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HomeMy WebLinkAboutC2011-509 - 11/8/2011 - ApprovedS P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F 0 R M S O F C O N T R A C T S & B O N D S F 0 R SALT FLATS LEVEE SYSTEM, PHASE ( SHORT —TERM IMPROVEMENTS) , cam n o cos m SWIM WAXER blobM FOR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857 -1880 Fax: 361/857 -1889 .March, 2011 m .' �ecc000uo .aocaay.............sa��AS_ - '�oco eeooutaa�aeae.a..s.o...a..rzc r•.•• fir? Ci 78198 _ Q"""' STEM '96A L ;. ENGINEERING Firm No. 145 2725 Swantner • CORPUS CHRISTI, TX 78404 (361) 854 -3101 FAX (361) 854 -6001 U.E.JOB NO. 36688.B0.00 PROJECT NO: 3428 DRAWING NO: STO -549 2011 -509 M2011 -251 11/08/11 Bridges Specialties, Inc. I (Revised. 7/5/00) SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -.TERM IMPROVEMENTS) Project No. 3428 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 8/2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities SECTION 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. Am-7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/04) 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 1.7 Field Qg fziee . (NOT USED) = A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Projeet Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A-23 'r...sp ftien n.-,,..ai -.-..7 (Re.,- se c /99) (NOT USED) A -24 Surety Bonds A 25 Sales TaR EgEemptien NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29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 r A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 Eity Water - "edit_- - Speela- Reeraii-e nts (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects Government Entities A- 33 —Cer ifieate e f Geea .,ney and FlEal- Aeeep.tancc (NOT USED) for A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone -- - -__ -y (NOT USE]]) 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 46 Dispesal of Highly Ohler- inated -Water- "- c��r�'r (NOT USED) A- ;7— Pke- EenStrae. iviEDgs lvru t vsy - 833 GUvct r vi3 ('- 'Ts "0�9) (NOT USED) A -48 Overhead Electrical. Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Technical Special Provisions A -51 Protection of Public and Private Property A -52 Security A -53 Access Roads A -54 Parking A-'55 Amended "Prosecution and Progress" A -56 Noise Control A -57 Dust Control A -58 Temporary Drainage Provisions A -59 Dewatering A -60 Electrical Proposal Form ATTACHMENT I - Computer Printout TECHNICAL SPECIAL PROVISIONS SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATES AND REQUIREMENTS SECTION T - TECHNICAL SPECIFICATIONS SITEWORK .2A3[3] - Clearing, Grubbing and Stripping- 2F16 [1] - Flap Gate Valves 2H21[l] - Soil Sterilization. 3C1[1] - Normal weight Aggregate Concrete 3F1[1] - - Epoxy Grout Concrete Repair 8A1[4] - Heavy Duty Metal Doors and Frames 16G5[3] - Telemetry Equipment APPENDIX Drainage Gate Shop Drawings Photos of Nine (9) Existing Flap Gates LIST OF DRAWINGS DRAWINGS 6 of 6 NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND i 1 I i i 4 i {k 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -TERM IMPROVEMENTS) / PROJECT NO. 3428 consists of clearing, grubbing, mowing, flap valve replacement, vault. security .systems and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents_ Will be received at the office of the City Secretary until 2:00 p.m. On Wednesday, May 11, 2011, and then publicly opened and read. Any bid received _ after closing time will be returned unopened. A pre -bid meeting is scheduled for Tuesday, May 3, 2011 beginning at 1:00 p.m. The pre -bid meeting will convene at Department of Engineering Services, Main Conference Room, 3� Floor, City Hall, 1201 Leopard St., Corpus Christi; Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session_ A site visit will follow after the meeting, if requested. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. The Contractor (not the supplier) is required to obtain tentative approval prior to bidding for equipment listed in Article TS -6 of Technical Special Provisions. To be considered, specific information must be received by the Engineer no later than 14 calendar days prior to the date set for bid opening. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of One Hundred and no /100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non -- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7 /5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE. COVERAGE 30 --Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,0.00 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY - -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH IT OF THIS EXHIBIT EMPLOYERS! LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $_2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental. ❑ REQUIRED discharge; to include long --term environmental impact for the disposal of X NOT.REQUIRED contaminants 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 X REQUIRED ❑ NOT REQUIRED Page I of 2 ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage.. [The name of the project must be listed under "description of operations" on each certificate of insurance.. ❑For each insurance coverage, .the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B �-f 1 �% NOTICE TO CONTRACTORS -- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one. of employer /employee and establishes who will be responsible for providing workers' compensation.. coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity; or employees of any entity furnishing persons to perform services on the project. Page 2 of 1 I "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service . related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (b) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached GrT aphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to:. (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on. the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, anew certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; . (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor. to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration . of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 1.1 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each .other person under contract to it to provide services on the project, and provide as required by its contract- (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be. given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building . or construction contracts entered into on or after September 1, 1994, which are not required by . law to be advertised for bid. Page 6 of 11 rM (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §40). _ . (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(1;), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. I— Source. Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110A 10(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28 S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate'}- A copy of a certificate of insurance, a certificate of authority to se f insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ,§'406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity. will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. , Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within ]Oda after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. .I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the x duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the. person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -- (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 .Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, May 11, 2011. Proposals mailed should be addressed in the following manner: City Secretary's Office Gity Seereta .._, _ .,fF - ^_ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -- SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -TERM IMPROVEMENTS) Project No. 3428 my proposals not ime and date of ] sically in possession of 1 )peeing will be deemed late will be returned unopened to the propose'. delivery to the City Secretary's Office._ their agent /representative, U.S. Mail, address or office other than the City responsive if not in possession of the Ci time of bid ovenina. or other deliv Secretary' s Of :v Secretary's O etarv's Office at the asive. Late proposals soled responsible for rosal, by the proposer, service, to any City will be deemed non - snrior to the date and A pre -bid meeting will be held on Tuesday, May 3, 2011 beginning at 1:00 P.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX., and will include a discussion of the project elements. If requested, a site visit will follow. No additional or se parate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of clearing, grubbing, mowing, flap valve replacement, vault security systems and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the .following order of priority, subject to the availability of funds: 1. Total Base Bid The City reserves the right,to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Explanation of Measurement and Payment 1. Mowing: This item will be measured as a lump sum and shall include mowing of levee within limits shown on plans. 2. Clear and Grub: This item will be measured as a lump sum and shall include Section A - SP (Revised 9/18/00) Page 1 of 24 W.J clearing and grubbing the levee of all trees, stumps, brush, roots, logs, rubbish and all other objectionable material, including removal of the top two feet of soil from between concrete walls Sta. 2 +70 to Sta. 3 +85 and replacing with select material and treating with herbicide. 3. Replace Flap Valves: This item will be measured by each flap valve and include removing existing flap valves, repair and restore concrete as required and install new flap valves. 4. New Metal Doors, Frames, Lockin Mechanisms and Electronic Status Monitoring: This item will be measured by each and include new metal door, frame and hardware, and an electronic monitoring system installed at each vault. 5. CCTV Monitoring Svstem: This item will be measured by each and includes installation of systems capable of video monitoring each of the vaults and all necessary appurtenances required to receive data at the City Emergency Operations Center and Power Street Pump Station. u 6. Dewatering: Dewatering as required is subsidiary to the established bid items and there will be no separate payment. 7. Epoxy Grout: Contractor shall insert the figure noted in his bid proposal. This item shall be used for undetermined quantity of epoxy grout concrete repair. Payment shall be negotiated for each circumstance. 8. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the `J project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Salt Flats _Levee System, Phase I (Short Term improvements), Project No. 3428 as identified in the Proposal) (A Cashiers 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/Li idated Damages Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 60 Calendar Section A - SP (Revised 9118100) Page 2 of 24 Days, as detailed elsewhere in the contract documents. After Contract Award and pre- construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work, $800 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold . and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A -7 Workers Cormensation Insurance Coveraae If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage.to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. _- In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the ,- City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section E -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 hen. vy construction. shall apply. When conflict in wage.rates, the higher of the rates shall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Section C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, Section A - SP (Revised 9118100) Page 3 of 24 workmen, and mechanics employed by them in the execution of the Contract_ The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The' Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly_ (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1; Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1 -800 -344 -8377, the Lone Star Notification Company at 1- 800 - 669 - 8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer, Urban Engineering -Mark Maroney Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC / A T & T Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 826 -3500 854 --3101 826 -3540 886 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1888 after hours) 885 -6900 (885 -6913 after hours) 826 -1875 (826 -1888 after hours) 826 -3461 826 -1940 1- 877/373 -4858 882 -2511 (1 -800- 824 -4424, after 826 -1946 826 -3547 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800- 724 -3624 225/214 -1169 (225/229 -3202 (M) 881 -5767 (Pager 854 -2981) 512/935 -0958 (Mobile) 972/753 -4355 hours) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as, much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not Quaranteed. 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. Section A - SP (Revised 9/18/00) . Page 4 of 24 In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the .utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the — utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A- 13.Area Access and Traffic Control - Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during we weather. The Contractor must .maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered. subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment S ills a and Tracking .The Contractor shall keep the adjoining streets. free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb .line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. - A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled.with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. Section A - SP (Revised 9 /is /oo) Page 5 of 24 All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the appropriate bid item; therefore, no direct payment will be made to Contractor. A -16 Di.s oral /Salves a 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) A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project and shall be structured to meet all the requirements of Section A -6 "Time of Completion" and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must also indicate the schedule of the following work items: 1. initial Schedule: Submit to the City Engineer three (3) days prior to the Pre= Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Lavout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout will be provided by the City or Consultant Project Engineer. The Contractor will furnish all lines, slopes and measurements for control of the ~` work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control Section A - SP (Revised 9/18/00) Page 6 of 24 points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed.line and grade to properly execute the work, the .Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the State of Texas retained and paid by the Contractor. The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: 0 Garb aad gutter -flew line beth sides ef street en a 200' intei=val a Street er-e%%s en a 200' interval and at all intea:­seetlens� Wastewater: All - Eim�inver • Casing elevations (top of pipe and flow line) (TxDOT and RR perm its). Water: • All top of valve boxes • Valve vaults rim • Casin elevations (to of pipe and flow line) (TxDOT and RR permits). Storm Water: • All rim /invert elevations at manholes • All intersecting lines in manholes • Casing elevations (t2p of pipe and flow line) (TxDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. Section A - SP (Revised 9/18/00) Page 7 of 24 When testing activities, including sampling, are performed in the field by Engineer or the testing firmts laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, 'American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1.. owned (a) For a sole proprietorship to be deemed a minority business enterprise,'it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.096 of the assets or interest in the partnership property must be owned by one or more minority person(s). Section A - SP (Revised 9/18/00) Page 8 of 24 (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 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. . 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation, Minority Business Enterprise (Percent) Participation (Percent.) 45% 155 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.. Section A - SP (Revised 9118100) Page 9 of 24 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) -.i A -24 Surety Bonds Paragraph two (2) of Section. B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the .bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of.Texas. The amount of-the bond reinsured by any reinsurer may not exceed ten percent (10) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100000 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 izi excess of $10.0,000 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 Fxem tiou (NOT USED) f ;is deleted in Its en-tirety and the fellewing substituted in lieu thereef. Section A - SP (Revised 9/18/40) Page 10 of 24 Pi.1blie— Aeeeuti%ts of TeHaw . Section A - SP (Revised 9/18/40) Page 10 of 24 ases, E Eeise, and Use `€a�ees applieable to this — Prejee . eemplies with the abeve reqfai�remea-ts. The Gentraeter must issue a 'Fee eertificate to -_� ",; A -26 Smlemen.tal Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to. the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this .coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 18469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract" documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under 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 section A - SP (Revised 9/18/00) Page 11 of 24 account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Remonsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any .policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contaract,.then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2). years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor-'s Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be _ present, on the job site, at all times that work is being performed. - T section A - SP (Revised 9/18/00) Page 12 of 24 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City_ Documentation concerning these requirements will be reviewed by the City Engineer_ The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project: If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City — Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. -- A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section 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; 1. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each.major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MEE 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. 5. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will Section A - SP (Revised 9/18/00) Page 13 of 24 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 phis provision constitutes a basis upon which to annul the Contract pursuant to Section. B- 7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A- 35--K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra ~~ work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Hid Meeting referred to in Special Provision A -1_ A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between . any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), Section A - SP (Revised 9118100) Page 14 of 24 construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities. Special Requirements (NOT USED). Prier te— €aerferminq weAE at any Gity water- €aeility, the Gentraeter, any City water €aeility. Fer additienal infermati9n referee Attaehment 1. w- - f- erange, bliae, eL- white. Haeh employee uniform muot provide company name and individual employee deabifiea4:.ons Section A - SP (Revised 9/i8/00) Page 15 of 24 f- erange, bliae, eL- white. Haeh employee uniform muot provide company name and individual employee deabifiea4:.ons Section A - SP (Revised 9/i8/00) Page 15 of 24 All Gentraeter vehieles must be parked at eles4:g-aated site, as desi"at ly 1. He is regularly engaged iii the eewpute3_= based mealterlay and- the m nieipa_ eeittrel— system - bu's4:n X51 preferably as applied ester -ate wastewater- industry. ... size, type, 2. He has perfermed werls en systems ef eemparable in this Centr_et en €erred big teehareel --and a r-v}aeg�ry -s nel; per' enly - qualified filled in ge, a-u The attaehed sheet is ehanges made during the phase. ----------- eludes- , faest be able tedemennstrate the x _, , _...; ae _ - - -j - 1. He is regularly engaged iii the eewpute3_= based mealterlay and- the m nieipa_ eeittrel— system - bu's4:n X51 preferably as applied ester -ate wastewater- industry. ... size, type, 2. He has perfermed werls en systems ef eemparable in this Centr_et en at least t??=__ eempleMityas- reEfai ed r?"; _ re'etieal — all - iat-ef & given = €er A. N. StevensWater- type will be the , red -et of Toeat Plaint= dam. Prier- per anee -at -the -mesa �^�irEid�ve-�'�c €o�— crrzs - Trc3c..zz. t�L,, t�,z rEejaet. bi 9. The Centraeter shall preeluee- all- illo Imma MOW t ieee- t�a�sy stews 1_0 filled in te the Gity Engineer with all al The attaehed sheet is ehanges made during the phase. ----------- re'etieal — all - iat-ef & given = €er A. N. StevensWater- type will be the , red -et of Toeat Plaint= dam. Prier- per anee -at -the -mesa �^�irEid�ve-�'�c €o�— crrzs - Trc3c..zz. t�L,, t�,z rEejaet. - €i l 3 pli -eet pl=egr- ing ti.leel__ 9. The Centraeter shall preeluee- all- tertihexisting Gity -8 system. 'Att' ehed is t ieee- t�a�sy stews filled in te the Gity Engineer with all requires te be and given The attaehed sheet is ehanges made during the phase. Section .A - SF (Revised 9118100) Page 16 of 24 an The 16. Tr-enehing All l a.....e...., h shall l be PE existing an en the -gre-j A -36 Other Submittals 1. Shop Drawing Submittal: The contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub- contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially .number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. CP. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that. review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents_ e. Scheduling: Contractor must schedule the submittals to -expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or'system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. SeCtion A - SP (Revised 3/19/00) Page 27 of 24 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 Cit II Under "General Provisions and Requirements for Municipal Construction. Contracts ", B- 6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan ") . This w includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction _Projects for Government Entities The requirements of "Notice to Contractors -B"" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (Not used) A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City. Engineer, that show that the material. supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisor (NOT USED) A -42 OSHA Rules &_ Regulations it is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: SeCtion A - SP (Revised 9/18/00) Page 18 of 24 The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to.an employee of the contractor, or any subcontractor, supplier or materialman. .A. -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of. each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/ field changes. (2) Changes in eefuipment and dimensiens due to (3) . (4) Deletions, additions, and changes to scope of work. - (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) , water, the permissible limits for- diseharge inte wetlands ar en�.-irenmentaliy sensiti,�-e areas. These aree regulated hay ageneies sueh as TGEQ, BELA, ete. it will be shall be submitted te the Gity feL- appr 1. There shall be ne separate pay for- A -47 Pre - Construction f2Mloratory Excavations (7/5/00) (NOT USED) Prier te aay eenstEuet4:en whatever ea the prejeet, Gentraeter shall 'Pet hele" or- Section A - SP (Revised 9 /1s /oo) Page 19 of 24 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 x� ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in, the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate.safety with regard to overhead lines whether shown in the plans or not- A-49 Amended "Maintenance Guaranty° (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 8-11 Maintenance Guarant , add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these special Provisions. A -51 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and Section A - SP (Revised 9/18/00) Page 20 of 24 parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -52 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against owner by reason of any act of an employee or trespasser, and Contractor shall .make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A -53 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A_ -54 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, owner's operations, or construction activities. A -55 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. A -55 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound Levels in the area during working hours. All construction machinery and vehicles shall be equipped. with practical sound- muffling devices, and operated.in a manner to cause the least noise consistent with efficient performance of the Work. Section A - SP (Revised 9/18/60) Page 21 of 24 During construction activities on or adjacent to occupied buildings, and. when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -57 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust_ Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly paymept will be withheld if this provision is not followed. A -58 Tennporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities ` shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding.shall be provided as necessary to prevent downstream flooding. A -59 Dewatering This item is considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. :Sheet flow and ponding is to allow solids screening and /or settling prior to entering a storm water conduit or inlet. Storm water or. groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. 'Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer Y or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857 -1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level Section ,A - SP (Revised 9 /18 /00) Page 22 of 24 again, pump hole or trench dry to a holding tank or vacuum!truck then record how long it takes to fill to original level and overnight level. A -60 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section B -2--7 "Preparation of Proposals is amended as follows: The bidder has the option of submitting a computer - generated printout, in lieu of the Proposal Form (Page 3). The printout shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Page 3). The printout shall be substantially in the form shown on Attachment 1. If the bidder chooses to submit a printout, the printout shall be accompanied by properly completed Proposal Form, pages 1, 2, 4, 5 and 6. in addition, the printout shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this printout for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this printout. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this printout by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature (Title) Date)" Section A - ,SP (Revised 9/18/09) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -TERM IMPROVEMENTS) Project No. 3428 OWNER: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 3F1 Epoxy Grout 3C1 Concrete 2F16 Flap Gates Sheet 2 of 6 Select Fill 8A1 Heavy Duty Metal Doors and Frames 16G5 Telemetry Equipment Section A - SP (Revised 9/18/00) Page 24 of 24 ATTACHMENT I COMPUTER PRINTOUT SAMPLE COMPUTER PRINTOUT DEL MAR AREA STREET IMPROVEMENTS PHASE III OCTOBER 23, 1995 (YOUR COMPANY'S NAME HERE) I II III IV V Bid Item Qty. Units Item Description Unit Price in Bid item Ext. I Otv. x Unit Price Al 37,475 SY Street Excavation 00.00 00.00 A2 5,033 SY 6' Cement STBL Salvage Base 00.00 00.00 Etc. Etc. _ Etc. D31 33 EA Manhole inserts 00.00 00-00 Sub -Total Base Bid "D" Items (Items D1 -D21) Sub -Total Base Bid "A" items:$ Sub -Total Base Bid "B" Items:$ Sub -Total Base Bid "C" Items:$ Sub -Total Base Bid "D" items-.$ Total Base Bid Items:$ Attachment I Page 1 of 1 r— AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of NOVEMBER, 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 $208,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SALT FLATS LEVEE SYSTEM, PHASE 1 SHORT TERM IMPROVEMENTS PROJECT NO. 3428 (TOTAL BASE BID: $208,000.00) 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 -77 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 (14) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Sun -2010 ATTEST: CITY OF CORPUS CHRISTI City Secretary Oscar Martinez Assistant City Manager Public Works, Utilities and Transportation APPROVED AS TO LEGAL FORM: ^. r By. By. Asst. City Attorney - Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR Bridges Specialties, Inc. rTCorporation) By : (Sea l Below) Title: (Note If Person signing for "- corporation is.not President, 117 Stovall — attach copy of authorization (Address) to sign) ;�st,,,,�•��+ Sandia, TX 78383 a� ��� �$�i'',•� '~ (City) (State)(ZIP) — �c '••�� T rr 3611215 -5141 3611547 -1769 (Phone l ) (l=ax) F y ST COUNCIL ,.......a r� SEC ETARY Page 3 of 3 Rev. Jun -2010 P R O P O S A L F O R M F 0 R SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -TERM IMPROVEMENTS) Project Noe 3428 DEPARTMENT OF ENGINEERING SERVICES ' CITY OF CORPUS CHRISTI, TEXAS ADDENDUM No 1 -- PROPOSAL Fab PAGE i'OF 6 Attachmeet No. 1 Page 1 of 6 P R O P O S A L Place: Date: SA _ "A®°tk Proposal of �c�r S CG; G�_ a Corporation organized and existing under the laws of the State of � "xc -5 Kil a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: SALT FLATS LEVEE SYSTEM, PHASE I (SHORT -TERM IMPROVEMENTS) Project No. 3428 at the locations set out by the plans and specifications and, in strict accordance with the contract documents for the following prices, to -wits ADDENDUM yip. I PROPOSAL FORM Ailnleni NQ.1 PAGE 2 OF 6 tfac Page 2 of 6 SALT FLATS LEVEE SYSTEM, PHASE I (SHORT—TERM IMPROVF NTS ) CITY PROJECT NO. 3428 BASE BID I II III IV P BTD QTY UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION I IN FIGURES �QTY b UNIT .PRZC; IN �•IGLTRES) 1 1 Mowing, complete in place per CX LS LS Clear and Grub, complete in ! SRX 0::C' $ ! e'�) 0 2 1 LS place per LS Replace Flap Valves, including concrete repair, complete in $ u 3 7 EA $ place per EA 4 1 Provide New Metal Doors, LS Frames, Locking Mechanisms and Electronic Status Monitoring, i 9 e complete in place per EA Provide CCTV Monitoring $ �"�° 5 1 LS System, complete in place per g5at) � zV EA Fill Existing RCP with i $ 6 1 LS Flowable Fill and Plug Both Ends per Plans, complete in ?GJ G! $ P place per LS 7 1 Epoy Grout Concrete Repair LS (Mandatory Allowance), complete in place per LS $15,000.00 $15,000.00 TOTAL BASE BID 4 (Items 1 - 7} NOTE. The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. ADDENDUM NO. Y PROPOSAL FORM Attachment No. 1 PACE 3 of 6 Page 3 of 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as rega lred)for the faithful performance of this contract and a Payment Bond (as required) t o 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 contraQt and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed gets of IDoauments: The contract and all bonds will 3,e prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 90 Calendar Days (including any of the additive alternates, if awarded)from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the surn or sums above set forth. Receipt of the following addenda is acknowledged (addenda number); Respectfully submitted: Name: By: (SEAL ° IF BIDDER IS a Corporation) Address: Telephone MOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000)' ADDENDiiH No. 1 PROPOSAL FORM Attachut Na 1 PAGE 4 OF 6 Pas$40 b P A Y M E NT B O N D STATE OF TEXAS § BOND No. 4384414 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Bridges Specialties, Inc. of the City of Sandia , County of Jim Wells and State of Texas , as principal ( "Principal "), and SureTec Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of TWO HUNDRED EIGHT THOUSAND AND NO/100 U.S. Dollars ($ 208 000.00 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 8TH day of NOVEMBER, 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: SALT FLATS LEVEE SYSTEM, PHASE 'I -- SHORT TERM IMPROVEMENTS PROJECT NO. 3428 (TOTAL BASE BID. $208,000.00) 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 29th day of November 120". PRINCIPAL, SURETY Bridges Specialties, Inc. By: ikc� Title: p� S y C Cti•� ATTE T. Sec - Address: 117 Stovall Sandia, TX 78383 Address: 9737 Great Hills Trail Ste. 320 Austin, TX 78759 Telephone: 972- 265 -8301 Fax: 469- 241 -1683 E -Mail: cfletcher@suretec.com (Rev. Date May 2011) Payment Bond Page 2 o13 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: xis Insurance Agency Address: 6434 Leopard (Physical Street Address) Corpus Christi, 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 § BOND No. 4384414 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 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 "), in the penal sum of TWO HUNDRED EIGHT THOUSAND AND NO1100 U.S. Dollars ( 208 000.00 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 8TH of NOVEMBER , 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: SALT FLATS LEVEE SYSTEM, PHASE 1 SHORT TERM IMPROVEMENTS PROJECT NO. 3428 (TOTAL BASE BID; $208,000.00) 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 I 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 29th day of November , 20 11 PRINCIPAL SURETY Bridges Specialties, Inc. SureTec Insurance Company By: By: ttorney -In -fact Richard W. Daiker - Title: e ATTE ecre Address: 117 Stovall Address: 9737 Great Hills Trail Sandia, TX 78383 Ste. 320 Austin, TX 78759 Telephone: 972 - 265 -8302 Fax: 469 - 241 -1683 E -Mail: cfletcher@suretec . com Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: (Rev. Date May 2011) Performance Bond Page 2 of 3 Name: Richard W. Daiker /Bill Lathrop Agency: x &s Insurance Agency Address: 6434 Leopard (Physical Street Address) Corpus Christi, TX 78409 (City) (State) (zip) Telephone: 361-21S-9.020 E -Mall; rdaiker@kandsa ns . 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 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: hftp: / /www.tdi.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. r-^ 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 001100 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 1213112013 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 206 of April, 1999_) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seat to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC IN E C ANY By: m ; ►u s $r John a Jr., resi(fent State of Texas ss: 5 r z5 County of Harris 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. ``�o�pRY /pdry� JACQUELYN MALDONADO er °= Notary Pub #ic, State of Texas iM>. ••�thC My Commission Expires acq ely aldo ado, Notary Public - fgra: May 18, 2013 Wy comm sion ex ' s May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this �� day of Vk s. - yVt1C19<r Qk , 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 (743) 812 -0800 any business day between 8:04 am and 5:00 pm CST. SUPPLIER NUMBER TO ]BE ASSIGNED BY"ITY PURCHASING DIVISION ^w CITY OF CORPUS CHRISTI Cry of DISCLOSURE OF INTEREST chi t 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. CONWANYNAME: i �C;G\w eS P. O. DOX o 5 yo'k STREET ADDRESS: r i`] '5 -� V- --M CITY. ZIP: FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner El 4. Association B 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the flames of each `employee" of the City of Corpus Christi 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 1 4) / 1�_ 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 V I V _ 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 PROPOSAL FORM PAGE 5 OF 6 ADDENDUM 140.1 Attachment No. 1 Page 5 of 6 FILING REQUMEM ENTS If a person who requests official action on a matter knows that the requested action will confer aiin — economic benefit on any City official or employee that is distinguishable from the effecttlnat the- action will have on members of the public in general or a substantial segment thereof, you shall discloses that fit in a signed writing to the City official, employee or body that has been requested to act in the ma� t� unless the interest of the City official or employee in the matter is apparent. The disclosure shat 1 also be — made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 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 statemewits will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: t `ctih Title: ('iy'pe ar Frint) — c Signature of Certifying Date: Person: DEFINITIONS a. `Board member" A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an econornic 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 pmt- 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. ADDENDUM NO. I PROPOSAL Fora Attachment No. 1 PAGE 6 OF 6 page 6 of 6 ACCORD CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONI. CERTIFICATE HOES NOT AFFIRMATIVELY OR NEGATIVELY AMENS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain policies may require an I certificate holder in lieu of such endorsement(s). PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 INbUREp Bridges Specialties, Inc. 117 Stovall St. Sandia W 78383 iBILITY INSURANCE DAT4IMMIDDIYMI 1/26/2012 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(ies) must be endorsed. If SUBROGATION IS WAIVEiD, subject to Indorsement. A statement on this certificate does not confer rights to the NAME °T Deb rah Cherry PHONE (972) 771 -4071 FAX fC No • -(-9-7-2-)-7-7- 972) 771 -4695 A'ORL .dcherry @kandsins.com INSURE !NS) AFFORDING COVERAGE NAiG p INSURERA.Crum & Forster Specialty Ins . INSURERBUnited Fire & Casualty COm an 13021 INSURER C :Texas Mutual Insurance Co. lNSURERD.Travelers Insurance Co. WH640 INSURER E - INSURER F OVERAGES CERTIFICATE NUMBER:11 /12 std wAnstallation 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. R TYPE OF INSU CE A DL SUER POLICY EFF POLICY. EXP POLICY NUMBER MM1pD1YYYY MWDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,060,00 X COMMERCIAL GENERAL LIABILITY 'AMA E T R NTED PREMISES Ea occurrence $ 50,00 CLAIMS - MADE }[ OCCUR X X 0211665 J /10/2011 /10/2012 MEDFXP(Any one person) $ X Additional Insured 02010 7/04, CG2037 7/04 PERSONAL &ADVINJURY $ 1,40Q,OO X Waiver of Subrogation G2404 10/93 GENERAL AGGREGATE $ 2,000,00' GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ){ PRO PRODUCTS - COMPIOP AGG $ 2,000,00, IrCT LOC $ $ AUTOMOBILE LIABILITY y C COMBINED SSNGLE LIMIT ANY AUTO B X B Ea a� Cent BODILY INJURY (Per person) OVERAGES CERTIFICATE NUMBER:11 /12 std wAnstallation 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. R TYPE OF INSU CE A DL SUER POLICY EFF POLICY. EXP POLICY NUMBER MM1pD1YYYY MWDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,060,00 X COMMERCIAL GENERAL LIABILITY 'AMA E T R NTED PREMISES Ea occurrence $ 50,00 CLAIMS - MADE }[ OCCUR X X 0211665 J /10/2011 /10/2012 MEDFXP(Any one person) $ X Additional Insured 02010 7/04, CG2037 7/04 PERSONAL &ADVINJURY $ 1,40Q,OO X Waiver of Subrogation G2404 10/93 GENERAL AGGREGATE $ 2,000,00' GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ){ PRO PRODUCTS - COMPIOP AGG $ 2,000,00, IrCT LOC $ $ AUTOMOBILE LIABILITY y C COMBINED SSNGLE LIMIT ANY AUTO B X B Ea a� Cent BODILY INJURY (Per person) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Department of Engineering Services Attn: Contract Administrator AUTHORIZED REPRESENTATIVE PO Box 9277 Corpus Christi, TX 78469 -9277 R Daiker -1 /DEBBIE L.ILa IQ � ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 r9ninnri m Tho ACV]Rr1 name and Innn nm re r iatprcrl mnrlra of Arrion POLICY NUMBER: GLQ 211665 , COMME=RCIAL GENERAL LIABILITY CO 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: r COMMERCIAL. GIrN1 =RAL LIABILITY COVERAGE FART SCHEOULE Name Of Additional Insured Person(s) Or Or nnization s : Locations Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule If not shown above will be shown In the beclarations. A. Section li --- Who Is An Insured Is amended to Include as an additional Insured the person(s) or organlzation(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 to part, by: 1. Your abis or omissions; or 2. The acis or omissions of those aoting on your behalf; In the performance of our ongoing operations for the additional Insured(s) at the looatfon(s) desig- nated above. S. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This Insurance does not apply to "bodily lnjury" or "property damage" occurring after: 1. All worts, Including materials, parts or equip• ment furnished in connection with such viork, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Ineured(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 arlses 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. 0 LSD Properties, Inc., 2004 PAge 1 of 1 7 POLICY NUMBER: GLO 21`1665 COMMERCIAL GENERAL LIABILITY CG 20 37 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 FART SCHEDULE Name Of Additional Insured Person(s) Or Or enization s : Location And Description Of Completed Opera - tions AS REQUIRED BY WRITTEN CONTRACT AS REQUIR90, BY WRITTEN CONTRACT Information required to complete this Schedule If not shown above will be shown in the Declarations. Section it 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 Iiability for "bodily Injury" or "property damage" caused, in whole or in part, by'Vour work" at the location designated and described in the sohedule of this endorsement performed. for that additional Insured and included In the "products - completed operations hazard", CG 20 37 07 A4 0 150 Properties, Inc., 2004 Page 7 of 1 POLICY NUMBER: GLO 211 665 V COMMERCIAL GENERAL LIABILITY CG 24 a410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. " 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 walve any right of recovery we may have against the person or organization} shown In the Schedule alxive because of payments we make for Injury or damage arising out of your ongoing operations or `your work` dome under a contract with that person or organization and Included In the "products- completed operations hazard". This waterer applies only to the person or organization shown to the Schedule above. 0024041093 C6pyright, Insurance Services Oftice, Inc., 1992 page 9 of '1 - p Brddges Specialties, Inc. V 12307500 eff 5/10/2011 to 5/10/2012 CIS 71000.1da 1+115 ENDORSEMENT CHANGES 11-11H POLICY. PI -11ASH READ IT CAREFULLY. BUSINESS /AUTO ULTRA I N1:3OR SE1VIENT This enuiorsoment modifies Insurance provided under 1118 following: BUSINESS AUTO COVEkAGE FORM COVERAGE INDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE - THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL, DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR — DEDUCTIBLE AMENDMENT r AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS a WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE S EXTENDED CANCELLATION CONDI'rioN G The COVERAGE INDEX set forth above Is informational only and grants no coverage. Terms sot forth in (Sold fia11cs) are likewise fof inl'orIMIlton only and by themselves shall be deemed to grant no coverage, A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I -- COVERED AUTOS, paragraph C. Certain TratlOrS, Mobile Equipment and Temporary Substitute Autos -is amencled by adding the folloving at the end of the existii ►g language: If Physical Damage Coverage is provided under this Coverage forril for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not 0M while used with the permission of its owner as a temporary substitute for the covered "auto" you owrl tllal is atrt of service because of Its breakdown, repair, servicing, "loss ", or destruct ion. B. BROADENED LIABILITY COVERAGES SECTION iI — LIABILITY COVERAGE III PAraigraph A. Coverage at 1. Who Is An Insured Is amended to include the following: (Broad Form Insured) d. Any legally incorporated sutisidiary In wlilch yOu oval more than 60% of the voting stock on ills effective ctate of the Coverage Form, However, the Named Insured does not include any sut)sidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination. or (lie exhatrstiorl or its Lin it of Insurance. CA 7109 01 06 Includes Copyrighted material of Insurance Services Office, Inc., wIlI1 its permission, page 1 of 0 e. Any organization that is acquired or formed by you, during the term 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 "property damage" that results from an accident that occurred before you formed 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 tic not own, hire or borrow. (Add►tlDhOl Insured Status by Contracf, 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 11. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. CA 7109 o1 o6 C. AMENDED FELLOW EMiPLOYEE EXCLUSION Only with respect to your "employees'? who occupy positions which are supervisory in nature, SECTION il. LIABILITY B. Exclusion 5, Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": (a) To you, or your partners or members (if 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 ditties 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 III — 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: (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 10,000 pounds or less. CA 79 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 *25018990A (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 flay 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 exiling; regardless of the policy "s expiration, with the lesser of the following number of days. (a) The_ number of days 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. (3) 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 "loss" results from the total theft of a covered °auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your recital reimbursement expense which is not already provided for under the SECTION Ill 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 3 of 6 (AUDIO, VISUAL . AND DATA ELECTRONIC EQUIPMENT COVERAGE) (Deletion of Audio Visual Equipment Exclusion) C 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" or 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 o9 01 0.6 (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. Ail 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 - dOVERAGE, S. 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 LOAN /LEASE 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 "lass" 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* 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 Weage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (6) 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 if 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 (4) Your members, managers or insurance manager, if you are a limited liability company; or . (5) Your officials, trustees, board members or insurance manager, if YOU are a not- for - protit 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 addedd- However, we waive any rights of recovery we may have against the person or organization With whore 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." H. 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 "autosn you own: . (a) Any Covered "auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 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 tirne 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 bass. No deductible applies to "loss" caused by fire or lightning. CA 71 09 01 06 (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. t4) definitions For This Section (a) Comprehensive Coverage: from any cause except .fhe covered "auto's" collision with another object or the covered "auto's,, overturn. We will Pay glass breakage, "loss" caused by hitting a bird or affirrial aW "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 CA 7109 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 *27019010* policy Nurturer: OLO 211663 THIS ENDORSEME, NT CHANGES TIME POLICY, PLEASE READ IT CAREFULLY. CG Q212 (1185) CANCELLATION BY US Tids endorsement modifies insurance provided under the following: COMMERCIAL GENL+RAL LIABILITY COVERAOR PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days: 30 City of Coilrtts Christi Depatttuent of )engineering Services Atttt; Conti -act Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 (If no entry appears above, itlformation tequimd to complete #ills Schedule will be shown in the Declarations as applieabie to this endorscmont,) Patsgraph 2, of CANCELLATION (Cointnosr Policy Conditions) is replaced by the following: 2. We may cancel this Coverago Part by trailing or dolivedng to the frlst Named Insured written notice ofoatloollation at lout: a. 10 days before the effectivo elate of catioellation if we cancel for nonpaymetlt of luentium; or b. The number of days shown in the Schedule before the effective elate of cancellation if we cancel for any Other reason. CG 0212 (1185) UW 17 25 09 10 UNITED FIRE & CASUALTY COMPANY I I$ SECOND AVENUE SE PO BOX 73909 CEDAR RAPIDS IA 52407 -3909 The following is a list of interests that you have requested that we notify of cancellation &!or material change for one or more coverage parts of the below policy number. (There may be additional notifications sent, if required by policy provisions,) If any of the information is not correct, please advise so we may update our schedule. Thank you. Date: 01/06/2012 Agent: 83 -0111 K &S INSURANCE AGENCY Insured. BRIDGES SPECIALTIES INC! PO SOX 277 / Policy Number: 0106 .12307500 VVVii ROCKWALL TX 75087 Addl Line of Cancel Material Change Interest Business Days Days CITY OF CORPUS CHRISTI 30 00 DEPARTNEKT OF ENQINNERING SERVICES PO BOX 9277 J CORPUS CHRISTI TX, 78489-9277 COMMERCIAL AUTO IJW 17 25 0910 POLICY NUMBER: 1'2307500 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:. Countersigned By: 09222011 Named Insured: Authorized Representative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization CITY OF CORPUS CHRISTI Address P 0 BOX 9277 CORPUS CHRISTI TX.78469 -9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 © ISO Properties, Inc., 2003 Page t of 1 x05018870* POLICY NUMBER: QT- 660- 3219R740- TLC -12 ISSUE DATE: 01- 1.9 -12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE / CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: / CITY OR CORPUS CHRISTI y/ ADDRESS: 1201 LEOPARD .STREET CORPUS CHRISTI,TX 76401 PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of clays is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at [east the number of days shown for nonrenewal in the schedule above be- fore the expiration date.. IL T4 0O 12 09 02009 The Travekers Indemnity Company Page 1 of 1 G ® WORKERS' COMPENSATION AND EMPLOYERS Tce ,%� LIABILITY INSURANCE POLICY Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named In the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRIST P 0 BOX 9277 DEPARTMENT OF ENGINEERING SERVICES I 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 September 21, 201 1 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 f. Endorsement No. 1 Premium $ 0.00 Authorized Representative WC420601i (ED. 1-94) AGENT'S COPY WASENDRS 9 -21 -2011