Loading...
HomeMy WebLinkAboutC2010-479 - 11/9/2010 - Approved(Revised 7/5/00) COR.MM4 T • M\THOYM LOOPING WATE . X i IMPR,OVEFMNTS Project No, E10032 Table of Contents NOTICE TO BIDDERS {Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) • Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 8/2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities SECTIONS 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 -19 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A -20 Testing and Certification of c cL. S1[jn (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy {Revised 10/98) • o -o _ {NOT USED) • A -24 Surety Bonds A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A 27 Pccoponsib,ility for Damage Claims (NOT USED) A -28 Considerations for Contract Award and Execution A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 -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) A -41 A -42 A -43 A -44 A -45 A -46 A -47 A -48 A -49 A -50 A -51 A -52 A -53 A -54 A -55 A -56 A-57 A -58 A -59 A-60 A -61 A -62 Ozone Advisory OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) Change Orders (4/26/99) As -Built Dimensions and Drawings (7/5/00) Disposal of Highly Chlorinated Water (7/5/00) Pre - Construction Exploratory Excavations (7/5/00) Overhead Electrical Wires (7/5/00) Amended "Maintenance Guaranty" (8/24/00) Technical Special Provisions Contaminated Soils Fences Protection of Public and Private Property Security Access Roads Parking Amended "Prosecution and Progress" Noise Control Dust Control Temporary Drainage Provisions Dewatering Additional Time of Completion /Liquidated Damages Information Related to Completion of Project - TECHNICAL SPECIAL PROVISIONS SECTION B GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATES AND REQUIREMENTS SECTION S - 021020 021040 022020 022022 022100 022420 023020 025223 025404 025412 025610 025612 025802 026202 026204 026206 026210 026402 026404 026409 026411 026416 028020 STANDARD SPECIFICATIONS - Site Clearing & Stripping - Site Grading - Excavation & Backfill for Utilities & Sewers - Trench Safety for Excavations - Select Material - Silt Fence - Jacking, Boring, Tunneling Crushed Limestone Flexible Base - Asphalts, Oils & Emulsions - Prime Coat - Concrete Curb & Gutter - Concrete Sidewalks & Driveways - Temporary Traffic Controls During Construction Hydrostatic Testing of Pressure Systems Polyvinyl Chloride Pipe Ductile Iron Pipe & Fittings PVC Pipe for Waterlines & San FM's AWWA C900/C905 Waterlines Water Services Tapping Sleeves & Valves. Gate Valves for Waterlines Fire Hydrants - Seeding 030.020 032020 038000 Portland Cement Concrete - Reinforcing Steel - Concrete Structures SECTION T ° TECHNICAL SPECIFICATIONS 2H17[1] - Removing and Replacing Pavements, Curb and Gutter, Driveways and Sidewalk LIST OF D WXNGS NOTICE AGREEMENT PROPOSAL /DISCLOSE STATEMENT PERFORMANCE r: OND PANWENT BOND • . NOW7OR TO kiXDIMERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS / PROJECT NO. E10032 consists of approximately 1700' of 8" water line work including 1150' of direct bury C900 PVC water line and 550' of directional (guided) boring using restrained joint C900 PVC pipe, utility adjustment, excavation and backfilling, dewatering, concrete sidewalk, pavement repair, traffic control and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, September 1, 2010 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday, August 25, 2010 beginning at 2:00 p.m. The pre -bid meeting will convene at The Department of Engineering Services Main Conference. Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5% 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 594 bid bond to the City as liquidated damages. Bidders plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTX0K TO CONTRACMRS - NOTICE TO CONTRACTORS A INS 3 ° .SCE REQUXR MN S Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-iDay Notice of •Cancellot =on 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 Ccllapse 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 disohar.ge; to include long -term environmental impact for the disposal of •contaminants• $2,000,000 COMBINED SINGLE LIMIT ❑ • REQUIRED ri NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED - Page of 2 The Ci tv 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 ant% questions regarding insurance r�q i rezelents , please ease contact the Contract Administrator at 880-3500. Page 2 of 2 NOT I CW-9 TO COY,i, ,_c\</ALt.... ORS NOTICE "0 CONT ° CTO SS V T A P E N C T O W _ Rg uoim7 N C J ui Page 1 of 11 TITLE 2@ PART 2 CHAPTER r r? SUBC IELA Tlk R B RULE' l!6.LTg TeKEE ©m. ? afi5tz hive Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Rej or i? ig Requirements far Budding or Cores r ecto K, Prdeets far Governmental Entities ies (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' eon-mpensat €ors 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, fled with the Texas Workers' Compensation Commission which ,- st..,l _ches a :e.lati.., _ship th" i, i tics for purposes of zine Texas W V1k is Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers` -. compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees_ This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include. activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the ir'sured w o are providing services or: ti-e 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 rnisleadirig 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 oo Jex a 1pei,od ends during the duration of the e project, and (IB) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shad: (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 prie)r to beginning work on the project; • (3) provide the govenimentaI entity, prior to the end .of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on -the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on vile for the duration of the- project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery; within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. i nis notice does not salmi.? 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 (S) contractually require each person with whore it contracts to provide services on a project 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 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 eontractorr, 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 Gil the current certi ieate of coverage ends during the duration of the project; - T' all required o f coverage f:1 for the f the f` (1 ) retain ate, vF s.+v�d.ca.�e on FlE�'. !.oI the duration U: C!fG project and for (Tee year thereafter; (G) notify the governmental entity in writing by certified nail or personal deliver:, witi- 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 (11) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(hl) of this paragraph,, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; ' (2) provide a ceiificate 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 wili be filed with the appropriate insurance carrier or, in the case or a self - insured, with the commission's Division of Self- lnsuran fie Regulation. Providin false or eislead info" i,, the _ Providing __.g _ � „ Aa.g + �i, riG.iivik may subject ��i 1�o1lLR LJ.4LU1 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 he project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration ofthe 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 • t roiect and send the notice witl-in ten d? ys after the person T' ,.evi or should have lr ewn 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 R=iling of any coverage agreements for all of its employees providing services co 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 ofthe 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 (1) 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 nrrw cie 1 to 11-.1e person rnr whr rr, the". are. ..rovid;nn service (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 6of11 (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, §40). • (i) The cover age requirement it i this rule does not apply to sole proprietors, partners, and F1' who �` the n n97r � and who t y corporate officers vvEfQ meet the requirements u7 tree Act, §�- V6.V� /��:�, a_riQ wF1Q are �xlS�rCi..�J 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 certif=icate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. SOU I've Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S I 10.110(d)(7) "REQUIRED WORKERS COMPENSATION COVERAGE" The k-w reques that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling. or deliver equipment or materials, or providing labor or transportation or other service related tc the project, regardless of the identity of their employer orstaius as an employee." "Call the Texas Workers' Compensation COMMiSSi011 at 512440-3789 to receive.i.nformation on the legal requirement for coverage, to verii5 ) whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28 i i 0.1 10(6)(7) Article Workers.' Compensation Insurance Coverage. A. Definitions: Certificate of coverage (;:certificate') - A copy of a certificate of insurance, a certificate of authority to seif insure issued by the cotnrniSsiori, or a coverage agreement (T WCC -81, TWCC..- 82, T W!CC -8'3, ter,` TWCC-84), showing statutory workers' compensation insurance coverage for . the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work 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 foodbeverage 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 f ling 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. L. If the coverage period shown on the contractor's current certificate of coverage ends during the duration o{. the pro ject, the contraCtor m unz, prior r L 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 front each person providing services on a project, and provide to the governmental entity: (I) 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 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 ; cates of coverage for the duration of the project (major one year thereafter. C. The contractor shall notf jr the governmental entity in writing by certified snail or personal delivery within 10 days after the contractor knew or should have known, of any change that ;materially affects the provision of coverage of any person providing services on the project. H. The .contractor shall post on each project site a notice, in the text, form and manner Texas prescribed by the exas Workers' Compensation CU 171tacion nfol �'LLl g atl.L persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 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 who 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; (S) 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 ?nail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the. breach within ten days after receipt of notice of breach :from the avernrnental entity. Page 11 of 11 SPEC:CAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, September 1, 2010. Proposals mailed should be addressed in the following manner: City of Corpua Christi City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS Project No. E10032 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 is scheduled for Wednesday, August 25, 2010 beginning at 2:00 p.m. The pre -bid meeting will convene at The Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of approximately 1700' of 8" water line work including 1150' of direct bury C900 PVC water line and 550' of directional (guided) boring using restrained joint C900 PVC pipe, utility adjustment, excavation and backfilling, dewatering, concrete sidewalk, pavement repair, traffic control and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total, Base Bid 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. Section A - SP (Revised 9/18/00) Page 1 of 26 Explanation of Measurement and Payment 1. PVC Pipe: PVC pipe will be measured by the linear foot (LF) of installed C -900 pipe not including bored lengths. Fittings will be measured as individual units for each installed. 2. Gate Valves and Boxes: This item will be measured by each (EA) individual gate valve of the size and type installed. This item includes but is not limited to the following work: a. Furnishing and installing gate valves as called for on the Drawings and specified herein b. Furnishing and installing valve boxes with covers. Top of the valve boxes shall match the finished grade c. Furnishing and installing a concrete . pad under each valve 3. Water Pipe Fittings (including plugs): This item will be measured by each (EA) individual fitting for each size and type listed on the Proposal. This item includes but is not limited to the following work: a. Furnishing and installing the fitting b. Include the cost of furnishing and installing any adapter, tap, blow off valve or special fitting required to complete the installation ready for use in the appropriate bid item 4. Fire Hydrants: Fire hydrants will be measured by each (EA) fire hydrant installed, including fittings on the main and gate valve. 5. Tie to Existing Water Line: This item will be measured by each (EA) location where a tie -in to existing water line is required. G. Directional (Guided) Boring: This item will be measured by the linear foot (LF) of installed pipe as specified for use in borings. 7. Reconnect Existing Water Services: Provide new corporation stop and service line per standard details to reconnect existing services. Reconnected services shall be paid for per each and include all work necessary to renew water service regardless of service size and location. 8. Remove & Replace Sidewalk: Remove and replace sidewalk shall be measured by the square foot (SF). 9. Traffic Control Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances concerning additional traffic control measures requested by the City. Payment shall be negotiated for each circumstance. 10. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 11. Seeding and Fertilizing: This item will be measured by the square foot (SF) of area seeded and fertilized. Section A - SP (Revised. 9/18/00) Page 2 of 26 12. SWPPP Items: Storm Water Pollution Prevention Plan items shall be paid for per a lump sum amount and include all work necessary to comply with TCEQ regulations and the general permit for construction activities. 13. Trench Safety: Trench Safety shall be measured by the linear foot for all trenches over 5' deep, and shall include the cost to provide trench safety as set out in Subsection 2B3 Trench Excavation. 14. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 30 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of- written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was . an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 30 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may Section A - SP (Revised 9/18/00) Page 3 of 26 withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A -7.,. Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage. for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this .Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -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 shall apply. When conflict in wage rates, the higher of the rates shall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Section C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work perfoLmed. 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. Section A - SP (Revised 9/18/00) Page 4 of 26 The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terns, and Section B -7 -6, Working Hours.) A -__ Cooperatio n with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 -8377, the Lone Star Notification Company at • 1- 800 - 669 -8344, and the Verizon Dig Alert at 1- 800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer, Urban Engineering -Mark Maroney Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP , SBC / A T & T Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 -3500 854 -3101 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826-1940 (826 -1888 after hours) (826 -1888 after hours) (885 -6913 after hours) (826 -1888 after hours) 1-877/373-4858 881 -2511 (1-800-824-4424, after hours) 857 -1946 857 -1960 857 -5000 (857 -5060 after hours). 887 -9200 (Pager 800-724-3624 225/214 -1169 (225/229 -3202 (M) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972/753 -4355 A-12 Maintenance of Services ices The Contractor shall Lake 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. Section A - SP (Revised 9/18/00) Page 5 of 26 Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13. Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at ali times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his. operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department_ A- 1 A 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. L-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 9/18/00) Page 6 of 26 A -17 Field Office (NOT USED) The Contractor mu:it furnish thc City £ngingiez er h� vc with a field chairs. The C ntract Chell meve the field office on thc cite ac required by thc A -1 8 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan trust also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to. the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 9. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Once a Mionth. Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion" and as noted above. b. The schedule of construction shall not conflict with.any provision of the Contract Documents and also that when the Owner is having other work done,, either by contract or by their own force, the Engineer may direct the time and . manner of constructing the work done under this Contract so that conflict will he .avoided anti the rnnetruct i nn n F vsri ells works being done for the Owner wili .be harmonized. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a. project of this nature. Major controls and two (2) bench marks required for project . layout will be provided by the City or Consultant Project Engineer. The Contractor will furnish all lines, slopes and measurements for control of the work. If, during construction, it is necessary to disturb or . destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be Section A - SP {Revised 3/18/00) Page 7 of 26 restored by the City. or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the .required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose.of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor ( R.P.L.S.) licensed in the State of Texas retained and paid by the Contractor. -The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: x_11 curb returns at point of tangency /point of c.rcumf -crcncc All Wastewater: .lions at manhole„ • Casing elevations (top of pipe and flow line) (TxDOT and RR permits) Water: • All top of valve boxes • Valve vaults rim • Casing elevations (top of pipe and flow line) (TxDOT and RR permits). Storm Water: • All rim /invert elevations at manholes • All intersecting lines in manholes • Casing elevations (top of pipe and flow line) (TxDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. SCHEDULE OF TESTING BY THE CITY: 1. Embedment, Fill and Backfill Laboratory Testing: (1) Gradation 4 Ea. (2) Moisture - Density Relationship 5 Ea. (3) In -Place Density -Tests 300 Ea. Section A - SP (Revised 9/18/00) Page 8 of 26 2. Concrete Laboratory Testing: . (1) Mix Design: One for each class of concrete. (2) Concrete Cylinders: (I set is 3 cylinders) a) Cast -In -Place Box Culvert 12 Sets b) Grated Box Culvert 8 Sets d) Junction Box 4 Sets e) Grate Inlets 4 Sets f) Concrete Pavement 4 Sets g) Balustrade 6 Sets 3. Flexible Base Course (See Subsection 025220) Laboratory Testing: (1) Moisture - Density, Relationship Proctor Curve) 5 Ea. ee (2) In -Place Density Tests 15 Ea. 6. Hot Mix Asphaltic Concrete Pavement (See Subsection 025424) Laboratory Testing: (1) Extraction Test 1 Ea. (2) Stability and Laboratory Density 1 Ea. (3) Field Density 20 Ea. SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Ccntract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or .equipment during y the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs (NOTE USED) The Contractor must fu-rn' 2lttachmcnt Ako Section A - SP (Revised 9/18/00) Page 9 of 26 Contractor. A -22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the-City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989; and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a.prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority persons) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: d. 1. Owned (a }" For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority: See definition under Minority Business. Enterprise. Section A - SP {Revised 9/18/00} Page 10 of 26 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% 25% b. These goals are applicable to all the constriction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or . from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation; substantiated by copies of paid invoices, shall be submitted by the Contractor to the City. Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation: by trade; which has been utilized on the Project, Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A--23 Inspection Required (Revised 7/5/00) (NOT USED) ction after the bailing is cempI -ctcd acrd ready for required by City. Section A - SP (Revised 9/18/00) Page 11 of 26 A -2' 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 (100) 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 reinsurers 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) Soction B-6 22, `lax and 'the. not qualify for cxcmptie c cf Sales, Exci. c, and Ucc Taxcc unlcso thc Contractor , Tax Administration-of Title 3�r Public Finance of the Tc::a Obtain the nccc Charges". in thc proposal form thc coot of material; physically incorporated into the Project- suppliers. the propo °al value of material°. If thc Contractor does ,not cl -cct to operate under a separated contract, he must pay Subcontracts s a eligible -for salcc Lax exempt/ certificate to his cupplicr. Section A - SP (Revised 9/18/00) Page 12 of 26 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 clays advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. .Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants( and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (13OTT USED} amended to include:- pairmcnt insurance coverage for the -term of the Contract up to and including thc date thc City-finally accepts the Prey -ect ems' work. Contractor must pay all coote necessary to procure such insurance - coverage, including any deductible. c Section A - SP (Revised 9/18/00) Page 13 of 26 A -2 8 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1 Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the.name and address of the . claimant, the amount of the claim, the basis.for the claim, and an explanation why the claim has not been paid. A. bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president .or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Fi el d Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which. the City Engineer makes this determination may include the following_ 1. The superintendent must have at least five (5) years recent experience in the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized. shall have at least five r ?t;cant. experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent.without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. . Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. Section A - SP (Revised 9/18/00) Page 14 of 26 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 (3) 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: A list of the major components of the work; 1. A list of the products to be incorporated into the Project; 3. .A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE fir.ns 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 suostituted 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. Section A - SP (Revised 9/18/00) Page 15 of 26 A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay tor 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 Am ided "Execution of Contractu • 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 -'l. A -3Q 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 spe..ci f i cat i on,c. Standard Speci_fi ceti one and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Viu Lor /Contractor Orientation Prior to performing cork at any City water facility, the Contractor, hio oubcontractorc, and cach of their employceo must have on their person a valid card certifying their Safety Orientation Program conducted by the City Water Department who do not have ouch a card, and who desire to perfo -'m aery work within ttaeh cnt . Section A - SP (Revised 9/18/00) Page 16 of 26 m r... -.�4 ... - - e� -amaze= water facility at any time. All such items must be operated by aft Dcp,..rtmcnt . protect the quality of the water. --tmo t to ittcn prcc- of uld conic Into c ioaact with potable water. B. - Handling and Disposal of Trash All traoh gcn rated lay the Contractor or hin employees, agents; or site. Blowin -g traoh will Bot be allowed. The C ntractcr ahall keep- work areas clean at a Contractor's J. All Contractor vehicle, must be parked at designated sit °, as designated by City Winer Department .,taff. Akl CentracteT vehicles must be clearly allowed at 0. Section A - SP (Revised 9/18/00) Page 17 of 26 K. C-e tra -ctor Qualifications SCADT • • . 0 e L. .. _ ACQUIS1T1ON) �Z we i-.1: to the computer perfermcd only by software spec]. 1. demonstrate the following: He in regularly engaged in the corpatnr based menitaring and projects. for at least 5 yco -r.. He employs a Registered Professional Engineer, a Control Spy -toms work required by this spccifi ations. 5. }c employs personnel on this Project who have successfully .6. -,..rzeme the specific computers, RTUS's, and software proposed for the Contract. He maintains a permanent, f�s11y .taffcd and equipped t .,its to maintain, service repair, 7. He shall furnish equipment which is the product of onc manufacturer to thc maximum practical extent. Where this is not practical, all equipment cf a given type will be thc product of be uocd in evaluating which Contractor or -ubc ntractor programs. the new wo these two system, to the czistin_g City SCADA .- ys-tcm. Attached i. an example _ _ - _ - _ - thc City the =-equ ed shoots-, The Contractor will provide all programming blocks used. L. Trenching Rcquircmct, 3. Stevens Water Treatment Plant shall be performed using a bockhoo or hand digg —due to thc number of en- -the prof -ect . A -36 Other Submittals • 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a_ Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution. to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. Section A - SP (Revised 9/18/00) Page 18 of 26 r-. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply. Contractor's stamp, appropriately signed or initialed; which certifies that review, verification of Products required. field dimensions adjacent construction work; and coordination of information, is all in accordance with the requirements of the Project and. Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. g. 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. 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. Test and Repair ku tic r.vrt When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended. "Arrangement and Charge .for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Cv„_incts', 5- 6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." Section A - SP (Revised 9/18/00) Page 19 of 26 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (Not Used) The issuance of a certifica} CZ- final cmcntc under Ccncral Prov lion 2-8 9. 4 -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8 -6_ Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on'days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day price indicated in the -pepe -sal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended_ Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier. officials , ozi 'V ees, agents, or consultants, or any wui t done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialmman, 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. Section A - SP (Revised 9/13/00) Page 20 of 26 A -45 As -Burr 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: Horizontal and vertical dimensions due to substitutions /field changes. ions. ".Namcplatc' data on all in: tallcd cquipmcnt. Deletions, additions, and changes to scope of work. Any other changes made_ Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction; A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall "pot- hole" or excavate and expose all existing utilities of the project that cross the proposed box .culverts or grate inlets and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting box culverts. For existino utilities which parallel and are within ten feet (10') of proposed pipelines . of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said rAr.al.le l �)ipe fines at �E 0- feet sa imun' Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of utilities excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing utilities. Contractor- shall perform no construction work until all exploratory excavations have been made in the area of the Phase being started, the results thereof reported to the Engineer and until. Contractor receives Engineer's approval of report. Exploratory excavations shall not be measured for payment. 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 Section A - SP (Revised 9/16/00) Page 21 of 26 shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -6.9' Amended "Maintenance Guaranty" (8/24/00) Under '`General Provisions and Requirements for Municipal Construction Contracts, B- 8-11 Maintenance Guaranty, add the following: The Contractor's guarantee is a separate, additional remedy available to, benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A -51 Contaminated Soils If', during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On -Site Stockpiles: Excess material from excavation, whether non - contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff„ and infiltration of 'contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non- Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site.. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil.is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil Section A - SP (Revised 9/18/00) Page 22 of 26 will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A -52 Fences All existing fences affected by the work shall be, maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by tha Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement; adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conauits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by. construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction. operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property,., regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. Section A - SP (Revised 9/18/60) Page 23 of 26 A_ -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A -56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project,, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities, A -57 Amended "Prosecution and n rogress'r _ Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound- muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit c ... v i ._.d to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument . panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A -60 Temporary Drainage Provisions Contractor shall provide for the drainage of.storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing. drainage. channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carryall increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and. the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. Section A - SP (Revised 9/18/DO) Page 29 of 26 A -6! Dewatef-! ncg This item is considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and /or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Marina. Testing of groundwater quality is to be performed by the City, at the City's.cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing_ Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary — sewer system. if discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857 -1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. A -62 Additional Time of Completion. /Liquidated Damages information. Related to Completion of Project The Contractor is hereby notified that time is of the essence on this project. Currently, the City is in the process of starting and completing other projects related to the storm water drainage system related to this project (status will be provided at the Pre -Bid Meeting). These other projects provide for connection of this project to the outfall into the bay. As noted in Section A -6, the working time for completion of the oroiect shall be �. C Calendar Days. The Contractor shall not make tie -ins to existing boxes, pipes, inlets, manholes, etc. until downstream segments by others are completed and the system ready for service. In the event that the other projects have not been completed prior to the Contractor completing installation of all segments of•this project, then the Contractor shall place construction operations on hold until said downstream system has been completed. Calendar days will not be counted against the completion date while construction is on hold due to downstream segment completion by others. Once the Contractor has been notified that downstream system has been completed, and that construction shall commence again, the Contractor shall re- mobilize within 5 working days (not counted against the completion date limit) at no additional cost to the City. The Contractor shall then proceed to complete the remainder of the utility work in a timely manner, within the remaining allotted calendar days. The Contractor shall have no claim for delay compensation. Section A - SP {Revised 9/18/00) • Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: Corban_ ownhomes Looping Water Main Imp roveraents , Project No. E10032 OWNER: City of Corpus Christi ESN t NEER: Urban_- Engineering CONTRACTOR: SUBMITTAL •• DATE : SUBMITTAL NUMBER: AR ?7.FCAB7�b. SPECIFICATION • OR DRAWING SUI MITTAL Section A - SP (Revised 9/18/00) Page 26 of 26 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 9TH day of NOVEMBER, 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 Bridges Specialties, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $158,776,88 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CORBAN TOWNHOMES LOOPING WATER•. MAIN: IMPROVEMENTS PROJECT NO.10032 (TOTAL BASE BID: $158,776.88) 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 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary 'By: Asst. City Attorney ATTE (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C +RPUS CHR TI By: Juan P= a es, .,P.E. Assistant Cit Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Bridges Specialties, Inc. By: \)--))-- - Title :tiC•S`�(�� 117 STOVALL (Address) SANDIA, TX 78383 (City) (State) (ZIP) 361/215-5141 * 361/597-1769 (Phone) (Fax) 02,Q1L-12.fL. AUTHORIZED frf COUNCIL 10 Page 3 of 3 Rev. Jun -2010 SECRET ib v CORBAN TOWNHONES LOOPING WATER MAIN IMPROVEMENTS PROJECT NO.E10032 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVI SED PROPOSAL FORM PAGE 1 OF 7 ADDENDUM NO, 1 ATTACHMENT NO, 1 Page 1 of 7 Proposal o OR P R O P O S A L Place: Date: -_�( a Corporation organized and existing under the laws of the State of L-G. (1.5 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: COREAN TOWNHOMES LOOPING WATER MAIN IMPROVFMENTS PROJECT NO. E10032 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: REVISED PROPOSAL FORM PAGE 2 OF 7 ADDENDUM NO. 1 ATTACHMENT NO. 1 Paae 2 of 7 CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS CITY PROJECT NO. E10032 BASE BID II III Iv v ji3ID I BEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES) A. WATER LINE LOOP IMPROVEMENTS A -1 A-2 1,163 LF 12 EA 8" PVC C -900, complete in place per LF 8" Gate Valve and Box, complete in place per EA $ , 9 ,a-?_ c 1 4'30 A -3 1 EA 8" x 6" Reducer, complete in place per EA Lp 3L1 A-4 A -5 3 EA 6 EA 8" Ductile Iron Tee, complete in place per EA 8" x 450 Ductile Iron Bend, complete in place per EA $ oa A -6 1 LS 8" Ductile Iron Pipe Deflection, complete in place per LS A -7 5 EA Fire Hydrant Assembly, complete in place per EA n cx�l raj C� 7 $�Q Cad A -8 . 4 EA • Tie to Existing Water Line, complete in place per EA C� d0 + OD $Q3) LL' , A -9 678 LF Directional (Guided) Boring Including Pipe, complete in place per ' LF .) ` Q ` �l ° $ � J A -10 2 EA Reconnect Existing Water Services, complete in place per EA 9Y-i. $ � 1 ! ! J,lU f A -11 406 SF Replace Concrete Sidewalk, complete in place per SF Oi3 C3 6 $��- A-12 1 LS Traffic Control Allowance (Mandatory Allowance), complete in place per LS $5,000.00 $5,000.00 A -13 1 LS Unanticipated Utility Allowance (Mandatory Allowance), complete in place per LS $10,000.00 $10,000.00 ADDENDUM NO. 1 ATTACHMENT NO. 1 Pace 3 of 7 REVISED PROPOSAL FORM PAGE 3 OF 7 CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS CITY PROJECT NO. E10032 BASE BID r II III IV V _` QTY & DESCRIPTION UNIT PRICE BID ITEM EXTENSION UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) A,--14 7,500 SF' Seeding and Fertilizing, complete in place per SF . rl/-ac) p( � $ ac, p1 --15' 1 LS SWPPP Items, complete in place per LS - �.�� $ �} Q ! . A..-16 1,163 LF Trench Safety, complete in place per LF 1 1 _ $ g f 1 � �6 J TOTAL BASE BID (Items Al - A16) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. ADDENDUM NO. 1 ATTACHMENT NO. 1 Paae 4 of 7 REVISED PROPOSAL FORM PAGE 4 OF 7 The undersigned hereby declares that he has visited the site an has carefully examined the plans, specifications and contract documents relating d - - -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 xnere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (1 p) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. - Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 60 Calendar Days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfu,.1y submitted: Name: s By (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address: I1'i 73.1- i1 (P.O. Box) k et rx (City) (State) Telephone: C.S(p) o It NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) REVISED PROPOSAL. FORM PAGE 5 OF 7 (Street) (Zip) ADDENDUM NO. 1 ATTACHMENT NO. 1 Pace 5 of 7 7 l l l 1 1 l '1 l PERFORMANCE BOND BOND NO. 5085459 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Bridges Specialties, Inc. of JIM WELLS County, Texas, hereinafter called "Principal ", and summer INSURANCE COMPANY , a corporation organized under the laws of the State of '3'F:xAs 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 ONE HUNDRED FIFTY -EIGHT THOUSAND, SEVEN HUNDRED SEVENTY -SIX AND 88/100 ($158,776.88) 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 9TH of NOVEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS PROJECT NO.10032 (TOTAL BASE BID: $158,776.88) 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 18TH day of NOVEMBER , 2010 PRINCIPAL BRIDGES SPECIALTIES, INC. By: (Print Name & Title ATTES 541„,/ L Ec7 7 (Print Name & Title) SURETY SURETEC INSURANCE COMPANY By: Attorney 3' -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: Contact Person: Address: SWAN'PNER & GORDON DISTTRANCR AGENCY MARY ELLEN MOORE 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 1 `i 1 1 1 l 1 1 1 1 1 1 l 1 1 P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 5085459 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Bridges Specialties, Inc. of JIM WELLS County, Texas, hereinafter called "Principal ", and SURE= INSURANCE COMPANY a corporation organized under the laws of the State of TEXAS 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 ONE HUNDRED FIFTY -EIGHT THOUSAND, SEVEN HUNDRED SEVENTY -SIX AND 88/100 ($158,776.88) 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 9TH day NOVEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS PROJECT N0.10032 (TOTAL BASE BID: $158,776.88) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The teams "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 18TH day of NOVEMBER , 20 10 . PRINCIPAL BRIDGES SPECIALTIES, IMC. By: (Print Name & Title) ATTEST (Print Name & Title) SUETY SURETEC INSURANCE COMPANY By: Attorney r -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Te2cas, 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 POA #: 4221023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Kiww All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in .Houston, Harris County, Texas, does by these presents make, constitute and appoint Randal M. Lee, Mary Ellen Moore, Amy Shumate, Tami J. Duncan its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: He it Resolved; that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with foil power and authority to appoint any one or more suitable persons as .Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions. Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instxurncnts so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any band or undertaking to which it is attached. (Adopted at a meeting held on 204 of April, 1999.) In Witness Whereof; SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. State of Texas County of Harris ss: SURETEC INS CE COMPANY sident On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in. Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of t f . Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Way Rao State of Texas Pxpipes August V.2ota M Ong Michelle Denny, Notary P ►Ik My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney, executed by said Company, which is still in full force and effect: and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Huston, Texas this 18TH day of NOVEMBER , 2010 , A.D. h M. Brent ty, Assis nt Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (t'1.3 8124500 any business day between 8:40 am and 5:40 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1 -866- 732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1- 800 - 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax #: 512- 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. itte. CERTIFICATE OF LIABILITY INSURANCE 1 D TEDAWDE yyyY) 1.2/2%2020 THIS CEORTIFICATE I5 ISSUED: AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS cERTIFl.CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES mow__ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REpRESSENTATTVE OR PRODUCER, AND THE CERTIFICATE MOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tennis and commune of the policy, certain policies may require an endorsement Astatement on this certificate doss not confer rights to the certificadte holder in lieu of such endorsement(s). PRODUCER JEFF BERNSEN INSURANCE AGENCY 5110 Holly Road Corpus Christi, TX 78411 eUNrALr NAME: No.E„I): (361) 991 -1683 (NC, No): (361) 991 -0202 cwestbrook @bernseninsurance.com CUSTOMER IDS -- INSURERS) AFFORDING COVERAGE NAIL* INSURED Bridges Specialties / Brian Bridges {/ 117 Stovall Sandia, TX 78383 INSURER A: Catlin Specialty OCCUR INSURER B: Texas Mutual INSURER C: Federal Insurance Co INSURER D: EACH OCCURRENCE INSURER E: X INSURER F: COVERP.GES RTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFI CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mart L7R TYPE OF INSURANCE ADCL . SL YYVO POUCY NUMBER • i7 - (MMIDOIYYYY) ,IMMUDDIYYYYj ,'J 1 EXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL jCLAIMS -MADE LIABILITY X OCCUR GLS- 100612 -0511 005/10/10 EACH OCCURRENCE $ 1,000,000 $ 100 , 000 X PREMISES (Ea occurrence) MED EXP (Any onspe n) S 5, 000 05/10/11 PERSONALaADV INJURY $ 1,000,000 GENERAL AGGREGATE 1� 2,000,000 GEN' L AGGREGATE LIMIT APPLIES PER: POLICY n JECT fl LOC PRODUCTS - proem P AGG $ 2,000,000 $ AUTOMOBILE AUTOMOBILE ----- LIABILITY - ANYAUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) S . BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MACE XSS- 100617 -0511 05/10/10 05/10/11 - / y EACH OCCURRENCE $ 1 000 000 X AGGREGATE $ 1 , 000, 000 DEDUCTIBLE RETENTION $ $ S g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIErOR/PARTTffWEXECUTME (Mandatory In NH In NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below Y© NIA TSF0001144547 05/11/10 05/11/11 / ✓ ITQ Y L1MITS ] ER E.LEACHACCIDENT $ 1 000,000 , ELDISEASE- EAEMPLOYEE S 1,000,000 E.L DISEASE - POLICY UNIT S 1,000,000 $ 259,491 C Equipment Floater 45465278 05/10/10 05/10/11 TIV DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Amach ACORD 101, Additional RemarksSvhedule,if morespam is required) Additional insured in favor of the certificate holder. 30 day notice of cancellation Project #E10032 Corban Townhomes / CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VMLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD25 (2009/09) CI 1988-2009 ACORD CORPORATION, MI tights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID ER DAT! ISHIIJpgNyyy) 1.2/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI$ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(!), AUTHORIZELI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' - • - - co ,'1 .. .i rsln SI 'il -+ .. I -I . spicy mus Al ..q� ' - 11 -'.rT, • ■ L , T •,s . the termi mid condmone otthe policy, certshi polloles may require an endorsement. A etatement on title minicab) does not confer right, to the certWieato holder kr Ileu of ouch endowamont(et. rROaJCen liglr `....1 Kaatah i Associates Insurance Ha. Est): AM* P. 0. Box 1910 ADDRlst Alice TE 78333 QUERRI`CA10 SAID2-1 Phtume:361- 664 -5421 Pax:361- 664 -5425 P16VREA(SIAFFOROINe CDYERAOE !AMOR INSURED ENEUMERA: Continental 'roote rr Ins Co. ari ee !Specialties Inc INSURER 117 Stoval B: _ Sandia TX 78383 - INSURER C: INSURER 0 : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTMATTHE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORME POLICY PERIOD INDICATED, NQTW TMSTANVIN4 ANT PC9VIREMEN r, TERM OR CONIPMCN MANY CONTRACT 9R 01 HER ROWER r WI fH RESPECT TO WHICH THIS GtRT'IFICRTE PAY 6E ISSUED OR MAT PERTAIN, Ile INSURANCE AFFORDED ET HE POUCIln DESCRIBED MEIN Is SVSJ!CT T4 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L y' T TYPE OF INSURANCE I IN SR W WWD P POLICY NUMBER ( ( ,+' #, I I ) U UUIT9 GENERAL L LABILITY OCCUR I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTMATTHE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORME POLICY PERIOD INDICATED, NQTW TMSTANVIN4 ANT PC9VIREMEN r, TERM OR CONIPMCN MANY CONTRACT 9R 01 HER ROWER r WI fH RESPECT TO WHICH THIS GtRT'IFICRTE PAY 6E ISSUED OR MAT PERTAIN, Ile INSURANCE AFFORDED ET HE POUCIln DESCRIBED MEIN Is SVSJ!CT T4 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L y' T TYPE OF INSURANCE I IN SR W WWD P POLICY NUMBER ( ( ,+' #, I I ) U UUIT9 GENERAL L LABILITY OCCUR I EACH c cwt O $ CLAIMS -MADE n O IUD ESP {Any arm Paroan) t t PERSONAL a API INJURY 1 1) GENERAL AGGREGATE $ $ GEN'L AOGREGATE LIMIT APPLIES PER: M MONO'S • COMP /OP AGO i i A _ AUTOMOWLE L LIABILRY O E CAA4339372 0 02/03/10 0 02/03/11 1 EOMBBIIN�ED INGLE LAIR" 1 11, 0 004, 0 000 110DFLYINJURY(Perper;cn) t t BOD1LYlNJURY(Perecckeln) $ $ ---- PROPERTY DAMAGE ; ; $ s UMOP —' Los O OCCUR E EACH OCCURRENCE e e AGGREGATE f f DECUCTIBLE 5 5 ! WORMERS cDISPER TIDN Y N IA - E Yrp BFRTU WH- EL. EACH Ammar - -5 EL. DISEASE. EARELOYEE 1 1 El DISEAEE - POLICY LR.IR e e , - DE*CRIPfON OF O :RATIONM r LOCAT10Ne 1 YENICLie Week ACORD 101, Aslmeemi Nowt, $N erAtt, H mere uptee It regeF•edj , , CERTIFICATE HOLDER CANCELLATION CITYCC2 City of COrpna Christi D.O. Boz 9277 Corpus Christi TX 78469 -9277 IHPMI.a ANY of THE P!QVI 0EIORINI0 PQLWIEU YE NANEEI.LEP BEFQRI T1I! IRPIRATION DAT! THEREOF, NOTIC! WILL Be DELIYP.R!0IN ACCORDANCE WITH THE POLIOY FROVNIONI . AUTHORIZED REPRESENTATIVE Match tr Associates Insurance KAM ACORD 2! (2001102) O 1910 -3008 ACORD CORPORATION. All rlgtiti ro.owsi, The ACCRD name and Togo are reglal Bred marks of AGGRO p. u� June8,2010 To: Jeff Bemsen Insurance Agency 5110 Holly Road Corpus Christi, Texas 78411 Named Insured : Bridges Specialties, Inc. Policy Number: GLS- 100612 -0511 Dear Cynthia Westbrook: Enclosed is the policy for the above captioned insured. Please review it carefully to be sure it meets your insured's specifications. If you should have any questions or need to make any changes to the policy, please contact our office immediately. We appreciate your placing this business with Quirk & Company and we look forward to quoting your next submission. Sincerely, Modesta Briones (MB) Policy Number GLS- 100612 -0511 C A, E i rj Previous Policy Number: NEW COMMON POLICY DECLARATIONS INSURER CORRESPONDENCE OFFICE PRODUCER . Catlin Specialty Insurance Company 160 Greentree Drive Suite 101 Dover, DE 19904 Catlin Specialty Insurance Company 9830 Colonnade Blvd. Ste 290 San Antonio, TX 78230 quirk & Company P.O. Box 792030 San Antonio, TX 78279 In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Named Insured: Bridges Specialties Mailing Address: 117 Stovall Sandia, TX 78383 'Form of Business: Corporation 'Business Description: underground utilities water, sewer, concrete work Policy Period: From: 05/1012010 To: 05/10/2011 At 12:01 A.M. both dates at your mailing address shown above. Notice to Policy Holders: THIS INSURANCE CONTRACT IS WITH AN INSURER NOT LICENSED TO TRANSACT INSURANCE IN THIS STATE AND IS ISSUED AND DELIVERED AS SURPLUS LINE COVERAGE UNDER THE TEXAS INSURANCE STATUTES. THE TEXAS DEPARTMENT OF INSURANCE DOES NOT AUDIT THE FINANCES OR REVIEW THE SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING THIS COVERAGE, AND THE INSURER IS NOT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CREATED UNDER CHAPTER 462, INSURANCE CODE. CHAPTER 225, INSURANCE CODE, REQUIRES PAYMENT OF A 4.85 PERCENT TAX ON GROSS PREMIUM. ABAP 0021108 Includes copyrighted material of insurance Services Page 1 of 2 Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Bridges Specialties Policy Number GLS- 100612 -0511 Policy Period From 05/10/2010 To 05/10/2011 Forms and Endorsements ABAP002 1108 Common Policy Declarations Page ABAPD00 0308 Policyholder Disclosure Notice of Terrorism Insurance Coverage SAGL001 0208 Commercial General Liability Insurance Declarations ABAP401 0807 In Witness Endorsement ABAP900 1008 Service of Suit CG0001 1204 Commercial General Liability Coverage Form IL0017 1198 Common Policy Conditions SAGL401 0508 Liability Deductible Endorsement 1L0021 0504 Nuclear Energy Liability Exclusion Endorsement (Broad Form) CG0062 1202 War Liability Exclusion SSMP600 0308 Organic Pathogen Exclusion CG2149 0999 Total Pollution Exclusion Endorsement SSGL613 0308 Subcontractors Warranty SAGL600 0508 Miscellaneous Exclusions Endorsements CAGL419 0807 Amendment of Liability Premium Conditions and Minimum Earned Premium SAGL602 1109 Exclusion - Designated Professional Services SAAP601 0508 Addtional Exclusions and Provisions Liability Insurance CAGL401 0807 Non - Stacking Endorsement CAGL614 0907 "Assault and Battery Hazard" Exclusion CG0067 0305 Exclusion - Violation of Statutes that Govern Email, Fax and Phone ABAP 302 1007 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Bridges Specialties Policy Number GLS- 100612 -0511 Policy Period From 05/10/2010 To 05/10/2011 Forms and Endorsements CG0103 0606 CG2010 0704 CG2134 0187 CG2167 1204 CG2173 0108 CG2234 0798 CG2279 0798 CG2404 1093 IL0168 0502 IL0275 0503 Texas Changes Addt'I Insured - Owners, Lessees or Contractors - Sched Person or Org Exclusion - Designated Work Fungi or Bacteria Exclusion Exclusion of Certified Acts of Terrorism Exclusion Construction Managment Errors And Omissions Exclusion - Contractors - Professional Liability Waiver of Transfer of Rights of Recovery Against Others to Us Texas Changes - Duties Texas Changes - Cancellation and Non - Renewal ABAP 3021007 Page 2 of 2 IN WITNESS ENDORSEMENT CATLIN SPECIALTY INSURANCE COMPANY ADMINISTRATIVE OFFICE: 3340 Peachtree Road N.E. Suite 2950 Atlanta, GA 30326 STATUTORY HOME OFFICE: 160 Greentree Drive Suite 101 Dover, Delaware 19904 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company Richard S. Banas Steven C. Adams President Secretary ABAP 401 0807 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Dedara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel - lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. if the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Dedara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the Fight to: a. Make inspections and surveys at any time; 11 00 17 11 98 Ii- 00 1711 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Blanket as per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 0 WORKERS' COMPENSATION AND EMPLOYERS exasmut LIABILITY INSURANCE POLICY 1 ■ ■ ■ ■Iasn[nace C,am any WC 99 03 01 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: FORM WC42 06 01 (TX NOTICE OF MATERIAL CHANGE) IS ADDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on August 26 , 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001144547 20100511 of the Texas Mutual Insurance Company Issued to BRIDGES SPECIALTIES INC Premium $ WC990301(ED.1-94) Endorsement No. 0.00 Arl-t, /i f/ Authorized Representative WASENDRS 8 -26 -2010 TexasMutuar InsufanceCtxnpany EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF ENSURED BRIDGES SPECIALTIES INC 117 STOVALL SANDIA, TX 78383 -5731 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NUMBER TSF- 0001144547 20100511 ISSUE DATE 8 -26 -2010 ITEM 3D "* ENDORSEMENT SCHEDULE "* STATE NUMBER DESCRIPTION EDITION DATE 42 TM —DIV -2001 DIVIDEND ENDORSEMENT 9 -24 -2001 42 TM —LRC -2008 LIMITED REIMBURSEMENT COVERAGE 1 -01 -2008 42 PC -2003 POLICY CONDITIONS ENDORSEMENT 3 -25 -2003 42 TM —MV -2001 MUTUAL ENDORSEMENT FORM 8 -20 -2001 42 TM— TRIPRA -2008 TERRORISM RISK INSURANCE PROG 1 -01 -2008 42 TM —TPE -2008 TERRORISM PREMIUM ENDORSEMENT 1 -01 -2008 42 WCOO 00 00A WORKERS COMPENSATION AND EMPLO 11 -04 -1995 42 WC00 00 01 WORKERS COMP /EMPLOYERS LIAB 1 -01 -1994 42 WC00 04 08 PREMIUM DISCOUNT 1 -01 -1994 42 WC42 03 01F TEXAS AMENDATORY 1 -01 -2000 42 WC42 03 08 PARTNERS /OFFICERS /OTHERS EXCL 1 -01 -1997 42 WC42 04 04 GROUP PURCHASE OF WORKERS COMP 1 -01 -1994 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 3 -23 -2002 42 WC42 04 08 NETWORK DISCOUNT 1 -02 -2003 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1 -01 -1994 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy_) This endorsement, effective on - August 26, 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF - 0001144547 20100511 of the Texas Mutual Insurance Company Issued to BRIDGES SPECIALTIES INC Prernium $ 0.00 WC000001 (ED. 1 -94) Endorsement No. Authorized Representative WASENDRS 8- 26-2010 TexasMutuar InsluanceCc npany EXTENSION OF INFORMATION PAGE PAGE 3 NAME AND ADDRESS OF INSURED BRIDGES SPECIALTIES INC 117 STOVALL SANDIA, TX 78383 -5731 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NUMBER TSF- 0001144547 20100511 ISSUE DATE 8-26 -2010 ITEM 3D *` ENDORSEMENT SCHEDULE " STATE NUMBER DESCRIPTION 42 WC42 03 04A TX WAIVER OF RIGHT TO RECOVER EDITION DATE 1 -01 -2000 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on August 26 , 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001144547 20100511 of the Texas Mutual Insurance Company Issued to BRIDGES SPECIALTIES INC Premium $ 0.00 WC000001 (ED. 1 -94) Endorsement No. Authorized Representative WASENDRS 8 -26 -2010 TeXaSMUIUa1® WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC420601 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed to: 30 CITY OF CORPUS CHRISTI 1201 LOEPARD ST CORPUS CHRISTI, TX 78401 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on August 26 , 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001144547 20100511 of the Texas Mutual Insurance Company Issued to BRIDGES SPECIALTIES INC Premium $ 0 , 00 WC420601 (ED. 1-94) Endorsement No. 2 j, /1/ r Authorized Representative WASENDRS 8 -26 -2010 Iy,Vl I•MjI ✓vvv111NWI Ivl a.v. Iv awry 1 111 i \94911 IVIIIW1 JV I'VV7'u,1i..1 CAA 41O!3}R - 11 11,01/1M Cu f 01/26/10 COIINCRCtAL Ado CA 02 44 OS 04 TEEN *IfORIRRIIT MIME TEE POLICY. PLEASE RAAB XT CAB PDLLy. TEM - CANCILLI►T =0)1 norm= OR COVERAGE MANGE s>IDORgtialrrr This endorsement modifies insurance provided under the following: 2178renee AUTO COVERAGE FOAM =RAGA COVERAGE pox !4OTOR CRRRI!!R COVERAGE • FARM TRVCIRRS COVERAGE BORN With respect to eaeeprovided by this endorsement, the provisions of the Coverage Y d by this endorsement. ImmiN endorea�nant cihangee the pp3.ioy effective on the inception date of the Policy unless anoth r date is indicated below: Endorsement Effective 02/03/2010 Na:oed Insured Ealdgea specialties Inc policy Number CAA 4339372 -11 Countersigned by xim (Authorized Representative) elder of nays, Notice 30 NMMM Of Ps3'e0A Or organisation City of Corpus Christi dress Dept of Engineers Contract Administrator PO cox 9277 Corpus Christi, TX 7A464 -9277 If thie policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organisation named in the Schedule. we will give the number of day's notice indicated in the Schedule. CA 02 IA 06 bl IVO 9Mprt1M, km., sou rte. 1 P.03 Mammy, uecenitrer FJ, dm iu rue F'IYI rye ;eplionisi oo i -CO4 -0410 Policy Member CM 4339373 -11 / BUSINESS AUTO COVERAGE CL CA 2014 01 07 THIS ENDORSEMENT CHANCE$ THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies Insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of. the Coverage Form apply unless modh fled by the endorsement. SUMMARY OF COVERAGE EXTENSIONS Paragraph Name Of Extension Limit or No, Included A Additicnel Insured B y Contract Or Agreement Included B. Airbags Coverage Extension Included C. Electronic Equipment Coverage Extension $1,000 D. Employees As Insures Included E. Employee Hired Autos Included F. Hired Auto Physical Damage Coverage (Limited) $50,000 G. Knowledge Of Accident, Claim, Suit, Or Loss Included H. Limited Felow Employee Coverage Included I. Limited LoanILease Gap Coverage 51,500 J. Limited Rental Reimbursement Coverage 45 Days Sublimity. 1. $50 Maximum Per Day Private Passenger Auto 2. $75 Maximum Per Day Other Than Private Passenger Auto 3. $2,250 Maximum Per Covered Loss K. Newly Formed Or Acquired Organizations Included L. Supplementary Payments increased Limit= 1. Bal Bonds $3,000 Z. Lass or Earnings (PPS Day) 91,000 M. Towing And Labor Coverage Extension $75 N. Waiver Of Subrogation By Contract Or Agreement Included The above is a summary only. Please consult the speaiftc provisions that fallow for complete information on the extensions provided. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shalt prevali. CL CA 20 14 01 07 Includes copyrighted materiel of Insurance Services Office, Inc., Page 1 of 9 with its permission. p.04 IYIViIUar1 Vprp11II. I 1../, row .6ora 1 IRI I \GH41/NVIIIGI YV 1'VVT-u/�LM Policy Number CliA 4339372.11 A. ADDIi1ONAL INSURED BY CONTRACT OR AGREEMENT With respect to Section 11- Liability Coverage, Paragraph A11. Who Is en Insured Is amended to include as an additional Insured any person or organization for covered autos (other than the owner or anyone else from whom you hire of borrow a covered auto) when you and such person or organization haw agreed in writing in a contract or agreement that such person or or- ganization be added as an additional Insured an Your Pocy. The insurance provided to such additional in- sured Is subject to the following additional provi- sions: 1. Such person or organization is an additional Insured only with respect to their vicarious legal responsibility for bodi ly Injury or property damage specifically caused, In whole or in part, by the operation or use or a covered auto by a person for whom Liability Coverage Is provided under this policy or coverage part, and than only to the extent of that liability. 2. Such person or organization is not an addi- tional ensured for any covered auto owned by, hired from. or borrowed from such per- son or organization. 3. Such written contract or agreement must be executed prior to, and be in effect at the time of, the covered bodi ly injury or property damage. 4. Paragraph H. Insured Contract contained in Section VI-- Definitions is changed to add sub- paragraph d. to the end of that defi- nition, as follows; An insured contract does not include that part of any contract or agreement: d. That pertains to the ownership, mainte- nance or use of an auto and which in- demnifies a person or organization for other than the vicarious liability of such person or organization for bode ly injury or property damage specifically caused, in whole or in part, by your op- eration or use of a covered auto. 5. Paragraph A.1. Who is An Insured con- tained in Section II - Liability Insurance, Is amended to delete sub - paragraph C. B. AIRBAGS COVERAGE EXTENSION Exclusion B.B.a. contained in Section Ill — Physical Damage Coverage does not apply t( the unintended discharge of an airbag. However, coverage Is excess over any other collectible Insurance or warranty specifically designed to provide coverage, C. ELECTRONIC EQUIPMENT COVERAGE EX- TENSION The following is added to Paragraph A.4. Coverage Extensions contained In Section 111 . Physical Damage coverage; Physical Damage Coverage on a covered auto also applies to I oss to any electronic equipment rhar receives or transmits audio, visual 01 data signals and that is not designed solely for the reproduction of sound. subject to the following additional provisions: 1. This coverage applies only if the equipment is permanently installed in the covered auto at the time of I oss or the equipment is removable from a housing unit which is permanently Installed In the covered auto at the time of the I oss, and such equipment Is designed to be solely operated by use of the power from the auto 5 electrical system, In or upon the covered auto. 2. Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph C.1. above. However, this does not include tapes, records or discs. 3. The most we will pay for all °loss" to such audio, visual or data electronic equipment and any accessories used with that equip. ment as a result of any one "accident" Is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the ''loss "; b. The cost of repairing or replacing the damaged or stolen electronic equipment and/or its accessories with other equip - ment or accessories of like kind and quality; or C. $1,000. IL. Kau CL CA 2014 01 07 Includes copyrighted material of Insurance Services Office, inc., Page 2010 with its permission. p.Qo Monday, December 13, 1U0U i-.1./v1-'M Kevept+ontst 3b1 -1:5ti4 -5425 poiivy Numb• CAA 4339372 -11 The Insurance afforded by this provision does not ap to any equipment for which Audio, Vis- ual, and Data Electronic Coverage, or any similar or equivalent coverage, has been provided by a separate endorsement issued by us and made a part of this coverage part or policy. p.06 Monday, December 13, 2010 2:09 PM Receptionist 361 -664 -5425 Policy Number CAA 43393'x2-11 D. EMPLOYEES AS INSUREDS The following is added to the Oeotlon 11-- Liabil- ity Coverage, Paragraph Al, Who is An In- sured Provision: Any "employee" of yours is an 'Insured" while us- ing a euveied "auto" yuu don't uwrr, hire ur bur- row In your business or your personal affairs. However, the insurance provided by this pro- vision, D. Employees As Insureds, does not apply If separate Employees As Insured cov- erage (or any similar or equivalent coverage) has been provided by a separate endorsement issued by us and made a part of this policy or coverage part, C. EMPLOYEE HIRED AUTOS 1, Changes In Liability Coverage The following is added to the Who Is An in. Bared Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while perform- ing duties related to the conduct of your business, However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a cov- ered "auto ". 2. Changes In General CondRlons Paragraph Lb. of the Other Insurance Condilron Is replaced by the following! For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: a. Any covered "auto" you lease, hire, rent or borrow; and b. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's' name, with your permission, whsle performing duties re- lated to the conduct of your business. However, with respect to this provision, none of the fallowing are covered autos; (1) Any "auto' that is leased, hired, rented or borrowed with a driver; (2) Mohi le equipment; or CI. CA 2014 01 07 (3) Any other land vehicle that would qualify under the definition of "mobile equip- ment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is li- cenaed or principally garaged. 3. Any insurance provided by this provision E. Employee Hired Autos does not apply if separate Employees Hired Autos cover- age (or any similar or equivalent cover- age) has been provided by a separate en- dorsement Issued by us and made a pan of this policy or coverage part. F. HIRED AUTO PHYSICAL DAMAGE COV- ERAGE (LIMITED) if hired autos are covered autos for LlablIity Coverage In this policy or coverage part, then such Physical Damage coverage that Is provided in this pocky or coverage part tor your owned autos will be extended to certain autos you lease, hire, rent or borrow, subject to the following addlional provisions: 1. This Hired Auto Physical Damage extension does not apply to; a. Any auto you lease, hire, rent or borrow that is a land vehicle that would qualify under the definition of "mobile equipment" under this pox" or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it Is licensed or princlpaNy garaged; b. Any "auto' you lease, hire, rent or bor- row from any of your "employees ", part- ners Of you are e partnership), members Of you are a llmhed liability company) or members of their households; or o. Any other auto you lease, hire, rent, Of borrow: (1) For a period of more than 30 days; or (2) With a driver. 2. Coverage The Physical Damage coverage provided will be. (a) With respect to Other Than Collision coverage: Includes copyrighted materiel of Insurance Services Office, Inc., Pegs 4 of 9 with its permission. p.07 Ivlonuety, um:eine01 1•7, Lv iv Zit. rivi rutsuielJU6iril .t JO 1-17G4-.P44? Poliay Number CAA 4339392 -11 (1) Comprehensive Coverage If any covered auto owned by you has this coverage under this policy or coverage part; or, (2) Speclied Causes Of Loss Coverage if, under this coverage part or policy, any covered auto owned by you has this coverage and no other covered auto owned by you has Comprehensive Coverage; and (b) Collision Coverage if any covered auto owned by you has this coverage under this policy or coverage part. 3. Limit Of Insurance 'Poe most we will pay in any one 1 oss w 111 tie the lesser of: a. The actual cash value of the damaged or stolen auto as of the time of the b. The cost to repair or replace the damaged or stolen auto with other property of like kind and quality; or C. $50,000, except that such amount will be reduced by a deductible as determined by paragraph F.4. below. 4. Deductible Our obligation to pay for, repair, return or replace such covered hired auto will be reduced by a deductible for each coverage afforded under F,2,(e) and F.2,(b) above equal to the amount of the largest deductible applicable for that coverage to any covered auto awned by you. However, no deductible will apply to I ass caused by fire or lightning, 5. LOBS Of Use For any auto which Is a covered auto under this extension F, Hired Auto Physical Damage Coverage, and subject to the coverages provided under paragraph F,2. Coverage above, we will also pay expenses for Toss of use of such auto , aubjeet to the following additional provisions: a. Such auto is leased or rented under a written rental contract or agreement; b. Such loss of use is a consequence of a oss covered under this extension F. CL CA 2014 01 07 Hired Auto Physical Damag Coverage: (1) For which an i nsured is legally responsible; and Includes copyrighted material of Insurance Services Office, Inc„ Page 5 of 9 with its permission. p.05 ivionQay, UBcamper 10, 44 IV L AN i-ivi i ecepTlonist 3O1 -004 -0415 Policy Number CAA 4339372 -11 (2) As a resuk of which the leasing or rental entity sustains a monetary loss; c, The most we will pay for any expenses for Toss of use Is $300 per day, subject to a meidmum of $2,100; and d. Coverage Extension 4.b., Loss Of Use, contained In Section III — Physical Damage Coverage, In the Buslness Auto Coverage Form, does not apply. 6. Other Insurance Coverage under Ibis extension F. Hired Auto Physical Damage Coverage (Limited) will be excess over any other valid and collectible Insurance available to the 1 nsured, except that no coverage will be afforded if any physical damage coverage is provided for hired autos under Item Four — Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums in the Business Auto Declarations in this policy or coverage part (or which would have been provided except For the application of an exclusion). G, KNOWLEDGE OF ACCIDENT, CLAIM, SUIT, OR LOSS Sub - paragraph a. contained In Paragraph A.2. Duties In The Event Of Accident, Claim, Suit or Loss, of Section IV — Business Auto Conditions is replaced by the following: a. In the event of "accident ", claim, "suit" or "less", you must give us or our authartrpd repre;sertlrillve piurnpi rinuee or the -accl- dent" or 'loss" only when the accl dent, calm, sul t or I oss I s known to; 1. You, If you are an Individual; 2. A partner, if you are a partnership; 3. A manager, If you are a limited liability company, or 4. An executi ve officer or the em ployee dt ignated by you to give such notice, if you are an organization other than a partnershlp or a limited liability company. Include: (1) How, when and where the "accident" or loss" occurred; (2) The Insured's' name and address; and (3) To the extent possible, the riMme5 and addresses of any Injured persons and Wlr1CSSCS. CL CA 2014 01 0? Includes copyrighted materiel of insurance Services Office, Inc., Page 6 of 9 with its permission. p.09 Monaay, uecemaar 10, 41,) I l ;Va l'I+n Keceptionist Sb1- bO4 -b41b Policy Stuaber CAA 4339372 -11 H. LIMITED FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, Paragraph 8,5., curtained in Section 11 — Liability Coverage Is replaced by the following: 5. Fellow Employee "BodIly injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's' employment or while performing duties related to the conduct of your buSktess. However, this exclusion does not apply to Iiabaity incurred by your em ployees that are executl ve officers. Such coverage is excess over any other collectible insurance, and the Other Insurance provision, 8,5,, under Section IV — Business Auto Conditions Is changed accordingly, Any Insurance provided by this provision H. Lim- ited Fellow Employee Coverage does not ap- ply If separate Fellow Employee Coverage (or any similar or equivalent coverage) has been provided by a separate endorsement issued by us and made a part of this policy or cover- age part. As used in this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. I. LIMITED LOAN/LEASE GAP CQVERAGE Coverage F.xtenalons. paragraph A.4., con- tained in Section 111 — Physical Damage Cov- erage Is amended to add the following: In the event of a covered total 1 ass to a Gorr ered auto which is either owned by you or is long- term leased by you for a period of 12 consecu- tive months or longer, we will pay any unpaid amount due on your loan or lease for such cov- ered auto, subject to the following additional provisions; 1, We win only pay the lesser of: e. The sum of such unpaid amount, less (1) The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and (2i An (a) Overdue loan/lease payments at the time of the t oss: (b) Financial penalties Imposed un- der a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the Lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability insurance purchased with the loan or lease; and Carry -over balances from previ- ous loans or leases; or (0) (0) b. $1,500. 2. This extension does not apply to any auto that Is a land vehicle that would qualify under the definition of "mobile equIpment" under this poky or coverage part If it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; 8. The insurance afforded for Limited Loan/Lease Gap Coverage in this exten- sion endorsement does not apply if separate Loun/Leaae Gap Goverege Is afforded for such covered auto In an endorsement issued by us and made a part of this policy or coverage part. J. LIMITED RENTAL REIMBURSEMENT COV. ERAGE We will pay for rental reimbursement expenses Incurred by you for the rental of an auto because of a covered physical damage 1 oss to a covered auto you own, subject to the following eddkional provisions: 1. As used In this Rental Reimbursement Coverage provision, auto means a land motor vehicle, trailer or semitrailer designed for travel on public roads. However, auto does not 1 nclude; a. Mobi le equipment; or b. Any other land vehicle that would quaify under the definition of "mobile equip- ment" under this policy or coverage part if It were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged., CL CA 20 14 01 07 Includes copyrighted material of Insurance Services Office, Inc., with Rs permission. Page 7of0 p.10 [v[v. 1..w7, ...'.'W.. ...v. .V r.wv. 111 1 •vvp..v. 1 iv. v.. .- vWW- v -rr... - Policy lanlber CAA 4339372 -11 2. Payment applies In addition to the otherwise applicable amount of each coverage you have on the covered auto. 3. No deductible applies to this coverage. 4. We will pay only for those expenses incurred doing ale policy peiiud beyinnury 24 fnruis after the I oss and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered auto; or b. 45 days 5. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. (1) $50 per day for a pri vete passenger auto or a I ight truck; 08 $75 per day for other than a prl vale passenger auto or al Ight truck, subject to a maximum of $2,250[ 6. This covorago does not apply while thoro aro spare or reserve autos available to you for your operations. 7. The Transportation Expenses Coverage Extension, Paragraph A.4.a., contained in Section 111 — Physical Damage Coverage, does not apply and is entirely deleted. 8. The Insurance afforded for Limited Rental Reimbursement Coverage in this exten- sion endorsement does riot apply if separate Rental Reimbursement Cover- age Is Issued by us as an endorsement and made a part of this policy or coverage part. 9. As used in this coverage: a. P rivals passenger auto means a four - wheel auto of the private passenger or station wagon type; and b. Li ght truck means a pick -up or panel truck. spurt utility vehicle ui similar auto, with a Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single auto Is designed, as specified by the manufacturer. K. NEWLY FORMED OR ACQUIRED ORGANI- ZATIONS The Named Insured shown in the Declarations is amended to Include any organization you newly form or acquire, other than (1) a pnstrieraliip, joint verdue, u limited liability company; or 1 (ii) an organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50%, subject to the following additional provisions: 1_ This insurance does net apply to any newly formed or acquired organization that is an I nsured under any other automobile policy or would be an I nsured under such a poky but for Its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to Injury, damage, expense, or I oss that occurred before you formed or acquired the organization. 3. Coverage under this provision Is afforded only until the next anniversary date of this policy s effective date after you acquire or form the organization, or the end of the policy period, whichever is eerier. L. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS The following changes are made i to the Supplementary Payments provision. A.2.a., contained in the Section II — Liability Coverage: 1. The limit shown in paragraph A.2.a.(2) for the cost of bail bonds is changed from 32,000 to 35,000. 2. The limit shown in paragraph A.2.a(4) for all reasonable expenses incurred at our re- quest. including accred loss of earnings be- cause of time off work, Is changed from $250 to $1,000 per day. CL CA 2014 01 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 9 p.'I i IYIUI1'.1 y, VV0V1111/01 1JI LV IV r lvl CtOYVi/tIV1 I1Dt •V 1- VV- f'JIT■J policy Number Chh 4339372 -11 M, TOVVNG AND LABOR COVERAGE EX- TENSION Section 111 — Physical Damage Coverage, Paragraph A.2. entirely replaced by the following: With respect to any pri vote passenger auto or ighl Irut* yuu umr that is pauvidud butli Comprehensive Coverage and Collision Coverage In this policy or coverage part, we will pay up to $75 for towing and labor costs Incurred each lime such pri vote passenger auto or I ight truck is disabled. subject to the following additional provisions: 1. The labor must be performed at the place of disablement; 2. This coverage does not apply to stolen autos. 3. If, at the time of a disablement, such prl vale passenger auto or I !gin truck IS also e covered auto for the Physical Damage Towing And Labor coverage shown under Item TVro of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement Is the greater of; a. The limit shown under Item Two in the Declarations, or b. $75 As used in this coverage: a. P rivate passenger auto means a tour- wheel auto of tho private passenger or station wagon type; and b. LI ght truck means a pick -up or panel truck, span utility vehicle or similar auto, with a Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) Is the maximum loaded weight for which a single auto is designed. as specified by the manufacturer. It WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A,5, Transfer Of Rights Of Recovery Against Others To Us contained In Section IV — Busine9s Auto Conditions: Notwithstanding anything to the contrary in the previous paragraph, we waive any ;right of recovery we may have against a person or organization because of payments we make for bodi ly injury, property damage or 1 oss arising out of the operation. maintenance. use, loading or unloading of a covered auto when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the covered irijury or dam- age; and b. In effect at the time of the covered injury or damage; and 2. The injury or damage arises out of the op- erations contemplated by such written con - tract or agreement. This waiver applies only to such person or organization designated in such written contract or agreement, CL CA 2014 01 07 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 9 p. 1t