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Home My WebLink AboutC2010-466 - 9/28/2010 - Approved2010-466 M2010 -230 r 09/28/10 �sj Garrett Construction TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A, B & C PROJECT NO. 2291 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March, 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised. 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 • Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Ficld Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (NOT USED) A -24 Surety Bonds NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A 27 Rcaponaibility for Damagc Claims (NOT USED) A-28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Watcr Facilitica Spccial Requirements -(NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 "- - - - - = = - "NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities Rev. 12/2/99 Page 1 of 3 (NOT USED) A -40 Amendment to Section.B -8 -6: Partial Estimates A 4]. Ozonc Advisory (NOT USED) A -42' OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A 1C Diope,Ral of Highly Chl&rinatcd Watcr (7/5/00) (NOT USED) A -47 Pre- Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 021040 021080 022 EARTHWORK Site Clearing & Stripping S5 Site Grading S6 Removing Old Structures S55 022020 Excavation & Backfill for Utilities & Sewers S9 022022 Trench Safety for Excavations 022060 Channel Excavation S11 022080 Embankment S13 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 025205 Pvmt. Repair, Curb, Gutter, Sdwk. Dwy. Replacement 025222 Flexible Base High Strength S24A 025412 Prime Coat (Asphalt Material Only) S30 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat S30 025424 Hot Mix Asphalt Concrete Pavement (Class A) S34 025608 Inlets 863 025802 Temporary Traffic Controls During Construction 026 UTILITIES 026202 026210 026404 026406 Hydrostatic Testing of Pressure System S89 Polyvinyl Chloride Pipe S83 Water Service Lines S87. Private Water Service Lines 8112 027 SEWERS & DRAINAGE 027202 Manholes S62 027402 Reinforced Concrete Pipe Culverts 860 027610 Televised Inspection of Conduits Rev. 12/2/99 Page 2 of 3 028. SITE IMPROVEMENTS & LANDSCAPING 028300 Fence Relocation S12 03 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 (Includes Diagram) 037040 Epoxy Compounds S44 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings, & Covers S5 LIST OF DRAWINGS PART A - SHT 1 . SHT 2 SHT 3 SHT 4 SHT 5 SHT 6 SHT 7 SHT 8 SHT 9 SHT 10 SHT 11 SHT 12 SHT 13 SHT 14 PART B = SHT 15 PART C - SHT 16 SHT 17 SUNTIDE TO TULOSO RD. COVER SHEET QUANTITY, NOTES & TESTING PLAN & PROFILE STA 1 +00 TO 5 +80.17 PLAN & PROFILE STA 5 +80.17 TO 11 +00 PLAN & PROFILE STA 11 +00 TO 16 +00 PLAN & PROFILE STA 16 +00 TO 18 +33.67 CITY STANDARD STORM WATER DETAILS CITY STANDARD STORM WATER DETAILS CITY STANDARD WATER DETAILS CITY STANDARD WATER DETAILS CITY STANDARD WATER DETAILS DETAILS TRAFFIC CONTROL PLANS - PERIMETER SIGNAGE DETAILED TRAFFIC CONTROL PLANS ROLLING ACRES SUBDIVISION PLAN AND PROFILE STA 1 +00 TO 5 +33 EGYPTIAN DITCH PLAN AND PROFILE STA 1 +00 TO 4 +95 PLAN AND SECTIONS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Rev. 12/2/99 Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PROJECT NO. 2291, PART "A"; This portion of the project is located in Suntide Road and across the south side of the Al Amin Tract with a small portion crossing Tuloso Road. The project consists of 465 LF of 42" RCP, 1,171 LF of 36" RCP, 83 LF of 18° RCP, 1 connection to an existing 42" RCP, 1 Type `B" manhole, 6 post inlets 1,120 LF of swale grading, 200 SY of asphalt pavement repair, traffic control and trench safety. PART `B "; This portion of the project is located in Princess Drive and between Lots 19A and 20B, Rolling Acres Subdivision and consists of 433 LF of 24" RCP, 1 Type "B" manhole, 2 post inlets, 80 SF of concrete rip wrap plating, 30 SY of asphalt pavement repair, traffic control and trench safety. PART "C ", EGYPTIAN DITCH DRAINAGE IMPROVEMENTS; The portion of the project consists of 1,200 LF of channel excavation, 36 LF of 18" RCP, 1,000 CY of fire break access roadway.fill, 370 LF of 18" RCP under drain, 2 grate inlets, 1 Type "B" manhole, 900 SF of concrete riprap plating. All in accordance with the plans, specifications and contract documents. This project duration will be for a period of 180 calendar days. will be received at the office of the City Secretary until 2:00 p.m, on Wednesday, July, 14, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 02:00 p.m., Wednesday, July 7, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED i NOT REQUIRED BUILDERS' RISK See Section B -6 -11. and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B- 6 -11.or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS -- B NOTICE TO CONTRACTORS --B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) —A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage—Workers' compensation insurance meeting the statutory requirements of the - Texas Labor Code, §401:011(44). (5) Coverage agreement - -A written agreement on form TWCC -81; form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7).Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project; regardless of whether that person contracted directly with the contractor and•regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ($)-Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading.certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection-, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new .certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration.of the project; and (B) -no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that -the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards ofdocumentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the .project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on. the project; and (13) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) past a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by - the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in. both English and Spanish and any other language common to the worker population. The text for the notices shall be. the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based.on proper reporting "of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the" end of the coverage . period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within-ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing, this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and-payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case ofa self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (13) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person - beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each -other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided -to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end- the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to .Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (1) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate .executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7of11 T28S 110.110(d )(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project muse be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28s 110.110(c) {7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage far the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental -entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must. provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown 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 certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and - (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services an the project. 11. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the- coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, • in the case of a self- insured, with the commission's Division of Self- Page 10 of 11 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 breachfrom the governmental entity. Page 1 1.of 11 TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A, B & C PROJECT NO. 2291 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., July 14, 2010. Proposals mailed should be addressed in the following manner: City of Corpuo Chrioti City Secretary's Office City Eccrctaryio Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: HID PROPOSAL - TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A, 8 & C, PROJECT NO. 2291 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on July 7, 2010 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, TX. and will include a discussion, of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project PART "A "; is located'in Suntide Road and across the south side of the Al Amin Tract with a small portion crossing Tuloso Road and consists of 465 LF of 42" RCP, 1,171 LF of 36" RCP, 83 LF of 18" RCP, 1 connection to an existing 42" RCP, 1 Type `B" manhole, 6 post inlets 1,120 LF of swale grading, 200 SY of asphalt pavement repair, traffic control and trench safety. PART "B "; is located in Princess Drive and between Lots 19A and 20B, Rolling Acres Subdivision and consists of 433 LF of 24" RCP, 1 Type "B" manhole, 2 post inlets, 80 SF of concrete rip wrap plating, 30 SY of asphalt pavement repair, traffic control and trench safety. PART "C ", EGYPTIAN DITCH DRAINAGE IMPROVEMENTS consists of 1,200 LF of channel excavation, 36 LF of 36" RCP, 1,000 CY of fire break access roadway fill, 370 LF of 18" RCP under drain, 2 grate inlets, 1 Type "B" manhole, 900 SF of concrete riprap plating. Section A - SP (Revised 12/15/04) Page 1 of 23 A -4 Method of Award The bids will be evaluated based on the Combined Total Base Bid, subject to the availability of funds. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A, B & C, PROJECT NO. 2291 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National. Bank will also be acceptable.) 2. Disclosure of Interests Statement A -5 Time of Completion /Liquidated Damages The working time for completion of the Entire Project will be 180 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of ,cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (Revised 12/15/04) Page 2 of 23 In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. In case of conflict, Contractor shall use higher wagc rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified 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 (14) 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 8 -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is Section A - SP (Revised 12/15/04) Page 3 of 23 anticipated to proceed in the vicinity of any facility by using DigTess at 1 800 -344 -8377, the Lone Star Notification Company at 1-800-669-8344, and 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 882 -5521 Bass & Welsh Engineering Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 826 -1881 Wastewater Department 826 -1800 Gas Department 885 -6900 Storm Water Department 826 -1875 Parks & Recreation Department 826 -3461 Streets & Solid Waste Services826-1940 A E P 1- 877 - 373 -4858 S B C 881 -2511 (1 -800- 824 -4424, City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) (826 -3140 after hours) (826 -3140 after hours) (885 -6900 after hours) (826 -3140 after hours) A -12 Maintenance of Services 857 -1946 857 -5000 887 -9200 (Pager 800- 724 -3624) 813 -1124 (Pager 888- 204 -1679) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972 - 753 -4355 after hours) 857 -1960 (857 -5060 after hours) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no Section A - SP (Revised 12/15/04) Page 4 of 23 increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken other unwanted material becomes the removed from the site by the Co considered subsidiary; therefore, Contractor. asphalt, concrete, broken culverts and property of the Contractor and must be retractor. The cost of all hauling is no direct payment will be made to Section A - SP (Revised 12/15/04) Page 5 of 23 A -17 Field Office NOT USED field office at the construction site. The field effiee mgt contain at least leant 30" X 60" -and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 hour per day A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CAUDmDAR days. This plan must detail the schedule of work and must be submitted to. the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks per location required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant. Project Engineer, the required deviation Section A - SP (Revised 12/15/04) Page 6 of 23 would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also,. the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line both sides of street on a 208' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invcrt elevations at manholes; • All intersecting lints in manholes; water: • All top of valves box; • Casing elevations (top of Stormwater: • All rim /invert elevations • All intersecting lines in • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). at manholes; manholes; pipe and flow line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must furnish and install 4 (2 for Part A, 1 for Part B, and 1 for Part C) project signs as indicated on the following drawings (Attachment 2). The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/04) Page 7 ot 23 A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies combination of the foregoing under on a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.096 of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Section A - SP (Revised 12/15/04) Page 8 of 23 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, . procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15_% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's 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 Section A - SP (Revised 12/15/04) Page 9 of 23 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) Building Inopection Division at the various intervals of work for which a permit is required and to aoourc a final inapcction after the building is Occupancy, when applicable. Section R G 2 of the Ccncral rrovioiono is hereby amended in that the Contractor must pay all feet and chargca levied by tho A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer(s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Bcction B-6 22, Tax Exemption Provision, io deleted in ito entirety and the following subotitutcd in lieu thereof. Section A - SP (Revised 12/15/04) Page 10 of 23 Contracts for improvcmcnto to r al property awarded by thc City of Corpuo Christi do not qualify for exemptions of Coles, lxcioe, and Uoc Taxco unlcoo thc Contractor ciccto to operate under a ocparatcd contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of thc Tcxao Adminiotrativc Codc, or ouch other rulco or rcgulationo as may be promulgated by thc Comptroller of Public Accounto of Tcxao. If thc Contractor cicct3 to operate under a separated contract, he ohall. 1. Obtain thc neccooary aalco tax permito from the State Comptroller. 2. Identify in thc appropriate space on thc "Statement of Materials and Other Chargc3" in the propoxal form thc coot of matcrial3 phyoically i cerpeatcd into the Project. 3. Provide rcoalc ccrtifi atco to oupplicro. 1. Provide thc City with copico of material invoicco to subotantiatc the pEoposal value of materials. If the Contractor does not elect to operate under a ocparatcd contract, he Subcontractors arc eligible for 3alco tax exemptions if thc oubcontractor a13o complies with the above requirements. The Contractor must ioouc a resale certificate to the oubcontractor and the Subcontractor, in turn, A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating:. In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign,the,Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance - certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A - SP (Revised 12/1S/04) Page 11 of 23 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims NOT USED aragraph (a) Ccneral Liability of Section B G 11 of the Ccneral Provisions is amended to include: Contractor must provide Builder's Risk or Installation Floater insurance covcragc for thc term of thc Contract up to and including the date the City fraally accepts the Project or work. Builder's Risk or Installation Floater covcragc must be an' "All Risk" form. Contractor must pay all coots necessary to procure such Builder's Risk or Installation Floater insurance covcragc, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. Section A - SP (Revised 12/15/04) Page 12 of 23 A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B- 7-13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3.1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; Section A - SP (Revised 12/15/04) Page 13 of 23 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE .firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A -29 concerning Considerations for Contract Award and Execution and the. Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Section A - SP (Revised 12/15/04) Page 14 of 23 Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special. Requirements (NOT USED) Prior to performing work at any City water facility, the have on their person a valid car certifying their prior attendance will be offered by authorized City We and who dcDirc to perform any work within any City water faeiiity. Section A - SP (Revised 12/15/04) Page 15 of 23 thc City Watcr Department. C. Protection of Watcr Quality D. Conformity with ANSI /NSF Standard 61 All matcriala and equipment uucd in thc rcpair, reassembly, inspeetion of pumps, or any conform to Amcri an National Standardo In3tit1te /National Sanitation Foundation (ANSI /NSF) Standard G1 as dc3cribed in the Standard Specifications. tranoportation, rcimetallation, and thread compounds, coating°, or hydraulic equipment. Theism Itemo The Contractor shall provide thc Engineer with copico of written dard 61 approval for all matcriala which could come into contact with potable water. f subcontractors, must be contained at all timco at thc water faility oitc. Blowing trash will not be allowed. The Contractor ohall -keep work ar ea clean at all times and remove all trash daily. than orangc, bluc, or white. Each employee uniform mu °t providc company name and individual employee identification. telephone° arc not available for Contractor uac. H. Workimg houro will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor muot not uac any City facility rcatrooma. Contractor must providc own sanitary facilitico. J. All Contractor vchicica muot be parkcd at designated alto, a3 Section A - SP (Revised 12/15/04) Page 16 of 23 muot bc clearly labcicd with company name. No private employee personnel must bc in company vchielca. During werking hours, contractor cmploycco must not lcavc the- dcsignatcd—eanstruct4ea ar a nor wander through any buildings other than for rcquircd work or as directed by City Watcr Dcpartmcnt peraonncl during emergency evacuation _ �e ACQUISITION) Any work to thc computcr baocd monitoring and control system- muot be performed only by qualified tcchnical and supervisory personnel, as .determined by meeting thc qualifications 1 thru 9 below. This work includes -, but io not limited to, modifications, addition°, changed, ocicction3, furnishing, installing, connecting, programming, customising, debugging, calibrating, or placing in operatiea all hardware and /or aoftwarc cpccificd or rcquircd by thcsc opccifications. The Contractor or hio oubcontractor propo°ing to perform thc CC21Dl work mutt bc able to dcmon3tratc thc following: 1. He io regularly engaged in the computcr be meai.teriag mticipal water and wastewater industry. 2. He has performed work on oyotcmo of comparable size, typc, and complexity a3 rcquircd in thin Contract on at loaot 3. Hc hap been actively engaged in thc typc of work specified here4a for at least 5 yco.ro . 1. Hc employs a Itcgiotcrcd Profcooional Engineer, a Control perform thc work required by this specifications. 5. Hc cmploya peroonncl on the Prejcct who have aucccserfully and implementing the specific computers, coftwarc propoocd for the Contract. G. He maintains a permanent, fully staffed and equipped ocrvicc facility within 400 milco of thc Projcct oitc to maintain, repair, calibrate, and program thc 3y3temo 3pccificd herein. 7. He °hall furnish cquipmcnt which is thc product of onc manufacturer to the maximum practical cxtcnt. Whcrc this is not practical, all equipment of a givcn typc will be thc product of onc manufacturer. 8. Prior performance at thc O. N. Stevens Water Treatment Plant will bc used in evaluating which Contractor or Subcontractor programs the new work for this Project. 9. The Contractor shall produce all fillcd out programming blocko required to show thc programming as needed and rcquircd, to add thcic two sy°tcmc to the existi- SCADA 3y3tcm. Attached is an cxamplc of thc rcquircd programming blocks which thc City rcquirc3 to be filled in RTUS'3, and the programming phaoc. The attached ohcct io an cxample —and io not intended to chow all of the rcquircd ohccts. The Contractor will provide all programming blocks u3cd. Section A - SP (Revised 12/15/04) Page 17 of 23 L. Trenching Rcquircmcnta Plant shall be performed uoiag a backhoc or hand digging due to the shall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with .an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g• Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. -j- Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Section A - SE (Revised 12/15/04) Page 18 of 23 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. NOT USED "The Contractor must comply Frith the City of Corpus Christi's Water thc pre construction meeting. The Contractor will kccp a copy of the Plata. on A -38 Worker's Compensation Coverage for Building or Government Entities The requirements of "Notice to Contractors in this Special Provision. " are Construction Projects for incorporated by reference (NOT USED) Thc issuance of a certificate of occupancy for improvements dees not constitute final acceptance of the improvements under Ccncral Provision B 8 9 A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED nn ozone advisory has been issued, except for repairs. Thc City Engineer will notify Contractor about ozone alert. If a delay sueh as this is experienced, the day will not be ceuntcd as a werk clay and thc Contractor will be compensated at thc unit price indicated in thc proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. Section A - SP (Revised 12/15/04) Page 19 of 23- A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/0.0) NOT USED Contractor shall be responsible for the disposal of in the water, particularly high levels of chlorine, The water used for will be used for Section A - SP (Revised 12/15/04) Page 20 of 23 dia-iafection, and may exceed the permiaaiblc limts for diocharge into : e e co ouch as TNRCC, EPA, ctc. It will be the Contractor'c responsibility for diapooal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on 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 (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well 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 entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the. Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8 /24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11. Maintenance Guaranty, add the following: Section A - SP (Revised 12/15/04) Page 21 of 23 "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 Amended Prosecution and Progress Under "General Provisions and Requirements for. Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request a p yment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3; PROJECT No. 2291 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BASS & WELSH ENGINEERING CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 28TH day of SEPTEMBER, 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 Construction Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $414,327.45 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3; PARTS A, B & C PROJECT NO.2291 (TOTAL BASE BID: $414,327.45) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part. hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVE By: Asst. City Attorney AS TO LEGAL ATTEST : (If C ation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF ORPUS C ISTI 1. )e: By: Juan Perales, Jr.,P.E. Assistant Ci y Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Garrett Construction Company By: Title: v� . P.O. BOX 1028 (Address) INGLESIDE, TX 78362 (City) (State)(ZIP) 361/776 -7575 *361/776 -3993 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 ATPACHIOWf NO. 3 Page 1 of 6 _..] P R O P O S A L F O R M F O R TILL CREEK DRAINAGE BASIN IMPROVEMENTS PHASE 3, PARTS A, B & C PROJECT NO. 2291 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 6 P R O P O S A L Place: Date: l�Ltl� 1' 4,2_010 Proposal of elalirl CohstilkalOn a Corporation organized and existing under the laws of TeuS the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3, PARTS A, B & C, PROJECT NO. 2291 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 6 ATTACHMENT NO. 3 Page 2 of 6 BASE BID PART "A" SUNTIDE ROAD TO TULOSO ROAD DRAINAGE IMPROVEMENTS i ll 111 BID ITEM QTY UNIT DESCRIPTION Al 465 LF 42" STORM SEWERS A3 75. A4 A5 1 1 6 1120 A8 220 1 A9 LF LF' LS LS EA LF 36" STORM SEWERS 18" RCP STORM SEWERS CONNECTION TO EXISTING 42" TYPE B MANHOLE POST INLET SWALE GRADING Al 0 Ali 1720 Al2 ASPHALT PAVEMENT TRAFFIC CONTROL TRENCH SAFETY IV UNIT PRICE IN FIGURES a I.OD 36-AS 36 V BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES 0 LS EXPLORATORY EXCAVATIONS ADJUST INDIVIDUAL WATER EA SERVICES BEIM MEM LS IMOBILIZATION, DEMOBILIZATION, BONDS & INSURANCE A14 730 00 3 8.35 1 1 .'70% ro0 ar t -OQ ?34 00 a crib. 5 5a 0 ADJUST 6"- WATERLINE ALTERNATE, CHANGE 730 LF 36" RCP TO HDPE Alb All 1 A18 100 CONCRETE PAVEMENT REPAIR 2.1 . 0 I 0 ti .OD 5Y SEEDING A20 A20 UNANTICIPATED ALLOWANCE SUBTOTAL PART "A" proposal Form Page 3 of 6 06 10 000.00 r]rit<P, J 33 9.60 Lo LS0 (9D-1. ;o L1 0.00 �U.60 .3S 10 000:00 4s. al-N301 BASE BID PART "B" (DO NOT BID AT THIS TIME) PRINCESS DRIVE DRAINAGE IMPROVEMENTS BID ITEM EXTENSION (QTY UNIT PRICE IN FIGURES DEMOLITION AND REMOVAL OF EXISTING PIPE Proposal Form Page 4 of 6 ATTACH' NO. 3 Page 4 of 6 BASE BID PART "C" EGYPTIAN DITCH DRAINAGE IMPROVEMENTS I 11 111 IV V BID ITEM QTY UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) C1 1200 LE OUTEALL CHANNEL EXCAVATION r �! 10 K i • I a0- DO C2 36 18" RCP CULVERT 4.(Q. ,2-,1--1-11.1-1-0 C3 1000 FIREBREAK ACCESS ROADWAY FILL Si. t356 ob C4 370 18" RCP UNDERDRAIN [N.% % M•0° C5 2 GRATE INLET Sig I. qg 1,7N-3.go C6 1 TYPE 8 MANHOLE a; GI DD'. 'D a-; CI as . ,)-0 C7 900 CONCRETE RIP -RAP PLATING tQ • 511 I S )Q C8 1 SITE CLRING AND REMOVAL PER CRETREE t' G41 6 k 041 r 5 C9 2400 SILT FENCE l 1. UD 0 -to Co C10 1 MOBILIZATION & DEMOBILIZATION 11 fl . OO • tai ri5 QO C11 811 SEE I ING , .10 . 0 11M11 N NTIC PAT D AL OW NCE 10000. 1 001:'0 SUBTOTAL PART "C" 41A) )01.16 Proposal Form Page 5 of 6 1 ATTACIT NO. 3 Page 5 of 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Seta of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 180 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number):1 (SEAL - IF BIDDER IS a Corporation) NOTIN Respectful Name:. By: y submitted: C- 0/2/2�f7 J.e1 � w+ TIIRE) Address: D �U�C 0? (P.O. Box) (Street) soeg 1e, TiC -100' (city) (Stkte) (zip) Telephone: 3k cr lr 15(16 Do not detach hid from other papers. Fill in with ink and submit complete with attached papers. Proposal Form Page 6 of 6 (Revised August 2040) 650.51; G -{ AZR'AC1'1` NO 3 Page 6 of 6 P E R F O R M A N C E BOND BOND NO. 1962821 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Garrett Construction Company of SAN PATRICIO County, Texas, hereinafter called "Principal ", and THE HANOVER INSURANCE CO. , a corporation organized under the laws of the State of NEW HAMPSHIRE 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 FOUR HUNDRED FOURTEEN THOUSAND, THREE HUNDRED TWENTY -SEVEN AND 45/100($414,327.45) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 28TH of SEPTEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3; PARTS A, B & C PROJECT NO.2291 (TOTAL BASE BID: $414,327.45) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent. Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5TH day Of . OCTOBER , 20 10 . PRINCIPAL GARRETT CONSTRUCTION COMPANY By: : ✓s' JON J.ETT, PRESIDENT (Print Name & Title) SURETY THE HANOVER INSURANCE COMPANY By: Attorney10Kact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 PAYMENT BOND STATE OF TEXAS § BOND NO. 1962821 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Garrett Construction Company of SAN PATRICIO County, Texas, hereinafter called "Principal ", andTHE HANOVER INSURANCE CO. a corporation organized under the laws of the State of NEW HAMPSHIRE , 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 FOUR HUNDRED FOURTEEN THOUSAND, THREE HUNDRED TWENTY -SEVEN AND 45/100($414,327.45) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 28TH day SEPTEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 3; PARTS A, B & C PROJECT NO.2291 (TOTAL BASE BID: $414,327.45) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and othlir applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an Original, this the 5TH day of OCTOBER , 20 10 PRINCIPAL GARRETT CONSTRUCTION COMPA By: JON J. GARRETT, PRESIDENT (Print Name & Title) Qom. (:cci- L ( (Print Name & Title) SURETY THE HANOVER INSURANCE COMPANY Attorney- -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361 -883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVE ADDKISON, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORE Of Corpus Christi, TX and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, lithe following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No1100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fad shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 2010. THE HANOVER INSURANC E.COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZE . MICE COMPANY OF AMERICA. Robert K. Grennan, Asaistari President.:,, THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Noiery Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company, Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5TH day of OCTOBER , 20 IQ THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITf�3�U�.' CE CO Y O� ERICA r Step!, Brau 1 ssista i ice Pres r FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1 -800- 999 -9239 PARA INFORMACION, 0 PARA HACER UNA QUEJA, HABLE: 1- 800 - 999 -9239 COMPLAINT NOTICE - TEXAS Hanover insurance Group_ Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy, bond or certificate. If the problem is not resolved, you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091. FAX# (512) 475 - 1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy, bond or certificate. 231 -1314 TX (9-91) SUPPLIER NUMBER TO BE ASSIGNED BY cIT? PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for definitions. COMPANY NAME: UYie -1+ eurgy L-}-1 0:0 P. O. BOX: TO ia>C 1 OX _ STREET ADDRESS: PM D-1 2-b 5 ei Cuir .1- Roi CITY: TACjlCMa e, 1 ZIP: a- FIRM IS: 1. Corporation 8 4. Association 2. Partnership S. Other 8 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership m the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Title Nik 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur,- - Certifying Person; ton ype or Punt Ciaatit Title: realrknt Signature ofCertifyin: Person: Date: 1 ATTACHMENT 3 DISCLOSURE DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas_ e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements_" f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ATTACHMENT 3 DISCLOSURE PROOUCEA' CERTIFICATE OF LIABILITY Swantzoer & Gordon Ins Agcy -CC PO Bo C 870 Corpus, Christi TX 78403 -0870 phonf :361- 883 -1711 Fax :361- 844 -0101 TY INSURANCE OP IGARCOC°iA °ATE (IayDA/YYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFUR r�N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURED nett Con. rictics Ca np ny P O gOak10M3*terials, Inc. Ingleside TX 78362 -1028 COVERAGES NAIC 4 INSURER k Employers Ins Co of Wausau INSURER B: Wausau Underwriters Ins INSURER C: Great American Ins Co INSURER D: Texas Mutual Ins Co INSURER E Travelers Lloyds Ins Co 26042 16691 22945 41262 THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ml 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 POLICIE S. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INBR • TYPE OF INSURAI CE POLICY NUMBER POLICY EFFECTIVE DATE (MIIV YYYYJ POLICY EXPIRATION DATE (IYIDONYYYL LIMITS A �r 8 GENERAL LIABILITY ,W/ cOMMERCALGENEHILLL ILmr YTCZ91452429020 07/26/10 07/26/11 EACH OCCURRENCE $ 1,000,000 X P SES(Ea rence) 5100,000 s 5, 000 1 mums MADE fl OCCUR MED EXP (Any pro Pe WI PERSONAL & ADV INJURY s 1, 000, 000 GENERAL AGGREGATE l / s 2, 000, 000 GENT_ AGGREGATE MT APPUES PER PRODUCTS - COUP/OP AGG s 2 , 000 000 7 POLICY i� 1 ,sa LOC , AUTOMOBILE X /n LIABILITY �/ ANY AUTO Y ALL OWNED AUTOS SCHEDULED AUTOS AS=91452429010 07/26/10 07/26/11 COMBINED SINGLE LIMIT SEaa iderrt} 1. 000, 000 BODILY INJURY (Par perwi) $ A X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per ac derv) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS /UMBRELLA LIABILITY V • cLAIMSMADE DEDUCTIBLE RETENTION $ 1000 TUO0193649 00 07/26/10 07/26/11 V EACH OCCURRENCE `2,000,000 gloccUR AGGREGATE e.'41,000,000 $ $ X $ D WORK AMP EMPLOYERS' ANY PROPRIETORdPARTNERIEXECUT OFFICER/MEMBER (ryyaass SPECIAL PROVISIONS TION LIABILITY Y / N EXCLUDED? TSF0001080533 07/26/10 07/2a// 6/11 X TORY LIMITS ER - E.L EACH ACCIDENT s 500,000 M NI*) below E.L DISEASE - EA EMPLOYEE /7 $ 500,000 E.L DISEASE - POLICY UMIT $ 500, 000 E amen Equipment Floater QT6600768C347TLC09 07/26/10 07/26/11 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Till Creek Drainage Basin ITDproveents Phase 3 Parts A,B & C Project No. 2291 The City of Corpus Christi is named as Additional Insured on all General Liability and Auto policies as required by written insured contract CANCELLATION CICO -CC City of Corpus Christi Engineering Services Attn: Contract Administrator PO Box 9277 (Corpus Christi TX 78459 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO N NL 30 V DAYS WRITTEN NOTICE TO THE CERnRCATE HOLDER NAMED TO THE LEFT, HUT F*JLURE TO DO 80 SHALL IMPOSE NOOBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A UT�E9ENTATIVE ®1982009 ACOR z RA TA ACORD 25 (2009/01) & ON. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) Policy Number YYC -Z91- 452429 -020 Issued by EMPLOYERS INSURANCE COMPANY OF WAUSAU . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors (with Professional Liability) This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. 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 5. CONTRACTORS PROFESSIONAL LIABIIITY Item 6. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. BODILY INJURY TO CO- EMPLOYEES Item IL HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. NEWLY FORMED OR ACQUIRED ENTITIES Item 10.BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION- MANAGERS OR LESSORS OF PREP/ USES Item 11.EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12.BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION Item 13.ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS Item 14.ADDTIIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15.ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT Item 16.KNOWLEDGE OF OCCURRENCE Item 17 :UNINTENTIONAL ERRORS AND OMISSIONS Item IL BODILY INJURY REDEFINITION Item 19. MOBILE EQUIPMENT REDEFINITION Item 20. SUPPLEMENTARY PAYMENTS Item 21. LIBERALIZATION Thane changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. REASONABLE FORCE Exclusion e. of Coverage A is replaced by the following: a. Expected or Intended Injury • "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persona or property. LG 32 34 09 07 Page 1 of 10 Item 2. NON - OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I - Coverages - Bodily injury And Properly Damage Liability is replaced by the following: 2. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those per, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of Exclusion j. of Coverage A do not apply except to: (a) Borrowed equipment or (b) "Property damage" to property in your care, cuuody and control while in transit. This insurance does not apply to any portion oft loss for which the insured has available any other valid and collectible insurance, whether prirsary, excuser, cont, or on any other basis, anlaa such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of inswii ee Subject to Paragraphs 2., 3., and S. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph 1. above Is $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. CONTRACTORS PROFESSIONAL LIABILITY The following exchrsion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property danaagle" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. LG 32 34 09 07 Page 2 of 10 Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I— Coverage A is replaced by the following: Exclusions e. through n. do not apply to damage to premises rented to you or 'temporarily occupied by you with permission of the owner when the damage is caned by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of (a) Damage caused by fire, ling, or explosion or subsequent damages resulting from such fire, liglmniing or explosion, inchtding water damage to premises rented to you, or temporarily occupied by you with peon of the owner; and (b) "Property damage" (other than damage by fire) to premises, including the contend of such premises, rented to you for a period of 7 or fewer consecutive days. Item 7. BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1Xa), (b) and (e) of Section II — Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1Xa), (b) and (c) of Section II — Who Is An Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co-"employee" or co- "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- "employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "vohmteer worker" under any other valid and collectible insurance. Item 8. HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II — Who Is An Insured is deleted unless: LG 32 34 09 07 Page 3 of 10 (t) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, fit, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until: L The 180th day after you acquire or form the organization or ii. Separate coverage is purchased for the organization; or The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the orgmaization. No person or organization is an homed with respect to the conduct of any past partnership, cuusent or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item Io.BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — MANAGERS OR LESSORS OF PREl11IISES A. Section II - Who Is An Insured is amended to include as an iasu red any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that 1. The "bodily injury", "property damage" or "personal and advertising usury giving rise to liability occurs subsequent to the execution of the agreement; and 2. The written agreement is in effect at the time of the "bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought. That person or organization shall be refened to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. LG 32 34 09 07 Page 4 of 10 C„..VKIJ PRODUCEIH i • Swaatr & Gordon Ins Agcy -CC PO Bole 870 Corpu/d Christi TX 78403 -0870 phonos361 -883 -1711 Pam 361- 844 -0101 INSURED ULM I INVA I t Ur LIAr3ILI I Y INSURANCE OP ID OSA 'rett Construction Company piv SOOoaklMaterials, Inc. Ingleside TX 78362 -1028 COVERAGES 10/05/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: INSURER Bc INSURER C: INSURER D: Texas Mutual Ina Co INSURER E Travelers Li THE ANY MAY POLJCIE ESWIDIOL. POE-ICES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REOUIREMENT, TERM OR CONDRIDN OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PEFITAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH S. AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSUNCE POLICY NUMBER O A T(MMI D POLICY p UNITS A GENERAL uomulT COMMERCIAL GENERAL LIABILITY YYCZ91452429020 , 07/26/10 07/26/13. EACH OCCURRENCE $ x„000,000 X P S(Eeoccurreence) s 100,000 JCLAIMS MADE n OCCUR MED ED, (Any one persanj $ 5 , 000 PERSONAL AADVINJURY $ 1,000,000 s / 2,000,000 A. GENERAGGREGATE ' GEWI.AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POCKY ii l JEC4T 7 LoC B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AS.7E91452429010 07/26/10 07/26/11 COMBINED SINGLE UMIT (Ea ) 1,0 00,000 BODILY INJURY (Per person) s X X HIRED AUTOS NON-OWNED AUTOS BODILYlNJURY (Par acclaim) $ PROPERTY DAMAGE (Per gadding $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABIUTY i OCCUR El CLAIMS MADE DEOUCnBLE RETENTION $ 10 , ' 0 0 TUU0193649 00 07/26/10 07/26/11 ,- EACH OCCURRENCE $ 1,000,000 E AGGREGATE f ss 1, 000, 000 $ $ X $ D WORKERS AND EMPLOYERS' ANY 1' �ROPRIETORfPARTNEIVEXECIAIVN OFFiGERIMEMBER (Mandatery k yyea, dasaiba SPECIAL PROVISIOWS COMPENSATION UABNdTY YIN EXCLUDED? Tl3F0001089533 07/26/10 07/26/11 • • . X TORY OMITS ER E.L EACH ACCIDENT s 500,000 / E.L DISEASE - EA EMPLOYEE $ 500,000 InNH) under below EL DISEASE - POLICY LIMIT $ 500, 000 E OTHER Equipment Floater QT6600768C347TLC09 07/26/10 07/26/11 DESCtNPTION OF OPERATIONS! LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED LIT ENDORSE$ Nr l SPECIAL PROVISIONS Projects Till Creek Drainage Basin Improveents Phase 3 Parts A,B is C Project Mo. 2291 The City of Corpus Christi is named as Additional Insured on all General Liability and Auto policies as required by written insured contract CERTIFICATE HOLDER CANCELLATION CICO -CC City of Corpus Christi Engineering Services Attn: Contract Administrator PO Box 9277 !Corpus Christi TX 78469 -9277 ACORD 25 (2009!01) SHOULD ANY OF THE ABOVE DESCRIBED POLICES DE CANCELLED BEFO %THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO VAL 30 V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ®198&2009 OR ORATION. All rights renamed. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Policy Number YYC -Z91- 452429 -020 Issued by EMPLOYERS INSURANCE COMPANY OF WAUSAU . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutlons for Contractors (with Professional Liability) This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILTY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. 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 5. CONTRACTORS PROFESSIONAL LIABILITY Item 6. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. BODILY INJURY TO CO- EMPLOYEES Item E. HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. NEWLY FORMED OR ACQUIRED ENTITIES Item 10. BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION MANAGERS OR LESSORS OF PREMISES Item 11. EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 1Z. BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - PERSON OR ORGANIZATION Item 13. ADDITIONAL INSURED - ARCHITECTS, ENGINEERS OR SURVEYORS Item 14.ADDITIONAL INSURED - STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMv 1TS Item 15. ADDITIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item 16. KNOWLEDGE OF OCCURRENCE Item 17. UNINTENTIONAL ERRORS AND OMISSIONS Item IS. BODILY INJURY REDEFINITION Item 19.MOBILE EQUIPMENT REDEFINITION Item 20. SUPPLEMENTARY PAYMENTS ` Item 21. LIBERALIZATION These changes broaden the policy sections described Hales' differing language is separately endorsed to the coverage part. Item 1. REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. Expected or intended Injury . "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. LG 32 34 09 07 Page 1 of 10 Item 2. NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following; (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section 1- Coverages - Bodily injury And Property Damage Liability is replaced by the following; 2. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of Exclusion j. of Coverage A do not apply except to: (a) Borrowed equipment; or (b) "Property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limit: of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph 1. above is: $10,000 Each Occurrence Limit 125,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "ounce" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the suer of all occurrences covered by this provision. Item 5. CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily lnjwy And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, arr.6itectural or surveying services in your capacity as an engineer, architect or surveyor. LG 3234 09 07 Page 2 of 10 Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I -- Coverage A is replaced by the following: Exclusions e. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages . resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section 111 — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section 111 — Limits of lnsrrance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of (a) Damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "Property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 7. BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (e) of Section II — Who Is An Insured do not apply to your supervisory or management " employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 24.(1)(1), (b) and (c) of Section 11 — Who Is An Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "vohinteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co-"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker' under any other valid and collectible insurance. Item 8. HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section 11— Who Is An Insured is deleted unless: LG 32 34 09 07 Page 3 of 10 (1) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the • other insurance is primary, access, contingent or on any other basis. Item 9. NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3: of Section II – Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. ! a. Coverage under this provision is afforded only until: 1. The 180th day after you acquire or form the organization; or ii. Separate coverage is purchased for the organization; or iii. The end of the policy period, wlachever is earlier. b. Coverage A does not apply to "may injury" or "pro'paP " that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or put limited liability company that is not shown u a Named Insured in the Declarations. Item 10. BLANIi31T ADDITIONAL INSURED AND WAIVER OF SUBROGATION—MANAGERS OR LESSORS OF PREMISFS A. Section II – Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. The written agreement is in effect at the time of the "bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. LG 32 34 09 07 Page 4 of 10 If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through Paragraph A. above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any contraction, renovation, demolition or installation operations performed by or on behalf of the additional insured. 3. Any premises for which coverage is excluded by endorsement. D. Otherinsannee The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this Im y This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligaied under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To 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. EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that 1. The "bodily injury," "property age," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. The written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. LG 32 34 09 07 Page 5 of 10 This insurance does not apply to "bodily injury," or "preppy Aga" "personal and advertising injury" arising out of "your work" included in the "products - completed operations heard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employes your agents, or your subcontracctors. - There is no coverage for the additional insured for "bodily injury", "property damage" or "personas and advertising injury" arising out of the sole negligence of the additional 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 indemoify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indamsification language of the agreement is valid under the law of the state where the agreed was formed. If the written agreed provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through Paragraph A. above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily mhurr, "property damage?' or "personal and advertising injury" to which this insurance applies. C. Rickshas With reaped to the insurance afforded to these additional insureds, the following additional exclusions apply: This unwaoc a does not apply: 1. To "bodily injury", "property " or "personal and advertising injury" arising out of the tendering of, or the failure to render, any professional architectuwi, ea�neering or surveying service, including: a. The preparing, approving, or foiling to pry or approve, mops, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. To "bodily injury' or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. When coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of inamtame required by written agreement, but in no event meads either the scope of coverage or the limits of insurance available within this Pommy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless s the written agreement with you requires that the insurance provided for the additional insured be pricey concurrent or primary non - contributory, in comparison to the additional insured's own policy or policies. To 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 insu red. LG3234 0907 Page 6ofl0 Item 12.BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you; provided that (a) The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) The written agreement is in effect at the time of the "bodily injury", "property damage ", "personal injury" or "advertising injury" for which coverage is Sought. That person or organ iition shall be referred t0 as the additional natured. There is no coverage for the additional insured for "bodily injury", "property damage or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insansd, except as provided below. If the written agreement to indemnify an additional insured requires that you imde ramify► the additional insured for its sole negligence, then the coverage for the additional insured shall conform to. that agreement; provided, however, that the contractual indemnification language of the agrumnsent is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Snbregation For any additional insured that obtains insured status on this policy through Partin A. above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "pmpertyy damage" or "personal and advertising injury" to which this insurance applies. C. Excludes' This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your beisl£ D. Other Insurance The insurance provided by this endorsement applies only to coverages and limit of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. LG 32 34 09 07 Page 7 of 10 This insurance shall be excess over any other insurance available to the additional insured; whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement_ . To 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 13. ADDITIONAL INSURED - ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II - Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf 1. in connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising nljroy" Ong out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, soap drawings, opinions, reports, surveys, field ordas, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 14.ADDITIONAL INSURED - STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II - Wbo b An Insured is amended to inchrde as an additional insured any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, for which the state, municipality or political subdivision has issued a permit. However, this inaance does not apply to: 1. "Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 13. ADDITIONAL. INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED SED EQUIPM ENT A. Section II - Who is An Insured is amended to include as an additional insured any person or oration from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property dmnage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. LG 32 34 09 07 Page S of 10 There is no coverage for the additional insured for "bodily injury", "property age" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured A person's or orgainiation's status as an additional insured under this endorsement ends when the amt with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through Paragraph A. above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury'', "property age'" or "personal and advertising injury" caused, in whole or in part, by your maims, opeuxtion or use of equipment leased to you by such person or orlon. C. Otherinsuranee This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primaiy basis, unless you are obligated under a written amt to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the bads required by such written agreement. To 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 16.KNOWLEDGE OF OCCURRENCE Subparagraphs 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following: As used in this paragraph, the word " you" refer to an "executive officer", partner, member or legal rive, and any other "employee" with insurance or risk management responsibilities. Item 17. UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the follWwing: Any unintentional error or omission in the description of or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you moat report such error or omiaaion to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewaL Item 16. BODILY INJURY REDEFINITION The definition of 'bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical siclmess or physical disease. Mental anguish means any type of mental or..emottonal illness or distress. Item 14. MOBILE EQUIPMENT REDEFINITION Paragraphs 12.f.(1)(a)) (b) and (c) of Section V -- Definitions do not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. LG 32 34 09 07 Page 9 of 10 Item 20.SUPPLEMENTAR7t PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, Items 1.b. and 1.d., respectively, are replaced with b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to S500 a day because of time off from work. Item 21. LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following: 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Authorized Represented= Ceovf4e. Name (Printed): R. M. tee Title (Printed): Managing Partner Sw itner & Gordon LG3234 0907 Page 10of10 POLICY NUMBER: ASJZ91452429010 7 COMMERCIAL AUTO CA 20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are Insureds' under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 10/052010 Named insured: Garrett Construction Company Countersigned By: (Authorized Representative) SCHEDULE Name of Person(s) or Organisation(s): City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CI Policy Number. YYCZ91452429020 V Endorsement Number 1 Issued bv: EMPLOYERS INSURANCE COMPANY OF WAUSAU Endorsement Effective Date: 10/05/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL. LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. if we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or malting address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Persons) f Orgenlatlon(s): Email Address or mailing address: Number Days Notice: City of Corpus Christi PO Box 9277 r Christi, Texas 78469 30 / Corpus (l✓/ All other terms and conditions of this policy remain unchanged. Authorized Representative C2"4•4-- Name (Pointed): R. M. Lee Title (Printed): Managing Partner Savant ner & Gordon LA 99 224 09 10 Pagel oft Policy Number. ASIZ91452429010 Issued by: W AUSAU UNDERWRITERS INSURANCE COMPANY Endorsement Number 1 Endorsement Effective Date: 10/05/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under t e following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL UABIUTY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. Thls advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / orgsnixstion(s) P_rrmll Address or moiling address: Number Notice: City of Corpus Christi PO Box 9277 Corpus Christi. Texas 78469 30 All other terms and conditions of this policy remain unchanged. Authorized Reprssente m lf/ Y Name (Printed): R. M. Lee Title (Printed): Mansping Penner Swantnsr & Gordon LA 99 224 09 10 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS UAIRLITY INSURANCE POLICY WC 42 06 01 TEXAS NO'110E OF MATERIAL CHANGE ENDORSEMENT This endorsement apples only to the Intwran= provided by the policy because Texas is shown In Item 3.A. of the Information Pape. In the event of Cancella0ort or other mataehl Change of the polq, we will mall advance notice to the person or orp iddigtion mined In the Schedule. The number days advance rialto is shown in the Schedule. This endorsement shad not operate directly or hidimeh to bedsit anyone not nand in the Schedule. Schedule t. Number of days advance notice: 30 2. Notice ail be mailed to: Authorized Representative City of Corpus Christi department of Engineering Unites Attar: Contact Administer= PO Box 92T7 Corpus Chrir0, TX 7849277 CF-404•4 Name (Printed ): R. M. Lee Tes (Printed): Menacing Partner Swerrirrer & Gordan This endesomsel dheeeee are pole/ to atone a 1r aarelw elbielbe en ere teresendae el rte paw den s Mired deb it Mewled bolos . Ms Wain, tiaetdno Must need be easpleled alp alien sde ndereeenM Y bend susequeni to preprodie of be parley.) Ties nrderenned, etbatba a d tZOt A.M. *sided limn, fames peer et Policy No. TSF- 0001080533 20100728 oldie Texas Mutual tneurenos Camperry issued to Garrett Construction Company Premium $ WC4aeeel (tor 1+t) Endorsement Ms. rn""7-4„,=t Authorized Repress:delve 1 NSURED S COPY BAMAM8UR 7 -31 -2001