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HomeMy WebLinkAboutC2011-191 - 2/15/2011 - ApprovedBridges Specialties S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S ,AND F O R M S O F CONTRACTS & BONDS F O R SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17 +50 November, 2010 FOR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1888 Fax: 361/854 -0185 a g4":'� F_ i.. 9 * - *�r0 MARK A. MARONEY i a = .o. 62015 _ :i ' �� ,,��, IA (1St to Firm No. 145 2725 Swantner CORPUS CHRISTI, TX 78404 (361) 854 -3101 FAX (361) 854 -6001 U.E.JOB NO. 36688.A9.00 PROJECT NO: 2317 LLTAWING NO: STO -541 (Revised 7/5/00) SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17 +50 Project No. 2317 Table of Contents NOTICE TO BIDDERS (Revised 7 /5/00) NOTICE TO CONTRACTORS - A (Revised March, 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7 /5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A -- SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid }Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated .Damages A -7 Workers Compensation Insurance Coverage A -B Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies_ (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office) (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A-21 Project Signs A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -24 Surety Bonds (NOT USED) NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements } (NOT USED) A -28 Considerations for Contract Award'and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on. Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A-35 City mater Facilities Spc i-a3. Requirements 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 (NOT USED) Government Entities A -40 A -42 A -43 Amendment to Section B -8 -6: Partial Estimates (NOT USED) OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) (NOT USED) for A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (NOT USED) NOT USED), A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" A -50 Technical Special Provisions A -51 Contaminated Soils A -52 Fences A -53 Protection of Public and Private Property A -54 Security A -55 Access Roads A -56 Parking A -57 Noise•Control A -58 Dust Control A -59 Temporary Drainage Provisions A -60 Dewatering A -61 Amended Prosecution and Progress ATTACHMENT I - Project Sign TECHNICAL SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 022020 - Excavation and Backfill for Utilities and Sewers 022100 -- Select Material 022420 - Silt Fence 025802 - Temporary Traffic Controls During Construction 030020. - Portland Cement Concrete 032020. - Reinforcing Steel 037040 - Epoxy Compounds 038000 ' - Concrete Structures PART T - TECHNICAL SPECIFICATIONS T1- E20[1] - Storm Water Pollution Prevention T2 -B2 - Structural Excavation and Backfill APPENDIX A - Soil Investigation APPENDIX B - Subsurface Investigation, Laboratory Testing, Recommendations for Sheetpile Retaining Wall APPENDIX C - Department of Army Permit 22169 LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for:. SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5+20 THROUGH STA. 17 -f50, Project No. 2317 consists of drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work-required to compete the 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, January 12, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Tuesday, December 28, 2010 beginning at 2:00 p.m. The pre -bid meeting will -, convene at Engineering Services Conference Room, third floor City Hall, 1201 Leopard, 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 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including:. 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products /Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY / ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited. to sudden & accidental discharge; to include long -term environmental, impact for the.disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK . See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements • ❑ REQUIRED X NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi: must be named as an additional insured on all coverages except worker's compensation liability coverage. DThe name of the project must be listed under "description of operations" on each certificate of insurance. DFor.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 5- -6--11 or Special Provisions section of the contract. .A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2. CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction. Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, foitii TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to. perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors; leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the Language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after' the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: . (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; . Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, . the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared,to be severable_ (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1 994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 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, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by .workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.11.0(c)(7) Article _ Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission; or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage 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 contractors/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period; file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a ceilf sate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certf sates of coverage for the duration of the project and for one year thereafter. G. The contractor shall not the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects .the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice; in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, f the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation_ Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11. SECTION A SPECIAL 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, January 12, 2011. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office ' - City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17+50 PROJECT NO. 2317 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 Tuesday, December 28, 2010 beginning at 2:00 p.m. The pre -bid meeting will convene at Department of Engineering Services, Main Conference Room, 3 =d Floor, City Hall, 1201 Leopard St., 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 drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work required to complete the 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 (Bid Items 1 through 11) 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 28 Explanation of Measurement and Payment 1. Excavation to Deepen Channel: This item shall be measured by the linear feet of channel from the non - concrete lined portion of the Salt Flats Drainage Channel and shall include the cost "to -clear existing vegetation as necessary for access, Storm Water Pollution Prevention measures, temporarily remove existing chain link fences and reinstall to pre - construction conditions, excavate to the elevation shown on the plans, remove said material shall become the property of the Contractor and properly disposed of. 2. Clean Sides of Existing Channel from Sta. 5 +20 to Sta. 12 +77 This item shall be measured as a lump sum. This item shall include dewatering as necessary, Storm Water Pollution Prevention measures, and removal of all tree and vegetative growth, material, debris and any other items which have assembled along the channel sides in this section of the Salt Flats drainage ditch. This shall include the cost to remove and dispose of said material. Said material shall become the property of the Contractor and properly disposed of. 3. Remove and Replace 26 Feet Wide Section of Concrete Lining from Sta. 13 +40 to Sta. 16 +40: This item shall be measured by the square yard of surface area of existing concrete that is removed and replaced with new concrete at new grades. This item includes but is not limited to: a. Furnishing, installing and maintaining equipment and material to dam off and isolate this segment, both upstream and downstream, and dewater the area for construction. Seine isolated channel before dewatering per Note 6 on Sheet 2. b. Providing temporary pumping and bypass piping around isolated segment as necessary to allow upstream channel to drain. Note that this channel serves a significant drainage area and Contractor shall be prepared to pump all water flowing at any time or prepared to remove portion of dam to allow water to pass and not flood upstream conditions.' c. Furnishing and installing Storm Water Pollution Control measures d. Demolishing and removal of existing reinforced concrete platting, including loading and disposal. Concrete debris shall become the property of the Contractor and properly disposed of. e. Dewatering the area as necessary. f. Channel excavation to required grades, including removing all material encountered, loading and disposal Of material. Excess excavated material shall become the property of the Contractor and properly disposed of. g. Compacting subgrade to required density. h. Furnishing and installing new reinforcement and expansion" jointing for concrete channel i. Furnishing and placement of 3,000 psi concrete to a minimum depth of six (6) inches, and troweling of surface to provide a smooth surface at new grades shown on the plans. j. Cleaning completely the new and existing concrete channel of any debris, construction material, silt, soil before removing the temporarily isolation dams. k. Removing the temporary dams and any construction materials, debris, soil, etc. at the dam locations. 4. Railroad Bridge No. 1 (Sta. 13 +14 to Sta. 13 +48) and No. 2 Channel Improvements Sta. 24 +64 to Sta. 25 +53: This item shall be measured as a lump sum. This item includes but is not limited to: " a.. Furnishing, installing and maintaining equipment and material to dam off and isolate this segment, both upstream and downstream, and dewater the area for construction. Seine isolated channel before dewatering per Note 6 on Sheet 2. Section A - SP (Revised 5/18/00) Page 2 of 28 b. Providing temporary pumping and bypass.piping around isolated segment as necessary to allow upstream channel to drain. Note that this channel serves a significant drainage area and Contractor shall be prepared to pump . all water flowing at any time or prepared to remove portion of dam to allow water to pass and not flood upstream conditions. c. Furnishing and installing Storm Water Pollution Control measures d. Demolishing and removal of existing reinforced concrete platting, including loading and disposal. Concrete debris shall become the property of the Contractor and properly disposed of. e. Protection of existing railroad structure during construction, including bridge, sidewalls and pilings: f. Dewatering the area as necessary. g. Channel excavation to required grades, including removing all material encountered, loading and disposal of material. Excess excavated material shall become the property of the Contractor and properly disposed of. h. Excavation, wrap wood pilings with protective liner and construction of concrete beam collar around and along existing wood pilings. i. Compacting subgrade to required density. j. Furnishing and installing new reinforcement and expansion jointing for concrete channel k. Furnishing and placement of 3,000 psi concrete to a minimum depth of six (6) inches, and troweling of surface to provide a smooth surface at new grades shown on the plans. 1. Cleaning completely the new and existing concrete channel of any debris, construction material, silt, soil before removing the temporarily isolation dams. m. Removing the temporary dams and any construction materials, debris, soil, etc. at the dam locations. 5. Channel.. Gravel Base for Wet Conditions This item shall be measured by the square yard of gravel base provided along the new channel bottom and for the widths shown under the new channel concrete bottom slabs. This gravel base may be provided at the Contractor's option when necessary to control wet conditions from groundwater encroachment. This item includes but is not limited to: a. Channel excavation to required grades including removing all material encountered, loading and disposal of material. Excess excavated material shall become the property of the Contractor and properly disposed of. b. Compacting subgrade to required density. c. Furnishing and installing new filter fabric and crushed rock or gravel. 6 Railroad Protective Liability Insurance This item shall be measured by the lump sum and shall include the liability insurance required by Union Pacific Railroad when working in their right -of- way, such as being done with Bid Items No. 4 and 5. Information on insurance requirements can be found on their web site: http: /www.uprr.com /reus /rrinsure /index.shtml. 7. Demobilize /Remobilize for Hurricane This item shall be measured by each occurrence for the demobilization and remobilization of equipment and forces (considered as one occurrence) due to the approach and landfall of a hurricane. Since a portion of this .entire contract may be constructed during Hurricane Season, there is a potential impact to this major drainage system for the'City of Corpus Christi. With the approach of a hurricane and upon written notification from the City, the Contractor shall complete as much construction activity as possible in the area working and then remove all equipment, materials, dams, etc. from the drainage channel to allow unobstructed water flow. Calendar days will not be counted against the completion date during this period. Contractor shall re- mobilize with five working days once the threat has passed and /or the drainage system has returned to normal conditions. Section A - SP (Revised 9/18/00) Page 3 of 28 8. Breakout and Repair Failed Concrete Liner This item shall be measured by the square feet of surface area of existing concrete that is removed and replaced with new concrete to repair failed areas. Areas are noted on the plans or will be marked and identified in the field by the Owner's representative during construction. This item includes but is not limited to: a. Furnishing, installing and maintaining equipment and material to dam off and dewater the area for construction, including temporary pumping and bypass piping as necessary to allow upstream channel to drain. b. Furnishing and installing Storm Water Pollution Control measures. c. Sawcutting, breaking out and removal of existing reinforced concrete liner, including loading and disposal. Removed liner shall become the property of the Contractor and properly disposed of. d. Dewatering of area as necessary. e. Furnishing and installing new reinforcement and expansion jointing as necessary for concrete channel. f. Furnishing and placement of 3,000 psi concrete to a minimum depth of six (6) inches, and troweling of surface to provide a smooth surface. 9. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal landfill to be approved by the City. The cubic yard total noted in the bid proposal is an estimate for bidding purposes. 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. 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 (Must reference Salt Flats Drainage System Improvements Phase III Sta. 5-20 through Sta. 17 +50, Project No. 2317 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. Section-A - SP (Revised 9/18/00) Page 4 of 28 Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain mm in determining the contract schedule and for each phase of the contract. 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 90 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. After Contract Award and pre - construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $400 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of. the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may _ withhold and deduct from monies otherwise due the Contractor the amount of . liquidated damages due the City from the monthly pay estimate. A -7 Workers Compensation insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any.reason, and replacement workers: compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in 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. Section A - SP (Revised 9/18/00) Page 5 of 28 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 8 -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 c nflict Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if. such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays_ (See Section B -1 -1, Definition of Terms, and Section B-7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 -8377, the Lone Star Notification Company at 1 -800- 669 - 8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer, 826-3500 Consultant -Urban Engineering 854 -3101 Mark Maroney, P.E. Traffic Engineer 826 -3540 Police Department 886 -2600 Water Department . 826 -1881 (826 --1888 after hours) Wastewater Department 826 -1800 (826 -1888 after hours) Gas Department 885 -6900 (885 -6900 after hours) Storm Water Department 826 -1875 . (826 -1888 after hours) Section A - SP (Revised 9/18/00) Page 6 of 28 Parks & Recreation Department Streets & Solid Waste Services REP SBC / A T & T Signal /Fiber Optic Locate Cablev.ision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3461 826 -1940 1 =877- 373 -4858 881 -2511 826 -1946 857 -5000 887 -9200 225/214 -1169 881 -5767 512/935 -0958 972/753 -4355 (1 -800- 824 -4424, after hours) 826 -1960 (857 -5060 after hours) (Pager 800-724-3624 (225/229 -3202 (M) (Pager 850 -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc_ and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such .underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be . maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer atno increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. 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. Section A - SP (Revised 9/18/00) Page 7 of 28 All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, .concrete, broken culverts and other unwanted material becomes the property of the, Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (Not Used) The Contractar must furnish the City Engineer er his rcpTescntativc with a field Contracter. There is no separate pay itcm fer the field offiec. A -1B 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 must indicate the schedule of the following work items: 1. Initial Schedule.: Submit to the City Engineer three (3) days prior to the Pre Construction Meeting an initial. Construction Progress Schedule for review. 2. Items to Include_ Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. Section A - SP (Revised 9/18/00) Page 8 of 28 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule_ It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. Contractor shall be.aware of other construction projects occurring in the area, and coordinate scheduling, traffic control, maintenance of services and street access with the other Contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the contract. 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 one (1) bench mark required for project layout will be provided by the City or Consultant Project Engineer. The Contractor will furnish all lines, slopes and measurements for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored .by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the . work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Section A - SP (Revised 9/18/00) Page 9 of 28 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: Wastewater: -- All rim /invert cicvation.. at mnreles - All i.ntcraccti-ng linca in manhole.. - All top of valve-box-e-a • Valve vaults rim Water: :e Storm Water: - All rim /invert elevations at manholes • All intersecting lines in manholes == - • Flowline elevations at upstream and downstream ends of new concrete channel. 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 1 Ea. (2) Moisture- Density Relationship 1 Ea. (3) In -Place Density Tests 25 Ea. 2. Concrete Laboratory Testing: (1) Mix Design: One for each class of concrete. (2)' Concrete Cylinders: (1 set is 3 cylinders) a) Concrete Channel 9 Sets • 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. Section A - SP (Revised 9/18/00) Page 10 of 28 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 Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week_ The Contractor must provide all applicable certifications to the Engineer Consultant.. A -21 Project Signs The Contractor must furnish and'install 1 Project sign as indicated on Attachment No. 1. The signs must be installed before .construction begins'and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of, Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance .with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint .venture as herein provided which has been awarded a City contract. b. Subcontractor: Any reamed 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 Section A — SP (Revised 9/18/00) Page 11 of 28 purpose of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an .enterprise in the manner hereinafter set forth: 1. Owned. (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be .owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.O of the assets or interest in the -corporate shares must be owned by one or more minority person(s'). 2. Controlled The primary power, direct or indirect, to manage a- business enterprise rests with a minority person(s). 3 Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned . Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on -a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor`s.aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved . change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The Section A — SP (Revised 9/18/00) ?age 12 at' 28 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) The Contr Inspection Division at the various intervalo of work for which a permit is required required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (100) of the Surety Company's capital and surplus, the Surety Company shall, provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and. admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the .Treasury. and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued.'" Section A - SP (Revised 9/18/00) Page 13 of 28 A -25 Sales Tax Exemption (NOT USED) following .3ubctitutcd in lieu thereof. Public Accounts of Texas. into the Project, value of materials -. for all Sales, Excise, and Use Taxes applicable to this Project. certificate t supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2_ Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under Section A - SP (Revised 9/18/00) Page 14 of 28 the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability . insurance coverage obtained in accordance with'Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or. other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) -aragraph (a) General Liability of Scctiox E 4 11 of the Ccncral Proviuion3- io amended t include: .Contractor must provide 1'rofensiona3 Pollution Liability /Environmental Impair t instraaec coverage for tyre term of the Contract up to and including A -28 Considerations for Contract.Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. •A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, Signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and .liabilities. A -29 Contractor's Field. Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: Section A - SP (Revised 9/18/00) Page 15 of 28 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 (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to-obtain prior written approval of the City Engineer-concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B- -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section n -3 -1 Consideration of.Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. .A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE. firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. Section A - SP (Revised 9/18/00) Page 16 of 28 The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state). Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute. contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess $25,0OO.OQ must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33. Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A -1. Section A - SP (Revised 9/18/00) Page 17 of 28 A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc_, the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order_ A -35 City Water Facilities: Special Requirements ' (NOT USED) cubcontractorc, and nch- f their employees must ham e on their per.,oh a valid and certifying thr prior attcndanee at a Visitor /Contractor Attachment 1. water facility at any time. 711 cue lx items moot be operated by an operator or other authorized maintenance employee of the City Water Department. C. Protection of Water Quality cite and hall coedinatc ita work with the City Water Department t protect thc quality of thc water. D. Conformity with ANSI /NSF Standard 61 transportation, reinstallation, aftd incpceti-on of p,amps, or any othe -r American National Standard: Inotitutc /National Sanitation Foundation ANSI /NSF Standard 51approaal f r all materials which could come into Section A - SP (Revised 9/18/00) Page 18 of 28 All trash generated by the Contractor er his. employees, agents, or C. Contractor .hall provide telephones for Centractoo personncl. t 1ant H. Working hours will be 7:00 A.M. to 5:00 P.m., Monday thru Friday. Z,CQtISITION) porformed m y by qualified technical and supervisory peroonncl, ac dctcrminod by meeting thc gaalifi ations 1 thru 9 bclot'. This work debugging, calibrating, or placing in operation all hardware and /or coftwarc Specified or required by thccc op.ccifications_ must be able to dc'nonstratc the following_ a. w&tcr and wactcwatcr industry. projects. 3. He has been actively engaged in thc type of work spccificd herein for at 1 not 5 year.. ` 5. He employ; personnel on thi., Pr jcot who have .,uccc.sfully for the Contract_ the systems spccificd herein -: Section A - SP (Revised 9/18/00) Page 19 of 28 practi al, all equipment of a given type will be the product of one manufacturcr. an example of t1 .required programming block.^ which the City L. Trenching Requirements • an the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall, submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub- contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal 'Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s); and specification Section number; as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, , models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. . Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. g- Section A - SP (Revised 9/38/00) Page 20 of 28 i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and.patterns for City Engineer's selection. • 3. Test and Repair Report: When specified' in. the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the CityTT Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6 -15 Arrangement and Charge for Water Furnished by the City; add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). 'This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation 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) A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- .8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) pricc indicatcd in the proposal Section A - SP (Revised 9/18/06) Page 21 of 28 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification.& Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall.hold the City, its officials, employees,. attorneys, and agents harmless and shall indemnify the City, its officials, employees, . attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, 'employees, attorneys, and agents harmless and shall indemnify the City, its. officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever. from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As-- Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor'shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) _ (3) "Nameplate" data . on all installed equipment.. (4) Deletions, additions, and changes to scope o work. (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A--46 Disposal of Highly Chlorinated water (7/5/00) (NOT 05E0) Section A - SP (Revised 9/18/00) Page 22 of 28 A -47 Pre - Construction Exploratory Excavations (7/5/00) (Not Used) cxicting utilitico. Explorat ry cl >cavati ns shall be measured as a Lump Sum a., indi atcd on the pr pal A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There.are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc_, to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while.others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead. lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B-- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional .remedy ava-ilable.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. Section A - SP (Revised 9/18/00) Page 23 of 28 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 Nor- 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. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after .the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a permitted disposal area. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A -52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner •of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must 'be maintained across the construction easement, adequate, gates shall be.installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits,'.drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement, All replacements shall be made with new materials. Section A - SP (Revised 9/18/00) Page 24 of 28 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, 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. 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 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. Section A - SP (Revised 9/18/00) Page 25 of 28 A -58 Dust Control Contractor 'shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable; dusty materials in piles or in transit shall be covered to prevent blowing dust. 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 -59 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect 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. See also: Section T1 -E20 of the Technical Specifications, Storm Water Pollution Prevention. A -60 Dewatering This item is considered subsidiary to the appropriate bid items or shall be measured by the linear feet of trench as described in Section A -4 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 tor 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 pending 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 Ship Channel. 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 Section A - SP (Revised 9/18/00) Page 26 of 28 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 -61 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds for any reason, are not appropriated in any given year, the City may direc suspension or termination of the contract. If the Contractor is terminated or uspended and the City requests remobilization at a later date, the Contractor may re uest payment for demobilization / remobilization costs. Such costs shall be addre.sse through a change order to the contract. Section A - SP {Revised 9 /18/04} Page 27 of 28 SUBMITTAL TRANSMITTAL FORM PROJECT: Salt Flats Drainage System Improvements Phase III Sta. 5+20 through Sta. 17+50 (City Project No. 2317)- OWNER: ENGINEER: City of Corpus Christi Urban Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/09} Page 28 of 28 1 A G R E E M E N T THE STATE. OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 15TH day of FEBRUARY, 2011, 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 $414,290.10 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17 +50 PROJECT NO. 2317 (TOTAL BASE BID: $414,290.10) 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 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses.. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev_ Jun -2010 P R O P O S A L F O R M F O R SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5-20 THROUGH STA. 17 +50 PROJECT NO. 2 317 DEPARTMENT OP ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS 'StOPOSAL FORM PAGE 1 OF 7 Proposal of OR P R O P O S A L Place: Date: - 1- Kok\ " t C7 oje S 6.3, cs. �L a Corporation organized and existing under the laws of the State of Tr. Yo \S 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: SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH.STA.. 17 +50 PROJECT NO. 2317 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, tn- wit PROPOSAL FORM PAGE 2 OF 7 SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA, 5+20 THROUGH STA. 17 +50 PROJECT NO 2317 BASE BID BID ITEM QTY & UNIT 1,276 Excavate to Deepen Channel from Sta. 5,20 to Sta. 12 +77, complete in place per LP Clean Sides of Existing Channel from Sta_ 5 +20 to Sta. 12+77, complete in place per LS Remove and Replace 26' Wide Section of Concrete Lining from Ste. 13 +10 to Sta. 16 +40 complete in place.per SY Railroad Bridge No. 1 Channel Improvements, Sta. 13+14 to Sta. 131-48, complete in place per LS Railroad Bridge No. 2 Channel Improvements, Sta. 24 +64 to Ste. 25+53, complete in place per LS - Channel Gravel Base as Necessary for Wet Conditions, complete in place per SY Railroad Protective Liability Insurance., complete in place per LS Demobilize /Remobilize for Hurricane, complete: in place per EA Breakout and Repair Failed Concrete Liner, complete .in place per SF BID ITEM EXTENSION (QTY & UNIT PRICE TN FIGURES) PROPOSAL FORM PAGE 3 OF 7 SALT FLAPS DRAINAGE SYSTEM IMPROVEMENTS PRASE 1II STA. 5 +20 THROUGH STA. 17+50 PROJECT NO. 2317 BASE BID Utility Allowance (Mandator, Allowance), complete in place per LS BID ITEM EXTEATSION (QTY & UNIT PRICE Irr FIGURES) TOTAL BASE BID: (Item 1 thru 11) MOTE: The above unit prices must include all labor, profit, insurance, etc., to cover the finished work of the several kinds Called for reserves the .right materials, bailing, removal, overhead, to increase or decrease the quantity are ap�,rarimate, include an additional 5% and the .Owner Do not order te, incl based on these a , of any bid item. The above quantities in some cases, and may vary from the final quantities. roximate uantrt.�eS. PROPOSAL FORM PAGE 4 OF 7 The undersigned hereby declares that he has visited the site and has ca.re.fuL�_y examined th., documents relating to the work covered by his bid or bids, that agrees to do the work and that no representations made by he in any sense a warranty but are mere estimates for the guidancelo f the Contractor, the Wpon notification of award of contract we (2.0) calendar days execute the formal contract and will d li er en Performance Bond (as required) for-the. faithful contract aid a Pa a yment Bond (as required) performance of this labor and Materials_ The bid bond attached to this proposal, payment for ale amount o.fo of the highest amount bid proposal, in the the City of Corpus Christi in the event the contract and bonds pert Y of executed within the time above set forth as foe toe delay and additional work caused thereby. liquidated damages for the 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 be purpose_ Number of Signed Sets of Documents: bonds will. be prepared in not less than four counterpart contract (original orig all signed) sets. Time of Completion: The undersigned agrees to complete the 90 Calendar Days from • the date designated a . nated b Wr work within o.r k order Order. Completion shall be based on accordance ,with the plan, specifications, satisfactory work, completed; in accepted by the City. peciL, c:'ations, and contract documents and The undersigned further declares that he will provide necessary tools and apparatus, do all necessary the work and all and do everything required furnish all work covered by y g re uiz`ed to carry out the above mentioned documents a;hd the this proposal, in strict accordance with the contract requirements pertaininghereta, for the sum or sums documents set forth.: Feceipt of t e following addenda is acknowledged (addenda : i_ I ( ( enda (SEAL - I F I D D E R . a Cox poratioz 2 - i nrtr NOTE: Do not ;detach bid from other a e'�- ephon�: pers. Fi11 in :with ink and submit complete with attached papers. (Revised August 2000 Respectfully Name: 'By: ,Address, PROPOSAL. FO.RM PAGE 5 OF 7 submitted': (SIGNATURE) (P.O. Box) (Street) (Cit _) (State) (Zip) % ATTE T: City Secretary APPROVED S T LEGAL FORM: By: Asst. City Attorney ,ATTEST: (.If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRI By: �UL Juan Perales, .,P.E. Assistant Cit, Manager Engineering /Development Services By: Pete Anaya, P_E. Director of Engineering Services CONTRACTOR Bridges Specialties, Inc. :ie, $\--es'i�e'`� 117 STOVALL, (Address) SANDIA, TX 78383 (City) (State)(ZIP) 361/215 -5141 * 361/547 -1769 (Phone) (Fax) Sao r [- 045 AUTH0RIZtta 81 cOurICIL_ as 5 rr Page 3 of 3 Rev. Jun -2010 SECI€TARY I STATE OF TEXAS § COUNTY OF NUECES § PAYMENT BOND KNOW ALL BY THESE PRESENTS: THAT Bridges Specialties, Inc. of JIM WELLS County, Texas, hereinafter called "Principal ", and aA4TI �. ( ' -fir ; ,)� �L a corporation organized under the laws of the State of JJ C , and duly authorized to do business in the State of Texas, hereinafter called ".Surety ", are held and firmly bound unto. the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FOUR HUNDRED FOURTEEN THOUSAND, TWO HUNDRED NINETY AND 10/100 ($414,290.10) 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 15TH day FEBRUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17 +50 PROJECT NO. 2317 (TOTAL BASE BID: $414,290.10) 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 statutes of. the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF; this instrument is executed in 4 copi s, each one, of which shall be deemed an original, this the day of l'i'lar..c ii , 20 j/ PRINCIPAL B (Print Name & Title).. ATTEST (Print Name & Title) 5eS SURETY Suretec Insurance Company The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: c Agency: 1 par, , ` (17 c.( i (it I i &(] x.ti Contact Person:`�'('`f 1 ` Address: / _ or-i51--; fry (TjLJ( Phone Number: t_�y r '3 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § t4.336g KNOW ALL BY THESE PRESENTS: THAT Bridges Specialties, Inc. of JIM WELLS County, Texas, hereinafter called "Principal ", and fi'r,uri ee A (Indt a corporation organized under the laws of the 'State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of FOUR HUNDRED FOURTEEN THOUSAND, TWO HUNDRED NINETY AND 10/100 ($414,290:10 ) 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 15TH of FEBRUARY 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5. +20 THROUGH STA. 17+50 PROJECT NO. 2317 (TOTAL BASE BID: $414,290.10) 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 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES p.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 REt Certification of Power of Attorney for Performance and Payment Bonds Projedt Name /No.:S ait Flats Dra1na e S stern Im rovements Phase 3 Sta 5 +2Q through Sta 17 +50, Project 2317 Surety Company:____ __ SureTec Insurance Company Gentlemen: I, Carr Fletcher (name of Officer of surety) , hereby certify. that the facsimile power of attorney •submitted by Richard W. Daiker (Attorney-In-Fact) for Bridges Specialties, Inc. . (Contractor), a:copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the Suret•,company in its- home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with 'the surety_. In the -event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven•(7r) 'days thereof at the following address: City of Corpus Christi •Department of Engineering services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this 15th -day of T . March 1. Name : Cam Ftetcher - Tit3.e: Vice President Sworn and subscribed to. before. me- on this 15th day of 20 11 (Revises! 9/03) March Notary Public State of Texas My. Commission .Expires : 11112/2013 ATTACHMENT 1 l OF 1 POA #: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know 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 Richard W. Daiker, Aaron Endris, Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, April Terbay 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, recognirtnces, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for Five Million and 00/100 Dollars ($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 -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be 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 full power and authority to appoint any one or more suitable persons as Attorneys) -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 instruments 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 bond or undertaking to which it is attached. (Adopted at a meeting held on 20°x' 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 3rd day of September, A.D. 2010. State of Texas ss: County of Harris SURETEC INS ' E C By: ANY John resident On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., 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 Directors of said Company; and that he signed his name thereto by like order. polorroromarinirmarraelmmon �� RY �a N� ,IACOUEtYN MALDONADO IL?=� °`R1_ Notary Public, State of Texas �4 My Commission Expires Z.2: � Y�� May 18, 2013 ivioloadr ado, Notary Public May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a 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 Houston, Texas this day of A.D. M. Brent Beaty, Assistant 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 (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. This bond is giv 'en 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 copi each on n of which shat be deemed an original, this the day of f Gay:. €i , 20 . PRINCIPAL BY: J610c--. (Print Name & Title) ATTEST. ridc3es-5 (Print Name & Title) SURETY tec Inst anc AmPanY The Resident Agent of the Surety in Nueces County, Texas," or delivery of notice and service of process is: Agency: Contact Person: Address: Phone Nzmrber: (NOTE: Date I/) nj, > iriurria742. "norm (00 q L( cL )r ^.:.r'r ;l+ S o of Performance Bond must not be prior to date of contract) Performance Bond Page 2 of 2 (Revised 3/08) City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED B II CHASING D]V ISION CITY OF CORPUS DISCLoSUp OF INT CHRISTI EREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms provide the following information. Every question must be answered. If the questioni� to not applicable, �a sw City wito "NA". See reverse side for Filing Requirements, Certifications and definitions, answer with COMPANY NA.ME: t9 / C ill P. O. BOX: --� STREET ADDRESS: -- --`�� p �nVRI� CITY t ZIP g FIRM IS: C' 1. Corporation 4. Association. ❑ 5. Partnership ❑ 3. Sole Owner 0 Other ❑ If additional space is necessary, DISCLOSURE SURE QUESTIONS 1. State the names of each "employee" of the City o1 FCorpus Christi Navin attach separate sheet. more of the ownership in the above named "fu-m." • g "ownership interest" constituting 3% or Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownershi p interest" constituting 3% or more of the ownership in the above-named "Erin." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting or more of the ownership in the above named "firm." Name 3 /a Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who matter related to the subject of this contract and has an "ownership interest" o e ownership in the above named "firm," worked on th constituting 3% or more of the Name Proposal Forms PAGE6 OF 7 Consultant FILING REQUIREMENTS a person who requests official action on a matter that us action will confer an economic City official or employee that is distinguishable from the effect that the action will have on members of the general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City officialbemployee or body that has been requested to act in the matter, unless the interest of the City official or employee public is apparent. The disclosure shall also be made in a signed or appar (d)] fined writing filed with the City cret in the Section n �' ar3'� [Ethics Ordinance 5ecrion 1 certify that all information provided is true and coo ectt as of the date of this statement, that I have not of Corpus Christi, Texas as changes occur. knowingly withheld disclosure of any infomlation requested, and that supplemental statements will be.promptly submitted to the City Certifying Person: n L . .. - (Type or Print) Signature of Certifying Person: a. Title C Date: r- Q "Board member." A member of any board, commission, DEFINITIONS committee Corpus Christi, Texas. appointed by the City Council of the City of b: "Economic benefit ". An action that is likely to affect an economic interest if it is interest that is distinguishable from its effect on members oldie public in general orla- substtant al e effect e to "Employee." Y } Corpus segment thereof. Any person employed b the City of Co us Christi, Texas either on a full or part_ time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, established to produce or deal with a product or service, including but not limited to, entities o. erated " sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, and whether s p or trust, and entities which for purposes of taxation are treated as non-profit organizations, p to the form of P Y�.1 venture, receivership e. "Official_" The Mayor, members of the City Council, City Manager, Deputy City Manager, Department and Division Heads, and Municipal Court Judges of the. City of Corpus hriti, etas. City Managers, , Texas. f. "Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, inc when such interest is held through an agent, trust, estate or holding entity. " Constructively held refers to holdings or control established through voting trusts, proxies, or special terms of venture g ry. ' lading or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects,. hired by the City of Corpus C purpose of professional consultation and recommerndation.' hristi for the c. Proposal Form PAGE 7 CrF 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATe(MMIDD/YYYYI 3/14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwal3. TX 75087 CONTACT Alicia Riker NAME: (A1CNNo Exit: (972)771'"4071 AC Not- f9721771 -4695 E-MAIL ADDRESS. akiker @kandsins . com PRODUCER 00015807 CUSTOMFR ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Bridges Specialties, Inc. I17 Stoval St Sandia, TX 78383 INSURER A :Catlin Specialty Insurance Co LIABILITY COMMERCIAL GENERAL LIABILITY INSURER B :Travelers Insurance Company X INSURERc:Texas Mutual Insurance Company G1,S1006120511 Form #C1 20100704 Form #CG24041093 INSURERD: INSURER E : $ 2 , 000 , 000 INSURER F : 5/10/2011 COVERAG ES CERTIFICATE NUMBER:CL1131410823 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSU ANCE ADM INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDlYYYYI POLICY EXP IMAIIDDIYYW) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR Claim X X G1,S1006120511 Form #C1 20100704 Form #CG24041093 5/10/2010 EACH OCCURRENCE $ 2 , 000 , 000 X 5/10/2011 DAMAGE TO RENTED PREMISES (Ea occurrence). $ 100 , 000 CLAIMS -MADE X ✓ MED EXP (Any one person) $ 5 , 000 X $2,500 Ded per PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ if 2,000,000 GENT, AGGREGATE LIMIT POLICY n PRO- JECT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , 000 , 000 LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAR OCCUR V CLAIMS -MADE XSS1006170511 5/10/2010 5/10/2011 V" EACH OCCURRENCE $ 1 , 000 , 000 X _ AGGREGATE $ . 1 , 000 , 000 DEDUCTIBLE RETENTION $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y! N N / A X TSF0001144547 Form #>rC420304A 5/11/2010 5/11/2011 WC STATU• OTH- X TORY LIMITS_ ER E.L. EACH ACCIDENT $ 1,000,000 Y E.L. DISEASE - EA EMPLOYEE $ �/ / 1 , 000 , 000 below E.L. DISEASE - POLICY LIMIT Y $ 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project #2317 Salt Flats Drainage System Improvements Phase III The City of Corpus Christi is named as additional insured on the General Liability policy shown above- CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE R Daiker- •1 /ALICIA ACORD 25 (2009/09) INS025 (200909) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Friday, March 04, 2011 10:34 AM 4WRb' Receptionist 361 -664 -5425 CERTIFICATE OF LIABILITY INSURANCE OP ID: ER DATE (MMffyyyy) l 03/02/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the eerliticate holder Is an ADDITIONAL INSURED, the pollt<y(iss) must bs endowed. if SUBROGATION IS WAIVED, subleat to— the terms and manakins Otani policy, certain policies may require an endorsement A statement on this certificate dims not confer rights to tllo cortilcato holder In llou of such ondoraemont(s). PRODUCER 3814844421 Kestch a Associates Insurance 381- iIB4.5425 P. O. Box 1210 AEC*, TX 78333 Kevin O. Kuell:11 co PNpi1e F' IAte. NE. alts: . Nvl: c-IL ADMEN: PCuei0Nle m t BRIDA -1 !IIUREgIIAFFORDING COVERAGE NAIL * , INSURED Bridges Specialties Ina 117 Stovall Sondia, TX 783B3 INSUlrailA : Travelers Casualty insurance GENERAL PMUNBR a AL Li WLITy ❑ OCCUR INWRIIRC: INBURHI D : IMIURM a: EACH OCCURRENCE INEURSII Pi COVERAGES CERTIFICATE NUMBER! THIS 16 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIEB. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iaY. TYPE Or INeYRMEE �•.. „ q M ,l...ai 1,/.i.1J,111i. a MITE GENERAL LIABILITY COMMERCIAL G ENER AL Li WLITy ❑ OCCUR EACH OCCURRENCE : PREIA19Es /Ea RENTED s CLAIMS -MADE MED ERE (My Eno Phi 5 PERSONAL 3 ADV INJURY 3 GENERALAGGR!GAT! $ GEML AGGREGATE umir APPLIED PER 7 PouaT n !ref 7 Loc PRODUCTS • COPP/OP AGO 1 : A AUTOMOBILE X X X LIABILITY 1UVY AUTO i ALL OWNED AUTOS SCHEDULED AUTOS MIRED AUTOS NON OV,Mi'D AUTOS �( BA3000X540 03103111 0319517 COMBINED SINgLE LIMIT lei' .,,,,c„„, _ t,flaa,tlaw LY I BODILYINJURY (PS Olen) : BODILY INJURY (Per scddsr+) 5 PROPERTY DAMAGE (Pin 199d rit) ` S UMORELLAUM MEMO LIAe _ OCCUR CLAIMS-MADE EACH OCCURRENCE 3 AGGREGATE i _ 0EDUOTIBL! RETENTION 5 1 1 WOR11ER&COMPENSATION AND EMPLOYERa LIABILITY ANY PROPRIETORIPARTNEIVEXECUTIVE UFilrov amw.c M:LVL LIP (Msidstvry In NN) If dorplltY Unr,pr DE6G`RIPTION OF OPa'r1ATIONS welt'« NIA n RITI R OH- E.! EACH ACCIDENT $ EL. DISEASE - EA EMPLOYE $ EL DISEASE - POLL T LIMIT 4 DEBCNIPTIDN OP OPERATIONS 1 LDICASION!i V!NRLIZ (AlimitADORD 1E1, ASlitienel Rormli Behithile mom mini Is rrqulrsd) Protect 102317 Bait Flats Drainage System Improvements Phase ill. City of Carpus Chrielt M named as Additional Insured on Auto policy with 30 Day Notice of Cancellation_ CERTIFICATE HOLDER CANCELLATION GITYCC2 City of Corpus Christ Dept of Engineering Services Ann; Corltrect Administrator' P.O. 00X NTT Corpus Christi, TX 70489.9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE %MTH THE POLICY PROVISIONS. AUTHORIZED REPIIE$!NTATLV! Kevin G. Keetch ACORD 28 (2008!08) m 18815-ZOOS ACORD CORPORATION. All rights resented. The ACORD name end logo are registered marks of ACORD p.02 COMMERCIAL GENERAL LIABILITY CG 20/00704 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): Locations) 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 11 — 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 ❑ COMMON POLI All Coverage Parts included in this policy are subject to A. Cancellation 1. The first Named Insured shown in the Declara- 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 X 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 Declara- 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 right to: a. Make inspections and surveys at any time; 11 00 17 11 98 IL 00 17 11 98 CY CONDITIONS the following conditions. 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 taws, 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 0 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. Banns Steven C. Adams President Secretary ABAP 401 0807 June 8,2010 To: Jeff Bernsen 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) 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 Texas Changes CG2010 0704 Addt'I Insured - Owners, Lessees or Contractors - Sched Person or Org CG2134 0187 Exclusion - Designated Work CG2167 1204 Fungi or Bacteria Exclusion CG2173 0108 Exclusion of Certified Acts of Terrorism CG2234 0798 Exclusion Construction Managment Errors And Omissions CG2279 0798 Exclusion - Contractors - Professional Liability CG2404 1093 Waiver of Transfer of Rights of Recovery Against Others to Us IL0168 0502 Texas Changes - Duties IL0275 0503 Texas Changes - Cancellation and Non- Renewal ABAP 302 1007 Page 2 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 Texas Changes CG2010 0704 Addt'I Insured - Owners, Lessees or Contractors - Sched Person or Org CG2134 0187 Exclusion - Designated Work CG2167 1204 Fungi or Bacteria Exclusion CG2173 0108 Exclusion of Certified Acts of Terrorism CG2234 0798 Exclusion Construction Managment Errors And Omissions CG2279 0798 Exclusion - Contractors - Professional Liability CG2404 1093 Waiver of Transfer of Rights of Recovery Against Others to Us IL0168 0502 Texas Changes - Duties 1L0275 0503 Texas Changes - Cancellation and Non - Renewal ABAP 302 1007 Page 2 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 ABAP002 1108 ABAPD00 0308 SAGL001 0208 ABAP401 0807 ABAP900 1008 CG0001 1204 IL0017 1198 SAGL401 0508 IL0021 0504 CG0062 1202 SSMP600 0308 CG2149 0999 SSGL613 0308 SAGL600 0508 CAGL419 0807 SAGL602 1109 SAAP601 0508 CAGL401 0807 CAGL614 0907 CG0067 0305 Common Policy Declarations Page Policyholder Disclosure Notice of Terrorism Insurance Coverage Commercial General Liability Insurance Declarations In Witness Endorsement Service of Suit Commercial General Liability Coverage Form Common Policy Conditions Liability Deductible Endorsement Nuclear Energy Liability Exclusion Endorsement (Broad Form) War Liability Exclusion Organic Pathogen Exclusion Total Pollution Exclusion Endorsement Subcontractors Warranty Miscellaneous Exclusions Endorsements Amendment of Liability Premium Conditions and Minimum Eamed Premium Exclusion - Designated Professional Services Addtional Exclusions and Provisions Liability Insurance Non - Stacking Endorsement "Assault and Battery Hazard" Exclusion Exclusion - Violation of Statutes that Govern Email, Fax and Phone ABAP 302 1007 Page 1 of 2 Policy Number: GLS- 100612 -0511 CAT 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: 05/10/2010 To: 05/10/2011 At 12:01 A.M. both dates at your mailing address shown above. Iona &e to P (ley Holders: HIS INSURANCE CONTRACT IS WITH AN INSURER NOT LICENSED TO TRANSACT INSURANCE IN THEE TATE AND IS ISSUED AND DELIVERED AS SURPLUS LINE COVERAGE UNDER THE TEXAS INSURANC • TATUTES. THE TEXAS DEPARTMENT OF INSURANCE DOES NOT AUNT THE FINANCES OR REVIEW HE SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING THIS COVERAGE, AND THE INSURER IE 1OT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CREATES ENDER CHAPTER 462, INSURANCE CODE. CHAPTER 225, INSURANCE CODE, REQUIRES PAYMENT OF 4.85 PERCENT TAX ON GROSS PREMIUM. ASAP 002 1108 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission Policy Number: GLS- 100612 -0511 J T L 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 1 Form of Business: Corporation Business Description: underground utilities water, sewer, concrete work Policy Period: From: 05/10/2010 To: 05/10/2011 At 12:01 A.M. both dates at your mailing address shown above. I • tIce to P .!icy H Iders: HIS INSURANCE CONTRACT IS WITH AN INSURER NOT LICENSED TO TRANSACT INSURANCE IN THIS ,TATE AND IS ISSUED AND DELIVERED AS SURPLUS LINE COVERAGE UNDER THE TEXAS INSURANC TATUTES. THE TEXAS DEPARTMENT OF INSURANCE DOES OT AUDIT THE FINANCES OR REVIEW HE SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING THIS COVERAGE, AND THE INSURER If. IOT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CREATES INDER. CHAPTER 462, INSURANCE CODE. CHAPTER 225, INSURANCE CODE, REQUIRES PAYMENT OF 4.85 PERCENT TAX ON GROSS PREMIUM. ABAP 0021108 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 Friday, March 04, 2011 10,34 AM Receptionist 361 -664 -5425 TRAVELERS, CHANDE EFFECTIVE DATE: 02.43 -11 One Tower Square, Hartford, Connecticut 08193 CHANGE ENDORSEMENT Named Immured: BRIDGES SPECIALTIES INC BRIAN BRIDGES Policy Nunber: BA- 3000X540- 11 -SEL policy Effective Date: 02/03/11 Ieeue Date; 02/07/11 Premium $ 0 INSURING COMPANY; TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA affective from 02/03/11 et the the of day the Wier becomes effective, THIS INSURANCE IS AMENDED AS FOLLOWS' THE COMMERCIAL AUTOMOBILE COVERAGE PART IS AMENDED AS FOLLOWS' THE FQLLOWINC FORR(S) Ann /OR ENDQRSEM>+wT(S) I$ /ARE ADDED TO THE POLICY AS PER FQRN(S) ATTACHED: CA T3 25 02 99 ADD 30 DAYS DNOC IN FAVOUR OF CITY OF CORPUS CHRISTI P 0 BOX 9277 CORPUS CHRISTI, TX, 78469 NAME AND ADDRESS OF AGENT OR BROKER: EEETCH & ASSOCIATES INS (a0208) PO BOX 1910 ALICE, TX 783331910 IL 70 07 09 87 PACE 1 OP 1 OFFICE: HOUSTON COUNTERSIGNED BY: leati Authorized Representative DATE: p, 03 rriaay, iviercn u4, to i i Iu:34 HM Receptionist 361- 664 -5425 Policy # BA3000X540 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified bythe endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A Coverage, 4. Coverage Extensions Is emended by adding the following; Personal Effects Coverage We will pay up to 8400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) In or on your covered "auto in the event of a total theft "lose" of your covered °auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions Is amended by adding the following; Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage Is provided, we will pay any unpaid amount due un the lease or loan for such covered "auto" less the following; (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any (a) Overdue lease/loan payments at the time of the "loss'; (b) Financial penalties Imposed under a lease for excessive use, abnormal weer and tear or high mileage; (c) Security, deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous loans or leases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION 111 — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c 8 4.d Is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled In the covered "auto" at the time of the "lose" or is removable from a housing unit which le permanently Installed In the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the `em's" electri- cal system, In or upon the covered "auto'; or D. WAIVER OF DEDUCTIBLE —GLASS SECTION III — PHYSICAL DAMAGE COVER - AGE, D. Deductible Is amended by adding the following: No deductible For a covered "auto" will apply to glass damage If the glass Is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER" AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions le amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion It hired "autos" are covered "autos" for Liability Coverage and this policy elso provides Physical Damage Coverage for an owned "auto`, then the CA T4 20 07 06 Includes the copyrighted materiel or Ineurence Services Office, Inc. with ita perrnieeion• Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. p,0s Friday, March 04, 2011 10;34 AM Receptionist 381- 884 -5425 COMMERCIAL AUTO Policy # BA3000X540 Physical Damage Coverage Is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" In any one "accident to a hired, rented or borrowed "auto" is the leaser of (a} $80,000; (b) The actual cash value of the dam- aged or stolen property as of the time Of the "lose "; or (e) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of e total "IoW, (3) If a repair or replacement results In better than like kind ur quality, we will nut pay for the amount of betterment, (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto`. (5) This Coverage Extension does not apply to (a) Any "auto "that Is hired, rented or bor- rowed with a driver; or (b) Any "auto' that Is hired, rented or bor- rowed from your "employee ". �[1 F. BLANKET WAIVER OF SUBROGATION �r SECTION IV —BUSINESS AUTO CONDITIONS, A. Loss CondmSons, 5. Transfer Of Rights Of Recovery Against °there To Us Is deleted and replaced by the fallowing: 5. Transfer Of Rights Of Recovery Against otters To us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss', pro. vided that the "accident" or "less" arises out of the operations contemplated by such con. tract. The waiver applies only to the person or organization designated In such contract, G. BLANKET ADDITIONAL INSURED SECTION 11-- LIABILITY COVERAGE, pelt A. 1. Who Is An Insured, paragraph c. is emended by adding the following: Any person or organization that you are requi red to include as an additional Insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily Injury" or "property damage" occurs and that Is In effect during the policy period Is an "Insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an Insured" under the Who Is An Insured provision contained In Section il, H. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- eratge,1. Who Is An Insured Is amended by add- ing the following; An "employee" of yours Is an "Insured` while op- erating an "auto" hired or rented under a contract or agreement In that "employee's" name, with your permission, while perrorming duties related to the conduct of your business, 1. COVERAGE EXTENSION —TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted end replaced by the fallowing: 1. 'Trailers" with a load capacity of 3,000 pound° or lees designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of !neuronal Senvicos QtTlcs, Inc. with its perniaion. CA T4 20 07 00 Includes the copyrighted material of The at. Paul Travelers Companies, Inc. p.08 Friday, March 04, 2011 10:34 AM Receptionist 361 -664 -5425 Policy # BA3000X540 COMM ERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES Fora covered "auto" licensed or principally garaged In Texas, this endorsement meddles Insurance provided un- der the folluwlny: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by thls endorsement, the provisions of the Coverage Form apply unless modi- fied bythe endorsement. A. Changes In Physical Damage Coverage 1. The following exclusion Is added to Para- graph B. Exclusions In the Physical Dam- age Coverage Section: Wa will not pay for "loss" due to or es a con- sequence of a seizure of a covered 'auto* by federal or state law enforcement officers as evidence In a case against you under the Texas Controlled Substances Act or the fed- eral Controlled Substances Act If you are convicted In ouch moo. 2. Paragraphs C.2. and C.3. of the Limit Of In- surance Provision under Physical Damage Coverage do not apply. 3. Paragraph D. Deductible In the Physical Damage Coverage Section Is amended by tho addition of iha following: At the mutual agreement of you and us, we will not apply the deductible to "loss" to glass, if the gloss le repaired rather than replaced. B. Changes In Conditions The following Condition is added: CLAIM HANDLING PROCEDURES 1. Within 15 days after we receive written notice of claim, we will: a. Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the rJdln, rnn�ruri acrd wrrinrrl ur tiler acisrruwl- edgment; b. Begin any investigation of the claim; and c. Specify the Information you must provide in accordance with Paragraph b. of the Duties Condition. CA 01 96 03 06 We may request more Information at a later date, it during the Investigation of the claim such additional information is necessary. 2. After we receive the information we request, we will notify you In writing as to whether; a. The claim will be paid; b. The claim has been denied, and Inform - you of the reasons for dental; c. More Information Is necessary or d. We need additional time to reach a deci- alon, if we need additional time, we will Inform you of the reasons for such need, We will provide notification, as described In 2.e through 2.d. abcwe, within: a. 15 'business days": or b. 30 days If we Rave reason to ooelleve me loss resulted from arson. If we have noted you that we need addi- tional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. 3. If a claim resuits tram a weather related ca. tastrophe or a major natural disaster as de- fined by the Texas Department of Insurance, the claim handling deadlines doeorlbed above are extended for an additional 15 days. 4. If we notify you that we will pay your claim, or part of your claim, we will pay within 5 "busi- ness days" after we notify you. However, if payment of the claim or part cf the claim Is conditioned on your compliance with any of the terms under this policy, we will make payment within 5 "business days" after the date you have complied with such terms. IR ISO Properties, Inc., 2005 Page 1 of 2 p.07 Friday, March 04, 2011 10:34 AM Receptionist 361 -664 -5425 POLICY NUMBER: BA- 3000x540- 11 -8EL COMMERCIAL AUTO ISSUE DATE: 02 -07 -11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION Thla endorsement modifies Insurance provided by the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE 1, Name: CITY 01 CORPUS CHRISTI Address: 8 0 BOX 9277 CORPUS CHRISTI TX 78469 2. Number of Days Notice: 30 VI (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS We will man notice of cancellation or material limitation of these coverage forms to the person or organization shown above_ We will mall the notice at least the Number of Days indicated above before the effective date of our action. p.04 TexasMutual company WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: 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- 0001 144547 20100511 of the Texas Mutual Insurance Company Issued to BRIDGES SPEC I ALT I ES I NC Premium $ 0 .00 WC420601 IED. 1.94) Endorsement No. 2 Authorized Representative WASENDRS 8 -26 -2010 TexaSMutuil® Insurance Company EXTENSION OF INFORMATION PAGE PAGE 3 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE NAME AND ADDRESS OF INSURED POLICY NUMBER BRIDGES SPECIALTIES INC 117 STOVALL SANDIA, TX 78383 -5731 TSF-0001144547 201005 11 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 aftheTexas Mutual Insurance Company Issuedto BRIDGES SPECIALTIES INC Premium $ 0.00 WC000001 (ED. 1 -94) Endorsement No. 7P1.1.1-- Authorized Representative WASENORS 8 -26 -2018 ithr TexasMtr InsuritceCompany EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED BRIDGES SPECIALTIES .INC 117 STOVALL SANDIA, TX 78383 -5731 ITEM 3D STATE NUMBER 42 TM -DIV -2001 42 TM -LRC -2008 42 PC -2003 42 TM -MV -2001 42 TM- TRIPRA -2008 42 TM -TPE -2008 42 WC00 00 OOA 42 WC00 00 01 42 WC00 04 06 42 WC42 03 01F 42 WC42 03 08 42 WC42 04 04 42 WC42 04 07 42 WC42 04 08 42 WC42 06 01 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE POLICY NUMBER TSF- 0001144547 20100511 ISSUE DATE 8 -26 -2010 ENDORSEMENT SCHEDULE ** DESCRIPTION DIVIDEND ENDORSEMENT LIMITED REIMBURSEMENT COVERAGE POLICY CONDITIONS ENDORSEMENT MUTUAL ENDORSEMENT FORM TERRORISM RISK INSURANCE PROG TERRORISM PREMIUM ENDORSEMENT WORKERS COMPENSATION AND EMPLO WORKERS COMP /EMPLOYERS LIAB PREMIUM DISCOUNT TEXAS AMENDATORY PARTNERS /OFFICERS /OTHERS EXCL GROUP PURCHASE OF WORKERS COMP AUDIT PREMIUM ENDORSEMENT NETWORK DISCOUNT TX NOTICE OF MATERIAL CHANGE EDITION DATE 9 -24 -2001 1 -01 -2008 3 -25 -2003 8 -20 -2001 1 -01 -2008 1 -01 -2008 11 -04 -1995 1 -01 -1994 1 -01 -1994 1 -01 -2000 1 -01 -1997 1 -01 -1994 3-23-2002 1 -02 -2003 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 201005/1 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 WORKERS' COMPENSATION AND EMPLOYERS exasmituz LIABILITY INSURANCE POLICY Insurance Company 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 8R I DOES SPEC I ALT I ES I NC Endorsement No. Premium $ 0.00 WC990301 (ED. 1 -94) Authorized Representative WASENDRS 8 -26 -2010