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HomeMy WebLinkAboutC2011-388 - 8/30/2011 - Approved(Revised 7/5/00) TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2 314 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised August 2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A-9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Project Signs NOT USED A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (Revised 7/5/00) NOT USED A-24 Surety Bonds A 25 Sales Tax Exemption NOT USED A -26 Supplemental Insurance Requirements A 27 RcMponcibility for Damage Claims NOT USED A-28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra. Work and Change Orders A-32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements NOT USED A -36 Other Submittals (Revised 9/18/00) ZA 37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -40 Amendment to Section B -8 -6: Partial Estimates TOC - 1/3 NOT USED A 41 Ozonc Advisory NOT USED -A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -47 Pre - Construction Exploratory Excavations A-48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Lump Sum Bid A -51 Dewatering /Well Pointing A -52 Allowance A -53 Amended "Prosecution and Progress" NOT USED (7/5/00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS . PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 022 EARTHWORK 022020 Excavation & Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022100 Select Material 025 ROAD WAY 025205 Pvmt Repair, Cur, Gutter, Sdwk Dwy Replacemnt 025222 Flexible Base High Strength 025404 Asphalt, Oils, and Emulsions 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement 025612 Concrete Sidewalks & Driveways 025802 Temporary Traffic Controls During Construction 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding 028040 Sodding 03 CONCRETE 030020 032020 037040 038000 Portland Cement Concrete Reinforcing Steel Epoxy Compounds Concrete Structures LIST OF DRAWINGS SHEET DESCRIPTION 1. Title Sheet 2. General Notes and Channel Improvements 3. General Notes and Channel Improvements 4. Triple Crown Drive Improvements TOC -- 2/3 5. Standard Details 6. Standard Details NOTICE AGREEMENT PROPOSAL/ DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC - 3/3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS, PROJECT NO. 2314; this project consists of re- grading approximately 500 if of drainage ditch, installing approximately 25 If of 18" RCP and two Type A curb inlets with wings, two post and drop inlets, extension of 30" and 42" RCP, pavement repair, construction of concrete rip rap and hydro - mulching or installing matting for the prevention of erosion, all in accordance with the plans, specifications and contract documents. Bids will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, April 13, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is .scheduled for April 6, 2011 at 10 :00 am 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. Bidders plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1, Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000;000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page of 2 [JThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. DThe name of the project must be listed under "description of operations" each certificate of insurance. on _]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 materi 1 change on any coverage. The Contractor shall provide to the City the of er endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. .Should you have any questions regarding insurance requirements, plea contact the Contract Administrator at 880 -3500. Se Page 2 of 2 PART A SPECIAL PROVISIONS TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. Wednesday, April 13,2011. 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 - TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS, PROJECT NO. 2314 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of &ay proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held onWednesday,April 6, 2011 beginning at 10:00 a.m.. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include a discussion of the project elements. 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 TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS, PROJECT NO. 2314; this project consists of re- grading approximately 500 if of drainage ditch, installing approximately 25 if of 18" RCP and two Type A curb inlets with wings, two post and drop inlets, extension of 30" and 42" RCP, pavement repair, construction of concrete rip rap and hydro - mulching or installing matting for the prevention of erosion, all in accordance with the plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the following, subject to the availability of funding: • Total Base Bid • Total Base Bid plus any or all Additive Alternates Section A - $P (Revised 12/15/04) Page 1 of 25 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference TRIPLE CROWN & CITATION DR. DRAINAGE IMPROVEMENTS, PROJECT NO. STO 2314 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 deadline for completion of construction shown below. The working time for completion of the Project will be 30 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed For each calendar day that any work remains. incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimate 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 Section A - SP (Revised 12/15/04) Page 2 of 25 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' coapensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt; and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY CONSTRUCTION. In ca sc of conflict, Co actor ^hall ucc 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 Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1%) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -I -1, Definition of Terms, and Section B -7 -6, Working Hours.) Section A - SP (Revised 12/15/04) Page 3 of 25 A -11 Ooapemation with Public Agencies (Revd 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 1 -800 -344 -8377, the Lone Star Notification Company at 1-800-669-8344, and Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Armando Gutierrez, P.E Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services. A E P /CPL Nueces Electrical Cooperative At &T / C: P &L City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Regional Transportation Authority Corpus Christi ISD U.S. Postal Service TxDOT Area Office A -12 Maintenance of Services 826 -3500 826 -3179 826 -3540 886-2600 826 -1880 826-1800 826 -6900 826 -1888 826 -3461 826 -2489 1- 877- 373 -4858 (826 -1888 after hours) (826 -1818 after hours) (885 -6913 after hours) (826 -1888 after hours) 387 -2581 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 -753 -4355 289 -2712 886 -9005 886 -2216 808 -2384 (1- 800 - 632 - 9288, after hours) (1-800-824-4424, after hours) 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such, underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Section A - SP (Revised 12/15/04) Page 4 of 25 Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum. adverse impact on the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control arc ooncidcred cubcidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 25 A--16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other Unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) feet of use be €urni•alied with an inclined table that mcazures at leas -t 30" x 6-9" and two (2) chairs. The Contractor shall move thc field office en thc site ao required by tho City Engineer or his representative,, The field office must be flarnichcd with a telephone (with 24 hour per day answering service-) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on Calendar Days. This Plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 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. E. 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. Section A - SP (Revised 12/15/04) Page 6 of 25 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 Layout 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. Major controls and two (2) bench marks required for project layout, will be provided by the Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the Consultant Project Engineer 48 hours notice so that alternate control points can be established by the Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractors negligence will be restored by the Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as :required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Tarty independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Ik rty R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Marty Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Strcctn: • All curb rcturno at point of tangency /point of circumference • Curb -and gutter flow lint both sides of street on a 200' interval; Section A - SP (Revised 12/15/04) Page 7 of 25 Wastewater: • All intersecting lines in manholes; Casing c Water: All top of valves box; • Valves vaults rim; • Casing c W - -- Stormwater- • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) The Contractor must furnish and install 1 Project sign as indicated on the begins d will be maintained throughout the Proj -ect period by the Contractor. The location of A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Egual 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. Section A. - SP (Revised 12/15/04) Page 8 of 25 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 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.O% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have Section. A - SP (Revised 12/15/04) Page 9 of 25 financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and :Female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT USED) lncpcction occupancy. Contractor mutt obtain the Ccrtificatc of Occupancy, whcn applicablc. muct pay a= rcquircd by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Section A - SP (Revised 12/15/04) Page 10 of 25 Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the. Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) following substituted in lieu thereof. y and the puc Christi :L of Chapter 3, 'fax Administration -o•€ Title 34, Public Finance of the Texas Admini;trativc Code, iptrollcr of Public Accounts of Tcxac. If the Contractor cleats to operate under a separated contract, he shall. 1. Obtain the ncccccary sales tax permits from thc Ctatc Comptroller. 2. Identify in thc appropriate apace on the "Statement of Materials and Other Charges" in thc proposal form the cost of materials physically _____-r__ate into thc. Project 3. Provide resale certificates to supplier -s=- 4. Provide the City with copies of material invoices to substantiate the proposal value of matcriala. he must pay for all Sales, Excise, and Ucc Taxes applicable to this Project. Subcontractors arc eligible for sales tax exemptions if thc oubcontractor also certificate to thc subcontractor and thc subcontractor, in turn, issues a resale Section A - SP (Revised 12/15/04) Page 11 of 25 A -25 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1 . Naive: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 .9. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor .shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage 'provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revised 12/15/04) Page 12 of 25 A -27 Responsibility for Damage Claims (NOT USED) amended to include: ovi�ionM is Contractor must provide insurance coverage for the term of thc Contract up to and including the date thc City finally accepts thc Project or work. :or must pay Much Installation Floator insurancc coverage, all costs necessary to procure A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidders owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work as described in A -29(1) and be subordinate to the superintendent. Section A - SP (Revised 12/15/04) Page 13 of 25 Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any'subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also . necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, -such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract Requirements Under "General Provisions and Requirements for Municipal Construction Contracts Section B -3• -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list: of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will 'perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP (Revised 12/15/04) Page 14 of 25 In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8- 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 $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following_ The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself completion of the Project. Failure obligation to carry out the provisions attend the Pre -Bid Meeting referred to fully with the conditions relating to the to do so will not excuse a bidder of his of this Contract. Contractor is reminded to in Special Provision A -1. Section A - SP (Revised 12/15/04) Page 15 of 25 A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Suitor /Contractor Orientation y City water facility, the Centractor, i s .Pcr:onncl. A VioitorlContractor Safety Orientation Program will bo B. Oper,. ien—o s±_R_ty-Owr.pa Egu pme_t The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, twitch, breaker, contra., or any other item related to City water facility at any time. All 3uei items must be operated by an operator or other aathorizcd maintenance employee of thc City Water Department. C. Preteotien of Water "r times. The Contractor shall protect the quality of the water in thc job site and :hall coordinate its work with thc City Water Department to protcct thc quality of thc water. D. e items, which could comc into contact with potable water, mutt conform to Section A - SP (Revised 12/15/04) Page 16 of 25 The Contractor shall providc the Engineer with copies of written proof of contact with pota]Ie— water. E. Handling and Diapocal of Trash cite. casts, _:cr facility Blowing trash will not be allowcd. The Contractor shall kccp work F. Contractor's personnel must wear colorcd uniform ovcraals othcr than nncl. Plant H. Working hours will bc 7:00 A.M. to 5:00 P.M.., Monday thru Friday. • J. All Contractor vehicles must bc parked at designated site, ao dco gna}cd bc cicarly 4rabcicd with company name. No private cmploycc vchicics arc allowcd at 0. vehicles --El ring working hours, • contractor employees muust not leave the othcr than it personnel during emergency cvacuation. Y. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION} tem must be performcd only by edified technical and supervi:ory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additio c, changes, selections, furnishing, installing, connccting, programming, customizing, aging, calibrating, or placing in operation all hardware and /or software spccificd or rcquircd by these specifications. 1. He is rcgularly engaged in -the computer bascd monitoring and ac municipal •rand wa tcwatcr industry. 2. Hc has performcd work on syatcmo of comparable oize, type, and complexity as required in this Contract on at lcaot three prior projccto. 3. Hc has been activcly engaged in.thc typc of work spccificd hcrcin for at least 5 years. Section A - SP (Revised 12/15/04) Page 17 of 25 work required by this specifications. 17. He shall furnish equipment which is the preduct of one one manufacturer. the—new work for this Project. changes made during the programming p iane. The attached chest is All trenching for this project at the 0. N. Stevene Water Treatment Plant existing underground obstructions. No trenching machines shall be allowed en the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c Submittal Transmittal. Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. . d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent Section A - SP (Revised 12/15/04) Page 18 of 25 construction work, and coordination of information, is all in with the requirements of the Project and Contract documents. • e. Scheduling: Contractor must schedule the submittals to exp Project, and deliver to the City Engineer for approval, and the submission of related items. accordance edite the coordinate f. Marking: Contractor must mark each 'copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may .be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Contracts ", ollowing. "Thc 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 at `_hv F r; Wonstruction meeting. The Contractor will kccp a copy of the Plan on the Project site throughout construction. A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B"' are incorporated by reference in this Special Provision. Section A - SP (Revised 12/15/04) Page 19 of 25 A -39 Certificate of Occupancy and Final Acceptance NOT USED The i.cuano final accept A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor .provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozone Advisory NOT USED Priming. and ozonc advise Contractor about ozonc alert. If a not be ceuntcd as a calcndar day. A-42 OSHA Rules & Regulations delay such as this i,- cxpericnccd, the day will It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification S. Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, 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, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents hailidess and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ). This breakdown information shall be submitted by contractor as a basis for the price of the change order. Section A - SP (Revised 12/15/04) Page 20 of 25 A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. NOT USED thc Contractor's responsibility may exceed . It will be to comply with thc requirements of all regulatory of disposal shall be submitted to the City for approval. There shall be no cparatc pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the - project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Section A - SP (Revised 12/15/04) Page 21 of 25 Exploratory basohid. A for according to the e tabl -hcd until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others may not be. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Lump Sum Bid The Total Base Bid shall be considered a lump sum bid for the Project. The breakdown of work items and, in some cases, the quantities shown on the Proposal Form are to be considered approximate. The costs shown for each item will be used for bid analysis, and for the successful bidder, will be utilized for partial pay estimates calculations. Omissions of quantities or items on the Proposal Form which are shown on the Plans and Specifications shall not be cause for additional reimbursement or invalidation of the lump sum total base bid. 'Phae- Prepesal Form contains a amount will thereof wi authorization of the Director of Engineering Services. Include the cost of any ancillary items in the coat of the Proposal item of which it is a part. - = .. . be added into the total base bid, however, the amount or a portion A -51 Dewatering /Well Pointing This item is considered subsidiary to the appropriate bid items or, if shown in the 'Proposal`, shall be measured by the linear feet of well point header pipe installed around the perimeter of the excavation where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a stable foundation for the proposed improvements. Storm water that enters Section A - SP (Revised 12/15/04) Page 22 of 25 the excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manhole berm(s) prior to entering the storm water system. Sheet flow and ponding is required to allow solids screening and /or settling prior to entering the storm water system. Storm water or groundwater shall not be discharged to private property. Should well pointing be required, payment will for well pointing az listed in the 'Proposal'. for all labor, be made at the contract unit prico Payment will be made at the unit compensation complete tho materials, tolls and incid cntala ncccceary It is the intent that the Contractor discharge groundwater primarily into the existing storm water system in accordance with City Ordinance, Article :XVI, Section 55 -203, only if the groundwater is uncontaminated and the quality of the ground water is equal to or better than the quality of the receiving stream. Laboratory analysis of groundwater and receiving water quality is to be performed by the Contractor at the Contractor's expense, prior to comMencing discharge, and groundwater analysis shall be performed by the Contractor a minimum of once per week. Contractor shall coordinate with the City Storm Water Department on all laboratory analysis. Laboratory analysis of ground water shall also be performed - at each new area of construction prior to discharge from that location. Sample containers, holding times, preservation methods, and analytical methods, shall either follow the requirements in 40 CFR Part 136 (as amended), or the latest edition of "Standard Methods for the Examination of Water and Wastewater Any laboratory providing analysis must be accredited or certified by the Texas Commission on Environmental Quality according to Title 30 Texas Administrative Code (30 TAC) Chapters 25 for the matrices, and parameters of analysis, if available, or be exempt according to 30 TAC 525.6. Discharge to Storm Water System. There shall be no discharge of groundwater to the storm water system without authorization from the Storm Water Department. Contractor shall contact Danielle Converse at 826 -1609 or Danielle @cctexas.com to obtain authorization to discharge_ Authorization approval will include review of laboratory analysis of the ground water and receiving water qualities as well as estimated flow data. A storm water pollution prevention plan or pollution control plan shall be developed and implemented prior to any groundwater discharge to the storm water system. The plan's objectives are to limit erosion and scour of the storm water system, minimize Total Suspended Solids (TSS) and other pollutants, and prevent any damage to the storm water system. Note that groundwater discharges must cease immediately upon the first recognition of contamination,, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the storm water system, the responsible party shall remediate any damage to the Storm Water Department and /or any State or Federal Regulatory Agency. Discharge to Wastewater System. In the event that groundwater does not equal or exceed the receiving water quality, an alternative disposal option would include pumping to the nearest sanitary sewer system. Discharge to the sanitary sewer system requires a permit from the wastewater Department. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater treatment plant, the costs for these operations shall be negotiated. Other groundwater Section A - SP (Revised 12/15/04) Page 23 of 25 disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Contractor shall contact Tilo Schmidt at 826 -1817 or tilos @cctexas.com to obtain a• Wastewater Discharge Permit Application for authorization to discharge to the sanitary sewer. Authorization approval will include review of laboratory analysis of the ground water and estimated flow data. Note that groundwater discharges must cease immediately upon the first recognition of contamination, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the wastewater collection system or wastewater overflows, the responsible party shall remediate any damage to the wastewater collectionn. system and the environment to the satisfaction of the Wastewater Department and /or any State or Federal Regulatory Agency. A -52 Allowance The item included in the Base Bid items described as "Allowance For Unanticipated Adjustments" has been set as noted and shall be included in the Total Base Bid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of existing or planned improvements or heretofore unknown structure or similar situation warrant the use of the allowance funds. Should the use of funds from the allowance become necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor. There is no guarantee that any of these funds will be needed to be used throughout the course of the work. A -53 ,Amended "Prosecution and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract". Section A - SP (Revised 12/15/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 OWNER: CITY OF CORPUS CHRISTI ENGINEER: ARMANDO GUTIERREZ,P.E. CONTRACTOR: SUBMITTAL. DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 30TH day of AUGUST, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Bridges Specialties, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $110185.06 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 (TOTAL BASE BID + ADD.ALT #2: $110,185.06) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 37 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 ATTEST: 10• City Seer APPROVED AS TO GAL FARM: By: Asst. City Attorney (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF ORPUS CHRIS By: Juan Perales, Jr.,P Assistant City Ma ager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Bridges Specialties, Inc. Title: pFeSi 117 Stovall (Address) Corpus Christi, TX 78383 (City) (State)(ZIP) 361/547-9534 * 361/547-7169 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 • m • y a oc �i� •a•rrU° �r Proposal of PROPOSAL Place: Date: %e, Sec\s a Corporation organized and existing under the laws of the State of ` c `0.5 OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 at the locations set out by the plane and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 8 TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 BASE BID 1 II III IV V ITS QTY & UNIT DESCRIPTION UNIT PRICE TOTAL A. 1 SITE PREPARATION AND GENERAL CONDITIONS Al L S. Mobilization and Demobilization, in accordance with the Plans and Specifications, complete and in place per lump sum. $ 5 co $ 5 A2 1 L.S. Demolition Items, in accordance with the Plans and Specifications, complete and in place per lump sum. $ 2 �c9Q Sol .00 A3 1 L.S. Traffic Control Measures, in accordance with the Plans and Specifications, complete and in place per lump sum. $ /5 $/43-C)(9'49° A4 L S Storm Water Pollution Prevention, in accordance with the Plans and Specifications, complete and in place per lump sum. e�°� $ ®� goo /CC(' $ �.�� Ac Miscellaneous Site Grading, in accordance with the Plans and Specifications, complete and in place per acre. $ i 0, J(` �a� .---- J $ A6 0.5 Ac Sodding and seeding, in accordance with the Plans and Specifications, complete and in place per acre. ‹f-y1 06 $ fJi ,• . ,Z S2. r' $ Proposal Form Page 3 of 8 I II III IV V ITEM A7 & QTY UNIT DESCRIPTION UNIT PRICE TOTAL 10 L.F. Trenching, in accordance with the Plans and Specifications, complete and in place per linear foot. $ f °o a $ 5�d 00 A8 20 S.F. Sidewalk, in accordance with the Plans and Specifications, complete and in place per sq ft. $ Ar00 -Z C0 $_ A9 304 S.Y. Gabion Blankets, in accordance with the Plans and Specifications, complete and in place per Sq Yd. $ 391",s/ WO '1369., A10 8 L.F. 42" RCP (extension) with outfall, in accordance with the Plans and Specifications, complete and in place per LF. 5-) A/ $ 9212,4" All 2 Ea Type A curb inlets with pavement repair, in accordance with the Plans and Specifications, complete and in place each. , 7 5° $ , 3 / po /0,675-64 0,6 75 o $�� Al2 2 Ea Drop /Post inlet with RCP, in accordance with the Plans and Specifications, complete and in place each 190 $ x.---0.1...„, , 00 $ `0 / A13 25 L.F. 18" RCP (extension) with outfall, in accordance with the Plans and Specifications, complete and in place per LF. $ /44/ $ �/>�5; �� Proposal Form Page 4 of 8 I II III IV V ITEM I- - &UNIT DESCRIPTION UNIT PRICE TOTAL TOTAL A14 32 L.F. 30" RCP (extension) with outfall, in accordance with the Plans and Specifications, complete and in place per LF. 5 4 $ l ✓ /4. $ 4 r TOTAL BASE BID (ITEMS A -1 THROUGH A-14) ADDITIVE ALTERNATIVE #1 T II III IV IV V ITEM QTY &UNIT DESCRIPTION TOTAL UNIT PRICE TOTAL A15 304 S.Y. Concrete Rip Rap and retaining wall, in place of Gabion blankets item A9 in accordance with the Plans and Specifications, complete and in place per sq. yd. $ 4 r /,� $/ / ���f Da ADDITIVE ALTERNATE #3. sit %' ?60 vD ADDITIVE ALTERNATIVE #2 I -II III IV V ITEM QTY & UNIT DESCRIPTION UNIT PRICE TOTAL Alb 0.5 Ac Ac Erosion Matting, in accordance with the complete and Specifications, complete and in place per acre. $ �� +,f(77/ , $ � ADDITIVE ALTERNATE #2 BID SUMMARY TOTAL BASE BID - ITEMS A -1 THROUGH A -14 $ i' oC( d.57. 3 i ADDITIVE ALTERNATE #1 ITEM A -15 $ 0 9/ ?,o °e '26 ADDITIVE ALTERNATE #2 ITEM A -16 $� ! I 7, Si d Proposal Form Page 5 of 8 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of 'MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The working time for completion of the project will be ea follows: (from the date designated by a Work Order) Base Bid 30 Calendar Days NO additional calendar days will be allowed for Additive Alternate No. 1. 7 additional calendar days will be allowed for Additive Alternate No. 2. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Repej,pt of the following addenda is acknowledged (addenda number) .a , . F:; , : ;',, `�. • •.,,•Q.. Vhf (SEAL - •�P�l�r��`'IS a Corporation) Respectfully submitted: Name: lr j �C i 1 I cS By: (SIGNATURE) Address: \V? S,v q (P.O. Box) (Str et ti Ac "TY 77 Telephone: N013: Do not detach bid from other papers. Fill in with ink and submit' complete with attached papers. Proposal Form Page 6 of 8 (Revised August 2000) PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 4384380 That Bridges Specialties, Inc. of the City of SANDIA, County of JIM WELLS, and State of TEXAS , as principal ( "Principal "), and Suretec Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal may sum of ONE HUNDRED TEN THOUSAND, ONE HUNDRED EIGHTY -FIVE AND 061100 U.S. Dollars ($110,185.06 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH day of AUGUST, 2011 1 which Agreement is•hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 (TOTAL BASE BID + ADD.ALT #2: $110,185.06) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 20th ' day of September , 2011• PRINCIPAL Bridges Specialties, Inc. By: Title: ?k-e$14e n 1 ATTEST: Secretary Address: 117 Stovall SURETY retec Jnsurance Compaq A to ney -in -fact Richard W. Daileer Address: 9737 Great Hills Trail #320 Sandia, TX 78383 Ajstin TX 787.59 Telephone: 972 -265 -8301 Fax: 469- 241 -1683 E -Mail: cfletcher([�,,���rPtPr..r.�m Rev. Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Richard. W. Daiker/ Rill Lathrop Agency: K &S Insurance Agency Address: 6434 Leopard (Physical Street Address) Corpus Christ, TX 78409 (City) (State) (Zip) Telephone: 361-215-9020 E -Mail: rdaiker@kandsins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER'under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 4384380 That Bridges Specialties, Inc. of the City of SANDIA , County of JIM WELLS , and State of TEXAS , as principal ( "Principal "), and Suretec Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a 1 -lorne Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED TEN THOUSAND, ONE HUNDRED EIGHTY -FIVE AND 06/100 U.S. Dollars ($110,185.06 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH of AUGUST , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: TRIPLE CROWN & CITATION DR. AREA DRAINAGE IMPROVEMENTS PROJECT NO. 2314 (TOTAL BASE BID + ADD.ALT #2: $110,185.06) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 2Oth - {rtrrr 2011 - r- Suretec Insurance Company- day omparx= - day of PRINCIPAL September Bridges Specialties, Inc. By: Title: QIr c5 er \ ATTEST: Secretary Address: 117 Stovall SURETY Address:9737 Great Hills Trail, #320 Sandia, TX 78383 Austin TX 78759 (Rev. Date May 2011) Telephone: 972 -265 -8301 Fax: 469- 241 -1683 E -Mail: efletcher( suretee.cona Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Richard W.Daiker/ Bill Lathrop Agency: K &S Insurance Agency Address: 6434 Leopard (Physical Street Address) Corpus Christi, TX 78409 (City) (State) (Zip) Telephone: 361 - 215 -9020 E -Mail: rdaiker(kandlsinc enm Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by Iaw or by OWNER under applicable Iaw. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1- 866 - 732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1 -800- 252 -3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714 -9104 Fax#: 512- 475 -1771 Web: http: / /www.tdl.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA #: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Richard W. Daiker, Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, April Terbay its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 1 213 1 12 0 1 a and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. aic SURETEC INS= E C ! PANY r 1 State of Texas ss: Eck : $ County of Harris By: John resident On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ,e,Wys,,, JACQUELYN MALDONADO �$` Notary Public, State of Texas 'h= My Commission Expires May 18, 2013 acgrely y comm ado, Notary Public es May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect k Given under my hand and the seal of said Company at Houston, Texas this, ) ' day of •'- ,A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity, For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. CITY OF CORPUS CHRISTI ,DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Triple Crown & Citation Dr. Area Drainage Improvements Project Name & No.: Project No. 2314 Surety Company: Suretec Insurance Company Ladies /Gentlemen: Cam Fletcher, Vice President J, hereby certify that the facsimile power of attorney submitted by ( Richard W. Daiker ) for (Bridges Specialties, Inc. ), a copy of which is attached to trlis certificate, Is a true ana correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. in the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi . Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 2010. Signed this loth day of September By: 2011 Name: Cam Fletcher Title: Vice President Sworn and subscribed to before me on this 20th (Revised 2/10) .day of September 2011 Notary Public arilyn J. Branch State of Texas My Commission Expires: 5 -15 -2015 SaMple !Form City of Corpus hnsti SUPPLIER. NUMBER TO BE ASSIGNED BYTITr- PURCHASING DIVISION CITY OF CORPUS CHIRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: &iy-5 a:\ 0\ t tV1 P.O. BOX: \ V 7 STREET ADDRESS: \I-) 54° Vc7A CITY: S� w°, O'� .i G ZIP: 7 3 c 3 FIRM IS: 1. Corporation 2. Partnership Cl 3. Sole Owner la 4. Association 0 5. Other 0 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 Cit�Corpus Chris' having an "ownership interest" constituting 3% or more of the ownership in the above named 'firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `firm.°, Name Title 3. State the names of each `board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 " Name Consultant 117 Proposal Form Page 7 of 8 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit y. .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 ple in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City cs 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 submitttteecdl to the City of Corpus Christi, Texas as changes occur. Certifying Person: ftli (Type or Print) Signature of Certifying Person: Title: f)v- DEFINITIONS Date: 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." 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 8 of 8 ACa D CERTIFICATE OF LIABILITY INSURANCE DATE (MRVDDIYYYY) 9/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER K & s Insurance Agency 2255 Ridge Road, Ste. 333 p. 0. Box 277 Rockwall TX 75087 NAAMEACT Debrah Cherry INC No.Ex11 (972) 771-4071 o 072) 771-4695 E-MAIL S:d PRODUCER ,80015807 SUSTomER m to. INSURER(S) AFFORDING COVERAGE NAICA INSURED Bridges Specialties, Inc.' 117 Stovall St. _ Sandia TX 78383 INSURER A:CrUM & Forster Specialty Ins. LIABILITY COMMERCIAL GENERAL INSURER a:Una.ted Fire & Casualty Company 13021 INsuRERc:Texas Mutual Insurance Co. I0211665 j t ongoong CO2010 7/04 i Completed CG2037 7/04 & N - CFSGL120 aivor: - CO2404 10/93 BsuRERD;Federal Insurance Company 0281 INSURER E : . INSURER F: X AGES . CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFiNSU CE ADDL INSR SUER WVD POUCYNUMBER POLICY EFF {MMIDD/YYYYI POLICY EXP (MM)RDIYYYYI - LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY n OCCUR X X I0211665 j t ongoong CO2010 7/04 i Completed CG2037 7/04 & N - CFSGL120 aivor: - CO2404 10/93 5/10/2011 EACH OCCURRENCE $ 1 , 000 , 000 X 5/10/2012 , PREMISES SES Ea occurrence) 6 100,000 CLAIMS-MADE MED EXP (Any one person) ,1 $ 1,000,000 $ 12,000000 X $2500 Deductible PERSONALS ADVINJURY GENERAL AGGREGATE GENT_ AGGREGATE ma ma APPLIES PER POLICY dECa7 LOC ' PRODUCTS - COMP/OP AGiG $ 2 , 000 , 000 —1 5 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS V6aiver &Additiona sured x x 2307500 1 pA7109 1 /06 5/10/2011 5/10/2012 COMBINED SINGLE LtMrr (Ea accident) $ 000 , 000 J X BODILY INJURY (Per person) $ BODILY INJURY (Per =Wet) $ PROPERTY DAMAGE (Per accident) S X X Uninsured motorist camb}ned $ 1 , 000, 000 X PIP -Basle 5 2,500 A UMBRELALJAB/ EXCESSUAB X OCCUR CLAIMS•MADE X X Follows form on AI & WOS XSOI71350 5/10/2011 5/10/20 2 EACH OCCURRENCE g 3, 000, 000 X AGGREGATE $ 3,000, 000 DEDUCTIBLE RETENTION $ j - 5 5 c-. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEAIEXECUTIVE OFFIGERlMEMBEREXCLUDED? (Mandatory in NH) If yyeess describe under DESCRIPTION OF OPERATIONS Y { N N r A WC420304A - WOS TSP00011A4547 5/11/2011 5/11/2012 X WC STATU- OTHH. E.L EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE 5 1,000,000 $ 1,000,000 per schedule $200, 000 beIow E.L DISEASE - POLICY LIMIT D Leased /Rented Equip. r5465278 5/10/2011 5/10/2012 scheduled Equipment LeasediRenled peritemlocc DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 70t, Additional Remaha.Schedule, 5 more space Is required) Project; Triple Crown & Citation Dr. Area Drainage Improverteents; Project No. 2319 • When required by written contract, the City of Corpus Christi is an additional insured on general liability (primary and non - contributory) (ongoing & completed ops), auto liability policies with a waiver of subrogation in favor of same on the general liability, auto, umbrella and workers compensation policies. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W1TH-THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE R taiker -1 /CHERYL ACORD 25 (2009109) INS025 (204909) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO 211665 COMMERCIAL GENERAL LiABILIT( CO20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR OR CONTRACTORS SCHEDULED PERSON ORGANIZATION Th1s endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRA T Information required to complete this Schedule, if not shown A. Section 11 Who is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury,, "property damage" or "personal and advertising Injury" caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT above, will be shown h the Declarations. B. With respect to the Insurance afforded to these additional Insureds, the following addit onal exclu- sions apply: This Insurance does not apply to "bodLiy Injury" or "property damage" ocourring alter: 1. All work, including materials, parts or equip- ment furnished In connection with suoh work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work" out of which the injury or damage arises has been put to Its In- tended use by . any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CO 2010 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 i POLICY NUMBER: GLO 211665 1 COMMERCIAL GENERAL IL I ry 03 20 37LIAB 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 0rganizatfon(s): Location And Description OF Completed Opera.. #Ions AS REQUIRID BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, In whole or in part, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional Insured and included In the "products - completed operations hazard". CO 20 37 07.04 © 180 Properties, Inc., 2004 Page 1 of 1 ❑ Cru • orstier A ?WM CilfitpilAy THIS ENDORSEMENT CHANGES THE POLIDY; -PLEASE READ IT CAREFULLY. PRIMARYMON-CONTRIBUTORr ENDORSEMENT Thts efKlOrseftleht tflOdifies thoureho6 proviied .1.11(ter the idllowItv: qa.mmtcyki, cipiggRAL Luke ply qpvERAQIE PART . PRODUOTWOOMPLETED OPERATIONS LIA13ILeri POVERAG.E PAM' isufft)*Qcltrid agred that such ih$utenoe as-provided by thIe ptilloy is rebdifletl flhcist)140:ot .o the Mlle:oil% o &Oh 1004-4hcp as le. 40014§1 by thlo p011qy fOr the betiOfil.athe AciOttiOttai iht,i(eptehaft be prImry 11VganoeA4:r00:0014 Aby 914trfl, 10e or liability 64(1#51treOfy froin the Named Inurds 0.00.eAtigrp end any Qther ipoprinco-majritairie0 by the Initiredtii4 excess and riOn-ttintrinooty with Ma irieurarioe provided horeln. As required by Written contract CF8GL 120 (0608) POLICY NUMBER: GLO 211 665 COMMERCIAL GENERr93 00AL 24L1AB 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract. (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) . The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only fo the person or organization shown In the Schedule above. CO 24 04 10 93 Copyright, insurance Services Office, Inc., 1992 Page 1 01 C1 Bridges Specialties, Inc. -- Auto Policy #12307500 eff 5/10/2011-20121//' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Description TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE BROAD FORM INSURED EMPLOYEES AS INSUREDS ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT AMENDED FELLOW EMPLOYEE EXCLUSION TOWING AND LABOR PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE EXTRA EXPENSE - THEFT RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE PERSONAL.EFFECTS COVERAGE AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE AIRBAG ACCIDENTAL DISCHARGE AUTO LOAN /LEASE TOTAL LOSS PROTECTION ENDORSEMENT GLASS REPAIR — DEDUCTIBLE AMENDMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS WAIVER OE SUBROGATION REQUIRED BY CONTRACT UNINTENTIONAL FAILURE TO DISCLOSE HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE EXTENDED CANCELLATION CONDITION CA 71 109 01 06 Page 1 1 2 2 2 2 3 3 3 4 4 4 4 5 5 5 5 5 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION 1— COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto' are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto' you own that is out of service because of its breakdown, repair, servicing, "loss ", or destruction. B. BROADENED LIABILITY COVERAGES SECTION 11 — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of AS Limit of Insurance. CA 71 09 01 06 includes Copyrighted material of Insurance Services Office, Inc„ with its permission. Page 1 of 6 e. Any organization that is acquired or formed by you, during the team of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "properly damage" that results from an accident that occurred before you forrned or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage ", The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. CA • 71 09 01 06 C. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your 'employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": (a) To you, or your partners or members (f you are a partnership or joint venture), or to your members (if you are a limited liability company); (b) To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; (c) For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or (d) Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. D. BROADENED PHYSICAL DAMAGE COVERAGES SECTION ill — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: (TOWING AND LABOR) 2, Towing and Labor We will pay towing and labor costs incurred, up. to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: i (a) For private passenger type vehicles or "light trucks" we will pay up to $75 per disablement. "Light trucks" have a .gross vehicle weight (GVW) of 10,00.0 pounds or less. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 *25018990* 111111 iii (b) For "medium trucks" we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement, (PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE) 4. Coverage Extensions a. Transportation Expense is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,000. All other terms and provisions of this section remain applicable, (EXTRA EXPENSE - THEFT) The following language is added to 4. Coverage Extensions: c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000, (RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. CA 71 09 01 06 (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (3) (a) The number of clays reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "foss" results from the total theft of a covered "auto" of the private passenger or Tight truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (PERSONAL EFFECTS COVERAGE) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured ". Personal Effects does not include tools, jewelry, guns, musical instruments, money, or securities. CA 71 09 01 06 includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 3i 6 (AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE) (Deletion of Audio Visual Equipment Exclusion) f. Audio, Visual and Data Electronic Equipment Coverage. We will pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered "auto" at the time of the "loss" ar the equipment is removable from a housing unit which is permanently installed in a covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." (1) We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusions also apply: (3) We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or (b) Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. CA 71 09 01 06 (4) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result, of any one "accident" is the lesser of: (a) The actual cash value of the damaged or stolen property as of the time of the "loss "; (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment, If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. (AIRBAG ACCIDENTAL DISCHARGE) D. SECTION III ,- PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended as follows: The following language-is added to Exclusion 3.: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. AUTO LOANILEASE TOTAL LOSS PROTECTION SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any' unpaid amount due on the lease or loan for a covered "auto" less: CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 *26019000* Y 11 III uh1 1 uI'1 11 ij11I a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease / loan payments at the time of the "loss'; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the lessor; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (3) (4) (5) Carry-over balances from previous loans or leases. (GLASS REPAIR — DEDUCTIBLE AMENDMENT) Under D., Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage it the damaged glass is repaired, rather than replaced. F. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions, the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d, Knowledge of any "accident," "claim," "suit" or "loss" will be deemed knowledge by you when notice of such "accident." "claim," "suit" or "loss" has been received by: (1) You., if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; CA 71 09 01 06 CA 71 09 01 06 (4) Your members, manager's or insurance manager, if you are a limited liability company; or 1 (5) Your officials, trustees, board merribers or insurance manager, if you are a not - for - profit organization. G. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5.. Transfer of Rights of Recovery Against Others: to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage_" FL UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions, the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this, Coverage Form. I. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5, Other insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive ". and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, !rent or borrow; and Includes Copyrighted material of insurance Services Office, Inc., with its permission. Page 5, 6 (b) Any Covered "auto" hired or rented by your 'employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total Toss. No deductible applies to "loss" caused by fire or lightning. CA 71 09 01 06 CA 71 09 01 06 (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered i "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal anti, "loss" caused by falling objects or missiles., (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. J. EXTENDED CANCELLATION CONDITION A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 *27019010* AI 1 1111 11111 111111110 lIJ1i11 Bridges Specialties, Inc. GL policy eff 5/10/11 -12 Policy Number: GLO 211665 v/ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 0212 (1185) CANCELLATION BY US This endorsement modifies insurance provided under the following: /COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days: 30 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason. CG 02 12 (1185) 0108 12307500 BRIDGES SPECIALTIES INC NOTIFICATION ENDORSEMENT FOR CANCELLATIONINON- RENEWAL or MATERIAL CHANGE IN COVERAGE UW 17 30 0211 83- 111 K &S INSURANCE AG NCY THIS ENDORSEMENT SUPPLEMENTS THE TERMS OF THE POLICY. PLEASE READ IT CAREFULLY. 1 COMMERCIAL AUTO 1. If the Schedule below indicates "Cancellation /Non- Renewal Notification ", we agree to provide written notice to the person(s) or organization(s) shown in the Schedule due to a cancellation or non - renewal of the policy to which this form is endorsed. The number of days' notice we will provide is indicated in the Schedule. 2. If the Schedule below indicates "Material Change in Coverage Notification", we agree to provide written notice to the person(s) or organization(s) shown in the Schedule due to a material change in the policy to which this form is endorsed. For purposes of this endorsement a material change is a change: a. that is initiated by us; and b. in which the First Named Insured is provided written notification by us. The number ofdays' notice we will provide is indicated in the Schedule. SCHEDULE Name of Person(s) or Organization(s) and Mailing Address CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINNERING SERVICES PO BOX 9277 CORPUS CHRISTI TX 78469 -9277 Cancellation /Non- renewal Notification. Number of Days: 30 'RECEIVED SEP 2 71'.011 K & S Insura >t e Agency Of no entry appears above, information required to complete this endorsement will be shown in the Declaratio applicable to this endorsement.) UW 17 30 0211 /GEE s as TeXasMutual® Insurance Company WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT 01 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 perso 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: J CITY OF CORPUS CHRIST P 0 BOX 9277 DEPARTMENT OF ENGINEERING SERVICES CONTRACT ADMINISTRATOR 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 Sep t crab e r 21 , 2011 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001144547 20110511 of the Texas Mutual Insurance Company issued to BRIDGES SPECIALTIES INC Premium $ Wc420601 (ED. 1-94) `� Endorsement No. 0.00 / L - if/ AGENT'S COPY 1 Authorized Representative WASENDRS 9-21 -2011 TexasMutu® WdR insurance Company TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT KERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304 This endorsement applies only to the Insurance provided by the policy because Texas Is shown in item 3.A. of the Information Page. 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 thts 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 1, ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver 2. Operations: ALL TEXAS OPERATf0Ns 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll Irn connection with work perliormed.for the above person(s) or organization(s) arising out of the operations described, 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which It Is attached effective on the inception date of the potloy 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 et 12:01 A.M, standard time, forms a part of Policy No. TSF- 0001144547 20110511 otihe Texas Mutual Insurance Company issued to BR I DOES SPEC [ AL T I ES I NC Premium $ WC420304A (ED. 1.01.20001 Endorsement No. Authorized Representative AGENT'S COPY LMFAVORS 5.12.2011