'SIT'E WSTLANDS.MITIGATION Project No. E10667 consists of; The removal of approximately 560 linear feet of 50" RCP storm sewer main and associated headwall; installation of 10 linear feet of new 50" RCP, a concrete outlet structure {approximately 64 cubic yards), 28 cubic yards of rock rip rap, and 38 cubic yards of 12" thick, compacted, crushed concrete for maintenance area; 4.5 acres of land clearing and .stripping; 8,400 cubic yards of excavation and 750 cubic yards of embankment .(fill); 1,916 linear feet of bollard-and-cable fence with 2 anchor blocks; and eradicati.an of Brazilian Pepper Tree vegetation. The Erosion and Sedimentation Control Plan includes: 660 linear feet of turbidity .curtain, or similar device; 385 linear feet of silt fences; and a stabilized construction entrance; in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, May 19, 2610 and then publicly opened and read. Any bid received after closing time wi7~. be returned unopened. A pre-bid meeting is scheduled for Wednesday, May 12, 2010 beginning at 02:00 p.m. The `~: pre-bid meeting will convene at Department of Engineering Services, Main_Canference .Room, 3r~ FlOOr, Cit Hall, 7.201 Leo and St., Co us Ci~risti, Texas 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°s of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5o bid bozad 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 farms,' specifiications and contract documents may be procured from the City Engineer upon a deposit of Fifty and na/140 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, F' "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 Off' CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revi5sel 7/5/00 ' NOTICE TO CQNTRACTORS - A INSURANCE REQUIREMENTS. . ~~ Revised March, 2009 _ A Certificate of Insurance indicating proof of coverage in the following. amounts is required: t I 'TYPE OF INSURAI+FCE MrNIMUM INSURANCE COVERAGE 30-Day Native of Cancellation required an Rada.ly Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial general Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises ~- Operations 3. Explosion and Collapse Hazard ~. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINEL} SINGLE LIMIT OR RENTED ' WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT. AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE. LIMIT ENVIRONMENfiAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term ~ NO environmental impact for the dispnsai of T REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ^~ NOT REQUIRED INSTALLATION FLOATER See Section 8-6-11 and Supplemental Insurance Requirements . ^ REQUIRED D NOT REQUIRED Page ~, of 2 ,~ ~{ The City o~ Corpus Chra,sti must be named as an additional insured on all 'r~ coverages except worker's compensation liability coverage. The name of the groject must be listed under "description of operations" an each certificate of insurance. r~ 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 br Special Provisions section of the contract. Y~ A completed "Disclosure of Interest" must be submitted with your proposal. Should you ,have any questioas regarding insurance requiremeats, please ~. coatact the Contract Administrator at 880-3500. Page 2 of 2 i N~TI~E TO CONTIZACTO~tS - ~ NOTICE TO CONTRACTORS -•- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS , Page 1 of 11 Texas Administrative Code TITLE 2S INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.11D Reporting Requirements f©r Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the fallowing meanings, unless the context clearly indicates otherwise. Terms eat defined in this rule shall have the meaning defined in the Texas Labor Code, if so defused. (1) Certificate of coverage (certificate)- A copy of a certif Cate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-$1, TWCC-$2, TWCC-83, or TWCC-$4}, 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, far 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 ofthe Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-$3, or farm TWCC-$4, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. . (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.09b of the Act)--With the exception of persons excluded ender 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 oz~ 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 `'i 4 I "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, off ce supply deliveries, and delivery of portable toilets. (S} Project--Includes the provision of all services related to a building or construction contract for a governmenta[ 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 f led with the appropriate insurance carrier or, in the case of aself-insured, with the 1 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 i 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 specifcations, all the provisions of paragraph {7) ofthis subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) ofthis subsection, require the contractor to perform as required in subsection (d) ofthis 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 certifcotes 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 i for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3}provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ifthe coverage period shown on the contractor's currant certif sate 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 certifcate ofcoverage, prior to that person beginning work on the project, so the governmental entity will have on file certifcates 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, ifthe coverage period shown on the current certifcate 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; (~ notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew ar 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 haw a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other pasting 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 tent for the notices shall be the following text provided by the commission an the sample notice, without any additional words or changes: Attached Gra hic ($) contractually require each person with whom it contracts to provide services on a project to: {A) provide coverage based an 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; (]3) 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 perriod 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 (Iq} contractualIy require each other person with whom it contracts, to perform as required by subparagraphs (A)-(~ of this paragraph, with the certif cats of coverage to be provided to the person far 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 ofthe 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 signiang 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 far 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 fled with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties; criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (S) 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 cerkificate 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 far the duration of the project and for one year thereafter; (~ 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 ar should have known of the change; and ($) contractually require each other person with whom it contracts to: {A) provide coverage based an 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 certif cafe 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 nevv certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration ofthe 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 far the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certifed 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 #o this end the provisions of this rule are declared to be severable. {g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, l 994. This rule is also applicable for those building ar 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 j {h) The coverage requirement in this rule does not apply to motor carriers who are required 1 pursuant to Texas Civil Statutes, Article 667Sc, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, 'I Article 667Sc, §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, §40b.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 far delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110. i 10 adopted to be effective September 1, 1994, 19 TexReg 571.5; amended to be effec#ive November 6, 1995, 24 TexReg 8609 i Page 7 of 11 T28S X 10.110(4}(7) "REQUIRED WORKERS' C4MPENSATI0IV COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance, This includes persons providing, hauling, or delivering equipment or materials, or providing labor ar transportation ar 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 S.i.2-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, ar to report an employer's failure to provide coverage. " Page S of 1 ~ ~, i' T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy 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, ar TWCC-84), shotiving 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 an the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -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 arty such entity, or employees of airy 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, ace supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of arty coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) far all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new 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 certif sate 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 an 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 cent fcate of coverage ends during the duration of the project. Page9o~1~ F. The contractor shall retain all required certificates of coverage for the duration of the project and for ane year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of a~zy change that ma#erially 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, farm and manner prescribed by the Texas Workers` Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The contractor skald 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: DI I (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 cert ~cate of coverage showing that coverage is being provided for old employees of the person providing services an the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certifrcate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new cent fcate of coverage showing extension of coverage, prior to the end ofthe coverage period, if the coverage period shown on the current cert~cate 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 ane year thereafter; (6) notes the governmental entity in writing by cert~ed mail or personal delivery, within 1 Q days after the person knew or should have known, of any change that materially a, Ejects the provision of coverage of any person providing services an the project; and (7) contractually require each person with wham 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 cert ~cate of coverage, the contractor is representing to the governmental entity that adl 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 aself-insured, with the commission's Division of Self- Page i 0 of 11 i 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. i F Page 11 of 11 '~ 1 LAGUNA SHORES ROAD REHABILITATION ,- OFFSITE WETLANDS MITIGATION PROJECT NO. E10067 i SECTION A - SPECIAL PROVISIONS .~ A-1 Time-and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official ~ advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located an the first floor of City Hall, 1201 Leopard Street, until 2 p.m., Wednesday, May 19, 2010. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: STD PROPOSAL - LAGUNA SHORES ROAD REHABILITATION OFFSTTE WETLANDS MITIGATION Project Na., E10067 Anv proposals not phvsicallY in passes:sian of the City Secretaxy's Office at the time and date of the bid_ ~openi~will be deemed late and nonres onsive. Late ra Deals will be returned uno erred to the ro Deer. 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 Cit Secrets 'a Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid o enin A pre-bid meeting will. be held on Wednesday, Ma 12, 2010, beginning at 2:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include a discussion of the project elements. Tf requested, a site visit-will follow. No additional. or se orate visitations will be conducted b the Cit . A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The removal of approximately 560 linear feet of 60" RCP storm sewer main .and associated headwall; installation of 10 Linear feet of new 60" RCP, a concrete outlet structure {approximately 64 cubic yards), 28 cubic yards of rock rip rap, and 38 cubic yards of 12" thick, compacted, crushed concrete for maintenance area; 4.5 acres of land clearing and stripping; 8,400 cubic yards af.excavation and 750 cubic yards of embankment (fill); 1,916 linear feet of bollard-and-cable fence with 2 anchor blocks; and eradication of Brazilian Pepper Tree vegetation. The Erasion and Sedimentation Control Plan includes: 660 linear feet of turbidity curtain, Section A - 5P (Revised 12115104} Page 1 of27 or similar device; 385 linear feet of silt fence; and a stabilized construction entrance, all in accox'dance with plans, specifications and contract documents. A-4 Method of Award The bids wi11 be evaluated based nn the Total Base Bid, subject to the availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The fallowing items are required to be submitted with the proposal: 1. 5 o Bid Bozid (Must reference LAGITNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION Project No. E10067 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Baxzk will a1,sv be acceptable.? 2. Disclosure of Interests Statement A-6 Time of Completion/Liqu3.dated Damages The working time for completion of the Project wi11 be 90 calendar da s. 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 and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services 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 August4 Days December 3 Days For each calendar day that any work remains incomplete after the time specified in the Contract -for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against- the- Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of Scctior- A - SP (Revised 12/15/U4) Page 2 of 27 ,_ i 1 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. l A-7 Workers Com ensation Insurance Covera e 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 ~I requirements of this Contract is not in effect on the effective date of 1 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 j insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the ~ requirements of this Contract, is in effect for those Contractor ~ employees, liquidated damages will .be assessed against and paid by the .Contractor at the highest daily rate elsewhere specified in this Contract. ~ Such liquidated damages will accumulate without notice from the City J 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 root permit subcontractors or others to work on the Project unless J all such individuals working on the Project are covered by workers' compensation. insurance and unless the required documentation of such coverage has been. provided to the Contractor and the City Engineer. A-8 k'axed Proposals Proposals faxed directly to the City wi11 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) Dabor preference and wage rates for heav~ and heavy and highway construction. zn case of conflict, Contractor shall use higher wage rate. Minimum Prevailin Wa a Scales. The Corpus Christi City Council has determined the-.general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. " The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit Section A - SP (Revised 12115104} Page 3 of27 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 (1 ~) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Caxa.tractor shall provide aforty--eight (48} hazer notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 887-8851 RVE, lnc. - D. Scott Jones, P.E. Traffic Engineering 826-354p Police Department 882-1911 Water Department 826-1880 (826-1888 after hours) Wastewater Department 826-1818 (826-1818 after hours) Gas Department- 88'5-6910 (885-6900 after hours} Storm Water 826-1875 (826-1875 after hours) Parks & Recreation 826-3461 Solid Waste Services 82 6 1970 A.E.P. 299-4833 (693-9444 after hours) Nueces Electrical Cooperati ve 38 7-2581 {1-800-632-9288 after hours) AT&T/CP&L 881-2511 City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 Cablevisian 857-50D0 ACSI (Fiber Optic} 887-9200 KMC (Fiber Optic) 813-1124 ChoiceCom (Fiber Optic) 881-5767 (1-800--824-4424 after hours) 857-1960 (857-5060 after hours) {Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) Section A - SP (Revised 12/15/0Q) Fage 4 of 27 1 CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Regional Transportation Authority 289-2712 ~ Carpus Christi ISD 886-9005 U.S. Postal Service 886-221.6 ~ TxDOT Area Office 808-2384 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 notc~uaranteed. ~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 na 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.1, 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 flamed 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. Ta b - ass the flow, the connections to the existii~a facilities shall be made over the ground surface by means of flexible and/or ri id i es. The i es used for b assin this flow shall be strong enough to resist traffic impact loads, and the size__of-the pipe ' shall be capable_of handling the incoming discharge but cause minimum' im act to tra€fic -flow and safet The construction of tem oars ravit flow lines, farce main lines,.. pumping equipments, plugs, flaw diversion ~~ ataructures, etc., required to maintain and control system flows shall be res ansibilit of the Contractor. It is also the Contractor's responsibility to make .all necessary repairs, relocations and adjustments to the satisfactioza of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public: Section A - SP (Revised 12115104) Page 5 of 27 The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the 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 Carpus 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. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractar. A-1~ Goastruction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed and replaced unless otherwise noted. •, •~e~r~r-ae-t-~er . , , 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 Contractar. Section A - SP (Revised 12115104) Page 6 of 27 ~ A-17 Eie1d Office NOT USED ,~ 1 -~ ,~ . } A-18 Schedule and Se ence of Construction The Contractor sYiall 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. ~ The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days px'ior j 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: In.diCate submittal dates required for a11. submittals. I i 4. Re-Submission: Revise and resubmit as required by the City Engineer. } 5. Monthly Update: Submit Updated Construction. Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Stakin The drawings depict lines, slopes, grades, sections,. measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for sett~.ng up a project, if not shown vn the drawings, will be provided by the A/E Consultant. The Contractor wi11 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 Surveyor ~8 hours notice so that alternate control points can be established by the City Su.rveyar as he deems necessary, at no cost to the Contractor. Control Section A - SP (Revised 12115104) Page 7 of 27 points or bench marks damaged as a result of the Contractor's negligence will be restored by the City Surveyor at the expense of the Contractor. Tf, for whatever reason, it is zaecessary to deviate from proposed line and. grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. The Contractor shall tie in or reference all valves axed manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The contractor shall. provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certifications shall be provided and prepared by a Registered Professional Land Survey (R.P.L.3.) licensed in the state of Texas: retained by the Contractor. The R.P.L.S. shall be approved by the. City prior to any work. Any discrepancies, noted by the R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: wastewater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) {TXDOT and RR permits) Water: • All top of valves boat; • Valves vaults rim • Casing elevations {top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim/invert elevations at manholes • All intersecting lines in manholes; • Casing elevations {top of pipe and flow line} {TXDOT and RR permits] A-ZO Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the' cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. Section A - SP (Revised 12/i5J04) Page 8 0£27 ,' i i 1 i Testing shall be performed as specified in the Construction Plans in accordance with the Standard Specifications and the General Provisions. A-21_ Project Simon . The Contractor must furnish and .install 1 project sign as indicated on the following drawings. (Attachment I) The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor: The location of the sign will be determined in the field by the City Engineer. A-22 Minority/Minority Business Batezprise 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 Carpus 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. zn accordance with such policy, the City has established. goals, as stated herein, both for minority and. female participation by trade and far Minority Business ~nterpri.se. 2. Definitions a. Prime Contraetax: Any person, association or joint venture as awarded a City contract. firm, partnership, corporation, herein provided which has been b. Subcontractor: Any named person, firm, partnership, corporation, association, ar joint venture as herein identified as ,providing wank, 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 ar Pacific Islanders. Far the purposes of this section, women are also considered as minorities. Minority person{s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1.. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b} -Far an enterprise doing business as a partnership,. at least 51.Oo of the assets or .interest in the Section A - SP {Revised I21I5lOh) Page 9 of 27 partnership property must be owned by one ar 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 'Fhe 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. 3. d. Minority: See definition under Minority Business Enterprise. e: Female Owned Business Ente rise: A sale 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. Far 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. 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 a SecEion A - SP (Revised 12115104) Page 10 of 27 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, r~ including approved change orders. The hours. of minority employment must be substantially uniform throughout-the length .~f the Contract and in each trade. The transfer of minority r~ ~ employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation, in these areas which have been achieved. The City Engineer may withhold monthly or final payments. to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) NOT USED A-24 Suret 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 ar 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 (l00) 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 (100) of the Surety Company's capital and surplus with reinsurers) authorized to da business in the State of Texas. The amount of the bond reinsured by any reinsures may Section A - SP (Revised L2/15144) Page 11 of 27 not exceed ten percent (lOe} 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. Far 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 NAT USED r , the-~e~ewing~t~e~it~t~-ie. ~~e}r-~hereef . m„ z~rcrr. ___..__r,__.-.._~ _____ ,.__~ 3 . ~~~~xde reed-e e~r~if~ _ __~ ~_,.. ee-tes~~,. ~ ~.r, : ,.v.. ~~r...~~_~. ~ ! - f ~ ~-se~te:>-e-r-es~~e eer~~€-~e~~e ~e ~ri~ _-~p,~-=== Section A - SP (Revised 12/IS/Uh) Page 22 of 27 '~ - 6 Su lemental Insurance Re irements a 2 rr ,~ For each insurance coverage provided in accordance with Section 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: r~ 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 ,~ ~ than e t o __ 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 E as additional insured on Worker's Compensation coverage. ~~ _ For contractual ~.iability insurance coverage obtained in accordance with Section 8-6-11 {a) of the Contract, the Contractor shall obtain an 1 endorsement to this coverage stating:- .Contractor agrees to indemnify, save harmless and defend the ~ City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all Lawsuits, claims, demands, liabilities, losses and expenses,. including court costs and attorneys' fees, for or on account of any injury `~ to. any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the ~~ work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, .~ servants, or employees or any person indemnified hereunder. .~ Section A - SP {lte~ised 12115104} Page 13 of27 A-27 Responsibility for Damage Claims NOS' USED ~Ce~rt-r~ete~-~ttts~--pr~~i~e l~s~ lit ie~gl e~te~- ' ==~u3~ee~+•e~=e~age-€e~ r pe~e~ee~s~e;~i~i~g ~~ i~s~r-~a~}ee-ee~~~er~.~ 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 far 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. Tf any such lien has nvt 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 t5) 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 limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the Section A - 5P {Revised 12115/04) Page 14• of 27 architectural submittal process, federal and state wage rate requirements, and contract class-out procedures. The superintendent shall be present, on the job site, at all times that work is being perfa~med. 2. The foreman must have at least five {5) years recent experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Foreman cannot act as superintendent without prior written approval from the City. ~~ Documentation concerning these matters 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 waiting 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 l administration staff during the term of this Contract. If the Contractor J fails to obtain prior written appxaval 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 Contracts pursuant. to section B-7-13. A-30 Amended "Consideration of Contract" Requix'ernents Under "General Provisions and Requirements far Municipal Construction Contracts" Section B-3-I Consideration of Contract add the fallowing text: Within five (5) working days following the public opening and reading of the proposals, the three f3} 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; j 3. A schedule of values which specifies estimates of the cost far each major component of the work; 1 4. A schedule of anticipated monthly payments far the Project duration. .i 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 .. Section A - SP (Revised 12115104) Page i 5 of 27 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 apprave 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 b~ substituted for or replaced during the term of the Contract, then the City Engineer retains the right to apprave any substitute or replacement subcontractor prior to its participation in the l~raject. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A- 29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Witha.>« five {S) days following bid opening, submit i.n letter form, information identifying type of entity and state, ~..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" 8-8-5 Poliey on Extra Work and Change Qrders 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,Q00.00. The Contractor acknowledges that any change orders in an amount in excess of $25,D00.00 must also be approved by the City Council. Section A - SP (Revised 12115104) Page 16 of 27 ~... A-32 Amended "E~cecution of Contrast" 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 far 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 j 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-y. ~~ 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, fouzth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications-with any other referenced specifications, such as the Texas ~ Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable}, construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 Git Water Facilities: S eciai Re irements NOT USED € i~ r ~ ~ - r~ r ~ --C i~ t r € ~ 1 ir e~e~ r e~---- s• t hi C ~ g we ~ - ~ ~ a ~ ~ # ~- n~---e~e3~ e a~ e r- ~t ~o1 g~~ t ~ e~, s-- -e ~ ~ ~~ ~ h e~ r e-e e e~ ~ li~ ~ t ~_ - ~ ~e == if i t h } e re- e----~ ~ ~ er-son a ~ ear eer- y ~~ e r-p ar - d ~ t ~ Ei~ h e~ ~ y ~i ~ ~ Pe~se~ ~ 7 ~een ~e ~ e , r ~ t ~ ~ e ~, h } ~ ~ •i d -- h ~ ~ a 3 - - € - ,- ~~ s~re - e~e ; , -,~e~ an . ~ e~ ee ~~ er~ f e ~e ~ aa ~ te-~t~e~e~rt 1. Section A - SP {Revised 12115Po4) Page 17 of 27 ~•~e~~~~~*~--e~~~e~~-esr~r~e•~, ~r~a3Fe~, e~e~~~e~~e~ a~j- ~~-'.== ~ ~ e~~~ ~~e~-~e--Ei-~~--3ve;t~~€~e ~ ~~3~~-a~~-~ ate-: -.A3-~e~xe~-~ ~•e~ e~~e~ee e~~~e~.~~~~~~ipFe=l.e~ ~e~~te~:~- ~~a~s~e~~e~ } e ar, ~~ ~~ts ~a3 ~a~ ~e~, a~t~ ~~e~ e e~~a~~~x ~a ~ a~ -~r~ -_-___--°--- -r== ---_---=-T== l T i ,., ~~ ~ G~ ~ ~ ~ ' '~• ~~w~'.......wa__...~ F. 1. 71 ATG~T /L4d L~ ~' ~^ i e~~~GeiRL'riTi~~ C ~~e ~ e ~'G"-'G e ~ ~ ~~ ~ ~ ~ ~ ~ ~ T T~~T.~ ~3. ' w~ ~ G~ ~~.,4 iF~ ~'C~a .~ q~ Prl~e 4 ^--y 1T' 1 __ F_~...t"l., .a ._, ~ 7 . _ __-- --"-__ _"--1f' e93~r'k•&~Fl~ ~~-i-~~~~~ra•~---e~g~e~ee a a..r.~: ra _..~: .. Section A - SP {Revised 12115144) Page 18 of 27 ~. r `~ r ~~ '~ ~~z ~E ~S r n :~= ~ F~~i ~~ : ~a r - "'- r~~1~•~~~i-~---E k~-e-S~ C ~ J r .J . ~ ~ .. . ~ ,~ y r r r _ r r r =r----- - -1 • r 1:•eas~ ~~~ee ~ ~ -~~~e~ ~ z~ ~-i~r- e e ~~ -~~i~ ~ ~ ~~~ e- 3~ , -ire- ~,~ ct~-,ae ~ ~ ~~ ~ e~~e~€-e ~~t-- -~~.e - ~S~~Fe e~ -~-e~a~ ~e~so~re~-e~ z-~---~ir~~ ~ ~ .~ ~; : v ~ ~1~ ~ _. Fie-=i~ ~-axe -~e~•~e•~e~i-~ ~t~~~~--s-t-~~€e i , ..s,,...,.W_ ~~ ..___ _---- 3 ~ , ~..1 Section A - SP f. (Revised 12/151U4) Pegs 19 of 27 A-36 Other 9vbmitta.Zs 1. Shop Drawing_Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Tzansmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with- an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor"s Stamp: Contractor must apply Contractor"s stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and. other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 20 of 27 g. Variations: Contractor must identify any proposed variations ~~' from the Contract documents and any Product or system -~ limitations which may be detrimental to successful performance _ of the completed work. h. ,Space Requirements: Contractor must provide adequate space for Contractor and Engineer rev~.ew stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made sixxce previous submittal. j. Distribution: Contractor must .distribute copies of reviewed submittals to subcontractors and suppliers azad instruct subcontractors and suppliers to promptly report., thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three {3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will ~.ot be approved for use an the project. A»37 Amended "Arrangement and Charge far Water Furnished by the City" Under "General Provisions and. Requirements for Municipal Construction Contracts"; 8-6-15 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 Coverage for Building or Construction Projects -- ,.~ _ for Government Entities The requirements of "Notice to Contractors 'B "} are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) Section A - SP (Revised 12115/0Q~} Page 21 of 27 A-40 Amendment to 5ectioa 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 NOT USED .. ~~~~~- ~..~ ~...~.~~.. .....~. ~....,,..~1 ~s.,.~. ~..~....~~ ... .-.....v.,,., var.. ~.t. .. rvi i ., T A-42 OSHA Rules & Re ulations It is the respoxzsibility 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 Iademrta.f~.catian & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-5-21 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 axial all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, ar their officials, employees, agents, ar consultants, or any work done under the contract or in connection therewith by the contractor, ar any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, axa.d 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 material man. 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 Section A - SP (Revised 12115104) Page 22 of27 ~~ costs and breakdowns, cost of materials and equipment, wage rates, etc.}. ~- This breakdown information shall be submitted by contractor as a basis far the price of the change order. A--45 As-Built Dimenaiona and Drawings {7/5/00) {a) Contractor shall make appropriate daily measurements of facilities constructed anal 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 Shaw as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (~.) Horizontal and vertical dimensions due to substitutions/field Changes. (2} Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. {5) Any other changes-made. A-46 Da.sposal of Highly Chlozinated water .(7/5/00) The Contractor shall be respoxzsible 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-Constxuation Exploratory Exeavatiorl.s (7/5/00) Prior to any construction whatever an the project, Contractor shall ' excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (3.0') 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. .3 ~i Section A - SP . j. (Revised 12115104) Page 23 of 27 i Contractor sha11 then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as we11 as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor .shall perform no construction work on the project until all exploratory excavations have been made in their entixety, the results thereof reported to the Engineer and until Cor~tractar receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Contractor shall provide all his own survey work effort (no separate pay} for exploratory excavations. A-48 Overhead Electrical Aires (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 anal 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 sha11 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", B-B-7.1 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 Maintenance and Control of Wastewater Flaws The Contractor shall be responsible for maintaining sewage flaws at all times within the existing sanitary sewer system and shall not restrict access to residences or businesses. It shall be the Contractor's responsibility to coordinate with the City Wastewater Division regarding any modifications to the existing system flow patterns, such as rerouting flows, or operation of any permanent or temporary lift station(s). This shall be applicable even in case of cave-ins. Any such system modifications wi11 be subject to approval by the Engineer and the City Section A - SP (Revised 12115104) Page 24 of 27 i _i .i Wastewater Division and shall not interfere with the proper operation and function of the wastewater collection ,system and shall not restrict access to residences or businesses. The Contractor shall be respansible for coordinating the review of any system modifications sufficiently in advance of proposed construction operations sa as to avoid any delays in same. Sewage or other liquid shall not be pumped, bailed or flumed over the street on ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes. The pipe used for bypassing this flow shall be strong enough to resist the traffic load, if any, and the size of the pipe shall be capable of handling the incoming discharge but small enough to not create hindrazace to the traffic flow or create any blockage or accident. The construction of temporary gravity flow lines, force maa.n lines. .Pumping equipment, plugs, flow diversion structures, etc., required to maintain and control system flows shall be the responsibility of the Contractor. The construction of temporary gravity flow lines, force main lines, pumping equipment, plugs, flow diversion structures, etc., required to maintain. and control system flows shall be considered subsidiary to the various bid items in the contract and shall not be measured for payment. The Contractor shall be responsible for providing access to the private properties and streets and maintain a smooth traffic flow during the entire construction phase of this project. A-51 Stormwater Pollution Prevention A stormwater pollution prevention plan (SWPPP) is required by the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality {TCEQ) for any project disturbing more than one (1} acre of land. The Contractor is respansible for the preparation, implementation and routine updating of the SWPPP booklets, as well as, submission of the required notificatians to the TCEQ. The Contractor is required to obtain all project certifications and signs from the TCEQ as required by the SWPPP prior to commencing construction on the project. The Contractor shall incorporate the Erosion and Sed~Cntentation Control Plan contained in the project construction plans into the SWPPP and shall install all temporary and permanent best management practices (BMP's} as described thereon. Strict compliance to all SWPPP items shown on the Erosion and Sed3metxtatiorz Control Plan shall be enforced. Improper implementation and maintenance of the BMP's could have a negative impact on the adjoining waterways, streets and private properties. The Contractor is required to perform all routine inspections of the BMP's as required by the TCEQ and specified in the SWPPP. If during the course of the project other minor BMP's are required to limit or control sail ar transport of sail, the Contractor shall implement these measures at na increase in the contract price. A-S2 Groundwater Discharge It is the intent that the Contractor discharge groundwater primarily into the existing stormwater system, provided that the quality of groundwater is equal to or better than the receiving body of water, Corpus Christi Section A - SP (Revised 12/IS/04) Page 25 of 27 ... 3 3 Bay. Testing of the groundwater quality is to be perfarmed by the City, at the City's cast, 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 far disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks ~ trucking to a sanitary sewer or wastewater plant, the costs for these _ operations shall be negotiated. Other groundwater disposal alternatives or solutions shall be approved by the Engineer an a case by case basis. Prior to pumping ground water from the trench to the sanitary sewer system the Contractor shall contact Wastewater Dept. at 361 826-I8I8 to obtain a _'`~ "no-cost" permit from the Wastewater Dept. City will require an estimate of groundwater flow. A-53 Amended Prosecution and Progxess Under "General Provisions and Requirements for Municipal Construction .? Contracts", B-7 Prosecution and.Progress, add the following: 3 "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 casts. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised i21i5104) Page 26 of 27 d ~~ f ~: 9 a 1 I ~ ~ r .% .; i I SUBMITTAL TRANSMITTAL FORM PROJECT: LAGUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION (Ca.ty Project No. E10067) OWNER: CITY OF CORPUS CHRISTI ENGINEER: RVE, Inc. attn.: D. SCOtt Janes, P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP {Revised 12115104} Wage 27 of 27 A G R E E M E N T THE. STATE OF TEXAS § COUNTY OF NUECES § ,~ THIS AGREEMENT is entered into this 22ND 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 Garrett Const~xction Ca~mpany_ +~ termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: Tn consideration of the payment of $322,094.35 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LAGUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITTGATTON PROJECT NO.E10067 (TOTAL BASE BID: $322,094.35) I according to the attached Plans and Specifications in a goad and f 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 i' ~I, Documents, including overseeing the entire jab. The Contract Documents include this Agreement, the bid proposal and instructions, i !I plans and specifications, including all maps, plats, blueprints, and ~l, 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. I II III IV V, , QTY & ITEM UNiT DESCRIPTION UNIT PRICE TOTAL BASE BID 1 1 GeneraUBonds/Mobilization complete and in ~ ~ $ ~ i~~`1~.CL ~ ~~ ~ ~ `~ ~~ ~ LS place per Lump Sum. _ 2 L Stormwater Pollution Prevention Plan (Erosion ~~ ~ °~ ~~' S controls listed separately beIow), complete and in i~ $ $ lace er Lum Surn. ~ 564 Remove and Haul Off Existing 60" RCP, complete $ ~~~ $ ~ + i ~~ ~} ~ ~~~ LF and in place per Linear Foot. 4 1 Remove and Haul Off Existing Headwall for 60" ~~a~ ~..~ $ ~ $ ~r ~~ , LS RCP, complete and in place per Lump Sum. i 5' L Concrete Outlet Structure {Including approx. 64 CY of concrete and 25 LF of handrail) com lete $ $ •~ ~~ S , p 1 and in lace r Lum Surn. 6 1 Trench Safety for Outlet Structure, complete and in $ -f`15, ~ S (~~~~ Q~ EA glace per Each. _ 7 L~ 60" RCP {Including 45° bend connection to existing pipe and connection to new concrete outlet $ $ ~Ci C ~' Q~' structure), com fete and in lace er Linear Foot. 8 10 Trench Safety for Pipe, complete and isi place per $ •'~ wss $ 1`~S} S D LF Linear Foat. ~ 28 8" to 12" Rock Rip Rap, complete and in place per $ f +~.~$~ ~~ $ ~~ ~ ~~, Q~l CY Cubic Yard. I0 CY 12" Thick, Compacted, Crushed Concrete Maintenance Area, complete and in place per $ ~J~~~ $ 3~.5~'~`~Q Cubic Yard. 11 4.5 Clearing and Stripping, complete and in place per $ ~,~~~,~ $ ~~I~~'Z •~~ AC Acre. 12 8,400 Excavation to Line and Grade per Plans, complete $ ~ ~ ~~~ $ ~3~' ~~~ Q~ CY and in place per Cubic Yard. - -• 13 750 Embankment (Fill) to Line and Grade per Plans, $ , j ,S~} $ ~~ ~a,~,a CY complete and in place per Cubic Yard. 14 8,000 Orange Plastic Construction Fence, cotplete and $ ~, C- $ ~~; , ~ ~ LF in place per Linear Foot. 15 LF Silt Fence, complete and in place per Linear Foot. $ ~''~5 $ (D~ ~ ` ~S Proposal Form Paee 3 of 7 I II III I'V v . Q~ & ITEM UNIT DESCRIPTION UNIT PRICE TOTAL BASE B ID -CONTINU ED 1 b 1 Stabilized Construction Entrance, complete and in $ ~T7 ` ~~ $ ~ J S r~~, EA place per Each. I ~ b60 Turbidity Curtain, or Similar Device, complete and $ ~•~,~~' $ ~ C} ~c~S,~ ~ t`~1 LF in place per Linear Foot. 1 S Ballard-and-Cable Fence (per TXDOT Detail PCF i `J~ ~~ $ I i: '~ ~~~ ~ ~~ 1 S LF near OS in plans), complete and ~ place per L $ . Foot. 19 2 Concrete Anchor Block, complete and in place per $~ r i, ~ $ ~~ ~(~ ,.~ EA Each. bSYO Hydromulch Seeding (Disturbances Outside l t d i l J i di i l A $ ~ ` ~~ $ ~~' ~~ 20 ace per reas}, comp e e an n p ur ct ona s _ S uare Yard. Brazilian Pepper Tree Eradication (Within 12-Acre L Area Bounded by the Ballard-and-Cable Fence and es i the ith P d Ed i A d W $ • ~ ~~ ~ ,~ ~ ~ -~ $ ~r~ ~~ ~ ~' 21 S ance w roce ur n a#ers ge n ccor ~ Appendix of the Contract Documents), complete and in lace er Lum Sum. TOTAL BASE BID (Items 1 thru 21) ~- ~~ ' ~`~ ~° 3~ Proposal Form Page 4 of 7 The Contractor wi~.l commence work within ten (1Q) calendar days from 'elate 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 wi11 pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPROVxD As To LECAI'. P'O . By: Asst. City Attorney ~A SST: ( Tf Ca p 'ration]; 5' y s( ea<1 Below) (Node: If Person .signing. for- •.` ,:. co~poration.is-not Preaiden~, attach copy of'authbraza~on °,~o--ssgn) `~ CITY OF BY= Juan Perales, r., P.E. Assistant Cit Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Garrett onstruction Com an By: Title: /~~ p.o.sox 1.oa8 (Address) INGLE$IDE, TX 78362 __ (City) (State) (ZTP) 361./776-7575 * 3fi1/77fi-3993 (Phone) (Fax) ~..... AUTHOK~~ED ~ cc~d~ci~ ~.~~,..~.. l~ PROPOSAL FORM FOR LAGUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION CITY PROJECT NO. E~.0067 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form PROPOSAL ~ .. Place: Date: ~~~"~C ~~ ~ '~Q ~ Proposal of ~ ~. ~ P '~ ~-Qrt'~S~T ULC'~`~ +~-> ~ .~- (~- ~~ , a Corporation organized and existing under the laws of the State of _ ~t'.~CCIS OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all Iabar and materials, tools, and necessary equipment, and to perform the waric required for: LAGIJNA SHORES ROAD REHABILITATION OrFSITE WETLANDS MITIGATION (City Project No. E10067) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Proposal Form Page 2 of 7 I II III ~ IV V QTY & , ITEM UNIT DESCRIPTION UNIT PRICE TOTAL BASE BID 1 1 GenerallBonds/Moksilization, complete and in $ ~~y~l~~.~3 $ ~pi (}l -j~ LS place per Lump Sum. ` Stormwater Pollution Prevention Plan {Erosion DO ~~ '~ ~~ 2 LS controls listed separately below), complete and in i~ $ $ •~ lace er Lump Sum. 3 560 Remove and Haul Off Existing 60" RCP, complete $ ~~ $ I + + ~.~ ~~ r ~~ LF and in place per Linear Foot. 4 l Remove -and Haul Off Existing Headwall for 60" $ •, . ~~ 4 $ ~! ~~! r LS RCP, complete and in place per Lurnp Sum. S l Concrete Outlet Structure {including approx. 64 CY of concrete a d 25 LF f handrail) com lete $ ` $ ~~ ~ ~~ LS , p n o ~ and in lace er Lum Sum. 6 1 Trench Safety for Outlet Structure, complete and in $ ~~~ ~1 $ C~~;~ra~ EA place per Each. _- 7 ~~ LF 60" RCP (including 45° bend connection to existing pipe and connection to new concrete outlet $ ~ ~ $ ~i~ ~ ~}' Q~ structure), complete and in lace per Linear Foot. 8 10 Trench Safety for Pipe, complete and in place per S ~~~ ~~~ $ ~~~5~ 5 ~ LF Linear Foot. 9 28 8" to 12" Roclc Rip Rap, complete and in place per $ f ~g~ jj~ $ (..~~ ~ ~~, ~~ CY Cubic Yard. 10 CY 12" Thick, Compacted, Crushed Concrete Maintenance Area, complete and in place per $ ~ ~ ~'~~ ~; 5 ~+~' ~Q $ Cubic Yard. ~_ _ _ ,,,,, 11 4•$ Clearing and Stripping, complete and in place per $ ~ "Z~ •~ $ t`a! ~ ~'~ ,~~ AC Acre. 12 8,400 Excavation to Line and Grade per Plans, complete $ ~~ ~~ $ ~~~ ~~~Qn CY and in place per Cubic Yard. 13 750 Embankment (Fill} to Line and Grade per Plans, $ ~ ~',~-~`j $ ~~ ~,~,~~QQ CY complete and in place per Cubic Yard. 14 8,000 Orange Plastic Construction Fence, complete and $ ~ r- $ ~~ ~ ,~, LF in place per Linear Foot. 15 I8F Silt Fence, complete and in place per Linear Foot. S +'~~ $ ~ ~ ` ~5 Proposal Form Page 3 of 7 I II III Iv ~' ' QTY & IiTEM UNTP DESCR1CrPTION UNiT PRICE TOTAL SASE B ID -CONTINUED 16 1 Stabilized Construction Entrance, complete and in $ ~'r~, .F ~ $ 5~7+f`~ EA place per Each. - l,~ 660 Turbidity Curtain, or Similar Deviee, complete and $ ~.~;~~ $ [ (~ ,>~~ , t~! LF in place per Linear Foot. l 6 Bollard-and-Cable Fence (per TXDOT Detail PCF i `J~ ~' ~ l~~' ~ ~~ ~ ~~ I S LF near OS in plans}, complete and in place per L $ G $ j Foot. l9 2 Concrete Anchor Block, complete and in place per $ ~f ~ $ ~~ ~C~ ,.~ EA Each. 1 ` 20 d, YO Hydrornulch Seeding (Disturbances Outside e er t d i l J ti l A l di i $ ~` ~~ $~ ~~~~ ~~~ S p e e an n p ac c ona reas), comp ur s r S care Yard. Brazilian Pepper Tree Eradication {Within i2 Acre 1 Area Bounded by the Bollard-and-Cable Fence and the d i Ed i A d ith P W ~ ~ ~~d ~~ $ ~~ ~~ QL $ 21 L3 ance w roce ures n aters ge n ccor _ Appendix of the Contract Documents), complete and in lace er Lum Suzn. TOTAL BASE BID (Items 1 thru 21) $ ~~ ' ~`~~ ~~ Proposal Form Page 4 of 7 ~ The undersigned hereby declares that he has visited the site and has carefully examined the plans, specif cations and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for-the guidance of the Contractor. .. Upon notification of award of contract, we will within ten (10 calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this . ~ contract and a Payment Bond (as required) to insure pa ent fvr all labor and materials. The bid bond attached to this pproposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Chnsti in the event the contract and bonds are not executed within the time above set forth as riqui.dated damages for the delay and additional work caused. thereby. . . MinoritylMi~aority Business Enterpprise Participation:. The apparent low bidder shall, within five days of receipt of bids, submit to the Citx En sneer, in writing, the names and addresses of MBE firms participating in the contract and a description o~ the work to be performed and its dollar value for bid evaluation purpose. ~ Number of Signed Sets of Documents: The contract and all bands will be prepared in not • ~ less than four counterpart (onginal signed) sets. ~ Time of Completiaia: The undersigned agrees to complete the work within 90 calendar ~ days _ from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do i all the work and famish alI materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. j Receipt ;,.,Jof the fallowing addenda is acknowledged (addenda number): Respectfully submitted: Name: Q...~O~- o)~ -~ rre{~' By: (SEAL - IF BIDDER IS ~NATUa~i~) a Corporation) Address: ~ ~ • ~~ (P O. Bo~~ (Street) (City (State) (Zip) Telephone: .~(Gl~ `~~(p"75 ~ NOTE: Do nit detach bid from other papers. {Revised August 2000) FiII in with ink and suhmit complete with attached papers. Proposa] Form Vane 5 of 7 P E R F O R M A N C E B O N D i STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 2304750 IQ?OW ALL BY THESE PRESENTS: TEAT Garrett Coaatructian CompaGx~Y of SAN PA'PRICIO County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * a corporation organized under the laws of the State of CALIF_ORNTA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of THREE HUNDRED TNENTY-T4~0 THOUSAr1D, NINETY-FOUR AND 35/100($322,094_.35) 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: * INDEPENDENCE CASUALTY & SURETY CO. T8E CONDITION OF THIS OSLTGATION IS SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND of JUNE , 20 10 a copy of which is hereto attached and made part hereof, for h construction of: LAGUNA SHORES ROAD REHABILITATION OFFSITE NETLANDS MITIGATION PROJECT NO.E10067 (TOTAL SASE BID: $322,094.35) NO~P, 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 in 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 W~REOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 29TH day of JUNE 20 to PRINCIPAL ~~~; SWANTNER & CORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Addres8 : p _ n _ Ro 8 70 _„ -- CORPUS CHRISTI, TEXAS 78403 Phone NrimbeS: 361-883-1711 (NOTE: Dale of Perfartnance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 --; GARRETT CONSTRUCTION COMPANY P A Y M E N T B O N D BOND N0. 2304750 STATE OF TEXAS § 1~iON ALL SY THESE PRESENTS COUNTY OF NOECSS § TEAT Garrett Conatrr=ction Company of SAN PATRICIO County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of cAL~FOxNrA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE HONORED TWENTY-TNO THOUSAND, NINBTY-FOUR ,AND ~~ 35/100($322,094.35} 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: * INDEPENDENCE CASUALTY & 5URETY CO. THE CONDITION OF-THIS OBLIGATION IS SOCH THAT: Whereas, the ~~ rinci al entered into a certain contract with the Cit of Car us p p Y P ~~ Christi, dated the 22ND day JUNE , 20 10 , a copy of which is hereto attached and made a part hereof, far the construction af: LACUNA SHORES ROAD REHABILITATION OFFSITE WETLANDS MITIGATION PROJECT NO.E10067 (TOTAL BASK SID: $322,094.35) ~~ NOH, 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 .~ an wise affect its obli ation on' this bond and it does hereb Y g Y -, 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 ..1 r 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 'w`1 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 FITNESS NSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 29TH day of ~i]NE 20 10 . PRINCIPAL L~ GARRETT CONSTRUCTION COMPANY J'ON J. GARRETT. PRESIDENT _ (Print Name & Title} ATTEST - ~ L~JBIICy: SWANTNER & GORDON INSURANCE AGENCY Coatact Pe='soa : MARY ELLEN MOORS ]I~ddrass : C(~RP iR C"NRTSrF'T _ T_F.}~AS_784(]3 P2iDne N~ier: 351-883-1711_ _ _ ~ ' (NpTE: Date of Payment Bond must not be grior to date of contract) (Revised 3/QS) Payment Bond ' Page 2 of 2 ~~®®~ ,CERTIFICATE ®F LIABILI~CY INSURANCE DP r~ ,POSSz DATE(MIwDDlYYYY) GARGUCi 06/30/10 PRODUCER THlS CERTIFICATE ES ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner & Gordon Tns Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi T31; 78403-0870 Phone: 361-883-1711 Fax:361-844-0101 INSURERS AFFORDING CDVERAGE NAIL # IN5URE0 INSURER A: Employer$ IIl3 00 pf Wausau INSURER B: Wausau ITnderwriters Iris 26042 Garrett Construction Company Live Oak Materials, Inc. INSUR£RC: Everest National Tns Co 10120 P O Box 1028 2n l®side TX 78362-1028 INSURER b: T®xas Mutual Ins Co 22945 g INSURER E: Traveler$ L1 ds Ins GO 41262 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN F53UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY R£OUIR£MENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF LNSUR NCE POLICY NUMBER DATE MIWO~lYYYY DATE MM~lPDUIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ S~ O O O, O O O A X COMMERCIAL GENERAL LIABILITY YYCZ91452429029 07/26/09 07/26/10 PREMISES {EaacCUrenCe) $100000 CLAIMS MADE ~ OCCUR / MED EXP (Any one person) $ 5 r O 0 O PERSONAL & ADV INJURY $ 1 ~ O O 0 ~ O OO GENERAL AGGREGATE $ 2 ~ 000 ~ OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • CDMPIOP AGG $ .2 , 00 0 , O O 0 POLICY X JECT LOC EHL 1, OOO, OOO AUT OMOBILE LIABIL]TY COMBINEDSINGLELIMIT accident E $1000,000 $ X ANY AUTO ASJZ91452429019 07/26/09 07/26/10 ) ( a ALL OWNED AUTOS /~ BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY P i $ X NON-OW NED AUTOS er acc ( dent) PROPERTY bAMAGE P id $ ent} ( er acc GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILITY EACH pCCURR£NC£ $ 2 ~ O O O ~ OO O C ~C OCCUR ~ CLAIMSMADE 7105000076091 07/26/09 07/26/10 AGGREGATE $ 2r000rOO0 $ DEDUCTIBLE $ RETENTION $ $ WOR KER S COMPENSATION X AND EMP LOYERS' LIABILITY TORY LIMITS ER D ANY PROPRIETORlPARTNERIEXECUTIV YIN ~ TSFOD01080533 O7/26/O9 07/26/10 E. L. EACH ACCIDENT $ 500000 OFFICERIMEMBER EXCLUDED? N {Mandatory in NH) , E.L. DISEASE - EA EMPLOYEE $ 50O ~ O 0 0 If yes, describe under SPECIAL PROVISIONS below E.L. pISL5A5E -POLICY LIMIT $ 50 0 ~ O 00 OTHER E Equipment Floater QT6600768C347TLC08 07/26/09 07/26/10 Di;SCRIPTION OF OPERATIONS 1 LOCATIONS !VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL. PROVISIONS Project: iraguna shores Road Rehabilitation Offsite wetlands Mitigation / Project No. >&14067 V GL/Auto: Additional Insured as required by written insured contract CFCITIFERATR FIRE r1Fp f_AtJRFi 16TIA[d SHOULD ANY OF THE ABOVE DESCRIBED POLICIEB BE CANCELLED BEFOR$ THE GIGO-GG DATE THEREOF, THfr I55U]NG INSURER WILL ENDEAVOR TO MAIL ~ 0 N DAYS WRITTEN / NOTICE TO THE CERTIFICATE HOLDER NAME:O TO THE LEFT, BUT FAELURE TO DO SO SHALL ~ City Of 00rpuS 0hrl St i ` 1 ~ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 3NSURER, ITS AGENTS OR Engineering Serv1C9S 11V~~ REPRESENTATIVES. Contract Administration AUT ESENTATIVE Po $ox 9277 y°~~ _ , ~ AcoRD as rsaosron C~ 1988-2E)09 lCCORD"C'bRPORaTIflN- OH riohts reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy{ies) mus# be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). If SUBROGATION IS WAIVED, sub)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurers}, authorized representative nr producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOAD 25 (2009101) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I'I' CAREFULLY. LIBERTY DirectSolntions fvr Contractors This rndursrmrnr m<xiifies insurance pru~~drd under the Fo31++wing: CU1•h1.•IERCL~LI., GENER.'d. I.L•1$ILI'IY C(.)VEIt.~GE P:~R"C This rndotsemcnt mexiifies insurance by broadening the insurance provided 6y CG OU OI. Index of modified items: Item 1-REASONABLE FORCE Item 2. -NON-OWNED WATERCRAFT EXTENSION Item 3. -ALIENATED PREMISES Item 4. -PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item S. - DAMAGE TO PREMI5E5 RENTED TO YOU -EXPANDED COVERAGE Item 6. -BODILY INJURY TO CO-EMPLOYEES Item 7. -HEALTH CARE PROFESSIONALS A5 INSUREDS Item 8. -NEWLY FORMED OR ACQUIRED ENTITIES Item 9. - BLANAE'I' ADDITIONAL INSURED AND WAIVER OFSUBROGATION-MANAGERS OR LE550RS OF PREMI5E5 Item 10. -EXPANDED BLAiVKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) stew 11. -BLANKET ADDITIONAL INSURED AND WATitER OF SUBROGATION -PERSON OR ORGANIZATION Item 12. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS Item 13. -ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL SUBDIVISION -PERMITS Item 14. -ADDITIONAL INSURED AND WAIVER OF SUBROGATION -LESSOR OF LEASED EQUIPMENT Itertt iS. -KNOWLEDGE OF OCCURRENCE Item 16. - UNINTENTIONAL ERROR5 AND OMISSIONS Item 17. -BODILY INJURY REDEFINITION Item IS. -MOBILE EQUIPMENT REDEFINITION Item 19. -SUPPLEMENTARY PAYMENTS Item 20. -LIBERALIZATION ~~ These changes broaden the policy sectiana described nnleas differing language u separately endorsed to the coverage part. Item 1. -REASONABLE FORCE EsCiusion a. of Covexa~,tr A is replaced by the Fiillnwing: a. Exprctrd ur Intended Injury "Bodily injury" or "property damagr" expected or intended from rite standrx~int of the insured. This exclusion d<~rs not apply ro "bcxiiiy injury" or "property damage" resulting, from the use of reasonable force to protect pees+rns or property. Item 2. -NON-OWNED WATERCRAFT EXTENSION Subparagraph g.{2) of Exclusion g. of Coverage A (tiectiun I - Cnverxgrs) is replaced t,y the Firllowing: . {2) .-~ watercraft you do nor own that is: {a) Less than 55 Fret long; and (b) lVut bring ur'rd For public transpunarion +rt as a common carrier. Item 3. -ALIENATED PREMISES 1. 5ubparal*raph j.(2) of Exeiusi~ms nF 5ectiun I - Cc~vrra~;rs - Bexlil}* Injury .jnd Properry Damage Liability is replaced by the FolluwitsK: LG 31 $p 09 47 Page i of $ {2} Premises ynu self, give away, ur abandon, if rhr "property darrsagr" arises out of any part rtf those premises, and ++ccurs from hazards that weer known bj' ynu, ur should have reasonably been knrswn Uy you, at the time the prupem• was uansfrtred ar abandoned. Item 4. -PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. tiuhparagraphs (3} and (4} of exclusion j. of coverage A. do nut apply except to (a} brrrrcrwrd eyuipmrnt, ur {b) "property damage" to prapntty ut ycsur cart, custody and contra) whelr in transit. This insurance does nest apply to any portion of a loss fist which the insured has available any other valid and cnQectibEr insurance, whether primary, excess, cuntinl;ent, nr un any other basis, unless such other insurance was specifically purchase) by the insured to apply in excess of this puliry. 2. Limits of Insurance tiubject to Paragraphs 2., 3., and 5. of tiection III -Limits l)f Insurance, the most we will pay fist insurance provided ley paragraph 1., above ic: 514,000 Each ()ccurrrnce Limit 525,000 ~l.;f,+rr~;ate Limit The Each ()ccurrencr Limit fur this cuvera~Ge applies nr all daRraKes as a result of any unr "uccuaencr" tr~Gardirss rsf the number of persons ur organizations who sustain damage because of that "+sctutrence." The il~reg-atr Limit is the most we will pay far the sum of all (rccurrrnces covered by this provision. Item 5. -DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE A. Fire, Lihtning ()r Expiusirsn Damage The last paragraph of 2. Exclusions under Section I - Coverage A i,4 replaced aay the following ECClu51[In4 C. ihr(y(sl.,h n. des nor apply to damage to prenvsrs rented ter you ut trmp(rrarily occupied by you with permission of the (owner when the damage is caused hV fire, lightnin};, nr explosion of subseyurnt damages resulting from such fue, lightning <rr rxplusicrn, includittiq warm damage. A separate limit of insurance applies to this coverage as described N 5ectian III -Limits of Insurance. B. Limits for Damage to Premises Rented m You Paragraph 6. of Section III -Limits of insurance is replaced by the fupowvtg: tiubject to 5. above, the pamage to Premises Rented to You Limit is' the must we will pay under Eoveragr A fur any combinanun oF: {a) damage caused by fire, lightning, err explosion or subseyurnt dama}[es resultitiK from such fire, lightning or explcssiun, includir~ water damage to prenuses rented to you, ur #emputarily tsccupird by ynu with permission of the owner; and (I~} "property dattsaKe" {other than damage 6y ftxe) to premises, includin}[ the contents of such premises, tented to you for a peri(sd of 7 err fewer consecutive days. Item 6. -BODILY INJURY TO CO-EMPLOYEES 1. Subject to the Each ()ccurrrncr Lunit and the General aggregate Limit, Paragraphs 2.a.(I)(a), (b} and (e) of tiECTI[ )IV II - VVhrr Is an Insured dc: not apply to your supervisory nr tnanati=ement "employees" fur "lxodily injury" only. 2. Subject nr the Each ()ccutrrnce Limit and the General _~1l{gtegate Litnit, Paragraphs 2.a.(1)(a), (b} and {e) of tiBCTI()N II -Who Is an Insured du not apply to your "employers" nr "vulunreer workers" for "h(xlily injury'" arising out of a G«sd tiamaritan act t(s a cu-"empluyre" ut cu-"volunteer worker." A Gu+xi tiamariran act means an attempt to rescue ur aid a pexsan in itrvniaent nr serious peril, provided the attempt is nut recklessly made. Dama};es owed to an injured ca-"employee'' or "valuntrer worker" will he reduced by any am+runt paid ur available to the injured co-"employer" ur "volunteer worker" under any other valid and collectible insurance. LG 318p 09 07 Page 2 of 8 Item 7. -HEALTH CARE PRO>~ESSIONALS A5 INSUREDS Paraygraph 2.a. (1) (d) of Section II - ltJhu Is .-1n Insured is deleted unless: (i) 5'uu are en},~agrd in the occupation ur business of protadirtg ur offering medical, surgical, dental, x-ray ur nursirtK services, treatment, advice ar inslructlan; ur (ii) The "rmplr,yer" has any other insurance that would a1.co cover claims arising under tlvs prr,thsion, whether the other insurance is prsrnan•, excess, cr)ntirygrnt o['un any rsther basis. Item 8. -NEWLY 1~DRMED OR ACQUIRED ENTITIES PataKraph 3. of Section II -Who Is An Insttrec! is replaced by the folluwinl; 3. .any organization, other than a jc,int venture, you newly acquire or form and aver which ynu maintain majurin• rwnership ur majority interest, will qualify as a Named Insured if there is nn other similar insurance available to that organization. a. Coverage under this provision is afforded nnly until i. the 180th day after you acquire ur form the organization; or ii. separate coverage is purchased for the nrgar)izatirm; or iii. the end of the pr)licy pcriud, whichever is earlier. b. Coverage A dues nut apply rn "brxiily injury" ur "ptopercy damaRr' that nccurrrd before ynu acquired ur formed the organizaric,n; and c. Coverage B duns nnr apply to "pets[rnal and advrrtisittR injury" arisittK out u£ an offense committed heF+xe you acquired ur formed the utgartizatiurl. Nn person ^r organization is an insured with respect to the conduct of any past paztrtrtship, currant pr past joint venture ur past limited liability company char is nut shown as a iVamed Insured in the Drclaratirms. Item 9. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES A. Section II -Who Is An Insured is amended to include as an insured any manager ux lessor of premises based 6y you in which the written lease agreement r)bligates ynu to pcrxutr additional insured cnveragr, provided that: 1. the "bodily injury", "property damage" r,t "personal and advertising injury" }giving rise to liability +,ccurs subsequent to the execution of the aRrrrrnent; and 2. the written agrermertt is in effect at the time of the "lx,diiy injury", "property dama}!e", "pezsunal and advertising injure' Fur which coverage is sought. That prison or organization shall be referred to as the additional insured. The coverage affunied to the additional insured is litrtitrd to liability in connection with the ownership, mait,renance ox use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of ynu, your employees, your agents, or your subcontractors. There is nu coverage far the additional insured far "boriily injury", "property damage" ur "personal and advertisinK injury" arising out of the sole negligence of the additi[,na.i insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured fi,x its sole negligence, then the coverage fox the additional insured shall conform to that a};reemrnt; provided, however, that the cancxactval indemnif-icatian langt,agr of the a},.reement is valid under the law r,f the state where the aprrement was Farmed. If the written a}gxeemenr provides that a particular state's law will apply, then such provision will hr h[,nored. B. Waiver Of 5ubrogatioa Fur any additional insured that obtains insured status on this policy through paragraph A., abnvr, we wstive any zil{ht of recovery wr n7ay have a;Kainst the additional insured because of payments wr make fi)r "bodily injury", "property damage" ur "personal and advertising injury" tr) which this insurance applies. C. Exclusions Thts EnSUranCC does not apply tr ): ~. -any "+rccurrrnCe" that takes place after yatl Cease Ca ~!' a [CnanC In that p[Cri1t5C5. LG 3184 09 07 Page 3 of 8 2. _~ny constntc[iun, renovatiein, demolition nr installation oprtatiuns performed b}• uz ern behalf of the _-~dditionai Insured. 3. :1ny premises fur which coverage is excluded by endorsement. D, Other Insurance 1'he insurance pmvided 6y this endarsrmenr applies ortly to cr>vrrages and lirreits c,f insurance rryuirrd by written agreement, but in na rvrnt raceeds ri[hrt the seupr ref coverage or the Eirrtits of insurance available within this policy. This insurance shall hr excess over any other insurance available ro the addiric,nal insured, whether xuch insurance is on an excess, contingent or primary basis, unless ynu are ubLiRated under a written aRrrrment w pru~ride Liability insurance fur that additional insured un any other basis. In that event, thin policy will apply solely on the basis reyuirrd by such wnttrn agreen~tent. To the extent that the additional insured has the right to pursue any other insurance carrier fur coverage, includiri}; a defense, we shall share that riKht with the additional insured. Item 1©. -EXPANDED BI.~lNKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR 1NSTAi.I.ATION EXPOSURES} A. Seetiaa II -Who Is An Insured is amended to include as an insured any person ur or~utizatian to whom you are obli~ted by a written a}perment to procure additional insured coverage, provided that: f. the "bodily injury,,. "property damage," of "personal and advertisinK injury" giving rise ro Liability r)ccttrs subsryuent to the rxrcutinn of the written agreement; and 2. the written a};rertttrnt is in effect at the time of the "brx3ily injury,' "property damage," ur "personal and advertising injury" fur which coverage is caught. That person ut c)tganizatiun shall be referred to as the addititnal insured. Thr covrral{r afforded to the additional ir-surrd is limited to liability caused, in whale ar in part, by rhr nrglrgrne acts r)r omissions of ynu, ynur employers, rrc)ur agents, r)r your subcontractors, in the getfatrnancr of your onKaing operations. This insurance dons nut agpiy tr) •'ba~lily injury." ur "prrsprrty damage,>• "gersanal anJ advertisint; injury" arising out of "your wuric" included in rhr "prrxlucts-completed operations hazard" unless you are required to provide such coverage for rhr additional insured by rhr written a~rrmrnt, and then only for rhr perirxi of time required by rhr written agreement and only fin liability caused, in whole ur in parr, by the negli;~ent acts or anugsiuns of you, your employers, your agrntx, or your subcc)nrracturs. There is no covrralyr fur the additional insured Eat "bodily injury", "ptnprrty damage" or "personal and advertising injury" arisinK out of the sake negligence of rhr additional insured ur by those acting un behalf of rhr additional insured, except as provided below. If the written aKrrement to indemnify an additional insured rryuires that you indemnify rhr addiriunal insured for its sale negligence, then rhr coverage Fur the additional insured shall conform to that aKrerment; provided, however, that the contractual indemniFicatir,n languaKe of rhr aWteemrnt is valid under the law of rhr state where rhr agreement was fr,ttrrrd. If rhr written agreement provides that a pardtctalar state's law will apply, then such provision wil! hr honoxrd. B. Waiver Of Subrogation For arty additional insured that obtains uncured status on tlus policy thrnugh paragraph ~., abavr, wr waive any riKht of reurverv we may have against the additional insured because of payments wr make &u "llodily injury", "property damage" ar "personal and advertisin}; injury" to which This insurance applies. C. Exclusions VC'ith respect tr) the.insurancr afforded to these additional insureds, rhr folluwin}; additional exclusions apply: LG 3180 09 07 Page 4 of 8 'Phis insurance dr,es not apply: 1. to "lxxlilY injury", "property damage" „r "personal and advrrasing injury" arising r+ut of the rendering oF, or the failure to render, am prr,fessional architectural, rnl,,tnrrriry; or surveying services, includung: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, rrpotts, sun~rvs, Field orders, change orders or drawings and specifications; or b. tiuper+•isory, insprctian, architectural c+r enKineering activities. 2. to "bodily injury" or "propern• tlamagr" that +>CCUrs during the ongoing uperanr,ns e,f a pn,ject whrrr too have purchased an (hvnrts & Contractors Protective Liability of Railroad Protrctrve Liability Policy for rhr additional insured. 3. when coverage is available under a consolidated (wrap up) insurance pro}nam to which rou are involved. D. Other Insurance The insurance provided 6y this rndonemrnt applies only ro a>vrrages and limits of insurance required by written al;termrnt, but in nu event exceeds tither the scope of coverage of the limits +,{insurance available within this p+,licy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is un an excess, cnntinkent or primary basis, unless you azr c,bligared under a written agreement to provide liability insurance for that additional insured on any r,thrt basis. In chat event, this polity will apply snleiy un the basis required by such w,ittrn agreement. Ti, the extent that the additional insured has rhr til{ht to pursue any outer insurance carrier far coverage, including a defense, we shall share that right with the additional insured. ~ r' Item 11. -BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - PER50N OR ~ ORGANIZATION A. Section II -- Who Is Au Insured is amrnrfrd to include as an additional insured any person ur nrgarfization to whom you art obligated by a written agreement ro prracure additional insured coverage, but only with respect to liability for "br+dily injury", "property damage" or "prrsona.l and adverosit~ injury" caused, in whole ur in part, by your acts or omissions or the acts or omissions of tllnar actin}; on your behalf: 1. In the prrforrnancr of y++ur angering nprratic,n.4; or 2. in cunnecti<,n with premises owned by you provided that. (a) rhr "b+,diiy injury,., "ptx,prrty damage" or "personal and advertising injury'. }wing-rise to liability occurs subsequent n, rhr execution of the al,~eemrnt; and (b) rhr written agreement is in tffrct ar the time of the "b<xlily injury", "property damage", "personal injury" or "advertising injury" Fur which coverage is snu};itt- That person ur ary,•at»zation shall be referred to as rhr additional insured. Thrrr is no coverage For the additional insured for "bodily injury", "property damage" ur "personal and advertising injury" arising out of the sale negligence of the additional insured or 6y those acting un behalf of the additional insured, except as provided below, If rhr writnen al{rermrnt to indemnify an adrlitiunal insured requites that you indemnify the additional insured fox its sole ne~;liE;rnce, then the covrra~~r fur the additional insured shall conform to that agreement; provided, howrvrx, that the contractual indemnification language of rhr agreement is valid under the law of the state where the agreement was formed. If rhr written aKrrrment provides that a particular state's law will apply*, then such provision will br honrrxrd. B. Waiver Of 5ultragatioa Fur any additional itasured that ol,tains insured status on this pc,licy through paral,•raph A., above, we waive any right of recc,ven• wr may have against the additional insured because of payments we make for "bodily injury", "property damage" ur "personal and advrrtisin}; injur{•" to which this insurance applies. LG 31 80 t39 D7 Page 5 of 8 C. Exclusions This insurance dues nut apply u-: L .any premises ut ryuiprnent leased tr- t'cru. 2. .any consttucttran, rennvatinn, demolition or installation operattuns performed by nr ran behalf of you, ur tlt+>se uprrattng on your behalf. D. Other Insurance The insurance provided by this endorsement applies ernly tc- coverages and limits of insurance revolted by written averment, but in nu event exceeds rather the scope of cnveral;e ur the Timifs ref insurance available within this policy. Tltis insurance shall br excess over any other insurance available to the additional insured, whether such insurance is nn an excess, contingent ur primary basis, unless you are ubEigatrd under a written agtermrnt to provide liability insurance for that additional inyurrcT .m any other basis. In that event, thi.K p.rliry will apply solely on the basis rryuirrd by such written agreement. Tea the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. item 11. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS A. Sectio>a II -- Who Is An Insured is amended tq include as an additional insured any architect, engineer, ur surveyor engaged 6y you but only with respect to liability far "bodily injury", "property damage" ur "personal and advettisin~. injury" caused, in whale or in parr, by y our acts nr omissions ar the acts ur omissions of those acting nn your 6rhal£ 1. In connection with your premises; nr 2. in the perfi-rmance of your +rngY>ing oprratiuns. H. Vi.'ith respect to the insurance affirmed to these additional insureds, the frrllnwirtR additional exclcatitnn applies: 'This insurance does not apply to "bodily injury", "pn-perry damage" or "personal and advrrrisirsq injury" arisinK nut of the rendering afar the failure to render any pec-fessiunal services by ur fur you, including: 1. The prepar'sttg, apprn`>tnl;, or failing to prepare nr approve, maps, shop drawings, c-piniuns, reports, surveys, field orders, change orders or dxawings and speciftcatiuns; ur 2.5upervisury, inspection, architectural ur rn~nerring activities. Item 13. -ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMIT5 Seetyva Il -Who Is Aa Insured is amended to include as an additional insured any stare, municipality ur pcrolitical subdivision with respect to any nprrariuns performed by you, ur. on your behalf, Fur which the state, municipality ur political subdivision has issued a permit linwrver, this insurance does not apply ta: 1. "Bodily injury," "prnpemr damage" nr "prrsc-nal and advertisinK injury" aritiing out pf nprrarinns performed for the state, municipality nr political Kubdivixion; or 2. .~.ny "Tardily injury" or "property damage" included within the "prrxlucts-c+-mpietrd operariuns hazard", except when rryuirrd by written crrntract ur agrrrmrnt initiated prior tr> loss; or 3, "13ndily injury," "property damage" <ir "personal and advertising injury," urdess negligently caused, in whole ur in part, by you ur those acting ran your behalf. Item 14. -ADDITIONAL INSURED-AND WAIVER OF SUBROGATION-LESSOR OP LEASED EQUIPMENT A. Section II -Who Is An insured is amended to include as an additional insured any person ur urganizatiun from whom you lease eyuipmrnt when you and such person or orl,~nization have agreed in a written a};rremrnt that such prrsun ur ur~ranizatiun br added as an additional insured nn your policy. Such prrsun ar +rr;Garuzatiun is an insured only with respect to liability for "b<rdily injurv", "property damage" ox "penonal and advertising injury" caused, in whole ur in part, by your maintenance, r rperatiun ur use of eyuipmrnt leased to vuu by such prrsun oc organization. "T"here is nu cuvertgr For the additional insured far "bodily injury", "property damage" ur "personal and advertising injure" arisinK out of the sole negly{rncr of the addiuernaT insured ur by those acting on behalf of rhr addiriunai insured. LG 3180 09 07 Page 6 of 8 .l person's +,r organization's status as an additional insured under this endorsement ends when the aKrerment with vnu for such leased ryuipment ends. S. Waive: of Sttbrogadiort Fur any additional insured that obtains insured status on this pnGcv rhruul,~h paragraph A., alx,ve, wr waive any ri{;ht of tecuvrrti- we may have a~,rainst the additional insured because ref pat•rrtents we make for "b+rdily injure", "proprm• damage" or "personal and advertising ir-jury" caused, in whole ur in pare, by yuue maintenance, uperanun or use c,f ryuipment leased to pau by such person ar ur~anlzatinn. C. Other Crsurattce This insurance shall be excess +rvrr any other insurance available to the additional insured, whether such insurance is nn an excess, cuntirtgenr or primary basis, unless Fuu are obligated under a written agreement to provide liability insurance fr,r that additional insured ern any nthc! basis. In that event, this lr,lic~ will apply sr,lrly on the bask reyuurd by such written agreement. Tu the extent that the additional insured has the tight err pursue any other insurance carrier far cr,vrragr, includinK a defense, we shall share that right with the additional insured. Itetr~ 15. - IQYOWLEDGE OF OCCURRENCE tiuhpara~aph 2.a., b. and c. of Condition 2. 5rction IV ~- Ce,nunercial General Liability Conditirms are amended tp add the fallowing: .~s used in this paraKtaph, the word `~~ou" refers to an "executive officer", partner, member ur legal representative, an_d any other "employee" with insurance or risk mana}*rmrnt rrsp+rnsibilitirs. Item 16. - UNINTENTIOriIAI. ERRORS AND OM1SS10NS ParaKraph 6. of tirctiun IV -- G ~ntmereial Grnrral Liability C+,nditic,ns is amended n, add the following: .-1ny unintrntional error ur e,rnission in the description of, or failure to completely describe, any prertusrs ur operations intended to br caverrd by this policy will not invakidate or affect coverage far Ehnse premises or operations. However, you muse rrp+rrt such error or umissir,n to us as srx,n as practicable after its discovery. This provisir,n Burs not affect our ril;ht Gr collect additional prrttattm nr excreter our ti};ht ref cancellation of non- rrnewal. Item 1T. -BODILY INJURY REDEFINITION The definitir,n of "h+,rlily injury" in tirction V - DEFINITIONS section is replaced by the folfowittg: 'B+x{ilr injury" means Ixxlily injury, sickness ur disease sustained 6y a person. It includes death nr mental attl,•uish, which results at any time from such physical harm, physical sickness ur physical disease. Mental anguish means any tvpe of mental or emotional illness or distress. Item 1B. -MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1} (a), (b) and (e) of 5ectiun V - Defutitir,ns does not apply u, self-propelled vehicles of less than l OW pounds ~{re,ss vehicle weiKht. Item 19. - SUFPI.EMENTARY PAYMENTS SecEiun 1 - Cr,veraKes, tiupplementary Payments - Covera};es A and Ii, item 1. b. and 1. d., respectively, are replaced with: b. Up to 82,500 for cost of hail bonds rryutred because ref accidents nr traffic taw violations arising nut of the use of any Yrhicke to which the Sadily Injury Liability Cc,vera~;e applies. Wr do not have to furnish these bonds. d. .ail reasonable expenses incurred by the insured at <rur request to assist us in the investi}*ation or defense of the claim nr "suit" including substantiated loss of earninKs up t+> 5500 a day because of time off farm w,rrk. LG 31 BO 09 d7 Page 7 of 8 Item 20. -LIBERALIZATION l~f 5ectian N - Commercial General I.iabilitt• Ctmeiitic>ns is amended to atfd rite following: I0, Lihrralizatinn IEwe arlopt a change in nor forms ,ar rule which would hn~adrn your n>vrrage without an extra charge, the hrnarlez coverage will apply to this polity. This extension is rffrctiue upr>n the approval of such baoatler ct~vrrage in yiaur state. Authorized Representative: J Name (Printed): R. M. Lee Titje (Punted): Managing Partner Swantner & Gordon Phis endorsement is executed by the I'rcrnium S I:ffecnve Dare 07/26/2009 Y:xpiraunn []ate 07I26l2070 ]+or attachment to i'„Gcq Nu. YYCZ9t 452429029 .ludic Basis Sscucd'fu ~r iE:c:AEI'.1RY' •~ ~~: ~ :uunterxi~, tcd by Essucwl .-..---'-- .iurhnurd Ke'~n.rurpe,ve ----'-' :riles ()Este and Nu. 1'snd. tiunaj Nu. LG 31$009 0'7 Pago B of 8 Policy Number: ASJZ91452429-©19 ~ j TWIS ENDORSEMENT CHANGES T#iE PdLICY> PLEASE READ irT CAREFULLY. ~'EXAS ADDITIONAL #NSURED This endorsement modifies insurance provided under the following: %~BUSiINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTQR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name and Address of A,ddltionat Insured: City of Corpus Christi Engineering Services Contract Administrator PQ Box 9277 Corpus Christi, TX T8469-927'7 pf no entry appears above, information required to complete this endorsement will be shown in thg Declarations as appticable to this endorsement.} A. Wha Is An Insured (Section II) is amended to include as an "insured" the persons} or organizations}shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person far whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Dec#arations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shalt be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mat; the additional Insured named in the Schedule or Declarations notice of any cancellation of this policy. IF we cancel, we will give 78 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. ® ISO Properties, Inc. Authorized Representa#Ive: Name (Printed}: R. M. Lee Title (Printed}; Managing Partner Swantner 8 Gordon Policy f~umber: YYCZ99452429029 TMIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~~TEXAS CHANGES _ AMENDMENT OF CANCELLATIaN PROVISIONS OR COVERAGE CHANGE This ertdarsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIAi31LiTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE .LIABILITY COViE±RAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLi1rTED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART in the event of cancellation pr material change that reduces or restricts the insurance aftarded by this Coverage part, we agree to mail prior written notice of canceliatlan ar material change to: SCHEDULE 7. Name: City ofi Corpus Christi Engineering Services Contract Administra#or PO Box 9277 ' Corpus Christi. TX 78489-9277 Z. Number n# cta s advance notice: 30 ® IsQ Praperttes, ine. Authorized Representative: Name (Printed): R, M. Lee Title (Printed): Managing Par#ner Swantner & Gardot~ Policy Number: ASJZ91452429-099 TI~iIS ENpORSEMi=NT GRANGES THE POLICY. PLEASE REAP IT CAREFULLY. TEXAS CANGELLATION PROVISION OR COVERAGE CHANGE ENQORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect th coverage provided by this endorsement, the provisions of the Coverage Farm apply unless modified by the endorsement. This endorsement changes the policy effective an the inception date of the policy unless another date is indicated below. Number of pays' Notice 3Q Days SCHEDULE Name Of Person Or Organization City of Corpus Christi Engineering Services Contract Administrator PD Box 9277 Corpus Christi, TX 78469-9277 If this policy is canceled ar materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule, Vile will give the numt~er of day's notice indicated in the Schedule. ® ISO Properties, Inc. Au#horized Representative: Name (Printed): R. M. Lee Title (Printed): Managing Partner Swantner & Gordon J ~ WORKERS' Ca11APE=f1iSATION AN#7 EMPLOYERS J~C~M LIABILITY INSURANCE POLICY In~ra>nceCammnv WC 42 D~ Q'~ TEXAS NOTICE OF MATERIAL. CHANGE ENDORSEMENT This endorsement applies only to the insurance provided 13y the poilcy iaecause Texas is shown in Item 3.A, of the Information Pegs. In the event of cancellation or other material change of the policy, we viii rna~ advance notice #a the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shelf not operate directly ar indil^edly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 3d '~ 2. Notice will be mailed to: Authorized Representative: City of Carpus Christi department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 ~.~GI~!?~/t/ ~/ Name (Printed}: R. M. Lee Title (Printed}; Managing Partner Swantner ~ Gordan Thle endareament changes the poky to which It is attached etiecifyq un the inoepltan date cf the poNoy untsfs a dltbrent data la ~cated below (The ralbMdng "altactrlnp clause need tae eomplated only when thta endorsement is taeued subt®quant to p-aparaHort orlhe polky} Th1s endoraemaM, aftectlwt on Policy No. TSf=-0009080533 20090726 Issued to Garrett Construcfion Company Premium ~ x112:01 A.M. standard time. forma a pad al of the TBxaa Mutual lnaurAnca Company Endaraement No, ~ ~ ~~ _ Authorized Reprasentatlve wcasoso~ Sao. ~-a41 INSURfD'S COPY BANAMBUR 7-31-2008