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C2013-149 - 4/23/2013 - Approved
2013-1491 4/23/13 Ord. 029'798 J. Carroll Weaver Inc. S P E C -1 Al P R O M S 14 0 N s 'I S P E C .1 F .11 C A T 1 0 N 4 F OR N -S O F CON `T R A C T S & B 0 N D S Foy I siml M- I STREET . REHABILITATION December, 2012. PREPARED FOR: OF City of , Corpus eiwrsw•i�i*irsYSSiser !ltN� . a . J.DOUGLAS MCMU�k Ate J 1 - Christ - � pisa gloss .a•ir.►sM 49NM now= 99 .. j Phone. 361/880-3500 •,�, i Pax., .361/880-3501 Alk &A I UK. i ENGINEERING Firm No, 145 2725 Swantner CORPUS CHRIST fiX 78404 (361) 854-3101 . FAX (361) 854-6001 U.E.JOR NO. 37167.82400 . PROJECT N0: B12053 i [�E) SING NO. STR E 60 SALUKI STREET REHABILITATION Project No. B22053 Table of Contents NO'T'ICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March, 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (ReVioed. 7/5140) worker' s Compensation Coverage For Building or Construction Projects For Government Entities SECTION A - SPECIAL PROVISIONS A-1 Time and Place of` Receiving Proposals/pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description. of Project A-4 Method of Award - A-5 items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals = A-9 Acknowledgment of Addenda, A-14 Wage Rates (Revised 7/5/40) A-11 Cooperation with Public Agencies (Revised 7/5/001 A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials 7 Field__ofi ft (1+OT USED) .A-18 schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A 21 Pite j eet 61"s (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98). (NOT USED) A-24 Surety Bonds .Fr--s25 Sales__Tax E.e......tie ATE] LOWER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A 27 for- Damage Glaims (NOT USED) A.-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration staff A-30 Amended °Consideration of Contract" Requirements A-31 Amended Pal.icy on Fvtra f avk and Change oz6ders A,-32 Amended "Execution of Contract" Requireitents A-33 Conditions of Work A-34 Precedence of contract Documents A--36 tither Submittals (Revised 9/ia/oo) A-37 Amended "Arrangement and Charge for Water Fuxnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A. 99 Gerztifieate of Gevapaney and Flnal e (NOT USER) A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory 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 PISP9S.al Of Highly W&t8ff (7= GG)— (NOT USED) (NoT uSED) I A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions A--51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A-54 Security A-55 Access Roads A-56 Parking A-57 Amended Prosecution and Progress A-58 poise Control A-59 Dust Control. SUBMITTAL TRANSMITTAL FOM4 ~ TECHNICAL SPECIAL pMVTSIONS PART R - GENERAL PROVISIONS PAX-tT C - FEDERAL VMGE RAGS ANA REQUIRBaENTS PART S - STANDARD 3PLCIFIfiATIONs 025802 - Temporary Traffic Controls During Construction 028300 - Fences Relocation 055420 - Frames, Grates, Rings and Covers (5--57) PART T - TECHNICAL SPECIFICATIONS W.. T1--E20 - Storm Water Pollution Prevention T2--A3 _ Clearing, Grubbing and Stripping T2-A4 [j] - Removing Existing Concrete and Structures T2-B1 - Site Grading T2-82 - Structural. Excavation and Baekfil.l T2--B5[5] . - Street and Parking Lot Excavation and Backfill. T2-Bl4 [l] - Geotechnical Investigation T2-F5[31 - Concrete Inlets T2-H1[6] W- Flexible Base (Limestone) T2-H3 [3] - Cement Stabilized Base Course (Existing Base Course) T2-H6 [l] - Prime Coat T2-H11 m- Hot. Mix-Tot Laid Asphaltic Concrete Pavement T2-HI4 [l] - Concrete Curb & Gutter and Concrete Valley Gutter T2-H16[l] - Concrete Sidewalk and Concrete Driveways T2-H27 [2] - Geogrid Reinforcement T2 7J4 [2] - Hydromulch Seeding T3-A - Concrete Formwork T3-B - Reinforcing Steel T3-C1 - Normal Weight Aggregate Concrete T3-C4 - Concrete Structures - LIST OF DRAWINGS APPENDIX A - GROTECMgICAL REPORT NOTICE AGRE NT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BON? NOTICE TO BIDDERS i ri NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SALUKI STREET REHABILITATION PROJECT NO. E12053, consists of the rehabilitation of approximately 710 LF of a 31 FT wide City Street including 1530 LF of concrete curb and gutter, asphalt concrete pavement, limestone base, concrete driveways and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m, on Wednesday, January 30, 2013 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wednesday, January 23, 2013 beginning at 10:00 a.m. The pre-bid meeting will convene at _Department of Engineering Services, Main Conference Room, 3"d Floor, City Hall, 1201 Leopard St. , Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. 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, 000.60 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional (-$10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the — City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS A NOTICE TO CONTRACTORS. - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of insurance indicating proof of coverage in the following amounts is required- TYPE OF INSURANCE MINIKM INSURANCE COURAGE 30-flay Notice of cancellation required on Bodily Injury and Property Damage - all certificates PER OCCURRENCE / AGGREGALTE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability - T. 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 II OF THIS EXHIBIT EMPLOYERS' LIABILTTY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILI'T'Y/ $2,000,000 COM13INED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental REQUIRED discharge; to include long--term NOT REQUIRED impact for the disposal of contaminants BUILDERS' RISC See Section B-6-11 and Supplemental. Insurance Requirements El REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements _..._ El REQUIRED NOT REQUIRED 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. 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 charge on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should you have any questions riegarding insurance requirements, please contact the Contract ,Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS R NOTICE TO CONTRACTORS - B WORKER " S COMPENSATION INSURJWCE REQUIREMENTS Page 1 of 11 Texas Admim6trative Code T11;TLE 2828 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS`COMPENSATION CIDER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPIIOXER N(MCES RULE§110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a)The following words and terms,when used its this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terns not defined in this rule shall have the meaning defined in the Texas Labor Cade,if so defined. (1) Certificate of coverage(certificate)--A copy of certificate of insurance,a.certificate of authority to self-insure issued by the commission,or a workers'compensation coverage agreement(1`WCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees(including those subject to a coverage agreement)providing services on a project,for the duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Cade, §406.096(e)(1). (3)Contractor—A person bidding for or awarded a building or construction project by a governmental entity. (4)Coverage--Workers'compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5)Coverage agreement--A written agreement on farm.TWCC-81,form TWCC-82, form T CC-83,or form TWCC-84,filed with the Texas Workers'Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers'Compensation Act,pursuant to the Texas Labor Cade,Chapter 406, Subchapters F and 0, as one of employerlernployee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6).Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. ( )Persons providing services on the project("subcontractor" in§406.096 of the Act)—With the exception of persons excluded under subsections(h) and(i)of this section,includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.This includes but is not limited to independent contractors,subcontractors,leasing companies,motor carriers, owner-operators,employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing,hauling,or delivering equipment or materials, or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the project,such as food/beverage'vendors,office supply deliveries,and delivery of portable toilets. (8)Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers'compensation coverage,that the coverage is based on proper reporting of classification codes and payroll amounts,and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self ixtsured,with the cornmission's Division of Self-Insurance Regulation.Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties,civil penalties, or other civil actions. (c)A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications,all the provisions of paragraph(7)of this subsection,using the language required by paragraph(7)of this subsection, (2)as part of the contract,using the language required by paragraph(7)of'this subsection, require the contractor to perform as required in subsection.(d)of this section; (3)obtain from the contractor a certificate of coverage for each person providing services on the project,prior to that person beginning work on the,project, (4)obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period,if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project, and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose cunt certificate shows that the coverage period ends during the duration of the project; (5)retain certificates of coverage on file for the duration of the project and for three years thereafter; (f)provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law,and (7)use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes,except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation:Attached Graphic Page 3 of 11 (d)A contractor shall: (1)provide coverage for its employees providing services on a project,.for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4)obtain from each parson providing services on a project,and provide to the governmental entity: (A)a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B)no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (d)ratify the govern rental entity in writing by certified mail or personal delivery,within ten days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population.The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes:Attached Graphic (g)contractually require each person with whom it contracts to provide services out 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; 03)provide a certificate of coverage to the contractor prior to that person beginning work on - the project; (C) include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 (D)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person with whom it contracts,and provide to the contractor: (i)a certificate of coverage,prior to the other person beginning work on the project;and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (p)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and (H)contractually require each other person with whom it contracts,to perform as required by subparagraphs(A)-(H) of this paragraph,with the certificate of coverage to he provided to the - person for whom they are providing services. (e)A person providing services on a project,other than a contractor,shall: (I)provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3)have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage,the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers"compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self instired,with the commission's Division of Self-Insurance Regulation.Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties,civil penalties,or other civil actions." (4)provide the person for whom it is providing services on the project,prior to the end of the coverage period shown on its current certificate of coverage:, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5)obtain from each person providing services on a project under contract to it;and provide as required by its contract: (A)a certificate of coverage,prior to the other person beginning work on the project;and ,__-- (B)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of l l (6)retain,all required certificates of coverage on file for the duration of the project and for one year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery,of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change;and (8)contractually require each ether person with whom it contracts to; (A)provide coverage based on proper reporting of classification cedes and payroll mounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (I3)provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph(3)of this subsection; (D)provide,prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person under contract to it to provide services on the project, and provide as required by its contract- (i)a certificate of coverage,prier to the other person beginning work on the project;and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (H)contractually require each person with whom it contracts,to perform as required by this subparagraph and subparagraph(A)-(G)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f)If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect ether provisions or applications of this rule that can be given effect without the invalid provision or application,and to this end the provisions of this rule are declared to he severable. (g)This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994.This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of 1 I (h)The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes,Article 6675c,to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to'Texas Civil Statutes, Article 6675c, §40). (i)The coverage requirement in this rule does not apply to sole proprietors,partners,and corporate officers when meet the requirements of the Act, §406.097(c),and who are explicitly excluded from coverage in accordance with the Act, §406.047(a)(as added by House Bill.1089, 74th Legislature, 1995, §1.2€1).This subsection applies only to sole proprietors,partners,and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery,or renewed on or after January 1, 1996. Source Note; The provisions of this §110.110 adapted to be effective September 1, 1994, 19 TexReg 5715;amended to be effective November 6, 1995,20 TexReg 8609 Page 7 of 1 I 1285110.110(d)(7) "REQI}IREI3 WORRY CO PENSW7ION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by ulorkers'corrmpensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity,of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3759 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 .ry-, T28SI 10.110(c)(7) Article Workers'Compensation Insurance Coverage. A Definitions: Certificate of coverage ("certificate';?-A copy of a certificate of insurance, a certificate of authority to set insure issued by the commission, or as coverage agreement(MCC-81, TWCC- __. 8Z, 7 CC-83, or TWCC=84), showing,statutory workers'compensation insurance coverage for the persona's or entity's employees providing services on a project,for the duration of the project, Duration of the project-includes the throe from the beginning of the work on the project until the contractor's1person's work on the project has been completed and accepted by the governmental entity. -- Persons providing services on the project("subcontractor"in§406.096) -includes all persons or entities performing all or part of the,services the contractor has undertaken to perform on the project, regardless of whether that persona contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a prtoject "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. A The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts nand filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. - D. I,f'the coverage period shown on the contractor's current certificate of coverage emits Airing the duration of the project, the contractor roust,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain°from each person providing services on a project, andprovide to the governmental entity: . (1) a certaf icate of coverage,prior to that persona beginning work on the project, so the governmental entity will have on f`rte certificates of cover-age showing coverage for all persons providing services on the project, and (2)no later than seven days,after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. Tlae contractor shall retain all required certicates of coverage for the duration of the project and for one year thereafter. G The contractor shall notes the governmental entity in writing by certied mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project: H. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verffy coverage and report lack of coverage. 1 The contractor shall contractually require each person with whom it contracts to provide services an a project, to: (1)provide coverage, based on proper reporting of cdassiftcation codes and payroll amounts and Ming of any coverage agreements, which meets the statutory requirements of f Texas Labor Code, Section 401,011(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees o,f'the person providing services on the project,for the durations of the project, (3)provide the contractor,prior to the end of file coverage period, a new certificate of coverage showing extension of coverage, if the coverage period drown on the current cent fcate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a)a certificate of coverage,prior to the other person beginning work on the project, and (b)a new certificate of coverage showing extension of coverage,prior to the end of the coverage .period if the coverage period shown on the current certificate of coverage ends during the duration of the project, (S) retain all required certificates of coverage on f le far the duration of the j proect and for one year thereafter, (b)notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any persona providing services on the project;and (T) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the persona for whom they are providing services J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees cif the contractor who will provide services on the project.will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be fried with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self Page 10 of 11 Insurance Regulati6m Providingfalse or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K .The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental enthtV to declare the contract void if the contractor does not remedy the breach within ten days after receipt of Mice of breach from the governmental entity. Page 11 of 11 SECTION SPECK PROVISIONS SBCT3;ON A - SPECIA€, PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Rid Meets 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 -Y Secretary, located on the first floor of City Hall, 1201 Leopard Strut, until 2.e00 .p_.m.•..,..Wednes4ay, aanuary° 30, 2013 . Proposals mailed should be addressed in the following mater. City Secretary's Office City of Corpus Christi 1201 Leopard Street . Corpus Christi, Texas 78401 ATTN. BID PROPOSAL - SAMMI S'TR3MT RMASILITATION PROJECT NO. B12053 An 12r22osals not physically in pooaassion of _the_City_-Secretary's Office at the time and date of bid openizq will be deemed, late and, nonresponsive. Late pr orals will be returned unopened to the pr22oser. The proposer is solely reyppnoible for delivery to the City Secareta 's Office. Delivery, of sal, b the r poser, their a ent/r aresentative, U.S. bail, or other AtIly2rZ service, to an City Address or office other than the City, Secre°ta 's tlff'ice will be deemed non- reMousive if not in possession of the City Secret 's Office prior to the date and time of bid opening. A pre-bid meeting will be held on Wednesday, January 23, 2013 beginning at 10:€30 a.m. The page-bid meeting will convenes at the artmen of gg ineeri Services main conference Room, Third Floor, Cit Hall, 1201 Leopard Street, Corpus Christi, TX. and will he conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. Tf requested, a site visit will follow the meeYt,incy. No additional or separate visitations will be conducted b the Cit A-2 Definitions and Abbreviations Section B-1 of the General. Provisions will govern. A-3 Description of Project, This project consists of the rehabilitation. of .approximately 710 LF of a 31 FT wide City Street including 1,530 LF of concrete curb and gutter, asphalt concrete pavement, limestone base and concrete driveways and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents - A-4 Method of Award The bids will be evaluated based ©n the following order of priority, subject to the availability of funds: 1. 'festal Base Biel or 2. Total, Alternate Bid The City reserves the right to reject any or a7.1 bids, to waive irregularities and to accept the bid which, in the Clay's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 9/1s/oo) page 1 of 27 Explanation of Measurement and Payment Base Salvage Existing Base and HMAC 1. Bonds & Insurance: This item will be measured as a lump suns and shall .include the bonds and insurance required by the Contract Documents. One hundred percent of this item will be due on the first approved monthly pay estimate. Contractor shall provide document to stow cost incurred. 2. Mobilization: 'phis item will be measured as a lump sum. Fifty percent of this item may be requested on-the first approved monthly pay estimate and the remainder will be due on the final estimate when all work has been completed. 3. Salvage Existing Base and IBC: Mhis item shall be measured by the square yard. This item shall include all work required for this item as described on the drawings and specifications to construct the improvements, and not measured under another bid item, complete in place, as outlined in the plans and contract documents. 4. 8" Cement Stabilize Salvaged Base: This item shall be measured by the square yard and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. -.- 5. 3" HMAC Pavement (Incl. Prime Coat) : This item shall be measured by the square yard of finished pavement and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 6. Remove and Replace Concrete Curb and Gutter: This item shall be measured by the linear foot of curb and gutter removed and reinstalled. This item shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. Curb and gutter shall be measured along the center line. Gutter transitions at inlets shall be measured as standard curb and gutter. _- Lay dawn curb for driveways will be measured as curb and gutter. 7. Water Valve Box Adjustment: This item shall be measured as each water valve box adjusted and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. S. Remove and Replace Concrete Driveways and Parkin Areas: This item shall be measured by the square foot of completed driveway and shall include all labor, materials and equipment (incl. saw cutting) required to complete this part of the project as identified in the plans and specifications. 9. Seems. This item shall be measured by the square yard seeded, fertilized, watered and maintained through establishment of grass cover and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 10. Traffic Control: This item shall be measured by lump sum. This item includes, but is not limited to the following: a. All equipment needed for proper traffic control including barrels, cores and signage. b. Applications and fees to City Traffic Department for road closure permits. _ c. Permitting and coordination. Section A - SP (Revised 9118/00) Page 2 of 27 Reinstall Existing Fence: 11. Remove and. - This item will be measured by the linear foot of fence removed and reinstalled to facilitate construction of the proposed improvements, and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 12. Re lace ToE of Existin Storm Sewer Inlet: This item will be measured by each storm sewer inlet that is replaced to complete this part of the project as identified in the plans and _ specifications. 13. Remove and Reinstall Existing Mailboxes: This item shall be measured by Lump sum to remove and reinstall existing mailboxes as necessary and shall include all labor, material, and equipment to complete this part of the project. 14. Remove and Reinstall Existing Traffic Signs- This item shall be measured by lump sum and shall include all labor, material, and equipment required to complete this part of the project. 15. Mandatory Utility allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 16. Items Not Listed_.on the Proposal.: Items of work not listed on the Proposal. Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their _ cost should be included in the appropriate bid item, any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. Explanation of Measurement and Pa ent Alternate Bid - Full Depth Reconstruction 1. Bonds & Insurances - This item will be measured as a lump sum and shall include the bonds and .insurance required by the Contract Documents. one hundred percent of this .item will be due can the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. 2. Mobilization: .._......... . This item will be measured as a lump stun. Fifty percent of this item may be requested on the first approved monthly pay estimate and the remainder will be - due on the .final estimate when all work has been completed. 3. Street Excavation: This item shall be measured by the square yard. This item shall include - existing removal of curl: and gutter and all work required for this item as described on the drawings and specifications to construct the improvements, and not measured under another bid item, complete in place, as outlined in the plans and contract documents. 4. 6" Co acted Scab ra This item shall be measured by the square bard and shall include all labor, materials and equipment required to complete this part of the project as _ identified in the plans and specifications. This. item includes watering, compaction and maintaining compaction prior to placement of the base course, _ Section A - SP (Revised 9119100) Page 3 of 27 5. 6" Limestone Flexible Base under Curb and Gutter to 1--Ft behind Curb and Gutter: This item shall be measured by the square yard of finished 6" Limestone Base and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 6. 10" Limestone Flexible Base: This item shall be measured by the square yard of finished base course of the -. thickness shown on the plans and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications 7. Tensar Gen rid TX150: This item shall be measured by the square yard properly installed and accepted by the inspector and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 8. 3" fNAC Pavement (Incl. Prime Coat) : This item shall be measured by the square yard of finished pavement and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 9. Concrete Curb and Gutter: _ This item shall be measured by the linear foot of completed curb and gutter and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. Curb and gutter shall be measured along the center line. Gutter transitions at inlets shall be measured as standard curb and gutter. Lay down curb for driveways will be measured as curb and gutter. 10. Water Valve Box Ad'ustment: This item shall be measured as each water valve box adjusted and shall include all labor, materials and equipment. (incl. saw cutting) required to complete this part of the project as identified in the plans and specifications. 11. Remove and Replace Concrete Driveways and Parking Areas: This item shall be measured by the square foot of completed driveway and shall include all labor, materials and equipment {incl. saw cutting) required, to complete this part of the project as identified in the plans and _ specifications. 12. See ._ This item shall be measured by the square yard seeded, fertilized, watered and maintained through establishment of grass cover and shall include all labor, materials and equipment required to complete this part of the project as identified in the plans and specifications. 13. 'Traffic Control: This item shall be measured by lump sum. This item includes, but is not limited to the following: a. All equipment needed for proper traffic control including barrels, canes and signage. b. Applications and fees to City Traffic Department for road closure permits. c. Permitting and coordination.. 14. This itemtwill cb construction ina knee: _ Reinstall Exi measure by the linear foot of fence- removed and reinstalled of the proposed improvements, and shall include all labor, materials and equipment. required to complete this part of the project as identified in the plans and specifications. _ Section A - SP (Revise. 9/18/00) Page 4 of 27 15. Replace. Top of Existing Storm Sewer Inset: This item will be measured by each storm sewer inlet that is replaced to complete this part of the project as identified in the plans and specifications. 16. Remove and Reinstall Existing Mailboxes: This item shall be measured by lump sum to remove and reinstall existing mailboxes as necessary and shall include all labor, material, and equipment to complete this part of the project. 17. Remove and Reinstall Existing Traffic Signs: This item shall be measured by lump sum and shall include all .labor, material, and equipment required to complete this part of the project. 18. Mandatory Uta.lity__ llowance: Contractor shall insert the figure noted in his bid proposal. This item shall _. be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 19. Items Not listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. . Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to be Submitted with Pr sal. - The following items are re ired to be submitted with the proposal_: 1. 5% Bid Band (Must reference Saluki. Street Rehabilitation Pro"eot Aio.E1205 as identified in the Proposal) (A Cashier's Check, certified check, none5r order or bank draft from any State or Nationatl. Bank will also be acceptable.) 2. Disclosure of Interests Statement --. A-6. tion/Liquidated......_.__Time of..Cr� sle ,..Damages The working time for completion of the Project will be 90 Calendar The Contractor shall commence work within ter, (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Hays Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather ,Service at the Power Street Storm Mater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that T there was an impact detrimental to the construction schedule. January 3 Days May 4 gays September 7 Days February 3 Days .Tune 4 Days October 4 Days March 2 Days July 3 Days November 3.Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 90 Calendar -- Ray, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as Section A - SP (Revi.ged 9/18/00) Page 5 of 27 described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per Calendar Day will be assessed against the Contractor as liquidated damages. Said Liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 Workers Compensation Insurance Coverage If the Contractors workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers'. compensation insurance coverage must not perform any work on the Project. - Furthermore, for each calendar day including and after the effective date of termination; or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement - workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not.expired. in accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation .insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-$ Faxed Psmosals 'Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B--2 of the General. Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non--receipt. Since addenda can have significant impact on the proposal, failure to acknowledge - receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wa(le Rates (Revised 7/5/00) Labor preference and wage rates for higAway highway and hea construction shall apply. when conflict in wage rates, the higher of the rates shall prevail. Mini-mum Prevailing Wa!ae Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any Section A SP #Revised 9/18/00) . Page 6 of 27 subcontractor must not pay Less than tha specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such persona is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. ' The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper farm and content of the payroll, submittals. ) One and one--half times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B--7-6, working fours.) A-11....Cooperativn with Public �geneies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1-800-344-8377, the Done Star Notification Company at 1-800-659-8344, and the Vori.zon Dig Alert at 1-800--483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826--3500 Project. Engineer 826-3500 Consultant - Urban Engineering Doug McMullan, P.E. 854-3101 Traffic Engineer 826-3540 Police Department 886-2600 Water Department 826-1881. (826-1888 after hours) Wastewater Department 825-1840 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) Storm Water Department 826-1875 (826-3140 after hours) Parks & recreation Department 826-3461 Streets & Solid waste Services 826-1940 - AEP 1-877/373--4858 SBC / A T & T 881- 2511 (1-800-824-4424, after hours) Signal/Fiber Optic Locate 826--1946 826--3547 Cablevision 857--5000 (857--5060 after hours) ACSI (Fiber Optic) 887--9200 (Pager 804-724-3624 CenturyTel< 225/214-1169 (225/229-3202 (M) ChoiceCorft (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935--0958 (mobile) Brooks Fiber optic (MAN) 972/753-4355 A-12 Maintenance of services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from _..._ as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the aaura and co 1.eteness of such imformstion is not ffua=anteed. 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 Section A - SP (aevlued 9/18 1OO) Page 7 of 27 work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary posing to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid.must not be pumped, bailed or flamed 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 around surface. It is also the Contractor's responsibility to snake all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control. Sufficient traffic control measures roust be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction.. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's uniform Barricading Standards and .Practices as adopted by the City_ Copies of this document are ^.. available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. paynen-- eill 3 - do ;6eGentr_aeteE. A-14 Construction Eq!jjpment SpillAgrip,._and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, ~ if necessary, to prevent material free€€ washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Exaavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt. Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, calicher' asphalt, concrete and any other material that detracts from. its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. Section A - SP (Revised 9/18/00) Page 8 o€ 27 All necessary removals including but not limited to piper driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation'"; therefore, no direct payment will be made to Contractor. A-16 Dis osal/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 is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field €ff ice (NW USED) . . he fu Pished w-Ith aft �ipeliRed table that ffiea-�-es..-at least 30K �� 6911 and twe (2) - A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work, plan based on calendar days. _.- This plan must detail the schedule of work and mast be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must also indicate the schedule of the following work items: i. 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 nark day of each week. 3. Submittal. Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5 Once a Month Update- Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at .such times and seasons in such order or precedence, and in such wanner as shall be the most conducive to economy of construction, subject to the following conditions: a.. The schedule of construction shall be structured to meet all requirements of Section A--6 "Time of .Completion" and as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owmer is having other work dune, either by contract or by their yawn force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will Y be avoided and the construction .of various works being done .for the Owner will be harmonized. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc., that are normally required to construct a project of this nature. _ Major controls and cane (1) bench mark are provided in the plans. Preleet layezat lay= will --, Seataon 8 - SP (Revised 9x'18/0€3) Page 9 ct 27 The Contractor will furnish all lines, slopes and measurements for control of the work. ^ s point -ids tke- by eE Gensulta . Pr-ajeet-EfgineeE 44 pees -beech-- s- aF aged as-a-a5 lf, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall. obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the Opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall ,provide supporting measurements as required for _ the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both -existing and proposed, for the purpose of adjusting valves and manholes at the completion of the _. paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliancekwith the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor (R.,P.L.S.) licensed in the State of Texas retained and paid by the Contractor. The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies skull be noted by the third party surveyor and certify compliance to any regulatory permits. Followin2 is the minimum schedule of documentation required: ~ Streets: • All curb returns at point of tan encylpoant_..of circference • Curb and qutter flow line - both sides of street on a 200'interval • Street: crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes • All intersectiag intersecting lines in manholes Water, • valve bones All tap of„...,....,.,._._.._. • Valve vaults rich of Storm Water: • All rim/invert elevations at manholes • Al_l intersecting lines in manholes - �=- A-20 Testi and Certification All tests required under this item Must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. section A - S8 (Revised 9/18/00) Page 10 of 21 MINIMUM SCHEDULE OF TESTING BY THE CITY: 1. Salvaged Base Material Laboratory Testing: (1) Gradation . . . . . . . . . . . . . . . . . . .. . 2 Ea. (2) Moisture-Density Relationship (I per Material 2 Ea. Type) (3) In-Place Density Vests (1 per 200 LF, Each 16 Ea. Lane/Lift) 2. Concrete Laboratory Testing: (1) Concrete Cylinder (1 set is 3 cylinders) . . . . 3-5 sets 3. Sj�ade._Preparation, Embankment and Backfill (Alternate Bid) Laboratory Testing: (1) Moisture-Density Relationship (Proctor Curve) (1 per material Type) . . . . . 2 Ea. (2) In-Place Density Tests (1 per 206 LF, Each S Ea. Lane/Lift) 4. Flexible Base Course (Alternate }aid) Laboratory Testing: (l) Moisture-Density Relationship (Proctor Curve) (1 per material Type) . . . . . . . 2 Ea. (2) In-Place ?density Tests (1 per 200 LF, Each 16 Ea. Lane/Lift) 5. Hot Mix Laid Asphaltic Concrete Pavement Laboratory `besting: (1) Extraction Test (1 per Project) . . . . . . . . . . . . . 1 Ea. (2) Stability and Laboratory Density (1 per Project) I Ea. (3). Field Density {I per Lane) .. . . . . . . . . ... . . . . . 2 Ea. SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, ih the general manner indicated in the Specifications. Engineer shall determine the exact.ti.me, location, and nmnber of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firth's Laboratory will be made by City. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personae, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer: or an independent testing firm or - inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for - the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of Section A - SP (Revised 9/18/(70) Page 11 of 27 their duties. The inspection organization will submit a written report to Engineer, with a cagy to Contractor, at least once each ;.reek. The Contractor must provide all applicable certifications to the Engineer Consultant. A-21_..Project Signs, (NOT USSb)eeie€�-8 of theater- �i - QsntaFaeteff The lee the f-4=eld -by the Negi er-Gene�1��3� A-22 Mi nor.i /minors Sassiness Sri rise Per tica i ion Pali (Revised 10/98) 1. It is the policy of the City of Corpus Christi that maxinas= 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 W- herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, associations or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any ccination of the foregoing under contract with a prime contractor on a City contract. G. Minority Business Enterprise: A business enterprise that is owned and .controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority persona (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) . tc) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). - 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . -- Section A - 8£+ (Revised 9/18/0D) Page 12 of 27 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case maybe, 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. Ninyrity: See definition under Minority Business Enterprise;. e. Female owned Business Enterprise: ,A sole proprietorships that is awned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. 'Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member -- of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in -- 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms fbr the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) PartAc Ipation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved - change orders. The hours of minority employment Faust 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. Coin fiance 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. Section A - S? (Revig�--d 9/18/40) Page 13 of 27 _,_........x--29 Ins FB...ct_. i-,on Rag2jred (Revised 7/5/GO) (NOT USED) , e-- e sal .. �srh - , aft& all ether- Gity -fees, !:fte!UdA:R9 meter- fees and tap fees as required by Gity. A-24 Surety Bonds Paragraph two (2' of Section E-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 percezzt(10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the ,State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (1€ %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is _ certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100r000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above .requirements. The insurer or reinsurer must be _.- listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales 11 ax Exemption (NOT USED) _.... r -fellowing v ... h - ! - a-Rd Use Tames unless the ! , P--eblie Aeeeu is of Te i. Obtain theme e-se�-y seizes tam . !!ldentA;fy in the appEepriate slaaee an the Iet-e"'"three. it e - FE E?-5-substantia-te the prepesai value 9.5 �eCtiozl A - $P Revised 9/1$/00) Page 14 of 27 A.--26 P22plemental Insurance Regu3aements __. For each insurance coverage provided in accordance with Section B-6 .11 of the Contract, the Contractor shall, obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 11 Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: F.D. 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 are 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 S- 6--11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City; its agents, servants, and employees, and each of them against and hold it and there 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 cut 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 Responsibllit for Aaana� claims (NEST UrSSV) T - -e_ t. -- Section A - SP (Reprised 9/18/00) Page 15 of 27 A-28 Considerations for Contract AWatrd and Kxacutton r To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to sward, the City Engineer may require a binder to provide documentation concerning: I. 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 ashy the claim has not been plaid, and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) Years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities.. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least fire (5) years recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience rust include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-put procedures. The superintendent shall be present, on the job site, at all times that work is bel.nq perfo.rrcaed» 2. Foreman, if utilized, shall have at least five (a) years recent experience an similar work and be subordinate to the superintendent. — Foreman cannot act as superintendent without ripr written a roval frpm the Cif Documentation concerning hese g requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the terra, 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 tenor of the Contract, such a failure constitutes a basis to annul. the Contract pursuant to section B-7-13_ Section A T 5P (Revised 9118/00) Page 16 of 27 A-30 Amended "Consideration of Contract" Recluirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3--1 Consideration of Contract add the following test: Within .fire (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 oompone-at of the work; 4 A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of NIKE firms that will participate in the Contract, along with a description of the work and dollar mount for each firm; and substantiation, either through appropriate certifications by federal agencies ' or signed affidavits from the MEE firms, that such MBE firsts meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an M E. If the responses do not clearly show that MIKE participation will meet the requirements alcove, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been rude 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 term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. . Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work.. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; S. Documentation required pursuant to the Special. Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following laic( opening, submit in letter fo , information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnerships, and names) and Title is) of individual(s) authorized to execute contracts on behalf of said entity. Section A - sP (Revised 9/18/00) Page 17 at 27 A-31 Amended PoliSy on Extras Work and aap a Orders ~ Under "General Provisions and Requirements for Municipal. Construction Contracts" R- S-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the followings Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council.. A-32 Amended "Execution of Contract¢" Ft icements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a Contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the -- Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor-is reminded to attend the Pre-Bid Mira referred to in $ alai 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, ASTIR! specifications, etc., the precedence will. be given to addenda,. Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 Ci Water Facilities. "vial Requirements (NOT USED) - Safety QiF-:�entatlen _Y the Department r and whe desire to per-fern aft5�--- Section A - SP (Revised 9/18/00) Page 18 of 27 The GeRtLmcteE $hall net F 7 or- stop any pump, aster-, veA&M, seraipment, switeh, breaker, contool, ow &W other Item related to Gltmy } reassembly, r s r lubLmleantsF gaskets, Z Z be used enless they eanfewm owith AM;Fv4NW Standard 61 and imiess sueb 1 91 Handling and Dispe0al-Of Tresh r ' at the water f-ae!442ty e -PLmsvieie Own CT. All GsntEaeteE vehieles must be pavked at designated 7 labeled With Water- desizgnated 1 uuE1 rq Section A - SP (Revised 9/LB/00) . Page 19 of 27 253 !1Fi.T CST�Tf\ATl SGADA i debugginej, lie -is r-egelar-ly engaged la the eamputer ba5eej me-jj:4�erlag an s. r pr9jeets— gel'- at lea-- lie empleys p Ft this 41V9; at-4 ZZe eempatea=e, F r 4®L---tl2e GeRtFaet. ---- fa.ii'ty within h ., Inn -m-iles-ef--the--"gej e-at .elte to maintaii$,L-e iti�-, He shall ful-a�isli equipfaeat Is the efte • be :10ee �. .a waft 5� a G'entL--aeter- er- subeE3#'3`eL°c"ket9 -p3_e jeaa_s to the emi5tlng-Gity SGA&A systm.Atteehed dto _ } r-aei43,es te-bed to The EefttraeteE A,-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follows the procedure outlined below when processing Shop Drawing submittals: a. Quantity, Contractor shall submit. number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector Section A - SP (Revised 9/18/00) Page 20 of 27 and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, et.c. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal, Transmittal. Forms: Contractor shall use the Submittal Transmittal .Form attached at the end of this Section: and sequentially .number each transmittal form. R.esubmittals must have the original — submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail aumber(s) , and specification. Section number, as appropriate, on each submittal form, d. Contractor's Stamp: Contractor crust 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 Cite Engineer for approval., and coordinate the submission of related items. f. harking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or systevi limitations which may be detrimental to successful performance of the completed work. h. Space Requiremen ts: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubsmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous -- submittal. j. Distribution. Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with Provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval, Otherwise, the related ecruijDment will not be.,approved for use on the project. A-37 Amended "Arranilament and Char a for Water pu.rnishad by the City,, Under "General Provisions and Requirements for W�nicipal Construction Contracts.", B- 6--15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor .must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "flan") . This includes implementing water conservation Treasures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at Section A - SP (R-Seised 9/18/00) Page 21 of 27 the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Cnm satlon Covers a for Building or Construction Px-o'ects for Government Entities es The requirements of "Notice to contractors '3""` are incorporated by reference in this Special. Provision. A-39 Certificate of Occupancy and Final Aoaeptancse (NOT t38ED) The lesuanee-e# a eer-tiflea•e-ef--se e,._ A-40 Amendment to Section B-0-6: Partial Estimates General. Provisions and Requirements for Municipal Construction Contracts Section S- 8--6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not .include the net invoice value of acceptable, non--perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer,. that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day the Gentraeter iAll be eempensated at A-42 OSHA Rules & ReMLiati ins 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 j cabs. A-43 Amended Indemnification & Hold Sarml,ess 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, mate7rialman, 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, materialma.n, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and - agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit 'prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials Section A � 3P (Revised 913,8/OD) Page 22 of 27 and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/04) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish. Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final . drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (9) Horizontal and vertical dixwmsions of existing utilities affected, crossed or found during the oonstruotion. -A-46 Disposal of .Highly„Chlorinated water (7/5/00) (NM USED) d�6e4!Rfeetlea and line flushing in aa appEe-,Fed, Winer-:—Centa .rants 4:e the jfater-r the ContraeteEls ehlarri-.1ated waterz vsarili net isav 41 - - A-47 Pre-Construction E*plqratoEy Excavations ('715100) (NOT t7SBD) .w .. all sermvey the e�Eaet �T •r• ea - � Via^•i.�rsxs -�7 r�r. �-a.cs.., .•.s ....a,. - ---- ....1 t e t ....._._.. ._......,.. ...,......�........ .-... ........ ..a...�.,�Tiy-tea•ally . nom.. i been made in the awea Of the Phase a. -- egge�-t (us separate pay) fer- Section A, (Revised 9/18/€30) Page 23 of 27 A-418 overhead Elect=!Cal Wirea (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. - Contractor shall coordinate his work with AEP/GP&L and inform CEP/CP&L of has construction schedule with .regard to said overhead Lines. Some overhead lines are shown in the construction plants, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or :mot. A-49 Amended "Maintenance Guaranty" (B/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", S- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of.Corpus christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Technical. §Eeclal Provisions _._. The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils I.f, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of _- contamination, then the Contractor shall comply Frith the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material., the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated -- levels of contamination may be utilized as backfill for excavations, up to 2411 from. the surface of the finished grade. It will be the contractor's responsibility to incorporate as much as possible of the contaminated material into the hackfill. Clean material with mio indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations skull also conform to the trench embedment section shown on the construction drawings. 2. On-Site Stockpiles: Excess material from excavation, whether non-contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean-soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas small be the responsibility of the Contractor. 3. Disposal of Excess Non-Contaminated Soil: The balance of any non-contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the contractor at the designated - disposal site. Section R - SP (Revised 9/16/00) Page 24 of 21 4. Disposal of Contaminated Soil: All costs associated with excavating: contaminated soil, transporting contaminated soil:, landfill disposal fees, constructing and maintaining a stockpile in the required maaaer, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA 'Training. Contractor shall be responsible for providing proper OSHA - hazardous waste: training that is required for construction personnel working in contaminated areas. A-52 Fends All existing fences affected by the work shall be maintained by Contractor until, completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner _. of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction, easemenet, adequate gates shall be installed. Gates shall. be kept closed and locked at all times when not in use. On completion of the work across any tract of .land, Contractor shall restore all fences to their original or to a better condition and to their original Locations. :sue shall be ne separate payment--fey—re�a��� replaeement Ear r ep ai r'-s t e existing LEeftees. - Public Private Propert�r A-53 Protect7.Q� O� Ptlh�.�,. --- _ _ _ _ Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected -- by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wares, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition., whether within, or outside - the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation: shall be employed as necessary to prevent injury to trees. Trees .left standing shall, be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Stork or any part or site thereof, whether by him or his subcontractors. Contractor shall make satisfactory and acceptable: arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall'_ be kepi free from obstruction and available for use at all tires. A-54 Security Contractor shall be responsible for protection of the.site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser,' and Contractor shall make good all damage to Owner's property .resulting from his failure to provide security measures as specified. Section A - SP (Revised 9/18/DO) Page 25 of 27 Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-55 Aecess Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. YA-56 Pad&ixxg Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection - with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public trafffiCr Owner's operatioms, or construction activities. A-57 Amended Pros utlon and Erogress _. Under "General Provisions and Requirements for Municipal Construction Contracts", B- 7 prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly }oasis. if funds, for any reason., are not appropriated in any given year, the City may direct suspension or termination of the contract. if the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobili.zation costs. Such crests shall be addressed through a charge order to the contract. A-58 Noise Control. Contractor shall take reasonable measures to avoid, unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. — A-59 Dust Conitrol, Contractor shall take reasonable measures to prevent unnecessary dust. Earth -- surfaces subject to dusting shall be kept moist with mater or by application of a. chemical dust suppressant. When practicable, duster materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be arithheld if this provision is not followed. Section A - SP (Revised 9118/40) Page 26 of 27 SUMITTAL TRANSMTTAL FORM PROJECT: Saluki Street Rehabilitation Project No. E12053 OWNER: Ci. of CoMLis Christi. ENGINEER: Urban E€s ipa CONTRACTOR: SUM4ITTAL DATE: SUBMITTAL NUMBER: A'PPLICAWA SPECIFICATION OR DRAWING SU MITTAL Section 025802 Traffic Control Plan Section 055420 � MH Ring & Cover Sactioa T2-F5 MH Rind & Cover Section T2-H6 Psis Coat Section fi2-x#211 Mix Desi Section T2-H27 Geogrid Section T3-C1 Mix Design --- Section A - 8P (Revised 9/18/00) Park 27 .of 27 AGREEMENT THE STATE.OF TEXAS § COUNTY OF NUECES § W THIS AGREEMENT is entered into this 23rd day of ._April 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 J. Carroll_Weaver, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $192,479.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SALUKI STREET REHABILITATION PROJECT NO. E'12053 (TOTAL BASE BID: $192,479.50) 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-6-99 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 (1 d) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. - Page 2 of 3 Rev. Jun-2010 - ATTEST: CITY OF CORPUS CHRISTI City Secretary V Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation APPR k%JED AS LEGAL FORM: By: By:Asst. Attorney Daniel Biles, P.E. Director of Engineering Services CONTRACTOR ATTEST: (If Corporation) J. Carroll Weaver. Inc. (Seal Below) Barbara Greenwood Asst. Secretary C_I' ]am es C. Weaver, Jr. Title: President (Note: If Person signing for corporation is not President, P.O. BOX 1361 attach copy of authorization (Address) to sign)' SINTON TX 7$3$7-1361 '�,ihllllilffl/ , '.P4pLL W zRL �re 3611364-1569e)361/364-4729 (Phone) (Fax) �C Ivy IL -12. -- .T SEVK'>,ARY Page 3 of 3 Rev. Jun-2010 s P R Q P a S A L F O R M F 0 R SALUKI STREET REHABILITATION Project No . E12053 DEPARTMENT OF ENGINEERING SERVICES CITY W' CORPUS CHRISTI, TEXAS PROPOSAL EYDEW _ PFsGE 1 OF 1G W PROPOSAL Place: Date: January 30, 2013 Proposal of J. CARROLL WEAVER INC. , a Corporation organized and existing under the laws of the State of TEXAS 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: SALUXI STREET REHABILITATION PROJECT NO. E12053 at the locutions set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit : PROP03ALFORM PAGE 2 OF 10 SALIOXT S'l.!RSZT REIULBILITATION PROJ=T NO. B12053 BASE BID x II III IV V AID QTY & UNIT PRIG BID ITEtd EXTZH8X0N ITEM uNiT DISC RIPTIGN IN FIGS iSZTX � I]NIT PRICE Its FIGMS) A. SAtVAGE EXISTING BASE AND HWAC (BASE BID) Bonds/Insurance, Complete in � LS Place per LS Od po L t�DD• $ COO: A-2 1 Mobilization, Complete in oa 00 LS Place per LS tj 2 5 '` $ 2 S 7. A--3 2,30 Salvage existing Base and # ¢n r� 09 SY HMAC, Complete in Place per SY �y $ / p P , A-4 2,810 8" Cement Stabilize Salvaged op 1� I SY Base, Complete in Place per SY 7 $ f Z A-5 2,300 3" HMAC Pavement (Incl. Prime ao SY Coat) , Complete in Place per 239 $ f Qom• _._ SY A-5 1,530 Remove, and Replace. Concrete LF Curb and Gutter, Complete in Place per LF OP A-7 2 Eater Valve Box Adjustment, EA Complete is Plaice per EA A-8 3,190 Remove and Replace Concrete SF Driveways and Parking Areas, $ Complete in Place per SF A-5 270 Seeding, Complete in, Place per ° 2,r SY SY �. $ • op A•-10 1 Traffic Control, Complete in �rpo• � �? � LS Place per LS PROPOSAL FOA14 PAGE 3 OF IO SALUKI STREET REEABILITATION PROJECT NO. B12053 BASS BIB? J 4TY & UNIT PRICE BID ITEM E�NSION UNIT DESCRIPTION N F FIGURES (12TY & UNIT PRICE IN .FxGMS) A-11 770 Remove and Reinstall Existing LF Fence, Complete in Place per __ --- LF ao A-12 2 Replace Top of Existing Stork: EA Seger Inlet, Complete in Place f. $ per EA A-13 1 remove and Reinstall Existing LS Mailboxes, Complete in Place Tf _ r LS Remove and Reinstall Existing pp A-14 LS Traffic Signs, Complete in $ Place per LS A-15 1 Mandatory Utility allowance, L5 Complete in dace per L5 $10,000.00 $ 10,000.00 TOTAL BASS SID r, 4-7 (Items A-'1 - .A,-15) NOTE: The above unit prices gust include: all .labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional. 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate ouantities. PROPOSAL FOBX PAGE 4 OF 10 SALUKI STRUT REMMILITATION PROJECT NO. 912053 ALTERNATE BID Z II III IV V Ertl QTY UNIT BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES [QTY & UNIT PRICE IN FIGURES) x3. b"ULL DEPTH RECONSTRUCTION (1LTERN&TE BID) B-1 1 Bonds/Insurance, Complete iny ►� LS Place per LS �-- - B•-2 1 Mobilization, Complete in LS Place per LS B-3 2,810 Street Excavation, Complete in 75` SY Place per SY /'2 J7 B-4 2,810 5,. Compacted Subgrade, SY Complete in Place per SY B-5 510 6" Limestone Flexible Base �$��, SY under Crib and Gutter to 1--Ft behind Curb & Cutter. Complete in Place per SY 1 B-6 2,300 10" Limestone Flexibile Base, g ' �.� 00 SY Complete in Place per SY �.�[ .__ $ 8-7 2,810 Tensar Geogrid TX160, Complete SY in Place per SY DO �$ B-S 2,300 3" HMAC Pavement (Intl. Prime SY Coat), Complete in Place per $� SY B-9 -,530 Concrete Curb and Gutter, LF Complete in Place per LF �e � cc b 00 8-10 2 eater Valve Box Adjustment, 8 r� Er? Complete in Place per FA PROPOSAL FORM - PzAGC 5 OF 10 SALUXI STR8ET REVABILITATION PRO"CT NO. 912053 ,ALTMATH BITS I FM --r. IV V UNIT PRICE BID =EK EXfiENSION 2 DESCRIPTION IN FIGURES (QTY & 1=.r PRzM : FIGURES) gyp Ob B-11. 3,190 Remove and Replace Concrete � � p 5F Driveways and Parking Areas, I Complete in Place per SF B-12 270 Seeding, Complete in Place per !� 14,"s ' � SY S'Y _ B--13 1 Traffic Control, Complete in �J 00 s Ito , LS Place per LS _ B-14 770 Remove and Reinstall Existing LF Fence, Complete in Place per LF B-15 2 Replace Top of Existing Storm � ��J�'�i0 � � �!a e� BA. Sewer Inlet, Complete in Place � w per EA 5-16 1 Remove and Reinstall Existing � $ � ��Q•�-, LS Mail Boxes, Complete in Place _ pA ��• per LS B-17 1 Remove and Reinstall. Existing coo LS Traffic Signs, Complete in _ �° $_ 5oo. Place per LS B-18 I Mandatory Utility Allowance, LS Complete in Place per LS . 10,000.00 $ 10,000.00 TOTAL ALTERNATE BID $ � d" � f 76 (Its B_1 - B-1$) NOTE. The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc to cover the finiSYjed work of the several kinds called for and the Owner reserves. the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include as additional as in some cases, and may vary from the final quantities. Do not order material biased on these •`_ aMroximate quantities. - PROPOSAL FORM PACE 6 OF 10 SALUKI STREET REHABILITATION PROJECT NO. 912053 NOM The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the .right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities, Do not order material based on these approximate quantities. SALUXT STREET REHAEILITA TION PROJECT NO. 212053 BID SUMARY - � � ° TOTAL BASE BID (Items — 4- 7 z�� $ _ oA . TS $ass Mems B-1 - B-1e) $ - ' 77 , Sa PROPOSAL FORM The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minoari.ty/Minority usir,ess Enterprise Participation: The apparent low bidder --- shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents- The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Ccupletion: The undersigned agrees to complete the work within 90. Calendar Days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract doctnnents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the fgillawi.ng addenda is acknowledged (addenda number) : _ 0 A ���• j' Respectfully submitted: OLL W4 Name: I Carroll Weaver Inc BY �- (SEA]! - If BIDDER IS (SIGNATURE) James C. We r, Jr. Corporation) Address : PO Box 1361 J.211 W. Welder (P . O. Box) (Street) �'`•,° ON,.i,� Sinton Texas 7$387-1361 (city) (state) (Zip) Telephone : 361-364-1569 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. -- (Revised August 2000) PROPOSAL FORK! PAGE 8 OF 10 P E R F O R M A N C E BO N D - STATE OF TEXAS § BOND No. 19 62 848 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: -_.. That J. Carroll Weaver, Inc. of the City of Simon , County of San eatriclo , and State of Texas , as principal ("Principal"), and THE HANOVER INSURANCE COMPANY --- -- a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of ONE _ HUNDRED NINETY-TRIO THOUSAND FOUR HUNDRED SEVENTY-NINE AND 501100 U.S. Dollars ($ 192,479.50 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, _. bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract With the City of Corpus Christi (OWNER), dated the 23RD_ of APRIL , 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: SALUKI STREET REHAMLITATION PROJECT NO. E12053 (TOTAL BASE BID-: $192,479.50) _ 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-lay.Principal to.be observed and performed,.and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal.-shall repair and/or replace all defects due to faulty materials and/or workrrianship 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 effeot. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed an this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and an 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 1ST day of _ MAY _ j2013. -- PRINCIPAL SURETY J. CARROLL WEAVER,INC. THE HANO INS CE PANY By: �--_ By: .lames C. Weaver, Jr, tar y-in-f ct KERRY MCINTOSH T' Title: President wE4i ATTEST: �t fit : Secretary Sharon Weaver Address: PO BOX 1361 Address: Pb BOX' 870 SINI`CN, TX 78387-1351 CORPUS CHRISTI, TX 78403-0870 Telephone: 361-883-172-1 Fax: 361-844-0101 E-Mail: kmcintosh @s-gins.com (Rev. Date May 2011) Performance Bond Page 2 of 3 N Name: BANDAL M. LEE Agency. SWANTNER & GORDON INSURANCE AGENCY Address: 500 NORTH SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI IX 78401_-0361 (City) (State) (zip) Telephone: 361-883-1711 E-Mail: rmlgs-g-in,s.cam Dote; Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note. Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3.of 3 PAYMENT BOND STATE OF TEXAS § BOND loo.. 1962848 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: That J. Carroll Weaver, Inc. of the City of Sinton , County of Sara 'Patricio and State of Texas as principal („Principal"), and THE HANOVER ZNQURANCE COMPANY a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, wormers, laborers, mechanics and suppliers as their interests may appear, all of wham shall have a right to sue upon this bond in the penal sum of ONE HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED SEVENTY-NINE AND 501100 U.S. Dollars ($_192,479.50 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, }ointly — 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 23RD day of APRIL, 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: SALUKI STREET REHABILITATION PROJECT NO. EIL2053 (TOTAL BASE MD. $192R9.60) Blow, therefore, the condition of this obligation is such, that if said .Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., _. accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2}11) 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 stall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered acrd on whom service of process may be had in matters arising out of such suretyship, as provided'by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the IST day of MAY 2013. PRINCIPAL SURETY J. CARROLL WEAVER, INC. THE HANOVER INSURANCE COMPANY B - i James C. Weaver, Jr. . ttorry�r-in- t KERRY MCINTOSH Title: President f/ ATTEST: C") Secretary Sharon Weav-e-F. r Address: PC ROX 1361 Address: PO Box 870 SINTON TX 78387-1361 CORPUS CHRISTI, TX 78403-0870 Telephone: 361-883-1711 '- Fax: 361-844-0101 E`Ma[l: kmcintosh @s-gins.com Rev. Date May 2011 Payment Bond fame 2 of 3 �' nm;�. 'gffinWP W Name: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE AGENCY AddresS: _500 NORTH SHORELINE ELV_D. , SUITE 1200 (Physical Street Address) CORPUS CHRIS'T'I TX 78401-0361 _. (City) (State) (Zip) Telephone: 361-883-1711 E-flail: rml @s-gins.com Dote: 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 most be attached hereto. Note: Date of Payment Bond must not be prior to date of contract, END Rev. Date May 2011 Payment Bond Page 3 of 3 _ THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA M POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steve Addkison,Tam!J.Duncan,R.M.Lee,Mary Ellen Moore,Cathleen Hayles,Danielle Harris and/or Kerry McIntosh of Corpus Christi,TX and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its W act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds, recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. 'W These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: `RESOLVED,Thatthe President or any Vice President,in conjunction with any Vice President,beard they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,reeognizances, ---- contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 3rd day of April 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY C'T2 NS SURANCE OMPANY OF AMERICA t3EAi -- Ebert TE, txias Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. t, i Presi�erF ia On this 3rd day of April 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Say Insurance Company and Citizens — Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. M,IIARIA�R.GRill1CK Noy PubE1C GummM.11Uassathuseira CMssi6nExpi559�sl.2S,2L'IS Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect- This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respectthereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as!fall signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 1ST day of MAY 201. THE HANOVER INSURANCE COMPANY CSI l;tM Ht SETT CE I IiA CE COMPANY OF AMERICA J. h I ete,Vice nt Hanover Insurance Grouper IMPORTANT NOTICE AV1SO IMPORTANTE To obtain information or make a Para obtener information o para someter complaint: una queja: You may call Hanover Insurance Usted puede llamar al numbero de Company's toll-free telephone number telefono gratis de Hanover Insurance for information or to make a complaint at: Company para informacion or para someter una queja al: 1-80a-608-8141 1-800-608-8141 You may also write: Hanover Insurance Company Usted tambien puede escribir: Premier Place Hanover Insurance Company Suite 850 Premier Place 5910 North Central Expressway Suite 850 Dallas,Texas 75206 5910 North Central Expressway Daflas,Texas 75206 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or Puede communicarse con el complaints at Departamento de Seguros de Texas para obtener informacion acerca de 1-800-.252-3439 companias, coberturas, derechos o quejas al You may write the Texas Department of i-800-252-3435 Insurance at: P.O. Box 149104 Austin,TX 78714-9104 Puede escribir . al Departamento de FAX#(512)475-1771 Seguros de Texas Web: httn:j/Nvww.tdi.state.tx.us P.O. Box 149104 Email: Austin,Texas 78714-9104 ConsumerPro tection @tdi.state.tx.us FAX#(512)475-1771 Web: http:/1www.td1.state.tx.us PREMIUM OR CLAIM DISPUTES: Email: Should you have a dispute concerning ConsumerProtection @tdi.state.tx.us your premium or about a claim you DISPUTAS SOBRE PRIMAS 0 should contact the agent or the company first. If the dispute is not resolved, you RECLAMOS: Si tiene una disputa may contact the Texas Department of concerniente a su prima o a un reciamo, Insurance. debe comunicarse con el agente o la compania primero. Si no se resuelve la ATTACH THIS NOTICE TO YOUR disputa, puede entonces comunicarse POLICY: This notice is for information con el departamento(TDI). only and does not become a part or condition of the attached document. UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de information y n se convierte en pane o condition del documento adjunto. 221-4828 (7-07) ,nSUPPLIER _ CITY OF CORPUS CHRISTI .�.= DISCLOSURE OF INTERESTS q of - Ch= City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA" See reverse side for definitions. COMPANY NAME: J. Carroll Weaver Inc. P.O. BOX: PO Box 1361 - . STREET ADDRESS: 211 West Welder CITY: Sinton ZIP: 78387-1361 , FIRM 1S: 1. Corporation ® 2.Partnership ❑ 1 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 .lob Title and City Department(if known) N/A 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 N/A 3. State the names of each"board member"of the City of Carpus Christi having an`ownership interest" constituting 3%or more of the ownership in the above nosed"firm". Name Board,Commission or Committee N/A 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 NIA PROPOSALFORM PAGE 9 OF 101 1 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof;you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent.The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that l 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 Pefgemi,. . .lames C.Weaver,Jr. Title: President Wi..,tWorPrint) Signaof Certifying Pere at January 30,2013 (.`o $ DEFINITIONS% .w r a. "Board member."A member of any board, commission, or committee appointed by the City ---- Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm."Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas, f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. 'Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements," g. "Consultant-" Any person or firm, such as engineers and architects, hired by the City Of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE 10 OF 10 o Y J�CARWC,1 OP ID: BRNI CERTIFICATE OF LIABILITY INSURANCE DAA`MM�D",�"' 05109113 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 Swantner&Gordon Ins Agcy-VI HONe........�IlCOIe Brummett Fax A Higginbotham Company tru_c,No,Fitt:361-573-9151 1wc�N. _361-573-1616 3902 John Stockbauer Suite A E-MAIL Victoria,TX 77904 ADDRESS: nbrummett@s-gins.com - -- _.. Leroy Ryza _ _ INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A:Liberty Mutual Fire Ins Go 23035 INSURED J Carroll Weaver,Inc. Employers Ins Co of Wausau PO Box 1361 INSURER B: Y1458 Texas Mutual insurance co,Sinton,TX 78387 INSURER C: 22945 Great American Insurance Ca INSURER D: 'x,16691 INSURER E ..........._---..,........ . ..- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS --- -- ...TYPE. INSURANCE - .. 7.... L. .................... ........... INS ADDL POL LTR ICYEFF POLICYNUMBER € MMIDDlYYYY MMlDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �YV2Z91448fi43023 i DANTAG�'rDRENTE[5..... ---..... ..`-- - ' CLAIMS-MADE X IABlLtTY 'I 0310711$ 03/01114 PREMISES(Ea occurrence) $ Not Covered .. MMERCIALGENERALL ------ ' CO t OCCUR / MED EXP(Any one person} $ Not Covered PE.R...S O..N-A--L-&--.AD..V....INJURY -$._.... _,__1,0_0 0,000 ..._. - -. . ..., _ GENERA_L_AGGREGATE $ 2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER, ( I - li PRODUCTS _COMPIOPAGG $ 2,000,000 -- POLICY; X ECT L $ - ........... AUTOMOBILE LIABILITY ANY AUTO I COMBINED SINGLELIMIT AS2zsiaaasa3fi13 ;i?acciaenty,.., . _ $.- / 1,000,000 03101113 03!07!1 i BODILY INJURY(Per person) $ A X ALL OWNED ;SCHEDULED ........_ _.......... ......... -. _... ........... AUTOS _ !AUTOS f BODILY INJURY(Per accldent) $ NON-OWNED -- - 3 : PROPERTY DAMAGE .... -- -....-.. H3REDAUT05 ;(Per accident]_-_- $ I AUTOS i _ �_.-, .... __ _......... EXCESS�IA9 i ! • OCCUR II `EACH OCCURRENCE $ / 2,oQ0,00 ...... yf ----- ---- B I X X CLAIMS-MADE; { '�THC291448643033 03/01113 I 031011114 AGGREGATE $ 2,000,000 I AND OED X j RETENTION$ 10,000: - - ...- -- ---- -- WORKERS COMPENSATION - - WC STATU 0TH $ EMPLOYERS'LIABILITY YIN I _X J TORY J_N -FS'!--"L' C ANY PROPRIETORIPARTNERIEXECU IVE TSF0001237005 03/01113 03101 4 E.L.EACH ACCIDENT $ 1,000 000 (Manila oryin NEREXCLUDED? N I A - -- ---- (yes,d ory in and I E.L.DISEASE-EA EMPLOYEE_$ /1,000,000 If yes,describe under � _.. _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT!$ ,7,000,000 D Contractors MACO25505807 03/41/13 € 03107174 ;500,000 Lease Equipment Rented DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if r re space is required) See attached notepad for additional coverage info rmatio . Project: Saluki Street Rehabilitation #912053 CERTIFICATE HOLDER CANCELLATION CICO-CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Engineering Services Attn: Contract Administrator AUTHORIZED REPRESENTATIVE PO Box 9277 Cor us Christi TX 78469-9277 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD JCARWC1 PAGE 2 NOTEPAD iNsuREDS NAmr: J Carroll Weaver, Inc. OP ID: BRNI DATE 05/09/13 General Liability: The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. Commercial General Liability Enhancement For Contractors LC 04 43 05 12. The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Commercial General Liability Enhancement For Contractors LC 04 43 05 12. The General Liability policy includes an endorsement providing that 30 days notice of cancellation wi11 be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice of Cancellation to Third Parties LIM 99 01 05 11. uto: The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. Designated Insured CA 20 48 02 99. The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Waiver of Transfer of Rights of Recovery Against Others To Us CA 04 44 03 10. The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice of Cancellation to Third Parties LIM 99 01 05 11. Workers Compensation: The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Texas Waiver of Our Right to Recover From Others Endorsement 420304A (Ed. 1-01-2000) . The Workers Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Texas Notice of Material Change Endorsement WC420601 (Ed. 1-94) . Policy Number YV2-Z91-448643-023 V Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULt Y. COMMERCIAL GENERAL LIABILITY ENHANCEIVENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: V COMMERCIAL GENERAL.LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You-Expanded Coverage Item 4. Bodily Injury To Co-Employees Item S. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments—Increased Limits Item 11. Property In Your Care,Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entitles Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees,Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured—Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability-Railroads Item 1. Reasonable Force Exclusion a. of Section I-Coverage A-Bodily Injury And Property Damage Liability is replaced by the following. a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "badly injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Mon-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section 1- Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: LC 04 43 0512 0 2012 Liberty Mutual Insurance.All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) Less than 55 feet long;and ' (b) Not being used to cant'persons or property fora charge; Item 3. Damage To Premises Rented To You-Expanded Coverage A. The final paragraph of 2. Exclusions of Section I-Coverage A- Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate funk of insurance applies to this coverage as described in Section III-Limits Of Insurance, B. Paragraph 6. of Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph S. 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 any one premises, while rented to you, or in the case of damage by fire,lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of- a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a.of the definition of'insured contract"in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I—Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1). (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or'subsequent damages resulting from such fire, lightning or explosion including water damage) 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 Pre to Rented To You as described 0 f e in Section III—Limas of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II-Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees" (other than either your "executive officers" (If you are an organization other than a partnership, joint venture or limited liability company) or your managers (i:f you are a limited liability company)) are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); LC 04 43 0512 @ 2092 Liberty Mutual Insurance.All rights reserved. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (3) To your members(if you are a limited liability company); or (4) To a co"employee" or"volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her Employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (ifyou are a limited liability company)) or"volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in"bodily injury": (1) To you; (2) To your partners or members (d you are a partnership or joint venture); (3) To your members(if you are a limited liability company); or (4) To a co-,"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business Cincluding participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious pen], provided the attempt is not recklessly made. However, none of these "employees' (including supervisory or management "employees) or "volunteer workers"are insureds forthe providing or failure to provide professional health care services. B. The insurance provided by this Item 4. will not apply if the injured person's sole remedy for such injury is provided under a workers'compensation law or any similar law. C. Otherinsurance The insurance provided by this item 4. is excess over any other valid and collectible insurance available to the insured, whether primary,excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraphs 2.a.(1)(a) and (d) of Section It-Who Is An Insured do not apply to "bodily injury" or"personal and advertising injury" arising out of the providing of or failure to provide professional health care services by any "employee" or"volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or"personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. With respect to "employees" and 'volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A -- Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B -- Personal And Advertising injury Liablky: This insurance does not apply to. (1) Liablty assumed under an "insured contract"or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest,fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 02012 Liberty Mutual Insurance.AU rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office. Inc.,with its permission. (5) Punitive or exemplary damages,fines or penalties. C. The following definition is added to Section V-Definitions: "Designated health care provider means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel D. Other Insurance The insurance provided by this Item 5, is excess over any other valid and collectible insurance available to the insured, whether primary,excess, contingent or on any other basis. Item 6. Knowledge:Of Occurrence Knowledge of an "occurrence" by your agent, servant or "employee" will not in itself constitute knowledge by you unless your"executive officer"or"employee" or other third party designated by you to notify us of"occurrences" has knowledge of the "occurrence". Item 7. Notice Of Occurrence For purposes of Paragraph 2.a.of Section IV-Conditions, you refers to an`executive officer" of the Named insured or to the"employee" designated by the insured to give us notice. Item 8. Unintentional Errors:And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Item 9. Bodily Injury Redefinition The definition of"bodily injury"in Section V-Definition is replaced by the following: "Bodily injury'means: a. Bodily injury, sickness or disease sustained by a person, including death resetting from any of these at arty time;and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments-Increased ILimits Paragraphs 1.b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following; b. Up to$3,000 for cost of bail bonds required because of accidents or traffic Iaw violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. tr do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the clam WWII:' including substantiated loss of earnings up to $500 a day because of tune off from work. LC 04 43 0512 . C@ 2012 Liberty Mutual Insurance.All rights reserved. Page 4 of 9 Includes copyrighted material of insurance Services Office, Inc., with its permission. Item 11. Property In Your Care,Custody Or Control A. Paragraphs (3) and (4) of exclusion j. of Section I--Coverage A— Bodily Injury and Property Damage Liability only apply to: 1. "Property damage"to borrowed equipment, or 2. "Property damage"to property in your care, custody and control while in transit. B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limb of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of insurance, the most we wll pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustani damage because of that"occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of"Mobile Equipment"in Section V--Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section II—Who Is An Insured is replaced by the following: 3. Any organization, other than a partnership or joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the arganizatiQn; (2) Separate coverage is purchased for the organization;or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization;and LC 0443 0512 02012 Liberty Mutual Insurance.All rights reserved. Page 5 of g Includes copyrighted materiel of Insurance Services Ofice, Inc.,with 0F0111 c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or fortned the organization, Item 34. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II-Who Is An Insured is amended to add the following: e. Additional Insured by Written Contractor Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organ¢ation(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). (2) Managers or Lessors of Premises:Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part,by some negligent acts or omissions of you, your"employees", your agents or your subcontractors. There is no coverage for the additional insured for liable arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured,except as provided below. if the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land;or (b)Any premises for which coverage is excluded by endorsement. (3) Nbrtgagees, Assignees or Receivers: Any person(s) or organizations) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for'bodly injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees', your agents, or your subcontractors, in the performance of your ongoing operations. .This insurance does not apply to "bodily injury% "Property damage", or 'personal and advertising injury" arising out of"your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and them only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your"employees",your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 ®2012 Liberty Mutual Insurance.All rights reserved. page S of 9 Includes copyrighted material of Insurance Services Office, Inc.,with is permission. v ' K if the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured small conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to "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, wraps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications: or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you,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. (6) Any Person or Organization Other Than a Joint Venture:Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for `bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of arose acting on your behalf: (a) In the performance of your ongoing operations: or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization;or 3. Any person or organization more specifically covered in Paragraphs e.(1)through(5) above, The insurance afforded to any person or organization as an insured underthis Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the wnRen agreement or written contract,but in no event exceeds eitherthe scope of coverage orthe limits of insurance provided by this policy; LC 04 43 0512 0 2012 Liberty Mutual Insurance.Al l rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Does not apply to any person or organization for any "bodily injury", "property damage"or "personal and addertisirig inj4rj-Jf'Any ftOr addiifluhal lfi—g' ed ridd�sement attached to this pblicyr applies o that'Rerson or organization with regard to the "bodily injury", "property damage"or"personal and advertising injury"; (3) Applies only if the "bodily injury"or"property damage"occurs, or offense giving rise to "personal and advertising injury"is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in.effect atthe time the "bodily injury"or 'property damage"occurs, or at the time the offense giving rise to the"personal and advertising injury"is committed. Item 15. Blanket Additional Insured—Grantors Of Permits Paragraph 2. of Section 11-Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However,this insurance does not apply to: 1 "Bodily injury% "property damage" or"personal and advertising injury" arising out of operations performed for the state,municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or"personal and advertising injury", unless negligently caused, in whole or in part,by you or those acting on your behal# Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section ry — Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or"your work'included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or"property damage" occurs, or offense giving rise to "personal and advertising injury"is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liabffity insurance on a primary, excess. contingent, or any other basis for any person or organization that qualifies as an additional insured on this policy,this policy will apply solely on the basis required by such written agreement and Paragraph 4.Other Insurance of Section IV—Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section N — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence",claim or'suit . Item 18. Contractual Liability—Railroads Paragraph 9. of Section V-Definitions is replaced by the following: 9. "Insured Contract"means: LC 04 43 05 12 0 2012 Liberty Mutual Insurance.All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by'fire to premises while rented to you or temporarily occupied by you with permission ofthe owneris notan `insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or"property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph(1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 0512 0 2012 Liberty Mutual Insurance.All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office. Inc.,with its permission. Policy Number:AS2-Z91-448643-013 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)1 Email Address or mailing Number Organization(s): address: Days Notice: Blanket as required by written 30 contract A_ If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 0 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER:AS2-Z91-448643-013 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY„ PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organizations(s): Any person or organization where the named insured has agreed by written contract executed prior to the date of the accident to waive right of recovery against such person or organization- Premium: $ rnci Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s)or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident"or the"loss" under a contract with that person or organization. CA 04 44 0310 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 T M ® WORKERS'COMPENSATION AND EMPLOYERS �� LIABILITY INSURANCE POLICY � lom1anY WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization E X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date or the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on J at 12:01 AM standard time,forms a part of Policy No. TSF-0001237005 20130301 of the Texas Mutual Insurance Company Issued to J CARROL L WEAVER INC Endorsement No. Premium$ // r Authorized Representative WC420304A JED.1-0 1-2000) INSURED'S COPY MEFOLKER 3-01-2013 General Liability Policy Policy Number YV2 Z91 40643-023 y/ Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE DART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL.LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person{s}1 Ismail Address or mailing address: Number Bays Notice: Or anization s Per Schedule on File with Cam any 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days,or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage: is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 0 2011 Liberty Mutual Group of Companies_All rights reserved. Page 1 of 1 Includes copyrighted material of insurance Services Office, Inc.,with its permission. Auto Policy Policy Number: AS2-Z91-448643-013 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. 15LEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following_ BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)I Email Address or mailing Number Organization(s): address: Days Notice; Blanket- as required by written 30 contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 CD 2011, Liberty Mutual Group of Companies. All rights reserved_ Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc_ with its permission. ® WORKERS' COMPENSATION AND EMPLOYERS TeXasmuami LIABILITY INSURANCE POLICY Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. . Schedule 1. Number of days advance notice: 30 / G. Notice will be mailed to: (� CITY OF CORPUS CHRIST] - DEPT OF ENG. PO BOX 9277 CORPUS CHRISTI , TX 78469-9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attachin clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on May 9, 2013 at 12:01 AM,standard time,forms a part of Policy No. TSF-0001237005. 20130301 of the Texas Mutual Insurance Company Issued to J CARROL L WEAVER INC Endorsement No. 4 Premium$ 0.00 1 ** Authorized Representative *" WC420601(ED.1-94) INSURED'S COPY WASENDRS 5-09-2013