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HomeMy WebLinkAboutC2013-147 - 3/19/2013 - ApprovedU013447 3119113 M2013 -043 y Clark Pipeline Services LLC • a BORES & CASE A 16 INCH WATER ADJUSTMMqT UNDER THE BAST BOUND ON RAMP FOR IH 37 AT CARBON PLANT ROAD & IH 37 OF 4 Jts of / yfr LAiJRA K. PAUL 108811 PROJECT NO: E11099 � EM AW ON k I DRAWING NO: WTR 4:29 ' "/ (Reprised 7/5/00) Bore & Case A 16 Inch Water Adjustment Under the East Bound On Ramp for XH 37 at Carbon Plant Road & IR 37 Fable of Contents NOTICE TO BIX)DZRS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/001 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 u A -3 Description of Project A -4 Method of Award _ AM5 Items to be Submitted with Proposal A -6 Time of Completion/Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A-9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Wracking A -15 Excavation and Removals A. -16 Disposal/Salvage of Materials A-18 Schedule and Sequence of Construction A-19 Construction. Staking A -20 Testing and Certification A -22 Minority/Minority Business Enterprise Participation Policy (Revised 1.0/98) A -24 Surety Bands A 25 Sales Tram- Egeempti:en r� t�, F.��) NO LONGER APPLICABLE A -26 Supplemental. Insurance Requirements A 27 Respen-ib y -€e merge Glaims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contrast" Requirements -- A--31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 City Water Facilities Spacial Requirements A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" TOC Page 1 of 2 (Revised 7/5/00) A -38 Worker's Compensation Coverage for Building or Projects for Government Entities A -40 Amendment to Section B -8 -6: Partial Estimates A 'I! Ozene Advise 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 Disposal of Highly Chlorinated Water (7/5/00) A 48 Gverhead gleetLsieal WiEes (4/5/90) A -49 Amend "Maintenance Guaranty" (8/24/00) A-50 Trench Safety A -51 Errors and Omissions A -52 Lack of Information A -53 Electronic Bid Submittal A -54 Measurement and Payment of Subsidiary Items of Work A -55 Dewatering A -56 Storage, Access and Security A -57 Stormwater Pollution Prevention Construction A -58 Texas Commission can Environmental Quality General Permit Compliance ` SECTION B SECTION C SECTION B 022€}20 022}22 023020 0258€}2 026201 026202 026214 0264.1. 050200 - GENERATE PROVISIONS - FEDERAL WAGE RATES AND REQUIREMENTS - STANDARD SPECIFICATIONS Excavation and Ba.ckfill for utilities and Sewers Trench Safety for Excavations Jacking, Boring or Tunneling Temporary Traffic Controls During Construction Water Line Riser Assemblies Hydrostatic Testing of Pressure System Grouting Abandoned Utility .Lines Gate Valves for Mater Lines Welding SECTION T - TECHNICAL SPECIFICATIONS T- 022100 Select Material. T-- 0.26206 Ductile Iron Pipe and Fittings T- 026402 Waterlines T- 028020 Erosion Control by Seeding DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATE PAYMENT BOND Toc Page 2 of 2 r NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST SOUND ON RAMP FOR IH 37 AT CARSON PLANT ROAD & IR 37 (PROJECT NO. E11099), consists of removal and disposal of approximately 76 LF of existing 16" PVC waterline; grouting approximately 34 LF of existing 16" PVC waterline; installation of approximately 105 LF of 16" ductile: iron waterline; five 450 bends; two gate valves; and approximately 66 LF of 30" steel casing, of which 49 LF will be bored under the feeder road of IH 37 at the intersection of Carbon. Plant Road ;.together with all appurtenances in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 31, 2012 and then publicly opened read. Any bid receive after c osing time will be returned unopened.. A pre -bid meeting is scheduled for Wednesday, October 24,_2012 at 10.00 A.M. and will be conducted by t the City. T e location of t e meeEing will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. .A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the SW bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City ,if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in gooa con ion within two weds 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 opinions, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Dan Biles, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NM Page 1 of 1 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 MINIM= INSURANCE COVERAGE 30-Day Notice of Cancellation required on B;xUly injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,0100,000 COMBINED SINGLE LIMIT 1. Commercial. Farms 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 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,0100 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ® REQUIRED discharge; to include loner -term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B- -6 -11 and Supplemental. Insurance Requirements REQUIRED NOT REQUIRED NTC - A Page 1 of 2 * The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. r 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 Xaterest" must be submitted with your proposal. should you have any questions regrarding insurance requirenwnts, please contact the Contract Administrator at 826 -3500. NTC - A Page 2 of 2 NOTICE TO CONTRACTORS B I NOVICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensations insurance, authorized self - insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project. services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texaco Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: : 1, certain language must be included in the Contractor's contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its emplo'y'ees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to past the required notice at the job site. By signing this contract, the contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS - 8 (Revised 8J11 {p8� Page 1 a:E 7 8/'7/98 NTC -B Page I of II Texas Admiim6tr Live Code TITLE 28 INSURANCE FART 2 TEXAS DEPARTMENT OF INSURANCE, DI'V'ISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES. OF COVERAGE SUDCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting R.egiu irements for BitHdi ng or Constinictic n Projects for Goveruinentol Entities (a) The following words and teams, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this ntie shall have the meaning deed 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 constnuetion- -leas the Yneaning 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 nteetin,g the statutory requirements of the - Texas Labor Cade, §401.011(44). (5) Coverage agreement --A written agreement on form TWCC -81., forum. TWCC -82, form TWCCw83, 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- Jachi€les the time from they beginning of work on the project until the work on the project has been completed and accepted by the govenninental entity. (7) Persons providing services on the project ("s ubcontractor" 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 inclines but is not litnited to independent contractors, subcontractors. leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perfonn services on the project. NTC -s Page 2 of 11 r "Services" includes but is not limited to providing, harming, 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 cover -age pursuant to this rule is a representation by the insured that all employees of the insured who are providing services omm time project are covered by workeiV 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 - commmissiorm"s Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain rewired coverage, or failing to report any change that materially-affects time provision, of coverage: may subject the contractor or other person, providing - services on time project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A ,overn mental entity that enters into a building or constriction contract on a project shall: (1) include in time 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 time 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 time duration of the project; and (R) 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 can file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to then, by law. and (7) use the language contained in the following Figure l for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific docuunent in which they are contained or to impose stricter: standards of documentation: Attached 9 rb�ic m =TB 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 arnounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the govenimental entity prior to beginning work on the project; (3) provide the gage €imiental entity, prier 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 providhng services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work. orr the project, so the governmentaI entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later tha€a, 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 rides. `1'bis notice must be printed with a title in at least 34 point bold type and text in at least 19 point normal type. and shall be in both English and Spanish and any ether language common to the worker population. The text for the notices shall be the following text provided by the conmiission on the sample notice, without any additional words or changes: At Graphic (S) 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 begimring work on the project. (C) include in all contracts to provide services on the project the language ill subsection (e)(3) of this. section: C -s Page 4 of 11 `W (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 whore 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 cud of the coverage period., a new certificate of coverage showing extension of the coverage period, if the coverage period sham on the current certificate of coverage ends during the duration of the project; (i~) retain all required certificates of coverage on file for the duration of the project and for one year thereaften (G) notify the governmental entity in writing by certified mail or personal delivery. within ten clays 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 (W contractually require each other person with whom it contracts, to perform as rewired 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 amotmts 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 set-vices 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 goveriimental, 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 tinder 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 out the curreent certificate of coverage ends diming the duration of the project: NTC- -s Page 5 of 11 (G) retain all required certificates of coverage on file for the duration of the project and for one year thereafter: (7) notify the govetimental 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 our proper reporting of classification codes and payroll amorous _._.. and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project: (3) provide a certificate of coverage to it prior to that other person begiun g word on the project; (G) include in all contracts to provide services on the project the language in paragraph () 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 ally change that materially affects the provision of coverage of any persona providing services our the project; and (ID 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 rude or its application to any person or circumstance is held invalid, the invalidity does not affect ether provisions or applications of this rule that can be given effect T 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 govermnental 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. NTc -B Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c. to register with the Texas Department of Transpotration and who provide accidental insurance coverage ptusuant to Texas Civil Statutes, .Article 6676c. §40). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers wlro meet the requirements. of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act: §406.097(a) (as added by Douse Bill 1059, 74th Legislature, 1995, §1.20). This-subsection applies only to sole proprietors, pal tners. and corporate execrative 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. SoviTe Note. The provisions of this § 110.110 adapted to be effective September 1, 1994, 19 TexReg 5716; amended to be effective November 6, 1995.20 TexReg 5609 NTc -B Page 7 of 11 T28SI10.110(d)(7) 'REQUIRED WORKERS'COMFENSATIONCOVERAGE" "The Imi, requh es that each person working opt this site or providing sere =ices related to this construction project must be cm�ered 4y -workers' compensation insurance. This includes persons providing, harding, or delivering equipment or rrraterials, or prop >iding labor or trairsportation or other service related.to theproject, regardless of the identity, of their employer or status as an employee. •' "Call the Te-vas Workers' Compensation Commission at 51 2- 440 -3789 to receive information on the legal requirement for coverage, to iwifi, ii-hether your errph yer has provided the required coverage, or to report an empl'oyer's, ailinne to provide coverage. ,r NPC -H Page 8 of 11 T28S110.110(c)(7) Article . Workers' Compensation Insurance CoiPerage. A. Definitions: _ Certificate of coverage ( "cer trf irate' j- A copy o, f a certificate of f insurance, a certificate of atrthoriti, to self insure issued by the cornrrtission, or a coi errage agreement (TWCC-81, TWCC- 8 Z TWCC 83, or TWCC -84), shmi ing statattory workers' compensation insurance coverage for the person's or entit}d's emplayees prm ding ser i im on a project, for the duration of the project. Duration o, f the project - includes the tinte from the beginning of the work on the project until the contractor`.sdperson's work on the project has been completed and accepted by the goverwolental entity. Persons proWding ser wres on the project.f "subcontractor" in §406.096) - inciardes all persons or entities perforating all orpart of the services the contractor has undertaken to perforrrr on the project, regardless of whether than person contracted directly with the contractor and regardless o, f whether thatperson has emplgyees. This includes, without limitation, independent contractors, subcontractors, leasing companies, rrrotor° carriers, owner- operators, empioz-ees of f any such entity, or en pigs ees of airy entity which furnishes persons to provide senlres on the project. "Services" include, without Urnitaation, proi4ding, harrriing, or delivering equipment or materials, or proidding labor, transportation, or other serf -ice related to a project, "Services" does not inchide actirities unrelated to the project, such as foodllelyerage ;-endors, offlee supply delh,eries, and delivety ofportable toilets. B. The contractor shall provide coverage, leased on proper reporting o, f' classification codes and pa). Toll amotrnts a nd f ling of zrnv coverage agreements, which meets the statartoj-y requirements of f `T'exas Labor Corte, Section 401.011(44), for all employees o, f the contractor providing services on the project, for the duration of the project. C. The Contractor Waist prm de a certificate of f'coverage to the governmental entityprior to being aai�arded the contract. D. If the coverage period shrmvn on the contractor's current certificate of coverage ends during the duration of the project, the contractor rrrarst, prior to the end of the cot >er age period, file a nmi, certificate of coverage with the g€ verrrrrrerrtnl entity shoi-r =ing that coverage has been extended. E. The contractor shall obtain from each person providing sere -ices on to project, and provide to the governmental enfio,. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entio, frill have on file certificates of coverage shoe =ing c overage,for all persons providing services on the project, and (?) no Inter than seven days after receipt by the contractor, a rreir, certificate of coverage shoeing extension of coverage, if the coverage period shoir n an the current certafl'cate of coverage ends during the duration o, f'the project. NTc -B Page 9 of 11 F. The contractor- shaall retain all required certif sates of coy >erage for• the duration of the project and for one year thereafter. G. The contractor shall noti , the governmental a ntiq� in writing by certified mail or personal delivery, within IQ drays after the contractor Imew or should hare knoivn, of any change that inateriaall)- af fecFs the provision o, f `coverage of wr vperson providing sen ces on the project HL The contractor shall post on each project site a nnartice, in the text, fount and manner prescribed by the Towns Workers` Compensation Commission, informing all persons providing services on the project that they are required to be coivr ed, and starting hoi1, a person way verify coverage and report luck of etwerage. L The contractor shall contractually require each person with whoin it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of ciassijxr ation codes and payroll amouna and filing of any coi erage agreements, which tweets the statutory regrtirernents of Texas Labor Code, Section 401,011(44) for all of its errrp*eesproviding see i4ces on the project, for the duration of ` the project; (2) provide to the Conti-actor, prior to that person beginning work on the project, a certificate of coverage shoming that coverage is being provided for all employees of theperson providing services on the project, for the duration of the project; (3) provide th a contractor. prior to the end of the coverage period, a nim, certi, fir. ate of coverage showing extension of coverage, f the corerage period shown on the caarTent certificate of coy >er age ands alrtr7rtg the duration of the project; (4) obtain from each other person with whom it contracts, arrrd provide to the contractor.- (a) a certificate of coveaage, prior to theotherperson beginning ivorkcan the prgfect; 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 earls during the duration of tyre project, (5) retain all required certificates of coverage on frle for the duration o, f the project acrd for one year thereafter; (6) notify the gm errnatental entity in witing by certified mail or personal delivet; within 10 days after the persona knew or should have kntwn, of any change that nnaterially affects the provision of coverage of any persons providing seri=ices on the project; and (7) contractually require, each person- with i4=horn it contracts, to per, forrrn as required by _ paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing sertIces. J By signing this contract or providing or causing to be provided a certificate of cm erarge, the contractor is representing to the governmental entity that all employees o, f'the contractor who 11411 provide senIces on the project gill be cm,ered by workers' compensation coverage for the duration of the project, that the coverage 1.iIll be based on proper° reporting of classification codes arndpayroll amounts, and than all caw?-age agreements will be filed with the appropriate insurance carrier car, in the case of as set irnsnrred, with the commission's Dr" Ision of Se f NTc -s Page 10 of 11 Insurance Regulation. Proilding false or misleading information ma the contractor to administratii-e penalties, crin inal penalties, cNil penaltie.v, or other cnIl actions, K. The contractor's failure to comply with aiq of these pr avisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedv the breach idthin ten days after receipt of notice o, f breach from the gom- nmental entit v. XTc -B Page 11 of 11 SECTION A SPECIAL PROVISIONS BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR Iii 37 AT CARBON PLANT ROAD & IH 37 PROJECT NO. E11099 VAA'Z A - SPECIAL PItt 8IONS 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.a.1, Waftesda October 31 2012. Proposals mailed should be addressed in the following 'tanner: City Seccretary' s Office _.. City of Corpus Christi. 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR Iii 37 AT CARBON PLANT ROAD & IR 37 PROJECT NO. E11099 Anv pr000saxls not phvsically in possession of the CJ tv Secretar , s Office at the time and date of bid openigg opening will be deemed late and noanrea! qpq ve. Late proposals will be returned unopened to the Proposer. The amoser is solely responsible for deliveEX to the Ci Secrets 'B Office. Delive of proposal, by the proposer, their a ent/re resen t1ve U.S. Mail or other detlive service to any Ci.t address or office other than the Ci Secre 'z office will be deemed non -re oansive if not :Ln ssea ssion of the C± Secrataals Office prior to the date and time of pe.ning. A pre-bid meeting will be held on wednesda X, October 24 2012 innin at 101:00 am. 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 separate visitations will be conducted by the Cit . A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 besartotion of Project BORZ & CASE A 16 INCH WATER ADJUSTMENT UNDER THE FACT BOUND ON RM�w FOR 1H 37 AT CARBON PI"T ROAD & in 37 (Rroject No. E11099), consists of removal and disposal of approximately 76 LF of existing 16" PVC waterline; grouting approximately 34 LF of existing ,16" PVC waterline; installation of approximately 105 LF of 16" ductile iron waterline; five 45° bends; two gate valves; and approximately 66 LF of 30" steel casing, of which 49 LF will be bored under the feeder road of IH 37 at the intersection of Carbon Plant Road; together with all appurtenances in accordance with the plans, _. specifications and contract documents. A--4 Method of Award The bids will be evaluated based on the Total Base Bid. PART A - SP PAGE 1 OF 25 The City reserves the right to reject any or all bids, to waive irregularities and to accept the lowest bid. A -5 Items to be Submi.tted wi.th Proposal The following items are re,aired to be submitted with the proposal: 1. 5% Bid Bond (Must reference Pro`eat Name as identified in the Proposal) (A Cashier's Check, certified check, :money order or bank draft from any State or National Bank wi11 also be acceptable.) 2. Disclosure of interests Statement A- 5 Time of Cqzpletion/Liquidated Dama es The working time for completion of the Project will be 20 calendar &ya . After contract award and pre - construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice frog► the Director of Engineering Services or designee ( "City Engineer") to proceed. Days Allocation for Rain,: The Contractor shall anticipate the following number of work days Jost due to rain' in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Corpus Christi international Airport 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 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 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. A -7 Workers Compensation Insuzance Coverage if the ContractorTs workers' compensation insurance coverage for its employees working an 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 affective 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, PART A - 5P PAM 2 or 25 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 pe=ti.tted 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 roust contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Previsions, A -9 Acknowl t 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 He Construction shall be used. Prevailina Waae Scales The Corpus Christi City Council has detenni..ned the general prevailing mi=nim hourly wage - rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, wDr)nm, 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, warknan, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Coatractor and each subcontractor mast keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics etploYed by them in connection with tire. Project and shearing the actual wads paid to each worker. The Contractor will make, bi- weekly certified payro11 sutmittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls frm all subcontractors and others working on the Project. These doc€> Tertts will also be submitted to the City Engineer bt- weekly. (See section for Minority/Wnority Business Enterprise Participation Policy for _. additional requirenwmts concerning the proper form and content of the payroll submittals.) One and orte half (1.5) tins 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 Tetras, and Section B-7 -6, Wbrking Hours.) A-12 tics with Public (wised 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 PART A - SP PAGE 3 OF 25 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 Texas811 (just dial 811), and the Lone Star Notification Company at 1- 800 - 669 - 8344. In addition, the Contractor shall notify City Traffic Engineering at (361)826-161D br the City Call Centex: at (361) 826 -CITY when working at or near any signalized intersections. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer CH2M HILL 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 Phone: 888 --8100 Fax: 888 -8600 Traffic Engineer: 826 -3540 Police Department 886 -2600 Water Department 826 -1881 (880 -3140 after hours) Wastewater Department 826 -1800 (880 -3140 after hours) Gas Department 885--6900 (885 -6900 after hours) Storm Water Departamt 826 -1875 (880 -3140 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 A E P 1 -877- 373" -4858 S B C 881-2511 (1-- 800.824- -4924, after hours) Texas8ll 811 City Street Div. for Traffic Signal /Fiber Optic Locate 826 - -1946 826- -1960 Cablevision 857 -5000 (857- -5060 after hours) ACSI (Er Optic) 887 -9200 (Pager 800 --724- -3624) (Fiber Optic) 813 -1124 (Pager 888 - 204 -1679) ChoiceCr.m Giber Optic) 881 -5767 (Pager 850-- 2981) CAPRXX (Fiber Optic) 512/935 -0958 ([mile) Brooks Fiber Optic (F) 972 -753 -4355 Regional Transportation Authority (RTA) 28942712 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, eta. 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 accura�d completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to Locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other seders or by temporary PART A - SP PAGE 4 08 25 pumping to a satisfactory Nutlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or Plumed 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 mare 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 sever service lines must be provided by the Contractor. A -13 Area Access and Traffic Control. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. A!— 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 small 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 plans, i.e. preparation of plans, approval and permit from the City, and implementation of the plan on each site for the duration required will be included in the lump sun item as listed in the Proposal Form. If the site needs any adjustment in the traffic control sign location, which may be -- required for safety of traffic and pedestrians, no additional payment for the implementation and enforcement shall be made to the Contractor. A--14 Construction Ecruitment Soillaae and Tracki_n The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. nand 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 stox7m sever system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. PARTA - SP PAGE 5 or 25 All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. Some items are listed on the Proposal Form as requiring removal, and will be paid for based on the unit price bid by the Contractor. However, all other necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items requiring removal of structures; therefore, no direct payment will be made to Contractor. A-16 D; sal /Salvo 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 and disposal is considered subsidiary; therefore, no direct payment will be made to Contractor. Water lime valves, fire hydrants, and manhole ring and covers will become the property of the City, and the Contractor shall deliver these items to the City utility yards per the City Engineer's instructions. A -17 Field Office (NOT USM) The Gentr-aeter- must fU25n4:sh the emir— er- his ---r-ep r esentative -- wigs —a ft fl and twe (2) The Inellned table that meas�iEe�s at Gentraeter ehaiEs. shall aeve the field separate - - pay -items 9 ©r ti:ie41eld €€le'e•- A-18 Schedule and 3equence of Construction The Contractor shall submit to the City Engineer a work plan based only on CAIMNDAR days. This Galan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. ate- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic U date: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial schedule. PART A - SP PAM 6 or 2$ W A -19 Construction Project Layout and Control The drawings may depict but not necessary include. lines, slopes, grades, sections, measurements, bench marks, basel.,ines, 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 shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would Necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor scull 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 Turd Pere ledepe.,de t Registered Professional Land survey (R.P.b.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 a:-� Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets. • All curb returns at point of tangency /point of circumference • Curb and gutter flow line -- both sides of street on a 200' interval; • Street crowns on a 2001 interval and at all intersections. Wastewater: * All rim /invert elevations at manholes; * All intersecting lines in manholes, . * Casing elevations (top of pipe and flow line) (TXDOT and RR permits). - Water- • All top of valves box; * Valves vaults rim; - * Casing elevations (top of pipe and flow line) (TXDOT and RR permits). * All ram /invert elevations at manholes; * All intersecting lines in manholes; * Casing elevations (top of pipe and flow line) (TXDOT and RR permitsy. PART A - SP P= 7OF 25 Sri -20 Testing =d Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the Laboratory testing will be borne by the City. In the event that any-test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Pros ' eot Si s (moT 'uszD) A -22 14inority/Minority Minority/Minority Business Ente rise Partial tion Poll (Re,ise4 10A98� 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 beeai awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, _. association, or joint venture as herein identified as providing wont, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minoritv Susi.ness rater rise: A business enterprise that is owned and controlled by one or more rinority 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 manacle, and share in payments from such an enterprise in the manner hereinafter set forth: PART A - 3P FAGS 8 OF 25 - - - - -he . A -22 14inority/Minority Minority/Minority Business Ente rise Partial tion Poll (Re,ise4 10A98� 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 beeai awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, _. association, or joint venture as herein identified as providing wont, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minoritv Susi.ness rater rise: A business enterprise that is owned and controlled by one or more rinority 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 manacle, and share in payments from such an enterprise in the manner hereinafter set forth: PART A - 3P FAGS 8 OF 25 I . Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it mast be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). -- (c) For an enterprise doing business as a corporation, at .east 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 Enter rise: 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 denture. 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: PART A - SP P 9 0P 25 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 sk b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the .length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final: breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit 'overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) =7-` - - - A -24 _Surety Bands 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 reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsizrer 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 Hoard of Insurance as of the date of the last annual PART A - SP PAM 10 OF 25 A -24 _Surety Bands 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 reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsizrer 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 Hoard of Insurance as of the date of the last annual PART A - SP PAM 10 OF 25 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 W_ Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer :oust be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NO LON(MR APPLICABLE) _ . ' rev de- Eesale-- eer-tifleetee to grepesal -value 69 _ater .,g` A -26 Su jVlemental Insure-moo 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 nail prior written, notice of cancellation or material change to: PART A -- SP PAGE 11 OF 25 1. Names City of Carpus Christi Engineering Services Department Attn; Contract Administrator 2. Address. P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable .insurance policy, signed by the insurer, stating that the City is an additional insured under 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 there against and hold, it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Re22onsiblldLty for Drina Claims NOT USED PART A - SP PAM 32 OF 25 � , rr PART A - SP PAM 32 OF 25 A -28 Considerations for Contract Award and Xxecution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. if any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City. Engineer. The criteria upon which the City Engineer makes this determination may include the following: I. The Superintendent must have at least five (5) yes recent experience in 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, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out-procedures. The superintendent shall be 2resent, on the job site, at all times that work is bein erfoaaaed. 2. Foremen, if utilized, shall have at least five (15) years ret experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written, approval from the City. - Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in Writing prior to such superinb�' ndent assuming responsibilities on the Project. Such w.rs.tten approval of field adml=stratton staff is a prerequIsite to the City Engineer's obligata,on to ere -,ate a contract for th:Ls Project. if such approval is not obtained, the award may be rescinded. Further, such varitten 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 tc section B -7 -13. A -30 Amended "Consideration of Contract" Regairements under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3--1 Consideration of Contract add they following text: PART A - SP PAGE 13 OF 25 Within five (5) working days following the public opening and reading of the proposals:, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each - -, major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a 'description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBA firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably — possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains 'the right to approve all subcontractors that will •perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the tern of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -E, if applicable. 10. Within five (5) days following bid capering, submit in letter for&, information identifying type of entity and state, i.e., Texas -(or other state) Corporation or Partnersh±p, and names) and Title(s) of 1ndividval (s) authorized to axeaute contracts on behalf of said entity. PART A - SP PACE 14 OF 25 Under "General Provisions and Requirements for Mn-Licipal Construction Contracts" 8 -8 -5 Policy on Extra Work and Cho Orders-the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligationn to gay 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" is 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 elate 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 Cbntract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself .fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder, of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meetizfg 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), construction plazas, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 C:LtY Water FaC!1:Lt1es: cjaJ R irements - A.ee7�entFeter PART A - SP PAGE 15 OF 25 B. Operation of CIty- -Owned %q"ulpment The Contractor small not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such stems must be operated by an operator or other authorized maintenance employee of the City mater Department. T C. Frotectz'on of water Quality The City must deliver water of drinking quality to its customer's at all tunes. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI /NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American rational Standards Institute /rational Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, — thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI /NSF Standard 61 and unless such items are inspected on the site by authorised Casty personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI /NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. PART A - SP PAGE 16 OF 25 fammishingy r installing, v r Samneetiagr r these speel f.l eatiefa . All treReh - €e * mss pL-9je9t at-.....the o. N. Steveins water T-2�-eatfffent review, verification of i maehines adjacent A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible electronic copy for all shop drawings larger than 11 " x 17" in size. G. 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(sy, and specification Section number, as appropriate, on each submittal farm. d. Contractor's stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, opti.onst and other data. Supplement manufacturers' standard data to provide informations unique to this Project. ei. 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 Resubmattals: Contractor :rust 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. PART R - SP `AGE 18 OF 25 - `y 2-. &imles: The Contractor must - submit samples of finishes from the full range of manufacturers` standard colorst textures, and patterns for City Engineer's selection. 3. Vest and Repair Rcoort — 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 e ui ment will not be a roved for use on the project. A -37 P� 1%=angement and Charge for Water Furnished i3r the City,, W Tinder "General Provisions and Requirements for Municipal Construction Contracts ", B-- 6 -15 Arrangement and Char e for Water Furnished by the City, add the .following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "), This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -- construction meeting. The Contractor will }peep a copy of the Flan on the Project site throughout construction." A -38 Worker's Compensation Coves a for Bull4nq or Construction Projects for Government Entities The requirements of "Notice to Contractors `S` are incorporated by reference in this Special Provision.. A -39 Certificata of OcSypancy Occupancy and Final Acceptance (NOT USED) A-4a A'mendment_. 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 Advisoa NOT USED the --day as this 4ts eo�perienee47 A -42 OSHA Mules & 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. PAM A - SP RAM 19 OF 25 A -43 Amended lndemn:Lf.3cation & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants- The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and skull indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Dravin s (7/'5/00) (a) Contractor shall retake 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 pen or pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include 'the following. (1) horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. w A -46 Dispasal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in.an approved manner. Contaminants in the water, particularly high levels of chlorine, will be Used for PART A - EP PAGE 20 OP 25 disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TNRCC, EPA, etc. It. will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shah be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A--47 Pre-- Const.ructi.on .lora'to Excavations {7/5/00} NOT USED _. pipeline. Emplerater-y eNG&VatleRS Shall be paid ter an a -lamp Siam basis. Any pavei�iefit- A -48 Overhead Electrical Wires (7 /5 /00) NOT USED GeRtrraeteE shall eemply with all --rn,, ­a-... to wj:th regard te due all dillgeaaaep s adequate safety net- it shai! be the T A -49 Amended "Maintenan a Guaran " (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Ccarant , acid the following: PART A - 9P PAGE 21 OF 25 "The Contractor's guarantee is a separate, additional remedy mailable 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 Trench Safety If the Contractor's proposed construction methods require the excavation of any access pits, trenches, or other below ground operations, such work shall be in compliance with all federal, state and local requirements for trench excavation and safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "French Safety" as shown in - the proposal forms. A -51 Errors and Omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. if errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be doze and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A -52 Lack of Information If the Bidder feels that there is insufficient information in order for him to prepare his bid and/or construct the work, he is required to make a written request for additional information. All costs associated with the pre -bid investigation shall be borne by the Bidder, with no compensation from the City. However, the Bidder shall not perform any investigation at the above project site unless a written request is submitted and approved. The Contractor shall not use the lack of information as a basis for requesting extra compensation. A -53 Electronic Bid Submittal. The following paragraph modifies Paragraph 5 -2 -7 - Preparation of Proposal, of the general Provisions: The bidder has the option of submitting a computer - generated print -out in lieu of the Proposal ­(SHEETS: 1--6 OF 6), INCLUSIVE. The print --out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheet (3 of 6) . The print -out will be substantially in the form attached as the Proposal Form /Disclosure Statement. If the Contractor chooses to submit a print -out, the print -out shall be accompanied by properly completed proposal pages 2 and 4 -5 of 6. PART A - SP FA= 22 OF 25 In addition, the print -out will contain the following statement and signature, after the last bid item: (Contractor) certifies that the unit prices shown on this printout for bid items (including any additive or deductive alternatives) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and _ no other information from this print -out. (Contractor) 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 in this print -out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) A -54 Measurement and E2,yM2nt of Subsidiary items of Work Unless specifically included in the Proposal, the measurement and payment requirements indicated in the individual standard specifications for any work do not apply, and the cost of this item of work shall be included in the cost of the item of work to which it is subsidiary. A -55 Dewatering This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items or shall be measured by the linear feet of trench as described in Section A -3 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 eaters an excavation can be pumped out as long as care is taken to minimize solids 4nd 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 grater 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 Viola Channel (Inner Harbor Canal). 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. Tests will also be performed as each new area of construction is started. PART A -- SF PAM 23 OI' 25 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 sewe..r'or wastewater plant, the costs for these operations shall be negotiated. Either groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case ]oasis. Prior to Pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Danielle Converse at 826 -4034 to obtain a "no cost " permit from the Waste Water Dept. City will pay for any water duality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow-to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. ,_,cj , cess and Security A,� Stora a Access The Contractor shall be allowed access to the project site via existing Street right -of -ways. Storage (laydown areas) for equipment and materials have not been identified. The contractor may sake arrangements with the City on available City sites or provide a private location near the project at the Contractor's expense. At the end of each day`s construction activities, the Contractor shall install temporary chain link fencing or other approved means to impede unauthorized access into the construction area. .The temporary fencing shall provide a positive obstacle against both pedestrians and vehicular traffic. The use of only orange safety netting will not be permitted. The temporary fencing small have a minimum height of five feet. A -57 Stormwa.ter Pollution Prevention: This project disturbs less than 1 acre of land; therefore, a stormwater pollution prevention plan (SW'PPP) is not required. However, as shown on the plan sheets, measures should be taken to prevent sediment or pollutants from entering the storm water system. All storm water pollution prevention (SWPP) measures shown can the plan sheets should be implemented by the contractor, All costs associated with meeting SWPP requirements shall be considered subsidiary to the Fiber Roll Inlet Protection Bid Item. In addition, if during the course of the project other minor SWPP items are required to limit or control' soil erosion or transport of soil, then the Contractor shall implement these measures at no increase in the contract price. A -58 Texas Commlasion on Environmental Quality ceneral permit C lance This project disturbs less than 1 acre of land, therefore, coverage under the TPDFS General. Permit (TXR150000) is not required. FART A - 58 PACE 24 OF 25 SUBMITTAL TRANSMITTAL FO12M PROJECT: BORN & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR H4 37 AT CARBON PLANT ROAD & M 37; PROJECT No. E11099 OWNER: CITY OF CORPUS CHRISTI HNGINEER: CH2M HILL, INC. CONTPACTOR: SUBMITTAL DA'T'E: SUEKITTAL NCR: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL PART A - SP PAGE 25 OF 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § W THIS AGREEMENT is entered into this 19TH day of MARCH, 2013, 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 Clark Pipeline Services LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of 179,575.45 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR IH 37 AT CARBON PLANT ROAD & IH 37 PROJECT NO. E11099 (TOTAL BASE BID: $79,575.45) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents - include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus - Christi, plans and specifications, including all maps,. plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 20 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 Secretary APPROV AS TO GAL FORM: By: Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: 0,4.6, ;Lq Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By:Q=4QQ=._Q Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Clark-Pipeline Services LLC By:_ Title: �- 4281 State Hwy 188 (Add Tess) Taft, TX 78390 (City) (State) (ZIP) 3691816 -6007 * 3611528 -3030 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 my Vill P R O P O S A L F O R M/ D I S C L 0 S U R E S T A T.E M E N T F 0 R BORE & CASE A 16 INCH STATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR I H 37 AT CARBON PLANT ROAD & I H 37 PROJECT No. E11099 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 7 PROPOSAL Place: Date: Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR IH 37 AT CARBON PIANT ROAD & IH 37 PROJECT NO. E11099 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Proposal Form Page 2 of 7 ! II III IV V BID QTY $ UNIT PRICE BID IT ITEM UNIT DESCRIPTION IN FIGURES EXTENSION Wafer Improvements REMOVAL AND DISPOSAL OF 16" Al 80.5 LF WATERLINE (PVC), COMPLETE IN PLACE PER LINEAR FOOT. $. - ru: GROUT EXISTING WATER LINE (16" A2 33.5 LF DIAMETER), COMPLETE IN PLACE Ck PER LINEAR FOOT. $ i . Z $ zo 16" DI WATER LINE (OPEN A3 62 LF TRENCH), INCL. TRENCH AND BEDDING, COMPLETE IN PLACE PER LINEAR FOOT. $ C La . z $ S 16" DI WATER LINE (ENCASED), A4 50 LF INCL. SPACERS, COMPLETE IN PLACE PER LINEAR FOOT. $ �. 0-1 $ TRENCH SAFETY FOR WATER LINE A5 142.5 LF REMOVALIINSTALLATION, COMPLETE IN PLACE PER LINEAR FOOT. $ 12 TRENCH SAFETY FOR WATER LINE. A6 2 EA BORE PITS, COMPLETE IN PLACE PER EACH. $ 2 ` w v = $ A7 2 EA 16" PLUG, COMPLETE IN PLACE PER EACH. $5 2 cc $. AS 6 EA 16" MJ 45° BEND, COMPLETE IN PLACE PER EACH. $ A9 1 EA 16" GATE VALVE/BOX, COMPLETE IN PLACE PER EACH. $ q8 $ 30" STEEL CASING (BORE), A10 50 LF COMPLETE IN PLACE PER LINEAR FOOT. $ $ 30" STEEL CASING (TRENCH), All 29 LF COMPLETE IN PLACE PER LINEAR FOOT. $ 1 _ i $ Al2 1 EA FIBER ROLL INLET PROTECTION, COMPLETE IN PLACE PER EACH. $ 7 $ a-7 S' EROSION CONTROL BY SEEDING, A13 110 SY COMPLETE IN PLACE PER SQUARE YARD. $ "I U $ A14 1 LS TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM. $ MOBILIZATION /BONDSIINSURANCE, A15 1 LS COMPLETE IN PLACE PER LUMP SUM. $ $�. SUBTOTAL (BID ITEMS A -1 THROUGH A -15) $ S` NOTE: The above unit prices must include all labor, materials, removal, overhead, kinds called profit, for, insurance, etc., to cover the and the owner finished work of the several reserves the right to increase or decrease Proposal Form Page 3 of 7 the quantity of any bid item. The above quantities are approximate, include an additional contingency in some cases, and may vary from the final quantities. DO NOT ORDER MATERIAL BASED ON THESE APPROXIMATE QUANTITIES. The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications, and contract documents relating to the 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 Bored (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the everit 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 two days (five days for Contractors outside Nueces County) of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned - agrees to complete the work within 20 Calendar Days from the date designated by a.Work Order. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified by the City. Time duration is for total job. The undersigned further declares that he will provide all necessary tools ^ and apparatus, do all the work and furnish all materials and do everything accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth Receipt of the following addenda is acknowledged (addenda number): Resp tfully submitted: Name: By: ¢ (SEAL - If Bidder is a Corporation) LLC Address: ` 2ki )rc � _7k3-7 Telephone: Proposal roam Page 4 of 7 NOTE: Do not detach bid from other papers. Fill in with ink and submit 'complete . with attached papers. PR(7/ 90), Proposal Form Page 5 of 7 PAYMENT BOND STATE OF TEXAS § BOND No. 4387910 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Clark Pipeline Services, LLC of the City of Taft , County of San Patricia , and State of Texas , as principal ( "Principal "), and SureTec Insurance Com any , a Solvent company duly authorized under the laws of the State of Texas to act as surety on bands for principals ( "Surety "), are meld 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 _SEVENTY -NINE THOUSAND, FIVE HUNDRED SEVENTY -FIVE AND 451100 U.S. Dollars ($ 79 575.45 U.SJ to be paid in Nuecas 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 19TH day of MARCH, 2013 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: BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND _ ON RAMP FOR 1H 37 AT CARBON PLANT LOAD & IH 37 PROJECT NO. El 1099 (TOTAL BASE BID: $79,575.45) Now, therefore, the condition of this obligation is such, that if said Pdncipal 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 becorne 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 whoa any requisite notices may be delivered and on wham 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 3rd day of April -72013. PRINCIPAL Clark Pipeline Services, LLC By_ Title: ATTEST: J. Secretary Address: ( !�U /ff SURETY ureTec Insu r By. i 'V Attorney -in -fact Address: 1330 Post Oak Blvd Suite 1100 Houston, TX 77056 Telephone: 713 - 812 -0800 Fax: 713 - 812 -0406 E- MEiii:_cdenn i s dp .qr.ant -zho1, - insurance . com Rev. Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Game: Kerry Woods Agency: Keetch & Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi TX 78404 (City) (State) (Zip) Telephone: 36i 889 E -Mail: kwoods@keetchins.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 anginal Power of Attorney must be attached hereto. Norte: 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. 4387910 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Clark Pipeline Services, LLC of the City of Taft County of San Patricio , and State of Texas , as principal ( "Principal "), and SureTec Insurance Cam an , 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 SEVENTY -NINE THOUSAND,._ FIVE HUNDRED SEVENTY -FIVE AND 451100 U.S. Dollars ($ 79,576.45 U.S. ] to be paid in Nusces 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 19TH of MARCH, 20il 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: BORE & CASE A 16 INCH WATER ADJUSTMENT UNDER THE EAST BOUND ON RAMP FOR IH 37 AT CARBON PLANT ROAD & IH 37 PROJECT NO. E11099 (TOTAL BASE BID: $79,575.46) 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 Principai 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 acrd /car 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 trams 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 works to be performed thereunder. (Rev. Date May 2011) Performance Band Page 1 of 3 Provided further, that this bond is executeci pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall Ile in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Argent 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 his I in 4 copies, sac one of which shall be deemed an original, this the day of , 2013. PRINCIPAL SURETY Su eTec Insura e Clark Pipeline Services LLC By: rt By: ttorney -in -fact D Title: �-✓ ATTEST: Secretary Address: Z 9�y (p Address:1330 Post oak Blvd Houston, TX 77056 713 -812 --0800 `T'elephone:_..._.. ,. Fax: 713 -812 -0406 E -Mail: dennis .descant@bch- insurance.com (Rev_ Date May 2011; Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kerry Woods Agency: Keetch & Associates Insurance 1718 Santa Fe Street Address: (Physical Street Address) Corpus Christi TX 78404 (City) (State) Telephone: 361- 883 -3803 kwoods @keetchins.com E -Mail: 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. Nate: Date of Performance Bond must not be prior to date of contract. END (Rev. bate May 2011) Performance Bond page 3 of 3 y CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O' BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: # E11099 Bore & Case A 16 inch Water Adjustment Under East Bound On Ramp for IH 37 at Carbon Plant Road & 1H 37 Surety Company: SureTec Insurance Company. Lad ies /Gentlemen: 1, T. Clay Rogers, Vice President (Insert Name or officer of Surety and Title), hereby certify that the facsimile pointer of attorney submitted by — Dennis M. Descant, Jr._ (llrsertName ofA-ttomev -In- Fact} for Clark Pipeline Services, L LC _(Insert Corrt�ar���IVame of Contractor, a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O, Box 9277 Corpus Christi, TX 78469 -9277 Signed this 11 day of Aril ) 201 Name: T. Clay Rogers Title: Vice President Sworn and subscribed to before me on this day of r� Z0.1 2013. 4IDLSI -II �CH'E1iKWAK w SYM901WIS mmmmem Krm Nvy�t'too�rc (Revised 2110) of J ry Pu Iyu C State of My Commission Expires:. l —� i A > 7 POA #: 4221073 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 Dennis M. Descant, Jr. 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 12/31/2013 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 Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and-any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -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 200 of April, 1999) - In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. vAAN SURETEC IN E C PANS.' q' By: W. to ) 5- John o Jr., resident State of Texas ss: > 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. a °ti *er��rr�; ,1AC61UfEYld lw1ALDOhIAI)(3 Jr Notary Pubiic, State of Texas ac el n aldo ado Notary Public .,'• My Commission Expires q y s ty May 16, 2013 comm sion ex y y cs May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of _ , , A.D. Nk. Brent Beaty, :�ssistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:u0 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or W to make a complaint at: 1 -866- 732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or - complaints at 1- 800 - 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512- 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeping to cio business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME ........... .....C, L-.A.... k.1.p..k .'.....U�. c x. ....�.:........................ STREET: -- ALE t k�'J !W CITY: "�� �— t ZIP. ..... _ �.r`1.. �........ FIRM is: 1. Corporation 1/' 2. Partnership 3- Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee' of the City of Corpus Christi having an "ownership interest' constituting 3% or 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 r -j 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this.contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant � r CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. { Certifying Person: <A, L ,r C Q1c- L Title: 13 (Type or Print) ., _.. Signature of Certifying Person: pate: ® �' Proposal Form -' Page 6 of -7 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. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 7 of 7 b —;-'1 CLARPIP -01 DHAY CERTMICATE OF LIABILITY INSURANCE DATE {MMf ° °' ;y;) _ ... 4110/201.3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Don eg an Insurance Agency, Inc. PHONE Fax - P.O. Box 314 Ar�o, Ex1) ( 830 ) 303 -8300 INC,. No} (866) 463 -7358 Seguin, TX 78156 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAlC # INSURER A Liberty Mutual Southwest (America First) INSURED - -- . INSURER B: Peerless Indemnity Ins C.Q. 98333 ... .. _. Clark Pipeline Services, LLC INSURER C: Service Lloyds Insurance Co. 4281 Stet H' h 188 __._. _ B Ig _y : INSURER D: - Taft, TX 78390 -4553 _. _.... INSURER E: - INSURER F: - COVERAGES CERTIFICATE NUMBER: _. . REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TO WHICH THIS THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FNSR- - - - - ;ADDU SUER ... .. - .. POLICY EFF POLICY Fa(P LTR . _ TYPE OF INSi3RANCE .1NSR WVD ; POLICY NUMBER _ _ . {MMlDDIYYYY) . {MMIDDIYYYY) ..... .. -- - __ - LIMITS _ GENERAL LIABILITY ;V {/ _ _ A X COMMERCIAL GENERAL LIABILITY GI-1060076 6130/2012 - 6/30/2013 I- EACH OCCURRENCE : $ DAMAGr:T(YRCNTED 1,000,0001 PREMISES. Ea occurrence $ 1001006 :CLAIMS-MADE X.,, OCCUR MED EXP (Any ane person PERSONAL & ADV INJURY $ -, .. _.. 1,000,006; - - GENERAL AGGREGATE . $ V/ 2,666,006! GEN'L AGGREGATE APPLIE[[[JS PER: PRODUCTS - COMP /0P AGG f $ 2,000,000, PIRDT _ v POLICY, ! I,.,IECT LOC - -- -- - - ...._ -- AUTOMOBILE LIABILITY GOMBINED SINGLE LIMIT (Ea accident) $ V 11000,000' B X ANY AUTO $A1060077 6/3012012 6/3012013 - Per BODILY INJURY P erson ( ) $ ALL OWNED SCHEDULED -- -- - ....... _.... _ AUTOS ,AUTOS BODILY INJURY (Per accident $ ) _ _� ` HIRED AUTOS . NON-OWNED - AUTOS (PER AqCIqBNT) X UMBRELLA LIAB -- X OCCUR $ � - -- -- .. EACH OCCURRENCE $ 2,000,006 '. MS A Excess LIAB CLAI MADE; CUS914356 6/30/2012 613D12013 AGGREGATE $ DED X RETENTION$ 90,000` - - - WORKERS COMPENSATION S COM _ S 2,000,00a AND EMPLOYERS 'U, YIN C WC STATU OTH- X TORY ER. .. _ ANY PROPF2!ETgRlPARTNERIEXECUTIVE SRZD23274 -12 1217/2012 1217/26/3 OFFICERIMEMBER EXCLUDED? - - N/A E L. EACH ACCIDENT $ 1,6 {}0,660, (Mandatory in NH) 'df - !f yes, describe under E.L. DISEASE- EA EMPLOYEE $ 1,000,000: OESGRIPTIONOF OPERATIONS below E. L. CIS EASE LIMIT $ 11000,066: DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required) - - Project #E11 09g - Bore & Case at 16" Water Adj Under East Bound On -Ramp - IH 37 -See attached endorsements for Additional Interest. f V CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi Department of Engineering Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contract Administrator ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi, TX 78469 -9277 AUTHORIZED REPRESENTATIVE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ENDORSEMENT L i Forming a part of Policy Number: GL 1060076 Marketed America First 'through Ixa�1 ranee® R#emhttoMbe.f muj_1GT,., Coverage Is Provided In AMERICA FIRST INSURANCE COMPANY . A STOCK COMPANY Named Insured: Agent: CLARK PIPELINE SERVICES, LLC DONEGAN INSURANCE AGENCY INC Agent Code: 4282016 Agent Phone: (830) -303 -8300 LIABILITY COVERAGE PART DECLARATIONS EXTENSION GENERAL LIABILITY EXTENSION ENDORSEMENT 22 -45TX SCHEDULE THE FOLLOWING ENDORSEMENT PROVISION DOES NOT APPLY WHEN "X" IS SHOWN IN THE SPACE PROVIDED BELOW _X-PROVISION H. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR-PERMIT DOES NOT APPLY _X-PROVISION 1. ADDITIONAL INSUREDS - VENDORS DOES NOT APPLY 17 -59GL (06/94) 0613013012 1060076 Date Issued: 07/18/2012 INSURED COPY NN11gQ5 1807 PGDM060D J11057 AC3FPPN 00000976 Page 11 GLI060076 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II -- Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement. A person's or organization's status as an additional insured under this endorsement ends when: a. Ali work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the E=vent Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. 2. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 3. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 4. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 5. Any person or organization specifically designated as an additional insured for ongoing operations by a separate Additional Insured — Owners, Lessees Or Contractors endorsement issued by us and made a part of this policy. © 2011 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office inc., with its permission. 22 -'132 (Dd�111) Page 1 of 2 06/3012012 1060076 NN119485 1807 INSURED COPY PGDM060D J11057 AC3FPPN 00000974 Page C. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as. stated in the Declarations of this policy and defined irl Section Ili — Lim.its Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. D. With respect to the coverage afforded by this endorsement, Section IV — Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Claim Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit,' under this insurance to us; b. Tender defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover underthis Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Condition 4. Other Insurance of Section IV — Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. O 2011 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its permission: 22 -132 (04111) Page 2 of 2 06/3012012 1060076 NN119485 1807 INSURED COPY PGaM060D J11057 AC3FFFN 00000975 Page 10 GL1o60a76 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Each Location General Aggregate Limit for that "location ". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other "location ". 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to operations at a single "location" owned by or rented to you: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Each Location General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Includes copyrighted material of Insurance Services Office, with its permission. 22 -106 (01ID7) Page 1 of 1 06130/2012 1060076 NN119485 1847 INSURED COPY PGDM060D .E11057 AC3FPPN 40001}980 Page 15 GLI060076 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAkEFUILLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED -IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition {Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "yourwork" done under a contractwith that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contractor agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contractor agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22-126(01/ 08] Page 1 of 1 06130/2012 1060076 NN119485 1807 INSURED COPY PGDM060D J11057 AC3FPPN 00000986 Page 21 GL 1064076 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit, B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit, D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or it the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply. Includes copyrighted material of Insurance Services Office, Enc., with its permission. 22 -127 [01108) Page 1 of 1 06/30/2012 1060076 NN119485 1807 INSURED COPY PGDMO60D J11057 AC3FPPN 0001}0988 Page 23 Clark Pipeline Services, LLC GL1060076 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The following endorsement provision does not apply when "X" is shown in the space provided below: Provision B. PROPERTY DAMAGE — BORROWED EQUIPMENT does not apply Provision C. PROPERTY DAMAGE — CUSTOMERS' GOODS does not apply Provision F. MEDICAL PAYMENTS EXTENSION does not apply Provision H. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT does not apply Provision 1. ADDITIONAL INSUREDS — VENDORS does not apply Provision J. BROAD FORM NAMED INSURED does not apply Provision K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES does not apply Provision L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT does not apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED WATERCRAFT Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (2)(a) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following; This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and S. PROPERTY DAMAGE -- BORROWED EQUIPMENT 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (4) of exclusion j. Damage To Property does not apply to "property damage" to borrowed equipment while that equipment is not being used to perform operations at the job site. 2. Under SECTION 1V — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision B. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 2. This endorsement provision S. does not apply when it is shown in the Schedule as not applicable. Includes copyrighted material of Insurance Services office, Inc. with its permission. Copyright. Insurance Services Office. Inc.. 2000 22 -45TX (12102) Page 1 of 6 INSURED COPY f78f3012092 low= N7C00®MGr1[6 f'GDMO50D ,102209 AC3FPPN 000pf3gg7 page 51 C. PROPERTY DAMAGE — CUSTOMERS' GOODS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAG E LIABILITY (SECTION 1), provisions (3), (4) and (6) of exclusion J. Damage To Property do not apply tQ -Property damage" to "customers' goods" while on your premises. 2. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision C. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 3. The following Is added to SECTION V —DEFINITIONS. "Customers' goods" means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process_ 4. This endorsement provision C. does not apply when it is shown in the Schedule as not applicable. D. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provisions (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage results from the use of elevators. 2. The following is added to SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance:. The insurance afforded by provision 0. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. E. DAMAGE BY FIRE, LIGHTNING, EXPLOSION, SMOKE OR LEAKAGE If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under subsection 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION t): a. The fourth from the last paragraph of exclusion J. damage To Property is replaced by the foilowing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage' (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III -- LIMITS OF INSURANCE. b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION Ill — LIMITS OF INSURANCE. Includes copyrighted material of Insurance Services ofnoe, Inc. With its permission. Copyright. Insurance Services Office. Inc„ 2000 22-"TX (12142) Page 2 of 6 06!30!2012 1060476 NTC008MG806 INSURED COPY PI;DflA060D J02209 AG3FPPN 000Dpg6g Page 62 2. Paragraph 6. under SECTION III —LIMITS OF INSURANCE is replaced by the following: fi. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to anyone premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner, his limit is the greater of: a. $300,000; or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit. 3. The word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protection systems" where it appears in: a. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance, subparagraph (1)(b); and b. SECTION V— DEFINITIONS, paragraph 9.a. F. MEDICAL PAYMENTS EXTENSION 1. SECTION III —.LIMIT$ OF INSURANCE, paragraph 7. is replaced by the following: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of. a. $.15,000; or b. The Medical (Expense Limit shown in the Declarations_ 2. Under provision 1. Insuring Agreement of COVERAGE C MEDICAL PAYMENTS (SECTION Ij, the second subparagraph (2) of paragraph a. is replaced by the following: (2) The expenses are Incurred and reported to us within three years of the date of the accident; and 3. This .endorsement provision F. does not apply when: a. It is shown in the Schedule as not applicable; or b. COVERAGE C. MEDICAL PAYMENTS (SECTION 1) is otherwise excluded from this Coverage Part. G. EXTENSION) OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Under SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B: 1. Paragraph '.b. is replaced by the following: b. Up to $2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 9.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $300 a day because of time off from work. Indudes copyrighted material of Insurance services Office, Inc. with its permission. Copyright. Insurance Services office. Inc„ 2000 22.45TX (121102) Page 3 of 6 INSURED COPY W302012 z 9060078 IdTCQi]8MG606 W302012 PGOM060D .102209 AC3FPPN 0000M Page 53 H. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMOT I. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an Insured any person or organization when you and such person or organization have agreed In writing in a Contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endors$ment ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision H. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", °property damage' or "personal and advertising injury*; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project Insure(other than service, maintenance or repairs) to be performed by or on behalf of the addfonal ds) at the site of the covered operations has been completed; or (2) That porticn of "Your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in Performing operations for a principal as a part of the same project; C. To the rendering of or failure to render any professdonal services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury* arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision 1. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy; or g. When it is shown in the Schedule as not applicable. Includes copyrighted material of Insurance Services ofnce, Inc, with its permission. Copyright. Insurance Services office, Inc.. 2000 2245TX (121 02) Page •b o4` � 06430/2012 1060076 NTCODBMG806 INSURED COPY PGDMO60D J02209 AC3FPPN 00000970 Page 54 1. ADDITIONAL 114SURED = VENDORS Paragraph 2, under SECTION ll — WHO IS AN INSURED is amended .to include as an insured any organization (referred to below as "vendor") with whom you person or agreed, In a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to 'bodily injury' or "property dannage arising out of "your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does. not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; C. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, unless unpacked solely for time purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sate of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act; error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whore you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This endorsement provision I. does not apply when it is shown in the Schedule as not applicable. J. BROAD FORM NAMED INSURED 11. SECTION II —WHO IS AN INSURED is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. Under SECTION IV — COMMERCIAL. GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other insurance, paragraph b. Excess Insurance; Tfils insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 5o percent of the. voting stock. 3. Paragraph 2. of this endorsement provision J. does not apply to a policy written to apply specifically in excess of this policy. 4. This endorsement provision J. does not apply when it is shown in the Schedule as not applicable. Includes copyrighted material of Insurance Services 01(ke. Inc. with its permission. 22- 45 Copyright. Insurance Services Office. Inc.. 2000 't'X {121Q2j 06rJW012 106W76 NTCODStVIGsos INSURED COPY Page S of 6 PGDME)GOD J02209 AC3FPPN 00000971 Page 55 K. FAILURE TO MCLOSE'HAZARDS AND PRIOR OCCURRENCES 1. Under SECTION IV — COMMERCIAL GENERAL UABILITY CONDITIONS, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "accurrencee existing as of the inception date 'Of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior'occurrences" is not intentional. 2. This endorsement provision K. does not apply when it is shown in the Schedule as not applicable. L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under paragraph 1, of SECTION II — WHO IS AN INSURED or a person who has been designated by them to receive reports of occurrences, offenses, claims and "suits" shall have received such notice from the agent, servant or "employee ". 2. This endorsement provision L. does not apply when it is shown in the Schedule as not applicable, M. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional prem ium charge, your policy will automatically provide the coverage as of the day the revision is effective In your state. This does not apply to provisions that are shown in the Schedule as not applicable_ N. BODILY INJURY REDEFINED Under SECTION V — DEFINITIONS, definition 3. is replaced by the following; 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office. Inc., 2000 22 -45TX (12102) page 6 of 6 060012012 1080076 NTCODBMG806 INSURED COPY PGgf,90601) J02209 AC3FPAIV C0006972 Page _ 56 BA 1060077 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT COVERAGE INDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 1 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 HIRED AUTO PHYSICAL DAMAGE 2 TOWING AND LABOR 2 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 2 RENTAL REIMBURSEMENT 3 EXTRA EXPENSE - BROADENED COVERAGE 3 PERSONAL EFFECTS COVERAGE 3 AIRBAG COVERAGE 3 LEASE GAP 3 GLASS REPAIR - .WAIVER OF DEDUCTIBLE 3 DRIVE OTHER CAR FOR EXECUTIVE OFFICERS 4 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS 5 BODILY INJURY REDEFINED 5 EXTENDED CANCELLATION CONDITION 5 The following modifies insurance under the: 5 BUSINESS AUTO COVERAGE FORM I. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I - COVERED AUTOS, paragraph C. is changed by adding the following: If Physical Damage Coverage is provided under the Business Auto Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto' you own that is out of service because of its breakdown, repair, servicing, "loss ", or destruction. 2. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an insured: 1. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar insurance available to that organization. However, the Named Insured does not include any organization: a. that is a partnership or joint venture, or b. that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. 2. Paragraph 1.15. above does not apply to a policy written to apply specifically in excess of this policy. 3. Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation. 4. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired that organization. 16 -59f (05104) 06/30/2012 1060077 Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc., 1997 Page 1 of 5 NTCODBMG806 INSURED COPY PGDM060D J62209 AC3FPPN 06001041 Page 37 3. EMPLOYEES AS INSUREDS, SECTION II — LIABILITY COVERAGE —WHO IS AN INSURED is amended to include as an insured: Any employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE — WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under this policy. This provision 4. does not apply unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage.' 5. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, 2.a. Supplementary Payments, items (2) and (4) are replaced by the following: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $300 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II — LIABILITY, exclusion 5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision 6. is excess over any other collectible insurance. 7. HIRED AUTO PHYSICAL DAMAGE SECTION Ill — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. Subject to a maximum of $750 per "accident ", we will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally liable, and the lessor incurs an actual financial loss. The insurance provided under this provision 7. is excess over any other collectible insurance. 8. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, A2.Towing, is replaced by the following: 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, we will pay up to $50 per disablement. 16-69f(05/04) 06/30/2012 1060077 IneWdes copyrighted material of Insurance Services office, Inc. with its permission. Copyright, Insurance Services office, Inc., 1997 Page 2 of 5 NTCODBMG806 INSURED COPY PGDM060D J02209, AC3FPPN 00001042 Page 38 b. For "light trucks" that have a gross vehicle weight (GVVV) of 10,000 pounds or less, we will pay up to $50 per disablement. c. For "medium trucks" that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds, we will pay up to $150 per disablement. However, the labor must be performed at the place of disablement. 9. PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extension, is amended to provide a limit of $50 per day and a maximum limit of $1000. 10. RENTAL REIMBURSEMENT SECTION III -- PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss ", other than theft, to a covered "auto ". We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." The most we will pay for any one "accident" or "loss" is $1000. No deductible applies to this coverage. 11. EXTRA EXPENSE —BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 12. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: 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 $600 for "personal effects" stolen with the .,auto.,, The insurance provided under this provision 12. is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: "Personal effects" means tangible property that is worn or carried by an "insured ". "Personal effects" does not include tools, jewelry, money or securities. 13. AIRBAG COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag, 14. LEASE GAP A. SECTION III — PHYSICAL DAMAGE COVERAGE — LIMIT OF INSURANCE is amended by adding the following: The most we will pay for a "total loss" in any one "accident" is the greater of the: Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, 16 -59f (05104) 06/30/2012 1060077 Includes copyrighted material of Insurance services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 3 of 5 NTCODBMG806 INSURED COPY PGDM060D J02209 AC3FPPN 00001043 Page 39 e. Final payment due under a "Balloon Loan ", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered .'auto ", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination, of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", i. Any amount representing taxes, j. Loan or lease termination fees, or, 2. The actual cash value of the damaged or stolen property as of the time of the "loss ". B. ADDITIONAL CONDITIONS This coverage applies only to the original loan or lease written on a covered "auto ". C. SECTION V — DEFINITIONS is changed by adding the following: As used in this endorsement: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 15. GLASS REPAIR — WAIVER OF DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following to D. DEDUCTIBLE: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS A. This provision 17. changes only those coverages where a limit and premium is shown in the Declarations. B. CHANGES IN LIABILITY COVERAGE: Any "auto" you do not own, hire or borrow is a covered "auto" for Liability Coverage while being used by any of your "executive officers ", except: Any "auto" owned by that "executive officer" or a member of that person's household, or Any "auto' used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos ". C. CHANGES IN AUTO MEDICAL PAYMENTS AND UNINSURED MOTORISTS AND UNDERINSURED MOTORISTS COVERAGE The following is added to WHO IS AN INSURED: Any individual "insured" and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you do not own except: Any "auto" owned by that individual or by any "family member ". D. CHANGES IN PHYSICAL DAMAGE COVERAGE: Any private passenger type "auto" you do not own, hire or borrow is a covered "auto" while in the care, custody or control of any of your "executive officers" except: Any "auto" owned by that individual or by any member of his or her household. Any "auto" owned by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos ". Includes copyrighted material of Insurance Services office, Inc. with its permission. Copyright, Insurance Services office, Inc., 1997 16 -59f (05104) Page 4 of 5 0613012012 1060077 NTCODBMG806 INSURED COPY PGDM060D J02209 AC3FPPN 0!]001044 Page 40 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Ttis etnois� 3tAappofithe Injotmathe insurance provided by the policy because Texas 1s pie have he ri ht to recover our payments from anyone liable for an injury covered by Is o1 c e w 11 not enforce our right 9 inst the erso�1 or organization nerved i e S�h ie. gut this waiver applies only wjjA respect �o bodil in ur arising out a7 oaetsowaive cfrondus� the Schedule where you are required 9y a wrtten contract to This endorseme t thAll not operate directly or indirectly to. benefit anyone not named in tie c edule. The premium for this endorsement is shown in the Schedule. Schedule 1. €) Specific Waiver Name of person or organization: (X) Blanket Waiver Any erson or or a ixxation for whom the Named Insured has agreed by written contract to Turn s�i Lh9s waiver.. 2. Operations: UNDERGROUND UTILITIES CONTRACTOR 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with ark perfvled for the above person(s) or organiiation(s} arising out of the operations described. 4. Advanced Premium Endors men gg ffePIPELI 12lOiVI,2 Policy No. SRZ023274 -12 End. No. OS Insure: URK ctive NE SERVICES, LLC Insurance Company; Service Lloyds Ins. Co. Countersigned by 23274 2005 WC 42 03 04 A Forming a part of .Policy Number: GL 1060076 Coverage Is Provided In AMERICA FIRST INSURANCE COMPANY -. A STOCK COMPANY Named Insured: Agent: CLARK PIPELINE SERVICES, LLC DONEGAN INSURANCE AGENCY INC Agent Code: 4282016 Agent Phone: (830)- 303 -8300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replacing such Conditions is amended by the following: A. if we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name or Person or Organization: City of Corpus Christi / 2. Mailing Address: P.O. Box 9277 ,Corpus Christi, TX 78649 -9277 / 3. Number Days Advance Notice: 30 f All other terms and conditions of this policy remain unchanged. @2010 Liberty Mutual Insurance Company, All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. 17 -490 (70110) INSURED COPY 1060076 NTCODCL0008 PGDM0600 J22430 AC3HPPN 00000213 Page 7 Forming a part of Policy Number: BA 1060077 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: CLARK PIPELINE SERVICES, LLC DONEGAN INSURANCE AGENCY INC Agent Code: 4282016 Agent Phone: (830)- 303 -8300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,/ AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replacing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name or Person or Organization: City of Corpus Christi 2. Mailing Address: P.O. Box 9277 j Corpus Christi, TX 78469 -9277 3. Number Days Advance Notice: 30 V% All other terms and conditions of this policy remain unchanged. © 2010 Liberty Mutual Insurance company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. 17 -490 (10/10) INSURED COPY 06/30/2012 1060077 NTCODCL0008 PGDM060D J22430 AC3HPPN 00000223 Page 7 WORRBRS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE •POLICY TEXAS NOTICE OF NATERIAL CHANGE ENWRSEMM 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: CERTIFICATE HOLDER AS REQUIRED BY CONTRACT ThIs endorsement changes the policy to which it is attached and ' effective on the date issued unless otherwise stated. s Endorsement Effective: 12/07/12 Policy No. SRZD23274 -12 End. No. 04 Insured: CLARK PIPELINE SERVICES, LLC Carrier Code: 21075 Insurance Company: Service Lloyds Ins. Co. Countersigned by NC 42 05 fll Effective July 1, 1984 23274 ZD 4 E. ADDITIONAL DEFINITIONS: As used in this endorsement: "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document, and that person's spouse, while a resident of the same household. "Family member" means a person related to an "executive officer" by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. F. The insurance provided under this provision 17. will be: Equal to the broadest of those coverages afforded any covered "auto ", and Excess over any other collectible insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION 1V — BUSINESS AUTO CONDITIONS is amended by adding the following: If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery, and we have the right to collect additional premium for same. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR "LOSS" SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is amended by adding the following: You must give us notice of an "accident ", claim, "suit" or "loss" only when it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership, 3. A member, if you are a limited liability company, or 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 19. BODILY INJURY REDEFINED Under SECTION V — DEFINITIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 20. EXTENDED CANCELLATION CONDITION The COMMON POLICY CONDITIONS — CANCELLATION provision applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision 20. does not apply in those states which require more than 60 days prior notice of cancellation. 16 -59f (05104) 0613012012 1060077 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 5 of 5 NTCODBMG806 INSURED COPY PGDfUl060D J02209 AC3FPPN 00001045 page 41