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Home My WebLink AboutC2011-193 - 3/29/2011 - Approved2011 -193 M2011 -075 03/29/11 Leoncitos 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 AT I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PREPARED BY: Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, Texas 78401 Phone: 361/561 -6500 Fax: 361/561 -6501 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3503 OF &4 PROJECT PROJECT NO : E10116 •: �� ° , # j *ga m � oe a�n mmvaommeommmmmmmaem ° mon NICHOLAS A, CECAVA ! ��mmaoevmevmemommDmmoa�ee DRAWING NO: STR 848 �� 0 97391 @�+ Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 (Revised 7/5/00) V CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO.E10116 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NO'T'ICE TO CONTRACTORS -A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -B (Revised August 2008) Worker's Compensation Insurance Requirements PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion/Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A =11 Cooperation with Public Agencies (Revised 7/5/00) - A - 12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation anal Removals A -16 Disposal /Salvage of Materials A, 7 Fiel Gff e (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Participation Policy (Revised 10/98) ;Pt-23 ins}seetien Requd4ed (Re-iF}sed 7,1e 00) (NOT USED) A -24 Surety Bonds w (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Respen.-sibi1ity fe3F �)amag-e Gla (NOT USED) A -28 Considerations for Contract Award and Execution A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 (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" TABLE OF CONTENTS PAGE Y OF 9 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: "Partial Estimates" A -41 Ozone Advisory A -42 OSHA Rules and Regulations A -43 Amended "Indemnification and Hold .Harmless" (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended "Prosecution and Progress" A -5.1 Dewatering and Disposal of Ground Water A -52 Storm Water Pollution Prevention Plan A -53 Video Documentation A -54 Electronic Proposal Form Submittal Transmittal Form Attachment I - Bond 2008 Project Sign Attachment II - Sample Computer Print -Out PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 . Site Clearing and Stripping S5 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK U22U22 Trench Safety for Excavations 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 0252 SUBGRADES AND BASES 025202 Scarifying and Reshaping Base Course S23 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement S54 025215 Cement Stabilized Caliche Base S47 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions S29 025412 Prime Coat (Asphaltic Material Only) S30 025414 Aggregate for Surface Treatment and Seal Coats S35 025418 Surface Treatment S32 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 TABLE OF CONTENTS PAGE 2 OF 4 0256 CONCRETE WORK 025608 Inlets S63 025610 Concrete Curb and Gutter S52 025612 Concrete -Sidewalks and Driveways S53 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025805 Abbreviated Pavement Markings S01 025807 Pavement Markings (Paint and Thermoplastic) S45 025813 Preformed Striping and Emblems 025816 Raised Pavement Markers and Traffic Buttons 025818 Reference - Pavement Markers (Reflectorized) (TxDOT D -9 -4200) 025828 Reference - Bituminous Adhesive for Pavement Markers (TxDOT D - 9 - 6130) 026 UTILITIES 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts S60 028 SITE IMPROVEMENTS & LANDSCAPING 028040 Sodding S8 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings and Covers S57 TABLE OF CONTENTS PAGE 3 OF 4 PART T - TECHNICAL SPECIFICATIONS 020 SITE ASSES SMENTS & CONTROLS 020001 Mobilization 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers 022021 Control of Ground Water 022040 Street Excavation 022080 Embankment 025 ROADWAY 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 0256 CONCRETE WORK 025620 Portland Cement Concrete Pavement LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 4 OF 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CIMARRON BLVD..RIGHT TURN LANE IMPROVEMENTS - Pro No. E10116 (At Cimarron and 5aratoga)consists of the complete removal of an existing curb and gutter dine and sidewalk, including removal of private driveway, with partial removal of a storm inlet, and construction of approximately 360 LF of additional turn lane, including curb and gutter, new inlet and storm pipe, concrete sidewalk, and associated pavement marking and signage imp=vements, along with phased reconstruction of a private driveway, pavement repair, and temporary traffic control, together with all appurtenances, and in accordance with the plans, specifications, and contract documents; will be received at the office of the City Secretary until 2 :00 p.m. on Wednesda , February 9, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 2.00 p.m., Tuesday, February 1, 2011 and will be conducted by the City. The location of. the meeting will be the Department of Engineering Services Main Conference Room, `third Floor, City Hall, 1201. Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each -- proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of _Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid -- date. Documents can be obtained by mail upon receipt of an additional $10.00 which is a non - refundable postage /handling charge. r .� 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" " yp , or mechanic " employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS 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 Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General. Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY - -OWNED NON -OWNED $1,000 - 1 000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS` WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY / $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long -term environmental impact for the disposal of ® NOT REQUIRED contaminants BUILDERS' RISK See Section B -6-11 and Supplemental Insurance Requirements ❑ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED ® NOT REQUIRED Page 1 of 2 The City of Corpus Christi must he named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the- City the other endorsements to insurance.. policies or. coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Di.scl.osure of'Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please' contact the Contract Administrator at 960 -3500. Wage 2 of 2 NOTICE TO CONTRACTORS. - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page.1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employerlemployee 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 Gr___aphie Page 3 of 11 (d) A contractor shall.: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; .(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4.) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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 personaI 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 (S) contractually require each person with wham 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, j 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 I I (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: Y (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: r (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; W (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 (S) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the .duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services_ (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. - (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1; 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §40). (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 Sill 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 statics as an employee. " "Call the Texas Workers' Compensation Commission at 5I2 =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 T28 S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert fcate'J- A copy of a certificate of insurance, a certificate of authority to se f insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- _ 82, TWCC -83, or TWCC-84), showings tatutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. R The contractor shall provide coverage, based on proper reporting, of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during - the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and r (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 'f F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas .Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (h) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes 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 _1 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 he covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of class f cation codes and payroll amounts, and that all coverage agreements will he filed with the appropriate insurance carrier or, in the case of a set(-insured, with the commission's Division ofSelf- 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 PART A SPECIAL PROVISIONS CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO. E10116 PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meetin 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, February 9, 2011 Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL, - CIMARRON BLVD. RIGHT TERN LANE IMPROVEMENTS Project_No. E10116 Any proposals not physically in possession of the City Secretary's Office at th e time and date of bid opening will be deemed late and nonresponsive. Late proposals _ p proposer. �rogoser is solely responsible for will be returned unopened to the ro veer. T h delivery to the City Secretary's Office. Delivery of a pnVosal, by the proposer, their agent /re resentative, U.S. Mail, or other delivery service, to an Cit address or office other than the Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Tuesday, February 1, 2011 beginning at 2:00 P.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Ball, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern- A-3 Description of Project Cimarron Blvd. Right Turn Lane Improvements - Project No. E10116 (at Cimarron and Saratoga) consists of the complete removal of an existing curb and gutter line and - sidewalk, including removal of a private driveway, with partial removal of a storm inlet, and construction of approximately 360 LF of additional turn lane, including curb and gutter, new inlet and storm pipe, concrete sidewalk, and associated pavement marking and signage improvements, along with phased reconstruction of a private driveway, pavement repair and temporary traffic control, together with all appurtenances and in accordance with the 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 -OR- 2. Total Base Bid plus Additive Alternate. Base Bid consists of all elements of the proposed work not specifically designated as an additive alternate or work to be performed by others. Part A - SP (Revised 12 /15/04) Page 1 of 23 f Additive Alternate No. 1 consists of constructing reinforced concrete pavement in lieu of flexible pavement. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the Cityrs opinion, is most advantageous to the City and in the best interest of the public. A -5 items to be Submitted. with Proposal The following items are required to be submitted with the proposal 1. 5% Bid Bond (Must reference Cimarron Blvd. Right Turn Lane Improvements Project No. E1O116 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 To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet the construction working time shown below. The working time for completion of the entire Project will be 45 calendar days. Start of construction is delineated by the Notice to Proceed. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and acceptance by the City. Days Allocation. for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater 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 45 Calendar Days as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be. independent of damages assessed for each stage, as described above. 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, $750.00 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 from the monthly pay Part A - SP (Revised 12/15/04) — Page 2 of 23 withhold and deduct from monies otherwise due the Contractor from the monthly pay estimates the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer.to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Pro osals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- _ receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A--10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Construction Type(s): Heavy and Highway and Heavy. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the .execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person . is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to. the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for. Minority /Minority Part A - SP (Revised 12/15/04) Page 3 of 23 'Business Enterprise Participation Policy for additional requirements concerning the .proper form and content of the payroll submittals.) One and one -half (1%2) 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 Cop eration 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 DIG TESS at 1 800 - 344 -8377 the Lone Star Notification Company at 1 800 --669 -8344, and Verizon Dig AhERT at 1 - 800 - 483 -6279. For the Contractor's convenience, the following telephone numbers are listed: L City Engineer ... .......................826 -3500 Project Engineer. ....................826 -3500 A/E Project Engineer, Nicholas A. Cecava, P.E. Freese and Nichols, Inc .............561 -6500 fax: 561 -6501 Streets & Solid Waste Services ......... 826-1940 Traffic Engineer .......................826 -3552 Police Department ......................886 -2600 Water Department . ......................826 -1881 (826 -1888 after hours) Wastewater Services Department ......... 826-1800 (826 -1888 after hours) Gas Department .. .......................885 -6900 (885 -6900 after hours) Storm Water Department .................826 -1875 (826 -1888 after hours) Parks & Recreation Department .......... 826 -3461 American Electric Power Co. (REP) ......1- 877 --373 -4858 (or 1 800 --373 -4858) Southwestern Bell Telephone Co. (SBC) ..881 -2511 (1 -800- 824 -4424 after hours) Signal /Fiber Locate ..............826 -1946 826 -1960 Cablevision ............................ 857 -5000 (657 -5060 after hours) ACSI (Fiber Optic) .....................887 -9200 (Pager 800- 724 -3624) CenturyTel ................... ... .225/214 -1169 (225/229- 3202(M)) ChoiceCom (Fiber Optic) ................881 -5767 (Pager 850 -2981) CAPROCK (Fiber Optic) ..................512 /935 -0958 (Mobile) Brooks Fiber Optic (MAN) .... ........... 972/753 --4355 TxDOT ........... .......................808 -2500 Part A - SP (Revised 12/15/04) Page 4 of 23 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 or not 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 of the City Engineer. (Refer to Section A -55 "Bypass Pumping Operations (Wastewater)" in these Special Provisions.) Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface, and the Contractor must pay for all fines and remediaticn that may result if sewage or other liquid contacts the streets, storm water, water body or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be- provided by the Contractor. A--13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. 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 of suitable material 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. paymen bv`3 1 1bemuac —cam cerrtra cce x . A--14 Construction Equipment S12illage 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 lines 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 sewers is allowed to Part A - SP (Revised 12/15/04) Paae 5 of 23 remain on the Project site or adjoining streets. U A -15 Excavation and Remov The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. , s y- �n:�= w111 be ffiade t o the � t . ' 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 the Contractor. A -17 Field.. Office (Not Used) MINOWN A - Schedule and SeSHence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet the construction working time shown below. The working time for completion of the entire Project will be 45 calendar days No additional time will be allotted for any Additive Alternate. Start of construction is delineated by the Notice to Proceed. Completion shall he based on satisfactory work; completed in accordance with the plans, specifications, and other contract documents and acceptance by the City. The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project. 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. Part A - SP (Revised 12/15/04) Pace 6 of 23 The plan must also indicate the schedule of the following work items: 1. Initial Schedule Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission Revise and resubmit as required by the City Engineer. 5. Bi- Weekly Update Submit Updated Construction Progress Schedule to show actual progress of construction by percentage against initial Schedule every other week until completion. 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 /Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with 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 Lavout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. A minimum of one (1) control point and one (1) project benchmark will be provided by the City or Consultant Project Engineer for the Contractor's use to layout the project. Mµj.er eentr =els and t e (2) benehfftar reefaired fe� prejeet layer }, will be pi5 e�idew by e Gi�y ehn Censultant Prei eet Engineer--. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. l €fix Amng eenstructio , it is zeeeessa2Ft .edist�rb er destLcey a eentrefeint er hedEs netlee se that alternate eentL=el paints eaR be established by the City er- Control points or benchmarks damaged, disturbed or destroyed as a result of the Contractor's operations 's gligen ee 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 Part A - SP (Revised 12/15/04) Page 7 of 23 f 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_ i 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 paj=- nd .:. P 4,�� Registered Professional Land Surveyor (R.P.L.S.) licensed in the State of Texas, retained and paid by the Contractor. The T14ii=d PaLct R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Part�ar -vo�� R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference; • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. w� Wastewater: • All rim /invert elevations at manholes; • — ;ll in s-eeting lines - in- manhei 439e) RX and RR Permits) 6dater • —R11 tep of valve -berms, • Vale. vault - r=ites; • Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; + Casing elevations (top of pipe and flow line) - (TX99T and RR ri fa it- A--20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the.City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after - corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. i The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The City will furnish two (2) Project signs for Project #E10116, as indicated in "Attachment No. 1- Bond 2004 Project Sign ", to be installed by the Contractor,. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations 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 Part A - SP (Revised 12/15/04) - Page 8 of 23 afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of 'Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the.City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0°% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.00 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 Part A - SP (Revised 12/15/04) Page 9 of 23 E to carry on a single business activity which is limited in scope and - direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) w 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be. substantially uniform throughout the length of the Contract and in each trade.' The transfer of minority employees frown. 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 M3E 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 ReSeired (Revised 7/5/00) (NOT USED) A -24 Suret Bonds -J 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 - Part A - SP (Revised 12/15/04) Page 10 of 23 - - -- - o -- - - - - - - - - - A -24 Suret Bonds -J 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 - Part A - SP (Revised 12/15/04) Page 10 of 23 authorized to do business in the State of Texas. If performance and payment - bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was.issued." A - 25 Sales Tax Exem tion (NO LONGER APPLICABLE) (6/11/98) SeetiaiLi B- 6 22, " fellewi g substitute in lxe�t - t- heiFeef MINIMUM MWE - - r 11111 for- all Sales rxeise,... - -and Use Tames— ajaplreable to this Ti=ej eet . S,�eentraeta are eligible fer sales taiE emeffl):t j:f= '.he oubeent a4 eer to 1.i.,, sulgp- -leer A - SypXlemental Insurance Requ irements For each insurance coverage provided in accordance with Section 3-6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Part A - SP (Revised 12/15/04) Paqe 11 of 23 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: Contracts Administrator 2. Address P.O. Box 9277 Corpus Christi, Texas 78969 -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 General Provisions, the Contractor shall obtain an endorsement to the' applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6--11 (a) of the General Provisions, 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 Respons±bility Responsibility for Damage Claims (NOT USED) 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 Part A - SP (Revised 12/15/04) ?acre 12 of 23 IN ON N MW� P-40 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 Part A - SP (Revised 12/15/04) ?acre 12 of 23 preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid_ A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may 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 of the General Provisions. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts Section 2-3 -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; Part A - SP (Revised 12/15/04) Page 13 of 23 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 M13E firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to. meet said requirements but that meeting such requirements is not reasonably possible; 6. A list of subcontractors that will be working on the Project. This list may. contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the _r 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 of the General Provisions; 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 Special Provision A -28 concerning "Considerations for Contract Award and Execution" and Special Provision A -29 concerning "Contractor's Field Administration Staff "; 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 ", Section B -8 -5 "Policy on Extra Work and Change Orders ", the present text is deleted and replaced with the following: "Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of Part A - SP (Revised 12/15/04) Page 14 of 23 $25300.00 must also be approved by the City Council." A -32 Amended "Execution of Contract" Regui.rements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section H -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 A the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor." A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A - 1 . A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special. Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications, and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation "Standard Specifications for Construction of 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 - City Water Facilities: Special Re irements (NOT USED) ?:. Vi. �i�o� !ContraEter��- e��a�re�r Prier to - performing weak of any . ty. wate . , .f acility, th E hi subeenhEaetars and each ef their empleyees meet have on their peEsen a valid eand eoRdweted by the City Water Department PeEsenneli TV Vishher/CentraeteF Safet-y Arientathen Program will - be- effeEe authorized City Water Department peEs-ennel far these persons --idhe de net ha$e —seen a card, and whe desir to perform any weak withhe any Gity water facility. FeF addlVenal hnfewmatieR refer te Altaekment T- The Gentraeter shall net r epeEa so step any paRp, me va r switeh b rea k er, eentrel, or any other item related te City water faeility at any time. All sueh items must he operated by an eperater er ether aet maintenanee empleyee -e-f the City - rte 9epert e�i G. Prebeetien of Water Qualiml The City most deliver water of drinking quality te its eustemers at all times. Th-e- Contractor shall pretest the quality ef the water -in the job site and sh eeeEdina%e its weak with the City Water Department to preteet the quality of the *�� repair All materials and equipmeSt need in the Eeassem , Part A - SP (Revised 12115/04) Page 15 of 23 .asa I I blue empleye 1 4- 1 -. 'ESC -�11— G Genti=aeteLc sha!4- pr-e-, Fide telephones fer Gent2�laeter plant t _ c. l_ ephe far persennel. G entra'etej = }se. .Y.a ee are net ava j:lable 14 . , ewn sanitary fae - -. IN �11 Staiidard Gpe eifieatr-..s— S Miami items , .asa I business I blue empleye 1 4- 1 -. 'ESC -�11— G Genti=aeteLc sha!4- pr-e-, Fide telephones fer Gent2�laeter plant t _ c. l_ ephe far persennel. G entra'etej = }se. .Y.a ee are net ava j:lable 14 . , ewn sanitary fae - -. IN �11 business I M ef weEk spee:�fieEl . years. herein fer- at least--& business I 3 He has iDeen aetively engaged in the type ef weEk spee:�fieEl . years. herein fer- at least--& IN �11 S Miami business I 3 He has iDeen aetively engaged in the type ef weEk spee:�fieEl . years. herein fer- at least--& Part A - 5P (Revised 12/15/04) Page 16 of 23 } nr .-.t the P as neeEled and La - e add thes ehaHges maEle diiE�ng the pr- example and all program. . tr-enehing fe,- 4��hj proje-# ;4# *:;;p 0, N. Stevens Wat-er T-reatment Plant shall be A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing-Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles Tn 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. Sched Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g, Variations Contractor must identify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. Part A - SP (Revised 12/15/04) Page 1'7 of 23 h. Space Requirements Contractor must provide adequate space for L Contractor and Engineer review stamps on all submittal forms. i. Resubmittals Contractor must revise and resubmit submittals as required by the City Engineer and clearly identify all changes made since previous submittal. j. Distribution Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, through 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 Repai,r.Report When specified in the Standard or 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 approve d for use on the Project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 Ia. 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 AoCe tance (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 Advisozy Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. if a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. Part A - SP (Revised 12/15/44) -- Page 18 of 23 A -42 OSHA Rules and Regulations Tt 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 and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B-6 -21 "Indemnification and 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 (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1.. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. 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: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. C. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A -46 _Disl2osal of Highly Chlorinated Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing,' disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands:or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. Tt will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. The methods of disposal Part A - 5P (Revised 12/15/04) Page 19 of 23 shall. be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. The Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction ExPloratory Excavations (7/5/00) Prior to any construction whatsoever on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') of proposed pipelines of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of .proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work on the Project until all exploratory excavations have been made in their entirety, the results thereof .reported to the Engineer, and Contractor has received Engineer's approval of the report. Exploratory excavations shall not be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully 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. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is.provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A -49 Amended. "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -8 -11 "Maintenance Guaranty " add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus.Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Part A - SP (Revised 12/15/04) — Page 20 cf 23 A -50 Amended "Prosecution and Progress- Under "General Provisions and Requirements for Municipal Construction Contracts", Section B -7 "Prosecution and--Progress , 1 1 , add the following "Funds are appropriated by the City on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a.later date, the Contractor. may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Dewat ering and Disposal of Ground Water As part of the Project requirements, the Contractor shall perform dewatering, depressuriztion, draining, controlling and disposal of ground water in excavations and trenches in accordance with Technical Specification Section 022021 "Control of Ground Water ". A -52 Storm Water Pollution Prevention Plan This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOI along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to the pre - construction meeting ar+ The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal T authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A -53 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary sewer) and storm water gravity lines and manholes installed on this Project. All inspections shall be made in accordance with Standard Specification Section 027611 "Television Inspection of Conduits ". A -54 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B -2 -7 "Preparation.of Proposal" is amended as follows: The bidder has the option of submitting a computer - generated print -out, in lieu of the Proposal Form (Pages 3 through 6, inclusive). The print -out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 6, inclusive). The print -out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 7, S. and 9. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these Part A - SP (Revised 12/15/04) Page 21 of 23 unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) « Part A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: Cimarron Blvd. Right Turn Lane Im rovements Pro No. 510116 OWNER: City of Corpus Christi ENGINEER: Freese and Nichols, Inc. CONTRACTOR: SUBMITTAL, DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Standard Specification 022100 Select Material Standard Specification 025424 H.M.A.C. Pavement (all types specified) Standard Specification 030020 Concrete Mix Designs (all classes specified) Technical Specification 025223 Crushed Limestone Flexible Base Technical Specification 025620 Concrete Pavement Mix Design (Class P) Part A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 29TH day of MARCH 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 Leoncitos, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $71,871.60 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO.E10116 (TOTAL BASE BID: $71,877.60) 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 snaps, 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 PROPOSALFORM FOR CIMARRON BLVD, RIGHT TURN LANE IMPROVEMENTS PROJECT NO. E10116 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Page 1 of 9 PROPOSAL Place: Date: Proposal of Leoncitos, Inc. a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as I TO: The City of Corpus Christi, Texas i Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CIMA:RRON BLVD. RIGHT TURN LAND' IMPROVEMENTS PROJECT NO. E10116 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Page 2 of 9 CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO, E10116 BASE BID PAK I A: STREET IMPROVEMENTS 1 11 III IV V BID BID I EXTEN N UNIT PRICE IN (qTY X UNIT PRIC E IN ITEM QTY $ UNIT DESCRIPTION FIGURES ' FIGURE S Al 1 Mobilization/ Bondsl Insurance, LS complete in place, per Lump Sum $1 $1,000.00 A2 0.18 C4ear Right -of -Way, complete in place, AC per Acre $ 1,000.00 $ 180==6,120.00 00 A3 510 Street Excavation, complete in place, per SY Square Yard $ 12.00 A4 1,285 Remove Concrete Sidewalk, complete in SF place, per Square Font $ 2.50 $ 3 212.50 A5 358 Remove Concrete Curb and Gutter, LF complete in place, per Linear Foot $ 9.00 $ 3,222.00 A6 120. Remove Concrete Driveway, complete in SY place, per Square Yard $ 20.00 $ 2,400.00 A7 1 EA Remove Inlet, complete in place, per Each $ 300.00 $ 300.00 A8 19 Remove Reinforced Concrete Pipe, LF complete in place, per Linear Foot $ 60.00 $ 1,140.00 A9 2 Remove Existing Street Sign, complete in EA place, per Eac h $ 250.00 $ 500.00 A10 1 Remove Existing Tree, complete in place, EA per Each $ 150.00 $ 150.00 All 200 Remove Existing Pavement Markings, LF complete in place, per Linear Foot $ 5.00 $ 1,000.00 Al2 470 12" Compacted Subgrade, complete in SY Place, per Square Yard $ 5.40 $ 2,53 .00 A13 470 12" Crushed Limestone Flexible Base SY (Type A, Grade 1), complete in place, per Square Yard $ 17.84 $8 A14 390 3.5" HMAC Pavement (Type D) Surface SY Course, complete in place, per 5 uare Yard $ 33.00 $ _12 . ,870.00 A15 470 Geogrid (TENSAR TX -5), complete in place, SY per Square Yard $ 3.20 $ 1,504.00 Page 3 of 9 CIMARRON BLVD, RIGHT TURN LANE IMPROVEMENTS PROJECT NO. El 01 IS PART 0• ATREFT 1MPP0Vr- U1=MTC rrnWrimi lent I II III I\I V tDE XTENSION BI❑ UNl7 PRIC E IN IT PRICE IN TEM DTY 8 UNIT #�ESCRlPTIQN FIGURES RES A16 59 Prime Coat (0.15 Gal /SY), complete in GAL place, per Gallon $ 10.00 $ 590.00 A17 355 6" Concrete Cures and Gutter, complete in LF place, per Linear Foot $ 15.50 $ 5,502.50 Ala 1,635 4" Concrete Sidewalk, complete in place, SF per Sguare Foot $ - 4.00 $ 6,540.00 A19 186 6" Concrete Retaining Curb (9" Maximum LF Height), complete in place, per Linear Foot $ 14.00 $ 2,604.00 A20 67 6" Reinforced Concrete Driveway, complete SY in place, per S uare Yard $ 40.00 $ 2,680.00 A21 145 Block Sodding, complete in place, SY per Square Yard $ 72 $ 887.80 A22 10 Remove and Replace Sprinkler Head, EA complete in place, per Each 60.00 $ 600.00 A23 4 5' Standard Curb Inlet, complete in place, EA per Each $ 200.00 $ 200.00 A24 4 24" pia. RCP (Class 111), complete in place, LF per Linear Foot $ 60.00 $ 240.00 A25 15 36" Dia_ RCP (Class Ill), complete in place, LF per Linear Foot $ 75.00 $ 1 A26 1 Tie -in Existing 24" Dia. RCP, complete in EA place, per Each $ 400.00 $ 400.00 A27 1 Tie -in Existing 36" Dia. RCP, complete in EA place, per Egch $ 400.00 $ _ 400.00 A28 19 Trench Safety for Storm Water Pipe, LF complete in place, per Linear Foot $ 42.00 $ 79$.00 A29 1 Trench Safety for Storm Inlet, EA complete in place, per E@ _ — ch $ 200 $ 200.00 A30 2 Reflective Pavement Marking Type 1 ("o EA (Arrow), complete in place, per Each I s 75.00 $ 150.00 Page 4 of 9 CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO. E10116 PART A, STREET lMPROVFImKNTfi 1rn1JT11d1 19nt A31 2 Reflective Pavement Marking Type 'I (W) EA (Only), complete in place, per Each $ 75.00 $ 150.00 A32 60 Reflective Pavement Marking Type 1 (W) LF (4 ") (Broken), complete in place, per Linear Foot $ 2.00 $126.00 A33 245 Reflective Pavement Marking Type 1 (W) LF (8 ") (Solid), complete in place, per Linear Foot $ 2.00 $ 490.00 A34 32 Reflective pavement Marking Type i (W) LF (12 ") (Solid), complete in place, per Linear Foot s - 2.00 $ 64.00 A35 40 Reflective Pavement Marking Type 1 (W) LF (24 ") (Solid), complete in place, per Linear 2.00 Boa $ 80.00 A36 6 TY 11-C -R Raised Pavement Marker EA (Reflectorized), complete -in place, per Each $ 10.00 $ 60.00 A37 3 TY I -C Raised Pavement Marker EA (Reflectorized), complete in place, $ 10.00 per Each A38 3 Regulatory Sign, complete in place, per EA Each $ 100.00 $ _300.00 A39 1 DAY Ozone Action Day, complete per DAY $ $ A40 1 Traffic Control, complete in place, LS per Lump Sum $ 2,000.00 $2 A41 1 Adjust Existing Wastewater Manhole to EA Finished Grade, complete in place, per $ 200.00 $ 200.00 A42 1 Adjust Existing Gas Valve to Finished EA Grade, complete in place, per Each $ 200.00 200.00 A43 99 Silt Fence, complete in place, per Linear LF Foot $ 5.00 $ 495.00 A44 3 12" Erosion Control Log, complete in place, EA per Each $ 50.00 $ _110-10 TOTAL BASE BID (Items Al through A44): $ 71,$77.60 I Page 5 of 9 CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO. E10116 — ADDITIVE ALTERNATES ADDITIVE ALTERNATE NO. 1 ?'AK l I3: GpN[:KETE PAVEMENT 1 it III IV V BID BID ITEM EXTENS ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES (CITY X UNIT P E IN FIG U B1 0.01 Clear Right -of -Way, complete in place, AC per Acre g 12 300.00 $ 1 .00 132 85 Street Excavation, complete in place, per SY Sauare Yard 6 -Inch Cement Treated Caliche Base, 5 g •4,809.30 B3 472 SY complete in place, per 5 uare Yard. ($8 64 472 1" HMAC Pavement (Type D) Bond SY Breaker, complete in place Y per Sauare Yard I V X $ 20.91 ($9,869.52 B5 353 10" Reinforced Concrete a Class SY P), complete [ place, per S uare rd $5.66 $ 18,235.98 B6 158 Asphalt v ment air, complete in SY p ce r S ar and $ 44.28 ($ 6 996.24 B7 (470) D eognd (TENSAR TX -5), SY c e in place, per Square Yard 3.94 (s 68 (470} EDUCT 12" Crushed Limestone Flexible SY Base (Type A, Grade 1), complete in place, $ 21.94 10,313.30 per Square Yard $- 89 90) DEDUCT 3.5" HMAC Pavement (Type D) SY surface Course, complete in place, per $ 40.59 - 15,830.10 square Yard, $ $1 12 Prime Coal (0.15 Gal /SY), complete in GAL place, per Gallon llonn g 6.15 $ 73.8Q TOTAL ADDITIVE ALTERNATE NO. 1 PART B (Items B1 through B10): $ 20,822.92 Page 6 of 9 CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO. E10116 The undersigned hereby declares that he has visited the site and has caraful -j�, e Xamined the plans, specifications and contract documents relating to the work covered by h is bid or bids, that he agrees to do the work, and that no representations made by the C ity are in any sense a warranty but are mere estimates' for the guidanc of the C ontractor. Upon notification of award of contract, we will within ten (lp). calendar days e . �Kecute the formal contract and will deliver a Performance Bond (as required.) for the faithful performance of this contract and a Rayment Bond (as required) to insure payment f or all labor and materials. The bid bond attached to this proposal, in the amount of 5% c f the highest amount bid, is to become the property of the City of Corpus Christj, in the e vent the contract and bonds are not executed within the time above set forth as 1 iquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low hidder shall, within five days of receipt of bids, submit to City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within A g� ndar days from the date designated by a Work Order. No additional time swill be allotted for any Additive Alternate. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the materials and do everything required to carryout the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged ITO ?S►�� (addenda number) % %`Q �;�/��i� Respectfully submitted: f • 1 ,`�t'�'l►r►r� ►nttrti+�`�``,`` Address: P.O. Box 270898 (P.O, Box Name Leoncitos Inc. - Corina Casillas . a e i By: (seal'-- s,+ �: (SIGNATURE) 2621 Holly Road (Street) Corpus Christi TX 78427 (City) (State) (Zip) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Telephone 361 - 2991742 Page 7 of 9 (Revised August 2000) 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 45 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 ,—a i, ATTEST. City Secretary APPROVED AS TO LEGAL FORM: By: Asst. C At orne X z � s s �� lf! l 1 111144SS 41 � ,```, CITY OF CORPUS CHRI By: Z AA6k 7 Juan Perales, r.,P.E. Assistant Cit Manager Engineering /Development Services By: Pete A naya, .E. Director of Engineering Services CONTRACTOR Leoncitos Inc. 3y. Title: P.O. BOX 270898 (Address) CORPUS CHRISTI TX 78427 (City) (State)(ZIP) 361/299 --1742 * 361/299 -1730 (Phone) (Fax) Q I.,,L.LAUTHORIZEU BY COUNC L._,Q z Lf f .G. SECRETARY � . PERFORMANCE B0ND l 2 1 12 - 9S0 STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT Le_oncitos, Inc. of NUECES County, Texas, hereinafter called "Principal ", and Reoublic InSc�rnnee Corn�ctny a corporation organized under the laws of t e State of nsv I van_�ta_� 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 SEVENTY --ONE THOUSAND, EIGHT HUNDRED SEVENTY -SEVEN AND 60/100 ($71,877.60) 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 29TH of MARCH , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CIMARRON BLVD. RIGHT TURN LANE IMPROVEMENTS PROJECT NO.E10116 (TOTAL BASE BID: $71,877.60) 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 Ul I Y Ot UWUS CHRISTI DEPARTUM OF ENGINEERING SERVICES P.O. Box 9277 CORPUS CHRISTI, TEXAS 78469-OM RE C Of Power of Attorney for Perkwmanoe and Payment Bonds Pr*d Name & No.: Cimarron Blvd. Right Tu= Lane L nt, PMJect no- ]Dolls SUMYCOMPanT. Old Itepublic In me 92mRM Ladles/Caenil an: 1, (',1wfFo,rcjG_Mi11er ---- — hereby certify that the facsimile power of aNWMV subnWed byTri mble-Bafier I ns. &uodialp9w- Cimarron Blvd, Riciht Tum Ln. IMR[Mm -. a COPY OTWMM IsatlachW101hiscerifficate,isammarmi corre cOPY OF 90 O"►al POWW of attorney on file in the records of the surety company in its home office, has not been arnerxied or abridged. is so in fun *x and e ffeck an d said designated WM is *Mw* in good standing with the surety. in the event of cancellation Of this POW Of attorney. the City of Coam Christi almil be FKMW in wdft by cwMed mail within seven (7) days thereof at the following address: city of Corpus Christi Depyirtrwrit of Eng Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 Signed this I I th day of April `201 Name: Gfiffor 2011 Sworn and subscribed to before me on this 11 th day of AgqL. TERM SF 4 I 4W P P � 7 1 1 1 ^ Vublic r Ste C ommission I �iyas o Texas C 10 06 20 Com ---------------- (Revirim V1 OLD REP.LBLIC 7 SURANCIE COMP POWER OF'ATTORNIEY KNOW ALL MEN BYTHESE PRESENTS That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania make, constitute and:ap stack insurance corporation, does pomt JOSEPH p O'CONNOR, R-5. BATZFI'R,'RANDALL SAVERANCE, LISA W. FRIHNDr . BARBARA NL�9�COMB ;SIISAN b, S: MUiRxZ, PAUL G ADAM, OF SAN ANGELO; .T% its true am Attorney(s) -in -Fact, with full power and authority :not exoeeding.$20,000,000, far"and pn behalf of the Company as surety; to execute and deliver and .affix the seal of the Company thereto (if >a seal is.required), bonds, undertakings, recognizahoes or other written obligations m the: nat O thereof, m (other self- insurance workers copensation bands guaranteeing payment of benefits; asbestos abatement contract bonds, waste manage - ment bonds, hazardous waste remediation bonds or black lung bonds As follows: ALL WRITTEN INSTRUMENTS IN AN AMOIINT NOT TO A EXCREII'N AGGREGATE ..OF SEVEN DdII,LION FIVE HUNDRED THOUSAND 07,56 0;0.00 ') " ----W - -- FOR ANY SINGLE OBLIGATI6 N,r`RHGARDL858 OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLiGP.TION.::, and to. bind OLD REPUBLIC INSURANCE COMPANY.th_ ereby, and all of the acts.. of said A{#orneys -Fact, pui'suarrt to these . presents, are ratified and Confirmed. This document is nmt valid unless printed on colored background ;and is mult+.'colored Tfiis appotrtment'is made under and by authority of the,t oard n #directors at a meeting held on May 12, 2010. This Power of Attoroey is signed and sealed by facsimile <under and: :.by the authority of the following resolutions adopted by:the.board of directors of the OLD REPUBLIC INSE RANCE.COMPANY on May.12, 2010. RESOLVED FURTHER 'that the chairman, president or any vice presider# of the Company's surety division in conjunction " with the secretary. or any assistant secretary of the be.and her are authorized and directad to execute and deliver, to such persons as such officers of the Company may deem appropriate,"Po.wers of Afteneyin the form `presented to and attached to the minutes of this meeting, authorizing such personsao execute and deliver and: affix the seal of the Company to bonds, undertakings, recd nizances, and suretyship obligations of all . kinds, other than bail bonds, bank depository bonds mortgage deficiency bonds; mortgage guaranty bonds, guarantees of installment.paper and : : bte guaranty bonds. The said officers may revoke: any Power of. Attorney previously granted to any such person. The authorityaf'arry Power of Attorney granted by any such officer of the Company as aforesaid: shall not exceed twenty million dollars ($20,000,000.00), except (a) bonds required to be filed as open penalty bonds, and (b) bonds filed with any court or governmental authority requiring an unlimited penalty in bonds filed in that court. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon,the Company (I) when signed. by the chairman, president or any vice president of the Company's surety division and attesfed: and sealed °,(if a seal be required) by any or assistant secretary; or ° n .when si red a. duly authi sized Attorney in -Fact and sealed with the seal of the. Company. (if areal b0 fequired) RESOLVES) FURTHER, that the: signature of any'.officer:designated above,: and - the. seal; of the.: Company may, be affixed facsimile to any F:owerof Attorney or certification thereof authorizing the.execution and delivery of any bond undertaking; recognizance, or other suretyship obligations of the Company ;:and "such signature and seal whemso used shall have the same force and ;effect as thouj.ftmihually affixed. IN WITNESS WHEREOF, OLD REPUBLIC` INSURANCE" COMPANY has caused these presents to be signed by its proper officer, and its':. corporate seal;;to lye affixed this 5TH allay of OCTOBER,': 2010. _ s. OLD REPUBLIC INSURANCE COMPANY "%pSU L4 - a �reei. n -�1 SEAL r Ass of Secretary } ,r - - - ice - President - STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 5TH :`< da'yof OCTOBER,. 2010 personallycemebefore tne, GERALD C[ LEACH and PHYLLIS M. JOHNSON #o;me known to. be the individuals and..a. ficers of the OLD REPUBLIC INSURAiNC1< COM PANY; W ho executed the above instrument ,and they each aeknowledged.the execution of the salve, and being by me duly sworn, did severaINAepose and sass; that they :are said officers of the corporation aforesaid, and that the seal affixed to theabove instrument is the seal of the corporation, acid that said::corpo€ate .seal and their signatures as such officers were duly affixed nd subscribed to the saidlnstrument by the authority of the 13oard:of directors of said organization: ms Notary PuNic My commission expires: 12/02/2012 CERTIFICATE .l, the undersigned, assi Oprit secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation CERT1 Y That the foregoing and attached Power of Attorney remains in "full" force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in> force >, f 89_0 Y"' Mrs St red and sealed at the Ci of Brookfield, WI this d of l f ` i wsurG a� ty ay a. r r p• - 46 ' 4 MNf11111 4 g 1m - TRTMBLE- SATJER INS: ASSOCIATES Assistant retary 1100$ R(6A 0) <_ ORSC #22851:: This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 --1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5-{h day of 20 I t PRINCIPAL By 7 (Print Name & Title) ATTEST �s i•e �G�'[�ct, �n�rG.c�' Q�_ _rrtcnis �r`��C - (Print Name & Title) SURETY 0 - f�e u& 'G (nSL)r0 r\Ce B y. Attorney -in -fact (Print Name) A gency: •_ ae C ontact Person: � s_ •• W Wo w 0 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3108) rmm- Performance Bond Page 2 of 2 P A Y M E N T B O N D - �qt 2t(2ga -0 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Leoncitos, Inc. of NUECES County, Texas, hereinafter called "Principal ", and OLd uhl c, 105or anon Ca y a corporation organized under the laws of the State of nn ��t 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 SEVENTY -ONE THOUSAND, EIGHT HUNDRED SEVENTY -SEVEN AND 60/100 ($ 71,877.60 ) 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 29TH day MARCH , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: CIMARRON BLVD. RIGHT TURN DANE IMPROVEMENTS PROJECT NO.E10116 (TOTAL BASE BID: $71,877.60) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the S+Fh day of April 20 I! PRINCIPAL beo1'%ci (Print Name & Title) ATTEST v60s Agency: L)X lisle InsrrjnCe A Qencv. I n C . Contact Person: 'h0lYLO�S �rliSt� Address: .�C�n I�l . In(O el , Sutfe goo Co t - p t uS Ch r LSL P hone Number: C_. � i ) 88_4 - Z. - I 1_ . (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/06) Payment Bond Page 2 of 2 SUPPLIER NUMBER TO BE ASSIGNED 13T WY PURCHASUiG DIVISJON artir� City of CITY OF CORPUS CHRISTI C ti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires a!1 persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications anal definitions_ COMPANY NAME: Leoncitos, Inc. P. O. BOX: P.O. Box 270898 STREET ADDRESS: 2621 Holly Road CITY: Corpus Christi ZIP: 7 - FIRM IS: 1. Corporation e 2. Partnership e 3_ Sole Owner [] 4. Association 5, Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or tnorc of the ownership in the above named "firth." NIA Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm." me Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N/A Nam Board, Commission or Committee 4_ State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N A m e Consultant PROPOSAL. FORM PAGE 8 OF a FIL NG REQUMEMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. - Certifying Person: Corina Casillas Title: president ('type or Print) Signature of Certifying Date: Person: & Ca February 9, 2 011. DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm_" Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas_ f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." e g- "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE 9 OF 9 r-- CER'I�iFICATE OF L � 11): �� .....r LIABILITY INSURANCE DA-M ° ffM) 04/01111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THUS 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(iss) must be endorsed. If SUBROGATION IS WgryEp subject to tifi the tans and conditions of the policy, certain policies may require an endorsement. t. A statement on this certificate does not comfier right, to the cer sate hold in lieu of such endorsemellt[sL PRODUCE[: Swantner & Gordon Ins Agcy -GC A Higggirsbotham Company PO Box 870 Carpus Christi, TX 70403 -0870 Mike Garza MSDRE0 Leoncitos, Inc. Nuway Intemadonal, Inc. P.O. Box 270898 Corpus Christi, TX 78427 LEONCC1 : ncpuuslu : Southem Republic Texas Me irance Co 1821 erwriters I ns Co 24 IFLS Co .. M r rrsa.r%r r- nunraeK TH15 15 TD CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN TSSUED TO THE INSUR! INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS w LTR TYPE OF MSU NCE POLICY NUMaER EFF POLICY W GENERAL uAmurr A X C OMMERCIAL GENERAL LIABILITY CMP550414701 08126110 08126111 CLAIMS -MADE rw--i OCCUR X Broad Form PA X Contractual Liab GENT. AGGREGATE LIMIT APPLIES PER: AUTOINOINLE LIABILITY / B X ANY AUTO f BAP65NI4801 08126110 08126111 ALL OWNEDAUrOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS X UMBRELLA LIAR X OCCUR EXCESS LUIe CLAIMSJIIAOE C UMB660414901 08126!10 08126111 DEDUCTIBLE X IzF s 10-non AND EWLOYERr LIAeR Y D ANYPROPRIEfORIPARTNEEtIE%ECUnVE YIN TSF0001161990 08J26110 08126111 OFFICERAYIEMBER EXCLUDED? F NIA (Mandatory In NH) - f OE =%D OPERATIONS below A Builders Risk P55004701 08)26110 08/26/11 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUmb ACORD 101, AddlNonal Remarks ScbeduI% N apace Is n qubad) 3 roject No. E10116 - Cimarron Blvd. Right Turn Lane Improvements 7 'Be attached Notemd for additional coverages and prOVisiOnS. M -Days Notice of Cancellation Except 10 -Dbys for on- Payment of Premium. M NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, Lam EACH OCCURRENCE MMAGE TO' — S 1,(100 RENTED PREMISES Ea occunence $ 100,00 MED EXP (Any one person) $ 5180 PERSONAL & AOV INJURY $ 1,000,00 GENERAL AGGREGATE S 2,000,00 PRODUCTS - COMPIOPAGG S 2,000,00 E COMBINED SINGLE LIMIT (Es aegdert) S 1,000,00 BODILY INJURY (Perpersm) S BODILY INJURY (peracwderri) E PROPERTY DAMAGE (Peraoudent) 6 S S EACH OCCURRENCE y 1,000 AGGREGATE S 1 S s X WCSTATLL OTH- E.L. EACH ACCIDENT $ 1,OWI,O EL DISEASE - EA EMPLOYEE y 1,000,00 E.L DISEASE - POLICY LIMIT S 1,000,0 Per Lot 4,MJM Per Oct 010001 acc-co SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRA71ON DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Contract Administrator AUTHORIZED REPRESENTATIVE P.O. Box 9277 Corpus Christi, TX 78469 -9277 1 5 1968 -2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and Ingo are registered marks of ACORD 361 -883 -1711 1 GarE CT — 361- 844 -0101 LWE, E1,361- 883-1711 F MOTEPAD LEONCCI p„G� x ums N,aaE Leoncitas, Inc. OP ID: MYDA care 44107 E 1 Additional Insured in fav of Certificate Holder as re aired 120370704* written Insured contract a L ante to General Liability for on 0 Ig rations poo� _eted operations per orm and to Gen eral Liability � N -Co ntributory as required by written in contra GR0290509*. iver of Subro anon in fav r �off Certi4cate Ider aired by r �Ittn insured �ontract applicable to General I_iabil t i pe form CGR8290509*, to Auto Ira Il o r form CARD02020 and to Workers CorlpensatlonlEmp rs Liability perform WC4203MAD700% follows form underlying General Liability; Auto Liability and s Liability. available upon request. 1 POLICY NUR; CMP 5504147 Of CAL- GtMWft w CG 20 37r 37 64 THIS ENDDRSftEMT CHANGES THE POUCY. PLEASE . ITCAmEFULLy ADDMONAL INSURED . OWNERS,- LESSEES OR CONTRACTORS - COMPLETED OPERATIONS TW.enftmwimrd des ffmwanae provided under ft fobWnW COMMEM . GENERAL. LMNJTY COVERAGE PART" SCHO ILE Manna Of Adddonid Msurtd Pmeon(m) orory - d AM CERTIFICATS HMDER WED I& REQDIRM INSURED T9' BE ADDED AS AN AD13ITICNAL. INSURED TO- THE MAMR�t INS�O:' S �NERAL LIABILITY COVSpaGg. Losafts And D"w"w. Of Campk"d 00 CERTIFICATE$ ARM 09 FIL8 WITH YOUR AGM irtfrxW*tM OMP ed t6 are MP lets this S *Sdute, if nd sM omV sIxwe, w3 bs &~ In thtr DschWabcM 3"4= q. - UWo k Ark Ina nd is amw ded to include as an. addll w al irk the: pmm(n) or w(s) sf " in 01 SCheduta5 bat. only W" to liability tor" bodily injury" or Pompedy dani. ags'- caused. In whole cr in pad W '*w uvw at the lacalion dd�i"gm" and dnc&W 0 ft um or#& � neuted an Pfttxn*d for i� addilllonai id it�dts>ded 10 fihe Wucts -oQ hftd opmadom hazard". CG 20 37 07 34 OW Properties, fnc , 20Q4- POO& 1 of 2 13 POLICY NUMBER: CEP 5504147 Ul f COMMERCIAL GENERAL LIABILITY CG ROft.05 pg THIS ENWRSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modilies Insurance provided under the f+oliowir g: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION 1- COVERAGES 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LUdULITY a. Exdushm 1.Exclusion 2.a. Expected Or Intumim! Injury Is deleted in its entirety and replaced by: a. Expected Or intended k4my "Bodily injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' or "property damage' resulting from the use of reasonable force to protect persons or property. 2. Exclusion 2.f. pollution is deleted in ils entirety and replaced by: i Limiited Poilution liability "Bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration. release or escape of "poikutants": Q). At or tram any premises, site or location which Is or was at. any time used by or for any Insured or others for the handling. storage, disposal, processing or tneadr4nt of waste; (ii). Which are or were at arty time trwoported. handled, stored, treated, disposed of or processed as waste by or for: 1. Any insured; or 2. Any person or organkatiOn for whom you may be legally roesponslole; (iii)_ At or from any promises, site or location on which any Insured or any contractors or subconb3clors working directly or Indirectly on arry inscueft behalf are performing operations if the operations are to test for, montl or, decor up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effecls of, Vollutants% or (iv). At or from a storage tank or other container, duds or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersnt, sage. migration, release or escape of "podutemts' arises at or frorn any premises, site or lactation: a. Which is or was at any time owned or occupied by, or rented or loaned to, any insured: or b. Which any Insured or any contractors or subcontractors working diredly or indirectly on any insureds behalf are performing operations N the 'pdkdm ts" are brought an or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. CG R029 OS 09 includes copyrighted material of Insurance Services Office, Inc., with its Page 1 of 7 permission Subparagraph (Iv). does not apply to "bodly injurlr or "Property damage' arming out of heat. smoke or fumes from a "hostile fire'. (v). Any loss, cost or expense arises out of any. 1. Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or ervAronmental liability statut or regulations that any insured test W monk0r, dean UP, remoras. contain, treat, detoxify or rimtralim or in any way respond to, or assess the effects 01, "pat or 2. Claim or suit by or on behalf of a governmental authority for damages because of testing tor, monitoring, cleaning up, removing, containing, treating, detoxifft or neutralizing or In any Tray responding to or assessing the effects of. "polutante. 3. Nowfter, thisb paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "Property damage* that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement; or such Claim or "Sulu" by or on behalf of a governmental authority. (vi). The most we will pay for "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutarW Is $40,000 In any one occurrence regardless of the number of 1. Insureds; 2. Claims made or wsuW brought or 3- Persons or organbations making darns or bringing "soils ". 3. Exclusion 2.g. Akwak Auto Or Wabrtra% (2) is deleted in its entirely and replaced by: (2) A watercraft you do not own that Is: (i). Less than 51 feet, long; and (H). Not being used to carry persons or property for a charge; 4. Firs, LtghtMng, Explosion and Sprinkler Leakage a. If Damages to Premises Rented to You is not excluded under the policy the following applies: b. The last subparagraph of paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Is deleted in its entirety and replaced by. Exclusions c. t#uaugh n. do not apply to damage by fire, ilghtning, mplosion or "sprinlder leakage to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate of insurance applies to this ooverage as described in SECTION 91— LIMITS OF INSURANCE. a Paragraph IL of SECTION IN -- LIMR'S OF INSURANCE is deleted in its entirety and replaced by. Subject to Paragraph 5. above, the Damages to Promises Rented to You Urnit is the most we will pay under Coverage A far damages became of "Property ftnaW to any one premises , while rented to you or temporarily occupied by you with permission of the owner, arising out of damage by fire, lighWilrg, explosion or "sprkrtder Wkaga"- d. Subject to all the terms of SECTION IN -- LIMITS OF INSURANCE, the Damages to Premises Rented to You Limit is the greater of (i). $300,000; or (n). The amount shown in the Declarations for Damages to Premises Rented to You UmL CG R029 fly 49 Includes copyrighted material of Insurance Services Qlfice. Inc., with its Page 2 of 7 permission e. Paragraph 4Jx(1).W of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDmpNS is deleted in its entirety and replaced by: (I). That is link LigWhkV, f"acpbsion. 'Sp' sr or any similar Insurance Cove for Premises rented to you or temporarily occupied by you vft perrnisslon of the owner; 2. COVERAGE C MEDICAL PAYIIIENM Insuring Aerrament a. Subject to the terms of SECTION 111 LIMITS OF INSURANCE, unless otherwise excluded, the Medical Expense Limit is the higher of: 1. $10,000 any one person; or 2. The amount shown in the Declarations for Medicel Expense Limit. b. Paragraph 1.a43).(b), is deleted in its etinety and replaced by: (b) The expenses are Incurred and reported to us within two years of t h e date of the accident; and 3. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Paragraph 1.b. Is deleted In its ontirety and refaced by: (b) UP to $2,500 for Cost of ball bonds required because of accidents or traftic law violations arising out of the use of any vWde to which the Soddy lnjury Liability Coverage applies. We do not have to furnish these bonds. B. AGGREGATE PER LOCATION This Coverage Extension does not apply if CG 25 03 DESIGNATED CONSTRUCTION PRO.IECT(S) GENERAL AGGREGATE LWr or CG 25 04 DESIGNATED LOCATIONS(S) GENERAL AGGREGATE LIMIT are attached to this policy. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You, Medical EIerne and General Aggregate apply per or construction proeeat. 1. Far all sums which the insured becorrres kWft oftotsd to pay as dwimW caused by • omwWWes' under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE, and for all medical expenses caused by aorKWnts under SECTION Ii• COVERAGES, COVERAGE C MEDICAL PAYMENTS which can be attributed only to ongoing operations at a 'location or single construction project a. The most we w€ti pay will be upped at $5,000,000, regardless of the number of: 1. 'Oocrtrrertces'; 2. Insureds; 3. Claims muds or %" bnotot 4. Persons or organizations maiang claims or brk% tp 'suit", 5. Locations; or S. Consi udion projects. b. Subject to B.(I).a. above: 1. The General Aggregate Limit Shawn In the Declarations applies sew to each 'location' or construction projed. 2. Any payments made under SECTION I- COVERAGES, COVERAGE_ A BODILY INJURY AND PROPERTY DAMAGE for damages or under SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS for medical expenses shall reduce the General Amite Limit for that 'bcabW or construction project. Such payments shall not reduce the General Aggregate Unit for r any other oc@§ ��" or const action piOJ & CG 8029 05 09 Includes copyrighted material of Insurance Services onxi, Inc., with its gage 3 of 7 permission 3. The ranils shaven in the Dederations for Each Occurrence. Damage to Premises Rented to You OW Medical Expense continue to apply to each or construction project, subject to the General Aggregate UmiL 2 For all sums which the manned bwon," lag* obliged to pay gn damages caused by ��unenae under SECTION M COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LUUMU Y and fox all medical expenses caused by accidents under SECTION 1ti COVERAGES, COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to a "loCdior!' or ongoing operal mhs at a single construction pn*K% any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Whit or the Produce_ Completed Operations /Aggregate limit, whichever is cable; this reduction is not applicable to any iderrfMable "bccion" or identifiable constriction project. 3. When cvnnwhtpe for Imbilk arbing out of She 'produete- completed opsratlorrs hsta • is provided Palm for dEREW because of Uh► kduW or " p 11 d=W Included in the "products - completed operaiona hazard` will reduce the Producla- Completed Operations Aggregate UrK and not reduce the General Aggregate Unit. 4. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the auborized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be downed to be the same construction project. C. SECTION 11- WHO 13 AN INSURED 1. Newly Acquired Or Donned Orgarkmik n Paragraph & a. Is deleted in its entirely and replaced by. a. Coverage under this provision is afforded only until the 18& day after you acquire or form the orgarnhation or the and ofthe policy period, whichever is eadleer; 2 Additional Insureds a. Owners, ManWm, Con&aotars And Lessors Of Ex uhm ent Who Is An Insured Is amended to include as an addilonal insured any person or ogpnbzkm, other than a controlling interest or vendors, you are required by written agreement or written contract or permit to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and adver6stng hW caused, in whole or in part, by. 1. Your ads or omissions in the performance of your ongoing operations for the additional insured; or 2 The acts or omissions of those acting an your behalf in the performance of your ongoing operations for the additional insured; or 3. Maintenance or use of equipment leased or rented fnohn such additional insured(s); or 4. Maintenance or use of that part of any premises leased or rented to you; or S. Mainterhance or use of that part of any premises owned by you; or B. Maintenance or use of any premises owned by you but teased or rented to others. b. Conte" Interest Who Is An Insured is amended to include as an additional insured any person(s) or organkaf e(s) with a controlling in in the Named Insured, but only with respect to their liability arising out of: 1. Their financial cord of the Named Insured; or 2. Premises own, maintain or control while the Named Insured leases or occupies these This Insurance does not apply to strudthral alterations, new construction or demolition operations performed by or for such additional insured. CG R029 05 09 Includes copyrighted material of Insurance Services Office. Inc:, with its Page 4 of 7 permission c. Vendors Who is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a written contract or written agreed to Provide 1rWnW os, but only with n qwd to •bodily Injuryr' or property damage` arieing out of 'yo Product` which are dkiribulad or add in the regular course of the vendors business, subjec# to the foilowirig additional exdusions: The insurance afforded the vendor does not apply to: 4. 'Bodily injury or" m*wrty damage' for which the vendor is obligated to pay daniapss by ream Of the assumption of liability in a contract or agreement. This exclusion does not apply to iiabitity for damages that the vendor would have in the absence of ft contract or agreement; 2 Any express warranty unautlmorized by you; 3. Any physical or chemical charge in the product made latentionally by the vendor, 4. Repackaging, 9 = 9 0 when unpacked solely for the purpose of inspection, demor*afian, ta or the substitution of parts under instriidion from the manufacbmer, and then repackaged in the original container, S. Any faire to make such inspection, a4ushnents, lests or servicing as the vendor has agreed too make or normally undertakes to make in the usual course of busldess in conraftn with the distribution of the products; G. Demonstration, Instate ion, servicing or repair operations, except such operations perfiormed at the vendors premises in connection vrtih the sab of the product; or 7. Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for time vendor. S. "Bodily uguryr' or "property damage' arising out of the sole negligence of the vendor for its own ads or missions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in sub - paragraphs C.Zc (4} or C.Z.G.(S}. of this Coverage Extension; or b. Such inspections, adjustments, tests or sw wring as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the disbtxjWn or sale of the products. 9. Any person or organization from whom you have acquired any products, including any ingrectieM part or container on*ft kft accompanying or cormlairring "your pmduds . 3. Exclusions applicable to all Additional Insureds: a. This insurance does not apply to 1 *ry'. `PmPe ctsmage" or "personal and advertmssg mrmlury- arising out of the rendering of or time failure to retmder any prolimAonal services by you or an your behalf but only with respect to any of the following operations: 1. The preparing, providing, approving, or tailing to prepare, provide or approve, maps, shop drawings, opinions. reports, surveys. Reid orders, change orders or drawings and spedocatlons-, or 2. Pnnriding, or hiring independent professionals to provide, engineering, architedurai or surveying services in connec don with construction work you perform_ 3. Supervisory, inspection, architectural or engineering adivrl'es. Professional services do not kxJude services within consbuctlon means, nmethods, tooniques, sequences and procmedums employed by you in connection with your operations in your capacity as a constr rcdon contractior. b. This insurenoe does not apply to " bodly injury', "property damage' or ' personal and adverftV wgury" not caused, in whole or in part, by you or by those acting on your behalf. CG P029 05 09 Includes copyrighted materiai of Insurance Services Office, Inc., with its Page 5 of 7 permisslon c. This endorsement does not apply to any railroad named as an additional insured vA-*#W b agreemerrt, Coeliac or permit d. This km mwm does not apply to 'bodily injury or "property darnepe" occxurkrp after leased or rented equipment is returned to the lessor. e. This insurance does not apply to 'bodily injury' or *property damage" occurring after. 1. Ai work, including materials, parts or equipment furnished In Connection with such work, on the project (other than service, maintermwe or repairs) b be performed by or on behalf of the additional Insured(s) has been crompleted: or 2. That portion of Nour worts' out of which the injury or damage arises has been put to its intended use by any person or orgarkation oHm than anti contactor or subcontractor engaged in performing operations for a principal as a part ort m same project. f. This insurance does not apply to any'occwrrence' which tacks place after you ease to be a tenant in any premises for which anyone has been indcrded as an additional kwmed. g. This insurance does not apply th structural afltenalkm new construction or demoli ion opt performed by or on behalf of the adds Tonal insured at any premises in which you are a tenant; unless you are performing such operations and are required by written conbac0 or agreement to include the prenlses owner or manager as an additional insured. h. This insurance does not apply to 'boctiiy injury' or "property denW adskV out of ilia •produeft completed opsrartlons hazard'. 1. •Bodily iryury" or "property ftnaW occuvrk V batiore the si{pning of the Contract or sWeemeint or the issuance of the permit, requiring the person or organization to be added as an additional insured. D. SECTION N- COMMERCIAL GENERAL UABLITY CONDITIONS I. Wive In The Crest Of Owwrence, Offense. Claim Or Suit a. Paragraph 2.a. Duties In The Event Of Occurrence. OffBnsa, Claire Or Suit is ddeW in its entirety and replaced by: I. You must et to ti VW we are rKiNlied as soon se pracdo6le of an `ocamrer>ce or an offense which may result in a ddm. Knowledge of an 'occurnxme or an afleme by your •employees• shag not in lbeelf, conedlute lawwfedge In you unless you, yore' parirrers. Iwm mft d%cwe, directors, Insurance rnarhager or rlsk manager shall have act received nonce. To the extent possible, notice should include. a. H w, when and where the "oo urrence" or offense took place; b. The names and addresses of any injured persons and witnesses; and a The nature and location of any injury or damage arising out of the occurrence" or offense. b. The folbrAng is added to paragraph 2. Dudes in The Event Of Occurrence, Offense, Claire Or Suit I. If you td to g us notice of an `o0ourraence', otfeme, cNim or mUM, solely due to yow reasonable and documented belief that She ' bodly injury' or `property damage' is not covered under this policy. we will not deny coverage under this policy solely because of such failure. 2. Reprrosentavom The folk lift is added to paragraph IL Represetriallorrs a If you should unintentionally fall to disclose all existing hazards at the Inception data of this policy, we will not deny coverage urndarthis. policy soleyy because of such failure. b. This provision does not affect our right to collect additional premium or to exercise our right of Dilation or non- wwwal_ CG 8029 05 09 Includes copyrighted material of Insurance Services 01 ice, Inc., with its Page 6 of 7 permission 3. Transfer Of Rights Of Recovery Against Oti mm To Us (Waiver of Subrogation) The fdbwkV Is added to this dause: if a * "M n Or �Hon�we�� wa O an "nft 'has t you waive any right of recovery ago any organization because of y of recovery we may h ave against that person or or organization. Payments we make for injury or damage arising out of'yaur world for that Pew 4. The folkowing are added to SECTION IV COMMERCIAL GENERAL LIABLLITY CONDMONS: a. Primary Insurance — Non Contributing - 9. When required in writing by an agreement. contract or permit With any adddonal kw,, d, the Insurance afforded to such additional Insured Is primary. Other insurance listing such banal insrmed as a mined Insured in the declarations will apply as excess and not contribute as primary to the insurance afforded by this endorsement. b. Any agreement, contract, lease or pem k mq *bV: 1. You to Include any person or organW on as an additional insured; or 2. You to waive your rights of recovery against any person or organization; or 3. That this insurance be primary. 4. must be-eqnsapWto an -or . E. SECTION V — DEFINITIONS I. Paragmph 9. a- `Insured coriftW is deleted in ifs entirety and replaced by: a. A contrad for a lease of premises. However. that portion of the contract far a lease of premises that indemnifas any person or organization for damage by fire. I'pMrrirtp. eq*Won or `gvinldsr - to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'Insured contra'; 2. The foYowdng dWinitions are added: a. won" moans prwrrisss invom the same or ' lots, or PIPIMIRM whwra conned icin w intermpterd only by a street, roadway, waterway or right- of-way of a railroad. b. "Sprift r Laelltagd' means the aoddental leakage or discharge of any fire edkWmhmg or Are suppression subsiance from an autama O sprinkler system or other automatic tine adbtgvidit systern or automatic fire suppression system; it does not include the discharge of any automatic sprinkler or automatic fire extinguishing system or fire suppression system that discharges In response to a fi CG R029 05 09 Includes copyrighted materiel of Insurance Services Otiics. Ins, with its Page T of 7 permission POLICY NUMBER: BAP 5504148 01 COMMERCUkL AUTO CA R041 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless MO M. fied by the endorsement_ This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/26/10 Countersigned - Named Insured: Leoncitos, Inc. SCHEDULE "Any certificate holder or other party who is required by written contract, agreement or permit to be added as an Additional Insured to the named insureds Automobile Liability coverage. Certificates of Insurance with names and locations are on file with your agent." 1/ lit no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an ' insured" the person(s) or organiza- fion(s) shown in the Schedule, but only with re- spect to their legal liabUity for acts or omissions of a person for whom Liability Coverage is afforded under this policy. IL The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will main any right of recovery as a claimant under this policy- CA R041 06 07 Includes copyrighted material of Insurance Services Office, Inc_, Pa" 7 of 1 17 with its permission Blanket W aiver of S This enderaermu t chanpss the policy. Please mad It carefully. 'flue endarsem rt rnod'ies insurance p my ded under itre following: Business Auho Coverage Form Coverage Form 'Trudcenx Covsrape Form Where Enquired by conbW. Loss Condidons A.S., "Transfer of Fights of Rewmry Against (3&m to LW, does not apply if itte persons or organizations are on go WM the insurer or the agent. CA R002 0202 Page 1 of 1 POLICY NUMBER: cmp 5504147 Oi ' Ct3INMERCUIL GENERAL LIAgLLny CO 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This enftserrrent mo t%s insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE UABIUTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL, COVERAGE PART PRODUCTS/COMPLETED OPERATIONS UABIL17Y COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellations or material change that reduces or restricts the insurance afforded by eft Coverage Part, we agm3e to mall Prior written notice of cane labon or material change to: SCHEDULE 1. Name: * SEE BELOW 2. Address: 3. Number of days advance nclke: 3 0 * * " Irdorrnafion requi to complete this Schadde, if not shown above, wig be shown in the Dedarations. * ANY CSRTIFICAM SOLDER WSo IS MCQUUM BY =WIT= CORTRACT WITS T= MUM IRSQRED TO = ADDSD AS AN AMXTIORAL IMSDRID TO THP, MM ' S QMMAL LIABILITY CERTZIICATES Ass on TrL3 WITH YOUR AGM. ** EXCEPT 10 DAYS IR THS EVENT OF CARCMLLATYOK MR RM PAM@= OF PRIMMM CG 02 85 12" WSO Properties, Inc., 2003 Page 1 of 1 13 POLICY NUMBER: BAP 5504148 01 COMMERCIAL AUTO CA 02 44 a A4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifres Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM fl ed by the mWed to co r Provided by this endWS ht, the provisions of the Coverage Farm apply unless MG& This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By. 08/26/2010 Named Insured: LEONCITCIS INC IA...h-e-r r SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization BLANKET Address! 400 S.P.I.D. #104 Corpus Christi, TX 78405 *EXCEPT 10 BAYS IN THE EVENT OF NON- PAYMENT OF PREMIUM EFF 8/26/09 It this policy is canceled or rnatedally changed to reduce or restrict coverage, we will mail notice of cancellation or change to ft person or organization named in to Schedule: We vA l give the number of day's notice indicated in the Schedule. CA 02 44 06 84 @ISO Properties, Inc., 2003 Page 1 0f 1 0 ® WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY bmmit c mpany WC 42 06 01 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 P.O. BOX 9277 CORPUS CHRISTI, TX 78469--9277 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 September 1, 2010 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001161990 20100826 of the Texas Mutual Insurance Company Issued to LEONC I TOS INC Endorsement No. 1 Premium $ 0.00 dy L , - !/l/ Authorized Representative WC420601 (ED. 1-94) WASENDRS 9 -01 -2010 WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy Information Page. because Texas is shown in Item 3.A_ of the We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver' Name of person or organization ( X ) Blanket Waiver Any person or organization for whore the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium Time premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in conrKKiion with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement ctnNes the policy to which it is attached effective an the hoopom date of the policy unless a dMermnt date is irdWed below. (The: lollo ing - attaching douse~ need be completed only when this endorsement is issued subsequent to prepwailon of fie policy - This endorsement, effecbm an at i2011 A.M. standard tine, forms a pmt of Policy No. TSF- 0001151990 20100825 of the Texas Muttual Insurance Company Issued to L EONC I TOS I Nc Endorsennent No. Premium $ �✓ �.� lit/ Authorized Repnwentmti�re =4211304A fED. -01 2onol WORKERS` COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INSURED'$ COPY GXRANGEL 8 -27 -2010