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HomeMy WebLinkAboutC2013-261 - 8/27/2013 - Approved 2013-261 8/27/13 M2013-132 ighway Barricades & S CITY-WIDE STREET STRIPING AND PAVEMENT MARKING Project r Table of Contents NOTICE TO BIDDERS CRevised 7151 00) NOTICE (Revised May 2 ) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation ove a For Building or Construction Projects For Government Entities PART A- SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting -2 Definitions and Abbreviations A-3 Description of Project A4 Method of Award - A-5 Items to be submitted with Proposal A-b Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage -8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates(Revised 7/5M) A-1 t Cooperation with Public Agencies(Revised 715 ) _. A ] M i nth $ T USED) A-13 Area Access and Traffic Control A JA (NOT USED) c T USED) T USED) Field e NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification NOT USED A-22 Minority/Minority Business Enterprise Participation Policy(Revised 1 8) uir {3)NOT USED A-24 Surety Bonds pti NOT USE A-26 Supplemental ce Requirements A s bili ai NOT USED A-28 Considerations for Contract Award and Execution A-29 Con ctor's Field Administration Staff A-30 Amended"Consideration of Contract"Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended"Execution of Contract"Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-35 G'14-WakT-Faeilide&Speeia��NOT USED °®`°-36 s NOT USED "NOT USED A-38 orkees Compensation Coverage for Building or Construction Projects for Government Entities f -r--i T°USED) �. A-40 Amendment to Section B-8-6:Partial Estimates ��NOT USED 42 OSHA Rules&Regulations X5.43 Amended Indcranification&Hold a s(9/98) A44 Change Orders(4/26199) USED ena*e44V4&w+N5AM NOT USED NOT USED A48 Overhead Electrical Wires(7/5/00) A49 Amend"Maintenance u ty`(5/24 ) A-50 Term of Contract A-51 obiliz io amobili ion A-52 Amended Prosecution and Progress PART B- GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIRE IVIENTS PART D- WORK AUTHORIZATION FORM PART S ® Not PART T - TECIINICAL SPECIFICATIONS,DEPARTMENT MATERIAL w SPECIFICAJIONS,AND TEST PROCEDURES TS 672 - Reflectorized Pavement Markers T'S 677 m Eliminating Existing Pavement Markings and Markers TS 678 Pavement Surface Preparation for Markings TS 8020 Reflectodzed Profile Pavement Markings TS 5094- Mobile Retroreflectivity Data Collection for Pavement Markings TS 5251® Reflectorized Pavement Markings S 4200 Pavement Markers a ectoriz ) S 6100 Epoxies d Adhesives S 6130 Bitun"'nous Adhesive for Pavement Markers S 5200 Traffic Faint S 5220 Hot Applied Thermoplastic DMS 5290 Glass Traffic Beads T -825m -Determining functional Characteristics of Pavement Markings TEX-829-B-Measuring Pavement Tem tuc TEX-854-B Determining Thickness of Thermoplastic Stripe AGREEMENT PERFORMANCE BONI) PAYMENT BONI) N i L I ClE, TO I I D E R S NOTICE TO CONTRACTORS-A NOTICE TO CONTRACTORS-B NOTICE TO DIDDERS Scaled proposals,addressed to the City of Corpus Christi,Texas for: CITY-WIDE STREET STRIPING AND PAVEMENT MARKING (PROJECT 312) consists of furnishing and placing reflectorized pavement markings and raised pavement markers at various locations throughout the City under multiple work authorizations[indefinite delivery 1 indefinite quantity(1 1 )] for a period of one(1)calendar (12 calendar months),with the option to extend the Contract for up to two(2)additional one (1)calendar year terms, subject to the approval of the Contractor and the City. The minimum quantity of work ibr most authorizations will be 40,000 1.F of striping. 14owevcr, authorizations of less than 40,000 LF striping are anticipated three( )tithes per year, as indicated in the Proposal Form.Al work to be in accordance with the platys, specifications and contract doe ents; Will be received at die City Secretary's O ce until 2:00 P.M., an April 17,3013 and then publicly opened and read.Any bid received after the closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 A.M., on April 10,2013 and will be conducted by the City.The location of the meeting will be the Department of Engineering Services Main Conference Room, 'Third F r, Ity Hall,I20I Leopard Street,Corpus Christ,TX. bid bond in e amount of 5% of the highest amount bid must accompany each proposal. Failure to proVidO the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for comracts over$25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages.Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and 001100 dollars($50.00)as a guarantee of their return in good condition within two weeks oft the bid date. Documents can be obtained by trail upon receipt of an additional falfl.0 which is a non-refundable w.r postagethandling charge. Ile bidder is hereby notified that the owner has ascertained a wage rates which prevail in the locality in which this work is to be performed and that such wage scale is set out in the documents obtainable at the office of a City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of"laborer", "workman",or"mechanie,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,sec s most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI,TEXAS Isl Dan Biles,P.E. Director of Engineering Services Is/Armando Ch a City Secretary NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM COVERAGE 3 -Day Notice of Cancellation required n Bodily Injury and Property Damage all certificates PER OCCURRENCE AGGREGATE Commercial General Liability including® , $2,000,000 COMBINED SINGLE LIMIT 1. commercial Form 2. Praises - Operations ® Explosion and Collapse Hazard 4. Underground hazard 5m Products,/ Completed Operations Hazard a Contractual. Liability ?® Broad Form Property Damage S® 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' LIABILITY Y $ 00, 00 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental REOUIRED discharge; to include long-term environmental impact for the disposal of X NOT REQUIRED contaminants BUILDERSt RISC{ See Section B-6-11 and Supplemental Insurance Requirements r" REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED Page 1 of The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage® The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at M-3500. Page 2 of 2 NOTICE TO CONTRACTORS B WORKER' S COMPENSATION INSURANCE REQUIREMENTS u= Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERSTOMPENSATION CH"TER 110 RE QUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOY`ERNonCES RULE §110.110 Reporting Requirements for Building or Constimetion Projects for Governmental E ntities (a)The following or and terms,when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise.Terms not defined in this rule shall have the meaning defined in the Texas Labor Code,if so defined. (1) Certificate of coverage(ce rtificate)--A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission, or a workers'compensation coverage agreement CC-81,TWCC-82, TW CC-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 an a prcject, forte duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406,096(c)(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 or Code, §401.011(44). (5) Coverage agreement—A written agreement on form TWCC-8 1, form TWCC-82, form CC- 3, or form TW CC-84, filed with the Texas Workers'Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers'Compensation Act,pursuant to the Texas Labor Code,Chapter 406, Subchapters F and G,as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6)Duration of the r0i'ect--Includes the time from the beginning of or on the project until the work on the project has been completed and accepted byte governmental entity. (7)Persons providing services on the project("subcontractor" in§406,096 of the Act)—With the exception of persons excluded under subsections(h) and(i)of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the prcject,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 earn,ets,owner-operators,employees of any such entity,ore loyees of any entity furnishing persons to perform services an the project. Page 2 of I I "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation,or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. ( ) Project--Includes die provision of all services related to a building or construction contract fora governmental entity. ( )Providing or causing to be provided a certificate of coverage pursuant to this rule is representation by 'e insured that all employees of a 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 ca ier or,in the case of a s l&insured,with the commission's division o 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. (e)11 governmental entity that eaters 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; ( as part of the contract, using the language required by pa (7)of 's subsection, require the contractor to perform as required subsection( )of is section; (3)obtain from a contractor a certificate of coverage for each person providing services on e project,prior to that person beginning work on the project; ( )obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period, if the contractofs current certificate of coverage shows that the coverage period ends during the duration of the project;and o later than seven days after the expiration of a coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; ( )retain certificates of coverage on file for the duration of a project and for three years thereafter; ( )provide a copy of the certificates of coverage to the conmdssion 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 e specific document in which they are contained or to impose s `cter s r of c e tio : Attached Graphic Page 3 of I 1 (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 J coverage showing extension of coverage, if die coverage period shown on the contractoes current certificate of coverage ends during the duration of the project; > (4)obtain from each person providing services on a prcject, 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 a required certificates of coverage on file for die duration of the project and for one year thereaRer; (6)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the contractor knew ors oul ave 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,ands tiro 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 nornid 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 GEgphic (8)contractually require each person with who it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (c)(3) of this section- Page 4 of I I (D)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of very e., if the coverage period shown on the current certificate of coverage ends during the duration of a project; (E) obtain from each other person with whom it contracts, and provide to the contractor: i)a certificate coverage,prior to e 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 a coverage period, if the coverage period shown on a current certificate of coverage ends during the duration of the project; retain all required ceifi t o coverage n file for the duration of e project an for one year thereafter; (G)nod fy 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 y person providing services on a project; and ( contractually require each other person with whom it contracts, to perform required by subparagraphs ( )- of this paragraph,with a certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project, other than a contractor, shall: (1)provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; ( )provide a certificate of coverage as required its contract to provide services an the project, prior to beginning work on the project; ( )have the following language ' its contract to provide services on a project: "By signing is contract or providing or causing to be provided a certificate of coverage,the person signing is contract is representing to a governmental entity that all employees of a 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 he based on proper reporting of classification codes and payroll amounts, that all coverage agreements will be filed with e appropriate insurance carrier or, in a case of a self-insured ,with the commission's Division of Self-Insurance a lation. Providing false or misleading information may subject the contractor to administrative nalti , criminaI penalties,civil penalties, or other civil actions," ( )provide the person for whom it is providing services on the project,prior to the end of e coverage period shown on its current certificate of ve e,a new certificate showing extension of coverage, if the coverage period shown on a certificate of coverage ends during the dumtion of a project; (5) obtain from ch person providing services on project under contract to it,and provide as required by its contract: (A) a certificate of coverage,prior to the other person be ginni ng work on a project; and )prior to the end of the coverage period,a new certificate of coverage showing extension of e coverage period, if the coverage period shown on e current certificate of coverage ends during the duration of a project; Page 5 of 11 (6)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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 chap geland (8) contractually require each other person with whom it contracts to. (A)provide coverage based on proper reporting of classification codes and payroll amounts and fi I ing of any coverage agreements for all o f its employees provi in services on the prcj ect for the duration of the project; 03)provide a certificate of coverage to it prior to that other person beginning work on the prqject, (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 oft o 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 prcject, and provide as required by its contract: (i)a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration oft e contract; ®)retain all required certificates of coverage on file for the duration oft e project and for one year thereafter; (G)not 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 who it contracts,to perform as required by this subparagraph and sub pamgraphs(A)-(G)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f)If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g)This rule is applicable for building or construction.contracts advertised for bid by a governmental entity on or after September 1, 1994.This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of I I (h)The coverage requirement in this rule does not apply otor carriers who are require 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 o cers who meet the requirements of e Act, §406.097(c), and who arc explicitly excluded fro coverage in accordance with Act, §406.097(a)( s added by douse Bill 1089, 74th Legislature, 1 , §1.20). This subsection applies only to sole proprietors,partners, and corporate executive officers who are excluded from coverage in ins nee policy or ce 'fca te of authority to self-insure that is delivered,issued for delivery, or renewed on or after January 1, 1996. Source The provisions oft is §110.110 ado to to beeffective September 1, 1994, 19 TexReg 5715, amended to be effective November 6, 1995, 20 TexReg 86 Page of11 T28S 11 ®11 0(d)(7) "PX,QUtRED WORKERYCOMPENS,4TION COVERAGE" "Yhe law requires that each pet-son working on this site orproviding services related to this construction, ro ect must be covered by workers'compensalion insurance. This includes persons providing, hauling, or delivering equipment or materials, orproviding labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirementfor coverage, to verify whether your employer has provided the required coverage, or to report an employer'sfailure to provide coverage. Page 8 of 11 S 11 .11 (c)(7) Ar-ticle Workers'Compensation Insurance Coverage. A.Definitions: Certificate of coverage ("certifrcate'g-A copy of a Certificate of insurance, a certificate of authority to self-insane issued by the commission. or a coverage agreement CC- 1, TWCC- 82, C - , or CC- 4), showing statutory workerscompensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project--includes the time from the beginning o the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§4 6. ) -includes allpersons or entities petforining all or art of the servic the contractor leas aundertaken to perform on the project, regardless of whether that person contracted dlrectiv with the contractor and regardless o whether that person has employees. This includees, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity; oremployees any+entity which furnishes persons to provide services our the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such asfoodlbeverage vendors, oJfice supply deliveries, and delivery of portable toilets. B. 77;e contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)far all employees of the contractor providing services on the project,for the duration of the project. C. 7be Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ens during the duration of the project, the contractor must,prior to the end of the coverage perio file a new certificate o caves e with the governmental entity showing that coverage has been tended, E. The contractor shall obtain from each person providin services our a project, and provide to the governmental entity: (1) a certificate o covers e,prior to that person beginning work on the project, so the governmental entity will have on file certificates o caves e showing covers for all persons providing services on theroject; and (2)no later than seven days after receipt by the contractor, a new certi cate of coverage showing extension of covers e, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page of I I F. to contractor shall retain all required certificates ofcoveragefear the duration of the project an for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery. within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any pet-son 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 pei-sons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack ofcoverage. L 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 classification codes tout payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.OIJ(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the ctmtractoy-,prior to that person beginning work on the project, a cerlificateof coverage showing that coverage is being provided for all employees oaf thepersonproviding services on the project,for the duration of the project; (3)provide the contractor,prior to the end o the coverage period, a new certificate of coverage )f showing extension of coverage, ifthe coverage period shown on the current certificate of covey-age ends during the duration of the project, (4)obtain from each otherperson with whom it contracts, andprovide to the contractor: (a)a certificate ofcoverage,prior to the other person beginningwork on the project.-and (b)a new certylicate 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; (5) retain all required certificates of coverage on filar for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of arty change that materially affects the provision of coverage of any person providing services on the project, and (7)contractually require each pep-son with who it contracts, to perform as required by paragraphs(1)®(7), with the certificates-of coverage to be provided to the person for whore th ey are providing services. J By signing this contract or providing or causing to be provided a certifteate ofcover age. the contractor is representing tote governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'conipensation covert gefor the duration of the project, that the coverage will be based on properr ortin of classification codes and payroll amounts, and that all coverage agreements will be led with the appropriate insurance carrier on in the case ofa self-insured, with the commission's Division ofset Page 1 0 of 11 Insurance a latio . ProvidingJalse or misleading information may subject the contractor to administrative penalties; crinzinalpenaltia% civil penalties, or other®civil actions. K. Ae conrtractor's failure to comply with any of these provisions is a breach of contract by the contractor which entities the governmental entity to declare the contract void if the contractor does not remedy the breach within tent days a er receipt of notice of breachfrom the governmental entity. Page 1 111 PART Al, SPECIAL PROVISIONS CITY-WIDE ET STRIPING AM PAVEMENT MARKINGS PROJECT NO. 8312 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Pray /Pre- id a °n� Scaled proposals will be received, in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of city Hall, 1201 Leopard Street, until, 200 P.M. , on y h2ril 17r 201.3. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 A D PROPOSAL - CITY-WIDE STREET STRIPING PAVEMENT PROJECT No. 0 312 BERM ls rest p$nysically irn Possession of the City Secretary,s Office at d date of the b d o enin will be deeaad late and non-responsi�vea als wall be returned un®pened to the proposer The prcansiblo for deliver to the City Secretary's Office Dela,very of al b the ro oser, their a Brat/re resentativ2 U.S. Mail, or ery servrice to env City address or office other than the City ecre aryl s Office will be deemed non-E2p2onsive if not in the Possession of the City Secretary's Office prior to® the date and time of bid-opening. �d A pre-bid meeting is scheduled for 10®00 A.M. on ea ril 1 13 and will be conducted by the City® The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Co us Christi, R-2 Definitions and Abbreviations Section S-1 of the General Provisions will governs A-S Description of Pr2'9ect THE PROJECT consists of furnishing and placing reflectorized pavement markings and markers at various locations throughout the City under multiple work authorizations (indefinite delivery / indefinite quantity (IDIQ) j or a period of one (1) calendar year (12 calendar months), with the option to extend the contract for cup to two ( ) additional. one (1) calendar year terms, subject to the approval of the Contractor and the City. The minimum quantity of work for sanest authorizations will be 40,000 L€' of striping. However, authorizations of less than 40,000 i,P striping are anticipated three ( ) times per year, as indicated in the Proposal Form. All work to be in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funding® Actual award of contract will not exceed 5100,0001 within any one (1) calendar year period (12 calendar months per calendar year) e Individual Work section A 4 sp lRevixed 12'15/04) Page 1 of 25 Authorization(s) will be issued based upon unit pricing in the Bid Proposal Form. An economic adjustment will be negotiated at the conclusion of each calendar year period (12 calendar months per calendar year) ® Upon approval by the City Council, Contractor and Engineer, this contract may be renewable for up to (2) additional "(1) calendar year periods (12 calendar months per calendar year) . The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Pr osal The following items are required to be submitted with the proposal: 1. 5% Bid one (Must reference CITY-WIDE STREET STRIPING AND PAVEMENT MARKINGS Z PROJECT No. 8312 an identified in the Proposal) . _ (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. biaclosure of Interests Statement 3. Information and documentation required by it A-28, A-29 and A-30 of these Special Provisions. A-6 Time of The working time for completion of the entire Project shall be 365 calendar days. Upon approval by the City Council, Contractor and Engineer, this contract may be renewable for up to (2) additional (1) calendar year periods (12 calendar months per calendar year) - The worki time for C0IMI_e!Uqn of Work Orders shall be stated in the individual Wor rders. Within ten (10) days after receipt of a Work Order from the _D recto gae e to jproceed,, the shall; Submit proposed Work schedule/PL arc_tc rt sneer £or a Mroval; Working Time will be counted from the time abo-,re__ a..b0roval(s) are granted. il-i-thin 24-hours after recei bilize place---traffic controls and commencegavement markingoperations,_ For each calendar day that any work remains incomplete after the time specified for completion of each work authorizatIon or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion nf thk-. 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® Section A ® SP (Revised 12/15/04) Page 2 of 24 ®7 [corkers C Lnpansatio n Insurance 22m r e If the Contractor's workers® compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers® compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, there 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 an 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 Contracts the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are cornered by workers® compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer, Fasces Pro Doak, Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Sections B-2 of the General Provisions® -g Acknowleogymnt of n 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® age tea (Revised 7/5/00) Labor preference and 'Huge rates for ®i wa ��nst cticnm Mininm Prevailing l The Corpus Chri-sti City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than ifa wage rates to all laborers, workmen, and mechanics euployed by them in the ti of the Contract. a subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for laborer, workam, or mechanic employed, if such person is paid less than the specified rates for e classification of rk performed. The Contractor and each subcontractor st keep an accurate record showing the names and classifications all laborers, workmen, and mechanics employed them in connection with the of t and showing the actual id to each worker. Section A - SP ( e and 12/15/04) Page 3 of 24 The Contractor will wake bi-weeUy certified payroll subyLittals 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 su)mdtted to the City Fmgineer bi-weekly. (see section for Minority/Minority Business Enterprise Participation Policy for additional requirements concprning the proper fom and content of the payroll suhmittals.) One and one-half (111) tines the specified hourly wage assist be paid for a.11 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 Terns, and Section B-7-6, kbrking Hours.) A-11 tai Pubaic Aqencies (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 Lone Star Notification Conpany at 1-800- 669-8344 and Veri2on Dig Alert 1=800-483-0279. For the Contractor's convenience, the followimg telephone numbers are listed. city Engineer 361-826-3500 Project Qigineerne HDR Engineering 361-696=3341 361-696-3385 (rax) Traffic Engineering 361-8263552 Police Depar 361=882-1911 Water DepartirenL 361-826-1808 026-3140 after hours) Wastewater Department 361-826-1818 (826-3140 after hours) Gas Department 361-885-6900 (885-6900 of hours) Storm Water Department 361-826-1881 (826-3140 after hours) Streets & Parks & Recreation 361-826-3461 Departffent Solid Waste Services 361-826-2970 A E P 361-299-4933 (693-9444 after hours) S B C 361-881-2511 (1-800-824-4424 after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 361-857-1946 826-1960 Cablevision 361857-5000 (857-5060 after hours) ACS1 (Fiber Cptic) 361-887-9200 (Pager 800-724-3624) Kw- (Fiber Optic) 361-813-1124 (Pager 888-204-1679) choice Com (Fiber Optic) 361-8815767 (Pager 8562981) CAPROCK (Fiber Cptic) 512-9350958 (Mobile) Brooks Fiber Cptic (MN) 972-753-4355 A-12 Maintenance of ServIces (NOT USED) !,e- U --e hmwii"s am eft+at -1 ---d ult-li+kt-y RA a as e. his 'resigessibil--t- 4et-hl7a Section A - SP (Revised 12/15104) Page 4 of 24 ._. G -'eem l a a. wA��P.�a� a. a �n� 1 _ n•� �.asn keftr by _effiP&re*Y er—t a a t �® A-13 Area Access and Traffic control, Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc The Contractor shall be res ocrsible for deli nin rovidin obtainin Cit pproval and implementing traffic control plans for the safe passage of vehicles t}rrou h work zones 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 skull secure the necessary permit from the City's Traffic Engineering Department. The Contractor shall provide suitable warning signs, flags, barricades, or other devices to protect markings from damage during drying e Contractor shall sequence work within each phase in a manner that ensures public access to all commercial and residential entities at all times during construction. W ® Traffic control shall follow the requirements and guidelines of TXDOT Traffic Control Plans f®r Mobile Cperatlorts ( Cp �l thru 3-3) incorporated hereby by reference. e Any deviation from the traffic control plans shall be at no additional cost to the City, including those Contractor operations that may require the use of temporary one-way traffic and flagmen due to clearance constraints between Contractor's machinery and traffic The Contractor shall take recautiorts to protect eistin� above ground facilities from damage dote to wind blown a3.rrt, s ills, and s latter a The Contractor shall restore art dame ed faoilitiea at rro increase in the Contract price. The Contractor shall provide suitable warning signs, flags, barricades, or other devices to protect markings from damage during drying. All costs for traffic control are considered subsidiary, therefore, no direct payment will be made to the Contractor. Section R - SP (Revised 12/15/04) Page 5 of 24 - 1 nstruc i -h _1r et �c Ada e -15 Excavation d Removals {Not Used} -16 Disposal al ( of Used) -17 Field Offices (Not a } The Gd_� field least 3GE it " OY -1 Schedule S nc f Construction The Contractor skull submit to the City Engineer a WWI Lain based on Calenda lacement of Pavement; markings, and_shall be submitted to the_-_city ner n--er within 10 a} radar day p. after re i of any individual Work Order. orkAp Time w.° will _be courted from the time a��va � r���1.,4�m� ��_the Contractor shall mobilize, place traffic controls' and commence Pavement marki rations. 1 Section A ® SP (Revised 22/25/04) Page 6 of 24 A-19 Construction Prayement markings and markers shall duplicate existing Markin�s and markers unless otherwise indicated in the Work Order. Sketches detailing ical marking and marker coinfiqurations for the Classification ®f streets b in marked will accompany individual work orders. Bid items with "City Stock" in their description represents stock material that will be provided bv the Cit of Corpus Christi, Traffi. s art me ® � g �®mm®®r.. The Gen e ed—gym% Section A S (Revised 12/15/04) Page 7 of 24 ® m m a liaenae'4 4" the- at —a tter—Nre N t 9 t m—m. ,�� s axt 4.smm to a m —RR� 2 cup Aii A-20 Test:incr and Certification The Cit at its discretian _ ma : sample and test raw materials - nd nAint supplied in accordance with Terghniq 4-, ecifications 0251 e�Reflectorized Pavement Markings" & 8020 "Reflectorized Profile Pavement MarkLn and traffic Pant _ iasedjj th2jqkty or its Contractor. An _ sti_ra _ of rasa materials or finished aint shall be .__conducted..__in accordance _wa tl TDOT De artment tatrialoificat3on 6100 . 6130. , 8220, 8290, and Test Procedures TEX- 28- , Tai®82 ®654_; . All tests required under this item enlist he done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will he 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 coat of retesting will be borne by the Contractor and deducted from they payment to the Contractor® The Contractor must provide all applicable certifications to the City Engineer. ® 1 Project Si (rTot IIsad d t A-22 Business Ent r3 so Participation Pol..io ( evized 10/96) a Polk section A - SP (Revised 12/15/04} Fuse 8 of 24 it is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 19B9, and any amendments thereto® In accordance with such policy, the City has established , goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Entp_Eprise: 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: Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person® (b) For an enterprise doing business as a partnership, at least 1®0 of the assets or interest in the partnership property must be owned by one or more minority person(s) . (a) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s} ® 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Pa meats Minority partners, proprietor or stockholders, of the enterprise, as the case may he, must be entitled to receive 5100% 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. section A - SP (Revised 12/15/04) Page 9 of 24 d, inorit See definition under Minority Business Enterprise. Ell. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51®0 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. 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 MEE 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 joust t 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. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force an all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (percent) Participatlon (Percent) 45 % 0 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the 6ontractor's percentage is prohibited. 4a Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to t-he City Engineer. b. The Contractor shall make tai-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 - SP (Revised 12/I5/041 Page 10 of 24 23 ins 2 i.orn (Devised 7!5!00) (Not Used) T he Gone- e Gir ,. pim �. °' � zm"® '®'� � _ .mmm_�__®�e• �� e��m.�®- -=�°s3�� �it �� A-24 Sue y fonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the city from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of tern percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds tent percent (10%) of the Surety Company's capital, and surplus with reinsurers) authorised to do business in the State of Texas. The amount of the bond reinsure by any rei.nsurer may not exceed ten percent (10 ) of the reirnsurer'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 $160,000 from a rensurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reirnsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued®" ®25 Sales Tam Ex do (NOT USED) S pae 6 22, e Provision, ee�m. Te*e4 P_°°4 d_® tie 34, Pubile F-Imanee-e-f a e--eeup°4 .o3.3 ­ Section w�� e ion (Revised 12/15/04) Page 11 of 24 eet 26 Stx__.l ment Insurance ire is � For each insurance coverage provided in accordance with Section �6-11 of the Contract, the Contractor shall obtain are 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 wail prior written notice of cancellation or material chan for 1, ame;: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2m Address: PO. Box 9277 Corpus Christi, Texas 78969-9277 3. Number of days advance notice: 30 The Contractor shall, provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty ( 0) 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 -6- 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy® The City weed not be named as additional insured an Corker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section -6--11 (a) of the ConLracta., the Contractor shall obtain an endorsement to this coverage stating: section A - sp (RevisSed 12/15/04) Pagft 22 of 24 Contractor agrees to indemnify, sage harmless and defend the City, its agents, servants, and employees, and each of then against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for• or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to' have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Resp2nsibility for Dama ge c]ai s NOT USED p h (a' General L-Jabiliv ___ 19 _ 9 �_ ended coverage fee the term of the G e­dat-e—Oie- e m�vv_ l l Eerm. Ge o_ _..�. abar A-28 Considerations for Contract Award and Execution To allot the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning; 1. Whether any liens have been filed against bidder for either failure to _ pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the Lien, the basis for the lien claim, and the date of the release of the lien. if any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects began 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) dabs 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. 29 Contractor's Field ti f The Contractor shall employ for this Project, as its field administration staff, superintendents and f oremen 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: section A - SP (Revised 12'15®04) Page 13 of 24 1" The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, _ federal and state wage rate requirements, and City contract close--out procedures. The superintendent shall be present, on the job site at all times that work is being performed. 2° Foremen, if utilized, shall have at least five (5) years recent experience in simllar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will he reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to tha 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 to of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based an the Base Bid only) must submit to the City Engineer the following information- 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that ME E participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6® A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Section A - SP (14mised 12/15/041 Page .14 of 24 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, he 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, theca 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-7-138 7. final progress schedule must be submitted to the City Engineer upon receipt of individual work orders, 8. Documentation rewired pursuant to the Special. provisions -28 and A-2 concerning Considerations for Contract Award and Execution and the Contractor®s Field Administration Staff. 10. With the Bid Proposal Form, submit in letter fez , information identifying type of entity and state, i.e., Texas (or other estate) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to.execute contracts an behalf of said entity. A-31 Poligy on W s Under "General provisions and Requirements for Municipal Construction Contracts" B-8-5 Poli on Extra Work and Chan e orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges t the City Engineer Y 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 Amerkled "Ekocution of " d - - t Under "General Provisions and Requirements for Yonicipal Construction Contracts" -3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time for 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 y kind, including for breach of contract, against the City, nor is the City obligated top fo der the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12115104) Page 13 of 24 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 Pr&-Bid Meeting referred to in Sion 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 Technical Specifications fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order® A-35 CityWater Facilities: Special i regents (NOT USED) A. VJ 51 is Ei �'V t d vrbbeetienz of a L n the Section A SP (Revised 12/15JD4) Page 1 6 of 24 i Unless-- 77 The een- GE Trash 8 Y All trash generated must be eentain at trash will not be alaewed. The GenMeMp keep Wei-h m � a m working m m ® _a...ia Sepaetmemb staff. me. No a m am %.o w •�� 1 1 - �a Sevens a- m--�rs°�aar eanhwasheE--emple! met leave ire f- —M_ ust- r VMSp wade includes, but is not 11mited to, eperatien all haEdw these s- -G-eaMs c czar r t ®m y ®� d a s re ra Section A - SP IMAM 12/15/04) Page 17 of 24 p ��. . ,elfte , Heas # zm . � :— m� A-36 Other L ( D) Section SF (Revised 12/15/04) Page 18 of 24 a m L. -4uppleffiefkt- o Gan w .4 st a m h. e4,� previous .3 D2 stri bU'j on a � ee e__ _ __ »,�.m.m _. �vs m�a.,.�se.,..., .ea w_e °°tea —___° ____• o 0 OE z a _B .®ma .a $ a 6...^.mm.4- ......., range of 3. When speelf _� �__-�� -ate � ®e �'•-.� -- test s _aa all- ass .. ,.a _ A-37 " for Water Fuznished L3M the 2Ltyll U ) Fee ma.t.ion ate :. __ �- _ �. �eta to GentEeeteE--at- Section A (Revised 12/15/04) Page 19 of 24 A-38 Worker®a C2 ensatlon Coverer a for Buil or Goverranent Entities The requirements of "Notice to Contractors B" are incorporated by reference in this Special Provision. A-39 Certificate of 0 zcuEancZ_and Final cc tang jNot_Used L A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6; Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksiete® A-41 Ozone AdvisM (Not Used) -s---e*per"need-r A-42 OSHA Rules &.a�at�:Lqns It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemification Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from area 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., Section A - SP (Revised 12/15/04) Page 20 of 24 A-44 Change �rra Should a change order(e) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for cork of the change order (unit prices, hourly rates, sub-contractor Is costs and breakdowns, coat of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions Dr wing (7/5/00) (Vot Used) lei l teal a -Re Set of- o®? � n _.3 e hall —1—Me 4 Deletions, A-46 Di. p sal f EUghly Chl r° a,ted water (7/5/00) (NOT USED) x ,a. n �,. a s__ B —° ---� °°- =mss- ---8s - - nw�a} __ as m A-4 7 Pre-Construct ion Eml or t xc tien (7/5/04) (NOT USED) px-epeeed p1pel-ines 09 the el­ a. Section A — SP (Revised 12/15/84) Paula 21 of 24 gem®� l _ l- _ -µdue t-he Contract-o ngi—n '® app ya ®E a� A-48 Overhead Electrical Wires (7/5/00) Contractor stall 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 providers for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical sires or facilities occurs. Contractor shall coordinate his work with Cp&E, and inform Cp&T, of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It small be the contractor's sole responsibility to provide for adequate safety with regard to overhead lames whether shown in the plans or not A-49 Amended "H tenance attar t � (8/24/00) Under "General provisions and Requirements for Municipal Construction Contracts', B-8-11 Maintenance GuaranLy, 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 Term of Contract The tents of the contract will be twelve (12) months with a renewal option for np to two (2) additional twelve (12) month tents with the mutual agreement of the City manager, or his designee, and the Contractor. The cork to be performed tinder this contract shall be authorized by the City under multiple work authorizations. General mobielei.7at i on/dArnobi l i 7atian cnstn will not be paid for directly, but stall be considered subsidiary to the pertinent raid items. For general mobilization, the minimum quantity of work for most work authorizations will be 40,000 L.F. of striping. However, under certain circumstances, the City will treed to issue work authorizations for quantities less than 40,000 L.F. It is anticipated that the small quantity work authorizations will occur 3 times per year. Recognizing that SeCtIon A � $P (Revised 12/15/04) Page 22 of 24 supplementing general, rrsobili nation/ e o ilizatio t wi t,h additional mobilization compensation for these smaller work authorizations is warranted, a Bid Item, Small_-.Quantity Authorizations has been included. All costs associated with mobilization and demobilization of labor and equipment to performs the work included in authorizations for less than 40,000 L.F. of striping shall be included in this bid item. No additional compensation beyond the unit bid pries for striping shall be made for work authorizations for 40,000 L.F. or more of striping. A-52 Amended Prosecution an Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 prosecution and progress, add the following: "Funds are appropriated by the City on a yearly basis. If funds for .any mason are not appropriated its any given year, the City may direct ,suspension or termination of the contract. If the contract is terminated or suspended and the City requests remo i,lization at a later date, the Contractor may request payment for demo ilization/remohilizati.on costs. Such costs shall be addressed through a change order to the contract® section (Revised 12115/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: CITY—WIDE STREET STRIPING AND PAVEMENT MARKINGS; PROJECT NO. OWNER CITY OF CORPUS CNATATT, ENGINEER: HDR ENGINEERING, INC. CONTRACTOR: SUBMITTAL DATE, SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR SUBMITTAL ------------- ---------------------------- -------—------------- Section A SP fRavised 12115/04) Page 24 of 24 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of AUGUST , 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 Highway Barricades and Services, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces. County, Texas: In consideration of the payment of $129,770.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows- CITY-WIDE STREET STRIPING AND PAVEMENT MARKINGS PROJECT NO. 8312 (TOTAL BASE BID: $129,770.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in it 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 is constitute the contract fort is project and are made a part hereof, ?age I of 3 Rev, Jun-2010 Contractor shall indemnify, save harmless of Corpus Christi in Texas.Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi,The Contractor will commence work within t (1 calendar days from t they receive wri on work order and will complete same within 1 _ r construction is begun. UPON APPROVAL BY CITY COUNCIL, CONTRACTOR AND ENGINEER, THIS T MAY BE RENEWABLE ADDITIONAL YEAR PERIODS (12 CALENDAR MONTHS PER CALENDAR ). Should Contractor default, Contractor may be liable for liquidated damages as set forth in the r c Documents. City ill pay Contractor in current funs for performance of the contract in accordance with the onr ct Documents as the ork progresses. _ Signed in 4 parts at Corpus Christi, Texas on the t shown ove, Pa e 2 of Rev- Jun-2010 ATTEST: CITY OF CORPUS CHRIST,I By: City Secretary Mark V Vikk Interim Asst. City Manager Public Works, tili i s, and Transportation APPROV -D A TO LEGAL FORM: : a. y: Asst, Gi Attorney Daniel Biles, P.E,. Director of Engineering Services CONTRACTOR ATTEST: (If Corporation) HLghway Barricades Services LLC i 1`. ' rl By: &IIBI ) - -- Title: (Note: If Person signing for corporation is not President, P.O. BOX 9104 attach copy of authorization (Address) to n) CORPUS CHRISTI TX 78469 (City) (State) (ZIP) 3611883-6300 11 (Phone) ( ax) rez�® ,,age of 3 Rev, Jun-2010 $ P R 0 P 0 S A L F 0 R M F 0 R CITY—WIDE STREET STRIPING AND PAVEMENT bMRKINGS PROJECT NO . 8312 DEPARTMENT OF ENGINEERING SERVICES ADDENDUM NO. 1 Proposal Form ATTACHMENT I Page I of 7 Pame I of 7 CITY OF CORPUS CliRISTI, TEXAS P R 0 P 0 S A L Place: Date: A1117 Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CITY-WIDE STREET STiRIPING AND PAVEMENT MARKINGS PROJECT NO. _8312 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: ADDENDUM NO. I Proposal Forn ATTACHMENT I Page 2 of I Paul 2 of 7 OPINION OF PROBABLE CONSRUCTION COST CITY-WIDE STREET STRIPING AND PAVEMENT MARKING - PROJECT NO. 8312 ---- ------- IT I TI IT UNIT COST AMOUNT Al REFLECTORI MARKI ZED PAVEMENT NGS F $ $ 00 2 L 9,000 REFLECTORIZED PAVEMENT MARKINGS $ —A2 LF . 01 ] 5.............. REFLECTORIZED PAVEMENT MARKINGS A3 j4")(SOLI2g1YygELL0 145,000 LF $ do $ ............................ A4 REFLECTORIZED PAVEMENT MARKINGS $ $ OD : 18,200 LF A5 REFLECTORIZED PAVEMENT MARKINGS $ $ 00 '8' �SOLI WHIT 'TYPE 700 LF -.1--7)( pgpgE��� —--�— REFLECTORIZED PAVEMENT MARKINGS —A6 3,300 LF $ REFLECTORIZED PAVEMENT MARKINGS —A7 LF $ $ REFLECTORIZED PAVEMENT MARKINGS 8 (4")(S0LIDVvff 1 1 TY II 16,200 LF $ $ REFLECTORIZED PAVEMENT MARKINGS $ $ 66 (4--)( IROK Y LL TY II 2,100 LF REFLECTORIZED PAVEMENT MARKINGS 00 1 $ A10 !f81111:)I!!'1iL 1 WHIT TYPE111% $ 1 100 ——.-, L LF REFLECTIVE PROFILE PAVEMENT i 1, 00 Al 1 MARI'', A"I'lil 1 1 1= $ $ I ISOLIL;I WHITE)(TYPEJ.)., 4,000 LF L! 60D REFLECTORIZED P MARKER TY I_L15 5 bo —Al2 1,300 EA $ $ REFLECTORIZED PAVMENT MARKER TY Al 3 11- CITY STOCK 2,600 EA 07D. * REFLECTORIZED PPS MARKER TY A14 II-C- 1,300 EA $ $ SMALL QUANTITY AUTHORIZATIONS Al 5 (LESS THAN 40,000 LF TOTAL) $ W, 00 3 EA Al 6 STREET MAINTENANCE ALL 1 LS $ 50,000.00 $ 50,000.00 Note: The quantities listed above are for a one year period. Similar quantities are anticipated for the subsequent two year extensions. ADDENDUM NO. 1 Proposal Form ATTACHMENT 1 Page 7 of 7 Pace 3 of 7 SPECIAL NOTES TO BIDDERS I . Bidder is notified that work for the following bid items may not be required and is NOT authorized until a separate notice to proceed is given by the City for each of the following bid item as required: A-16 STREET MAINTENANCE ALLOWANCE There shall be no payment for any work completed on this bid item prior to the City issuing authorization for that bid item. Also, unit prices provided in the proposal are for the allowance and the actual payment shall be based on the scope of work agreed upon between the Contractor and the City prior to work authorization of the bid item in question. 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 Len J10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials . The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation, The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work t.o be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets . Time of Completion: The working �time for completion of the entire project shall be 2§5 DAYS calendar dal,,rs (1 calendar year 12 calendar monthEj Upon or ounce a 37 or an contract mrmay be renewable for up to (2) additional (1) calendar year periods (12 calendar months per calendar year) . The undersigned agrees to complete the work in accordance with individual task order authorizations. The working time for completion of work orders shall be as stated in the individual Work Authorization. Within reoea�at of a Work Order from the ADDENDUM No. I '3E Proposal Form C7 L IATTACHMENT 1 Page 4 of 7 P 4 f Pace 4 of 7 Director of En ri-neerinq Services or his 2LgS�eed the 4 ontractor sTHTJ, a Submit proposed Work Schedule/Plan to Engineer for approval; 0 If requested, submit proposed Traffic Control Plan (sealed by Texas Professional Engineer) to Engineer for approval; WorkinQ Time will be counted from the time above roval (s) are i i HE r �t � t�r W;�ac for !: : I ,- ,1 ili i rants da. Wit t hnl—n �241 ter I r�ov a (�s ,' 0 1 Ise. a, Mo 1 Ise, a�c!ei F'a i c �c o In comment 1 ------ 1 -in Ta &tnent ma—Ek-j—� The undersigned further declares that lie will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. number) : Receipt of the following addenda is acknowledged (addenda Res p Name By: (SEAL - IF BIDDER IS a Corporation) Add P.C. Box) (Street) k-M5 -19401 (City) (State) Zip) Telephone: NOTE: Do noL detach bid from other papers. Fill sr, w4Lh Ink and submit COMPICLO WiLh attached papers. (Revised Auguit 20-00� ADDENDUM NO. I Proposal FOKM ATTACHMENT 1 Page 5 of 7 Pace 5 of 7 P E R FORMAN C E BOND STATE OF TEXAS § BOND NO. 4392093 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: �arriicades and Services, LLC of the City of us Chr i i st _g2.[p County of Nueces and State of Texas as principal ("Principal"), and SURETEC INSURANCE COMPANY ' a solvent company duly authorized under the laws oft 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 TWENTY-NINE THOUSAND, SEVEN HUNDRED SEVENTY AND NO1100 U.S. Dollars (_ �77�000 U.S.) to be paid in Nueces County, Texas, for the payment of is sum well and truly to be made, We, said Principal and Surety, in ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this on are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH i of AUGUST— , 2013, is Agreement is her referred to and made a part hereof as fully and tot same extent as if copied at length herein, fart construction of: CITY-WIDE STREET STRIPING AND PAVEMENT MARKINGS PROJECT NO. 8312 (TOTAL BASE BID: $129,770.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and coverianted by Principal to be observed and performed, and according tot true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrest t no change tot contract time or contract amount, and no alteration or addition to the terms aft contract, or to the or 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 t o t he terms oft a contract, or tote or to be performed thereunder. (Rev. Date May 2 011) Performance can Page 1 of 3 Provided further, that this and is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue all lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 4TH day of SEPTEMBER 12013. PRINCIPAL SURETY HIGHWAY BARRICADES AND SERVICES, LLC SURETEC INSURANCE COMPANY By: By: U Atto y-i n-f t RY ELLEN MOORE Title: ATTE T: ecretaryy Address: P.O. BOX 9104 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 . ...............I Telephone-----,361®883-171 1 Fax: 361-844-0101 ® silo (Rev Date May 2011) Performance and Page 2 of 3 Name and address of Resident Agent of Surety in Nu es County, Texas, for delivery of notice and service of process: Name: _T_vE pnQKISQL Agency: LC Address: _aQp N, SHQgELjHEaLyp. ......5.UI i �0 (Physical Street Address) (City) (State) (zip) Telephone: 361-883-1711 E-Mail: SADDKI SONS-GINS.COM Note-. Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev Date May 2011) Performance Bond Page 3 of 3 PAYM ENT BOND STATE OF TEXAS § BOND No. 4392093 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Highway arricades and Services., LLC of the City of_g2rpus Christi County of Nueces , and State of Texas as principal ("Principal"), and SURETEC INSURANCE COMPANY I a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this on in The penal sum of ONE HUNDRED TWENTY-NINE THOUSA 4D, SEVE HUNDRED SEVENTY AND NO1100 U.S. Dollars ($ 129 770.00 U.S.) to be paid in Nu County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, in ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this on are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH day of AUGUST, 2013 which Agreement is hereby referred to and made a part hereof as fully and totes nt as if copied at length herein, fort construction of: CITY-WIDE STREET STRIPING AND PAVEMENT MARKINGS PROJECT NO. 8312 (TOTAL BASE BID: $129,770.00) Now, therefore, the condition o f t his 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 fort 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 tote terms oft 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 oft contract, or tote work to be performed thereunder. (Rev. Date May 2011) Payment Bond Pagel of Provided further, that this and is executed pursuant to Chapter 2253, Texas Government Code, as endsd. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 4TH jay of SEPTEMBER 2013. PRINCIPAL SURETY HIGHWAY BARRICADES AND SERVICES, LLC SURETEC INSURANCE COMPANY By: Attor �-fact MARY ELLEN MOORE Title. z n Y. ATTE T- Secretary Address: P.O. BOX 9104 Address: P.O. BOX 870 CORPUS CHEISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail, ._Mcc)xp@s_ si s_,com Rev, Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process, Name: STEVE ADDKISON Agency: SWAN TNER & GORDON INSURANCE AGENCY LLC Address- 500 N. SHORELINE BLVD, SUITE 1200 (Physical Street Address) (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: SADDKISON@S-GINS.COM Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note, to of Payment and must not be prior to date of contract, END Rev, Date May 2011 Payment and Page 3 of 3 POP 4221023 SureTec Insurance Company LEMTED POWER OF ATTORNEY Know All Men by 71tese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and baving its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint R.M.Lee®Mary Ellen Moore,Tami J.Duncan,Steve Addkison,Cathleen Hayles,Danielle Harris,Kerry M.McIntosh its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recd gnizances, undertakings a r e ther instruments or contra=of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 001100 Dollars($5.0008000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President;scaled with the corporate sea] of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the prendses. Said appointment shall continue in force until 1213112015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the Presidcn� any Vice-Prcsiden% any Assistant Vice-Presidcn% any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and an behalf of the Company subject to the following provisions- Allorne-y-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracN agreements or indemnity and other conditional or obligatory undertalcings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolveit that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any cerdfi cate relating thereto by facsimile,and any power of attorney or certificate bcaring facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on.2 qfApril, 1999.) In Fruness H%ereaf SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corpo ra te seal to be hereto affixed.this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY 0 0 By:— u John Vox 34 resident Sink of Texas ss, County of Harris 71 On this 21 st day of March,A.D,2013 before me personally came John Knox Jr.,to me known,who,being by me duly swom,did depose and say,that he resides in Houston,Texas, that he is President of SU INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of i ctors of said Comp y,and that he signed his name thereto by like order. Drean KJACQU E LLY�NMALDO N ADO Notaly Pubbe ol Texas state my Comm EDP.511001, Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 1,M.Brent Beaty.Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby cettify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in fall force and effect and fir rthermores the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect Given under my band and the seal of said Company at Houston,Texas this day of qF.PTF.MRRR 2D °t A.D. M.Bre ZBeaty,FAssistant Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. - For verificatlon of the au ftrity of this power you may call(71 3)812-0800 any business day between 8.00 am and 6:00 pm CST., SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice Too tain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance company 5000 Plaza on the Lake, Suite 290 Austin,TX 78746 You may contact the Texas Department of Insurance to obtain information an companies, coverage, rights or complaints at 1-800-252-3439,,You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The and to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection,or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi &Environmental Hazards The and to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spares, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the re mediation thereof, nor the consequences to persons, property,or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 11.11.03 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112,as amended,requires all persons or f Irms 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". FIRM NAME STREET. Zip: -78L p FIRM is: 1. Cor oration 2. Partnership 3. Sole Owner 4®Association 5. Other DISCLOSURE QUESTIONS If additional space Is necessary,please use the reverse side of this page or attach separate sheet. State the names of each 'employee-of the City of Corpus Christi having an 'ownership interest"constituting 3%or more of the ownership in the above named'firm". Name Job Title and City Department(if known) 2, State the names of each 'official'of the City of Corpus Christi having an "ownership interest'constituting 3% or more of the ownership in the above named ofirmo, Name Title 3. State the names of each 'board member" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm". Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named*firm". Name Consultant CERTIFICATE::::� I certify that all Information provided 1st a and correct as of the date of this statement,that I have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person- Itle:MLAa(N-1k5M40JQEr (Type or Print) Signature of Certifying Person® --I-- Date: AVV ADDENDUM NO. I Proposal Form ATTACHMENT 1 Page G of 7 Pace 6 of 7 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or Part time basis, but not as an Independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, Industrial or commercial and whether established to produce or deal with a product or service, Including but not limited to, entities operated In the for of sale proprietorsh[F, as self-employed person, partnership,corporation,joint stock company,joint venture, rece vership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable Interest,whether actually or constructivel held,In a firm, Including when such Interest Is held through an agent, trust, estate or of in entity. "Constructively held"refers to holding or control established through voting trusts,proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form, ADDENDUM bio. I Page 7 of 7 ATTACHMENT 1 Pace 7 of 7 ACCORDO CERTIFICATE OF LIABILITY INSURANCE DATE(MKUDDNM) 9/11/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER' HIS 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 certifi cate holder GATION 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 ends rsemengs l. PRODUCER A Swantner&Gordon is Agcy-CC PHONE Ch-eryle-FlournGy.................... FA I X A Higginbotham Company —------ moj-36 1-844_0111 P, F-MAK.0. Box 870 ADDRESS Corpus Christi TX 78403-0870 INSURER t's AFFORDING COVERAGE NAICN ---------- ------ ASSURER A-Suilinaton,Insurance—C-Ompany............. INSURED HIGHW7 INSURER B Highway Barricades&Services LLC ompany- .................. 7775 Leopard Street IN.SuRERE Rolicelon ExmL&_Surp[us_LtnesJrL........................ Corpus Christi TX 78409 INSURER D.-'_T.'eXjIS M-u.tLia[Ansurance-c-omp-aay.-,,--, 12945, ................... _INSURER E- COVERAGES CERTIFICATE NUMBER:585576192 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSUORCE—LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIORE-F-1 INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WiICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE RMS EXCLOSIONS AND CONDITIONS OF SUCH PO„IVAES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1-1---l---------------------11—----- -------------- _-_- INSR; LTA TYPE OF INSU 2CE AbbnUSR--------------------------------------------------------------- ----------F-POLICYIEFv- ooLiCy-EXP--------------------------------------------------------------------------------------------- INS LR�,WV LIMITS A GIENERALUABILITY V )HGL00 ------------- ------- ------------- COMMERCOL GENERAL LIABILaY ------------ $100,000 CLAIMS MADE 'X OCCUR ---------- 1 $5,000 -------------- ----------------- ----------- ------------ ------------------------------- --------------------------- URY S�1,000,900 -------------------------------- -------- ------------------------------- ------------------- __--------- GENERAL AGGREGATE 2000.000 ---------------------------------------------- --- --------------------------- GEN'L AGGREGATE LIMIT APPLIES PER R A G P ODUCTS-COMPICIP C fX PRO. ----------------------------------------------------S2,000JO00 ----------------- POLICY F7'LOO ts B AUTOMOBILE LIABILITY BAP551899200 J2012 J292 -------------- 51®00 000 X IANYAUTO 80 L INJUR!'ferp") ALL OWNED %SCHEDULED V/ ------------- ------------- AUTOS AUTOS B004LY INJURY(Per acddvii $ NON-OWNED J— ------------- ------------------------------------ ----------- 'X HIAED AUTOS �AUTOS PROPERVe M4 ----------- ------------------------------- ------------ ......................... UMEIRELLALIAD occ U R -66A3FFU00094100 "1 2f2212012 1212213 EA H OCCURRENCE sl�000'000 C X EXCESS LIAB CILLAIMS-MAVE ------------------1-11---------------- i-------------------------------- ------------ AGGREGATE ------------------- ------------- -------------------- ------------------ I DED 1 RETE�NTIO � i "as DNS al WORKERS COMIFNSAMON 5 AND EMPLOYE'S. '�Y 1 TSF0001197350 x 0N99TATU- �oym-� �IUAHILITY 11912 ------------- -------------- ---------- UTIVE ANY PROPRIETORMARtNERFEXEC YIN ----------- ---------- EL EACH ACCIDENT S1 000 000 OFFICEMPIEMBER EXCLUDED? IN I N I A -------------------------- -------------- ---------------------------------------------- (Mandatory In NHI 6;1 ges,desmbe under E L 0 SEASE EAEMPU)YE-,__i�$1,000000 MAKIN u0"FOOPERATION-%W- --------------------—--------------- E USEASE-PO','CY LIMiT $1'000,000 DESCRIPTION OF OPE RATIONS I LOCATIONS I VEHICLES JAnach ACORD 101,Additional Renorks Schedule,If nwre zPace Is requiredl rm See attached ACORD 101 Form for additional policy provisions and coverag e info ation Project: City Project#8312 City-Wide Striping and Pavement Markings V Policies include a 30 Day Notice of Cancellation except 10 Day Notice of Cancellation for Non-Payment of Premium CERTIFICATE HOLDER —.CANCELLATION 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. P. C. Box 9277 Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 'r AGENCY CUSTOMER ID. HIGHW7 LC 9. AC4!:>RE0 ADDITIONAL REMARKS SCHEDULE Page I oft AGENCY NAMED INSURED Swantner and-Gordon Insurance Agency Highway Barricades&Services LLC POUCY NUMBER 7775 Leopard Street CARRIER NAIL CODE Corpus Chdsli,TX 78409 ON EFFECTIVE DATE, 1212212012 ADDITI AL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- _Z�_ FORM TITLE. Certificate of Ligaftinp,surance The General Liability(Additional Insured-Owners,Lessees or Contractors Scheduled Person or Organization CG2010 10/01 and Additional Insured- Owners,Lessees or Contractors®Completed Operations CG 037 07/04), and Auto Liability(Plus+Commercial Auto Enhancement CA R053 0 11)policies each include a blanket automatic Additional Insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status, The General Liability(Waiver of Transfer of Rights of Recovery Against Others to Us CG2404 05109),Auto Liability(Plus+Commercial Auto Enhancement CA 8053 03111)and Workers Compensation Texas Waiver of Our Right to Recover From Others WC420304A 01100)policies each include 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 such status, The General Liability policy includes a primary provision only when there is a written contract between the insured and certificate holder that requires such a provision(Amendment®Other Insurance Primary and Non-Contributory Coverage I FG-G-0094 021112) ACORD 101 (2008101) @ 2008 AGGRO CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HGL0033189 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following,. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization, Any person or organization for whom you are performing operations, but only If you have agreed, in a written contract,to add such person or organization as an additional insured on your policy for that location or part thereof, provided such a written contract is fully executed prior to an "occurrence" In which coverage Is sought under this policy, (if no entry appears above, information required to complete this endorsement will be shown in the Dedarabons as applicable to this endorsement.) A. Section 11— Who Is An Insured Is amended to (1) All work, Including materials, parts or include as an insured the person or organizatlon equipment furnished In connection with shown in the Schedule, but only with respect to such work, on the project (other than ifabIlity arising out of your ongoing operations service, mainlonance or repairs) to be, performed for that insured, performed by or on behalf of the B. With respect to the insurance afforded to these additional insured(s) at the site of the additional insureds, the following exclusion Is covered operations has been added: completed:or 2 xclusions (2) That portion of"your work"out of which the injury or damage arises has been This insurance does not apply to 'badly put to its intended use by any person injury"or"property damage,occurring after, or organization other than another contractor or subcontractor engaged in performing operatiions for a principal as a part of the same project, CG 2 0 1 0 1 0 01 0 GO properties; Inc., 2000 Page 1 of 1 01 POLICY NUMBER: HGL0033189 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US his endorsernew modifies insurarce provided tinder the followlng� COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS)COMPLETED OPERATIONS LIB BIUTY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organizatjon�with whom you have agreed, In a written contract to waive the transfer of rights of recovery against others to us, provided such written waiver is fully executed prior to an"occurrence" in which coverage is sought under the policy. lnforrnati requir to complete is dole, if t shown ova„will be shown in the Declare#Ions. The following is added to ParagrEph 8. Transfer Of Rights Of Recovery Against Others To Us of Sect[on Ill— Con d it[on s- We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organizalion and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office,Inc,2003 Page 1 of 1 POLICY NUMBER:HGL00331 89 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) OrO-anl - n(s), Location And D Any owner, lessee or contractor with whom you Any and all ol your completed operaflons, have agreed,in a written contract, that such person or organization should be added as an additional Insured on your policy,provided such written contract Is fully executed prior to an loccurrence"'IP wh(ch coverage is sought under fts policy. Inform0on required to co late This Schedule, if not shown above,will be shown In the Declaratlona._______j Section 11 o Is An Insured Is amended to Include as an additional Insured the person(s) or organlzation(s) shown In the Schedule, but only with respect to liability for "bodily injury or "property damage" caused, In whole or In part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products- completed operations hazard'. CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page I of I THIS ENDORSEMENT CHANGES THE POLICY. PLE4SE READ IT CAREFULLY. AM EN DME NT- OTHE R I NSU RANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided under the follow'n : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS-COMPLETED OPERA-171ONS LIABfLrFY COVERAGE PART Schedule of Additional Insured(s). Any person or organization named In an Additional Insured endorsement attached to this policy with whom you have agreed,in a written contract, that such person or organization should be provided primary and non-contributory coverage, but only when such written contract is fully executed prior to an'occurrencem In which coverage Is sought under this policy. A. Paragraph C. of this endorsement replaces cover under the applicable Coverage Part to paragraph 4. Other Insurance of Section IV® which this endorsement Is modifying, this Commercial General Liability Conditions, but insurance"s primary and non-contributory. only with respect to the insurance affordad to the However,this endorsement. additional insured(s) scheduled above. 1.Applies only when you are required by contract, agreement or permit to provide B. Paragraph C. of this endorsement replaces primary and non-contributory coverage for paragraph 4. Other insurance of Section lV® the additional insured, provided such written Product B-Comp let ed Operations Liability contract, agreement or permit is fully Conditions, but only with respect to the executed prior to an 'occurrence" In which insurance afforded to the additional insured(s) coverage is sought under this policy,and scheduled above. 2® Does not apply to any d aim, loss or Ii bil ity due to the sole negligence of the additional C. Other Insurance insured. Notwithstanding other valid and cot Bollble insurance available to the insured for a loss we IF-G-G-0094 02 12 Includes copyrighted mat8rial of Page I of I ISO Properties, Inc., with permission V/ Policy Number BAP551899200 COMMERCIAL AUTO CA R053 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. A. Changes In SECTION 11 - LIABILITY COVER- (1) 180 days following acquisition or for- AGE mation of the business entity; 1. The following is added to paragraph 1® Who (2)You report the new entity to us; Is An Insured Provision: (3) End of the policy period. d. Any person(s) or organization(s) you are This clause, known as the Broad or required by written agreement or written contract or permit to include as an addition- Named Insured clause®does not apply to al insured® but only with respect to their le- any person or organization for which cover- gal liability for acts or omissions of any per- age is excluded by endorsement. son(s) or organization(s) for whom Liability This Broad Form Named Insured clause Coverage is afforded under this policy ex- does not apply to any"acciden C'which oc- cept. curred before you acquired or formed the (1) To "bodily injury", "property damage" new entity. or"covered pollution cost or expense" This policy is excess over any other collect- arising out of the sole negligence of ible insurance which provides coverage for the person(s) or organizalion(s) in- any newly acquired or formed entity. cluded as an additional insured; If. Any"employee"of yours is an"insured" while using a covered"auto"you don't own, (2) To"bodily injury"or"property dam- hire or borrow in your business or your per- age" not caused, in whole or in part, sonal affairs, This coverage is excess to by you or by those acting on your be- any other collectible insurance coverage. half, 2.The following sections of paragraph A.2.a. (3) To any person(s)or organization(s) Supplementary Payments are revised as fol:- who are an additional insured only lows: because of this endorsement or a cer- (2) Up to 83,000 for cost of bail bonds lift to of insurance; (including bonds for related traffic law (4) To any railroad named as an addi- violations)required because of an tional insured whether by agreement, "accident"we cover. We do not have contract or permit. to furnish these bonds. a. Any business entity newly acquired or (4)All reasonable expenses incurred by formed by you during the policy period pro- the"insured"at our request, including vide d you own 50%or more of the business actual loss of earnings up to 5350 a entity and the business entity is not sea- day because of time off from work, rately insured for Business Auto Coverage. Coverage under this provision is afforded on- ly until the earliest of the following: CA R053 03 11 Includes Copyrighted Material of Insurance Services Offices, Page I of 4 Inc,,with its permission, Policy Number BAP551899200 B.Changes In SECTION III- PHYSICAL DAMAGE (d) Costs for extended warranties, Credit COVERAGE Life Insurance, Health.Accident or 1. Paragraph A-2.Towing is replaced by the fol- Disability Insurance purchased with lowing; the loan or lease, and Unless otherwise excluded or not covered (e) Carry-over balances from previous we will pay up to$100 for towing and labor loans or leases, costs incurred each lime a covered "auto"of d® Hired Auto Physical Damage Coverage the private passenger type is disabled, (1) If this policy covers Comprehensive, However, the labor must be performed at Specified Causes of Loss or Collision the place of disablement, Coverage for any"autd'you own,cover- 2. Paragraph A.4.a. Coverage Extensions is re- age is extended to include the same placed by the folllowvng: Physical Damage Coverages, including a.Transportation Expenses the largest deductible(s), to include any We will pay up to 550 per day to a maxi- `auto®°you hire or borrow, This exlen- mum of S1,500 for temporary transportation sion does not apply to"autos"you hire or expense incurred by you because of the to- borrow with a driver, tal theft of a covered "auto" of the private (2) The most we will pay for"loss"in any passenger type. We will pay only for those one"accident"is.the lesser of, covered "autos" for which you carry either (a) The actual cash value of the dam- Comprehensive or Specified Causes Of aged or stolen property as of the time Loss Coverage, We will pay for temporary of the"loss", or transportation expenses incurred during the period beginning 48 hours after the theft (b) The cost of repairing or replacing the and ending, regardless of the policy's expi,,- damaged or stolen"auto"with other ration, when the covered "auto" is returned property of like kind and quality, to use or we pay for its"loss", (c) S50,000, 3. The last paragraph in A.4.b. Coverage xten- (3) An adjustment for depreciation and sions is deleted in its entirely and replaced by, physical condition will be made in de- b. Loss of Use Expenses termining actual cash value in the event However, the most we will pay for any ex- of a total"loss", penses for loss of use is $65 per day,for a (4) If a repair or replacement results in bet- maximum of 51,950. ter than like kind or quality,we will not ®The following are added to paragraph A-4. pay for the amount of the betterment. Coverage Extensions, (5) The following are deemed to be covered 11autos"you own. c.Auto Loan/Lease Gap Coverage (a)Any covered "auto" you lease, hire, In the event of a total "loss"to a covered rent or borrow, and private passenger"auto"to wh'tch physical (b)Any covered"auto"hired or rented by damage coverage applies,we witi,pay any your"employee" under a contract in unpaid amount due on the lease or loan for that individual"employee's"name a covered"auto", less. with your permission,while perform- (1)The amount paid under the Physical ing duties relating to the conduct of Damage Coverage Section of the policy; your business. and, e.The Expenses (2) Any: If a stolen "auto" is insured for liability (a) Overdue lease/loan payments at the only under this policy we will pay up to time of the"loss 5500 for the expense of returning that (b) Financial penalties imposed under a covered "auto"to you, lease for excessive use, abnormal f. Personal Effects Coverage wear and tear or high mileage; For any owned"auto"that is involved in (c) Security deposits not returned by the a covered"loss",we will pay up to 5500 lessor-, for"personal effects"that are lost or damaged as a result of the covered "loss",without applying a deductible, Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 03 11 Inc.,with its permission. Policy Number BAP551899200, 5. Paragraph B.3,a.Exclusions is replaced by This coverage applies only to a covered the following: .,auto" of the private passenger, light truck a.Wear and tear, freezing, mechanical or or medium truck type (20,000 lbs or less electrical breakdown, This exclusion gross vehicle weight) and does not apply to does not apply tot accidental dis- initiation or set up costs associated with charge of airbags, loans or leases, 6. Exclusion .4.a®,pertaining to Tapes, Records 8.The following are added to D. Deductible: and is Coverage, is replaced with the fol- a, Glass Repair®Waiver of Deductible lowing: No deductible applies to "loss" to glass a. If this policy covers Comprehensive, used in the windshield, doors and windows Specified Causes of Loss or Collision if it is repaired instead of replaced. Coverage for any"auto"you own,we will b.Walver of Collision Deductible ® Parked pay for"loss"to[apes, records,discs or Car other similar devices used with audio, vis- If a covered "auto" is legally parked and in- ual or data electronic equipment. We will curs a "loss"due to a collision, the Collision pay only if the tapes, records, discs or Deductible shown in the Declarations will be other similar audio, visual or data elec- tronic devices: waived. (1)Are your property or that of a family c. Multiple Deductibles member, and In the event of any occurrence resulting in a (2)Are in a covered "auto"at the time of "loss" covered under more than one of the Oloss", coverages provided under paragraph A. The most we will pay for"loss"is 5200. Coverage of SECTION III - PHYSICAL DAMAGE COVERAGE including the cove- We will not pay for"loss"or damage rages under 1362., B.3. and BA. of this en- caused by marring, scratching, wear and dorsement, the deductibles shall be applied tear or mechanical or electrical break- as described in (1)or(2) below; down- (1) If all applicable deductibles are equal in No Physical Damage Coverage deducti- amount, that amount will apply only once ble applies to this coverage, for all losses from each occurrence. 7.The following is added to C. Limit of lnsur� We will add the amount of loss from all ante® applicable coverages and subtract the New Vehicle Replacement Cost deductible from the total. in the event of a total loss to your "new ve- (2) If all applicable deductibles are different hicle"to which physical damage applies, we amounts, we will use the method de- will pay at our option scribed in(a)or(b)below which results (1) The verifiable"new vehicle"purchase in higher total payment to you. price you paid for your damaged vehicle, (a)We vhll apply each deductible to the not including any insurance or warranties loss for the coverage to which it ap- purchased, plies; or (2) The purchase price, as negotiated by us, (b)We wilil add the amount of loss from of a new vehicle of the same make, all applicable coverages and subtract model and equipment, not including any from the total the largest applicable fu rn ish i ngs, parts or equipment not in- deductible. stalled by the manufacturer or manufac- This Multiple Deductible clause applies turer's dealership. If the same model is separately to each covered"auto", not available pay the purchase price of C. Changes In SECTION IV®BUSINESS AUTO the most similar model available; CONDITIONS (3) The market value of your damaged ves 1. Paragraph 2aa® of Duties In The Event Of hicle, not including any furnishing, parts Accident Claim, Suit Or Loss is deleted in its or equipment not installed by the manu- entirety and replaced by: facturer or manufacturers dealership. a. In the event of"accident", claim, "suit" or "loss", you must give us or our authorized CA R053 03 11 Includes Copyrighted Material of Insurance Services Offices, Page 3 of 4 Inc,,with its permission, Policy Number BAP551899200, representative prompt notice of the"acci- has not been previously tilled and is less dent®or"loss", Include, than 365 days past the purchase date. (1) How,when and where the "accidenl!'or R. "Personal effects"means your tangible "loss"occurred; property that is worn or carried by you, ex- (2) The"insured's"name and address, and cept for tools,jewelry, money or securities, (3) To the extent possible, the names and addresses of any injured persons and witnesses, Your duty to give us or our authorized rep- resentative notice of the "accident", claim, "suit*` or "loss", applies only when the "accj� den[",claim, "suit"or"loss", is known to, (1)You, if you are an individual,- (2)A partner if you are a partnership:, (3)A member if you are a limited liability company, or (4)An executive officer or insurance man- ager, if you area corporation. 2. The following is added to A.5.Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogatlon); If a written agreement,written contract or permit requires that you waive any right of recovery against any person or organization we also waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of an"accident". 3. The following is added to paragraph A. Loss Conditions. 6. Any agreement, contract, lease or permit requiring: a.You to include any person or organiza- tion as an additional insured; or ® You to waive your rights of recovery against any person or organization; must be signed prior to an"accident", 4. The following is added to B.2. Concealment, Misrepresentation Or Fraud: If you unintentionally fair to disclose any ha- zards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exer- cise our right of cancellation or non- renewal, D. Changes in SECTION V ®DEFINITIONS 1.The following definitions are added- Q. "New Vehicle"means.any"auto"of which you are the original,owner and the"auto" Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 03 11 Inc.,with its permission, WORKERS'COMPENSATION AND EMPLOYER' S TexasKu4- LIABILITY INSURANCE POLICY COMP111Y 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 Its 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 t o o btain this waiver from us. This endorsement shall not operate dl or Indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown In the Schedu I e, Schedule I., Specific Waiver Name of person or organization X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be, 1,00 percent of the premium developed on payroll In connection with work performed forte above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This mWomement changes the policy to which it Is attached effective on the Inception date or the polley unless a different date is Indicated below, (The follw4ng"allaching need be completed only when this andorsement Is Issued subsequent to preparation of the pollay.) This endorsement.effective an 7 at 12:01 A.M.standard time,f a part of Folic e. TSF-0001197350 20130109 oft e Texas Mutual Insurance Company Issuedto HIGHWAY BARRICADES AND SERVICES LLC Enclorsernent No. Premium$ A(/-,-� Authorized Representsfive W0420304A tED.1-0 1-2000) INSURED'S COPY OUSE R 12-28-2012 EPOLIO NAMEPOLICY NUMBER: I-IGI-00 3311 89 Y I U' NAMED INSURED: Highway Barricades&ServlceE, LLO 1148 11 _ 'E COMPANY. The Burlington Insurance Company NSURANWr PRODUCE;Ur 'ER RODUCER Woodi"s Insuranoe Servilo-es,L,L,C. P 0641 AMENDMENT - CANCELLATION NOTICE 'rype of Policy* Schedule '- " ' "o� Commercial General Liability Policy Term, Effective Date Expyratlon Date rn i 2/2V2012 12122/2C1 3 M81I GO"Cellallon Notice to: Ity o orpus nsti R 0, Box 9277 N errs Eby c f D in rni I ds 9 Me t'Oda a for Non-P an[of rernlum. We shall undeavor to mail Written notice of canualladon, but failure Ic do so shall Impose w oanoollation to the entity(les) listed In the obligation of liability of any kind upon us, oul, schedule above giving the number of days agents, or our representatives® shown above in advance of the date of ALL OTHER TERMS-AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. ir-G-1-0156 11100 Issue ate® 0111812013 POLICY NU S R, BAP551899200 INTERLINE IL R026 0112 THIS THE POLICY. L IT CAREFULLY. This endorsement Modifies Insurance provided under the following, COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND ARi PART COMMERCIAL LIAR ILI UMBRELLA COVERAGE RAIN CONDOMINIUM IR TORSA D OFFICERS LIABILITY CRIME FIDELITY V PART LIQUOR LMILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FART PRODUCTS/COMPLETED OPER Tf NS LIABILITY O AGE PART !td respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ffled by the endorsement, This endorsement chan ges the pcI cy effect ve on the incepttan date of the policy unless anolhar dale is Inalcaled below. Endorsement Effective, 09C11f1 unlerslg d V Named Insured,Highway Barricades& Services LL 'Authorized Recresentative SCHED L Number of Days' Notice. (a) Non-payment yment ®f premium: days ( )Any redden other than non4 of prerniurn: 30 ct ys Name Of Person Or rgani atlont City of Corpus Christi Address: P. .. Box 9277 Corpus Christi,TX 76469®9277 If this policy Is canceled by us, we g ill mail notice or cancellation to the person or organization named In the Sche. duce, We 41 give the number of day's notice Indlcated In the Schedule, IL R026 0112 linclu es copyrighted material of Insurance Services Of ce, I'.nc;, vulth Its permission, Pa go 1 of 1 i 4(4 d ENSN ER A ND EMP LO YS Texas ATIO INSURANCE POLICY WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This ondorsernent applies only to the Insuirance provided by the policy because Texas is shown in Item 3,A, Information Page. of the 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 ched I, Number of days advance notice: Sule 2. Notice will be mailed to- CITY OF CORPUS CHRISTI P. O, BOX 9277 CORPUS CHRISTI , TX 78469-9277 Tft endarament changes the Policy to whch It Is attached effective cn the Ir—ception dale o"ti Policy unless a d fferent date Is triftaled below. (The FoL'awing"attaching a 'neeu he corn plater,onl'y'Mien fts endorser-lent'ts issued subsement to Preparation of the This endorsement,effective on t tember 17, 2013 at 12 01 AM standard time,forms a part or Policy No Tsr-0oollg7350 201301og of the Texas Mutual Insurance Corripany Issued to HIGHWAY BARRICADES AND SERVICES ILLC EndOrsoment No. 4 PrerdlUrn S 0 00 Authorized Representative WC420801(ED.11-94� INSURED'S COPY WASENDRS 9-17-2013 WORKERS' COMPE NSATI ON AND TexasKuLu ' EMPLOYERS LIABILITN Y ISURANCE POLICY ENDORSEMENTSCHEDULE EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED POLICY NUMBER HIGHWAY BARRICADES AND SERVICES LLC TSF-0001197350 20130109 7775 LEOPARD ST CORPUS CHRISTI , TX 78409-2020 ISSUE DATE 9-17-2013 TE'" 30 ENDORSEMENT 8CHEDULE EDITION n-wrr NVABER DESCRIPTV4 DATE 42 TM-LRC-2008 LIMITED REIMBURSEMENT COVERAGE 1-01-2008 42 PC-2003 POLICY CONDITIONS ENDORSEMENT 3-25-2003 42 TM-MV-2011 MUTUAL ENDORSEMENT FORMS 1-01-2012 42 TM-TRIPRA-2008 TERRORISM RISK INSURANCE PRO G 1-01-2008 42 TM-TPE-2008 TERRORISM PREMIUM ENDORSEMENT 1-01-2008 42 WCOG 00 COB WORKERS COMPENSATION AND EMPLO 7-01-2011 42 WCOO 00 01A WORKERS COMP/EMPLOVERS LrAB 7-01-2011 42 WCOO 03 01 ALTERNATE EMPLOYER 1-01-1994 42 VICOO 04 06 PREMIUM DISCOUNT 1-01-1994 42 WC42 03 0 1 F TEXAS AMENDATORY 1-01-2000 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 3-23-2002 42 WC42 04 08 NETWORK DISCOUNT 4-15-2006 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1-01-11994 42 WC42 03 04A TX WAIVER OF RIGHT TO RECOVER 1-01-2000 This endorsement chang&3 the policy to wh!ch It Is attached effective on the inception date of tire Po icy un:essa different dale Is Indicated below (The f0ownq'attaching dame"need be compleied Only when tg�is endorsement is Issued subsequert to preparaUon f-,,J(tie policy,) This endorsement,effective on Septamber 17 , 2013 at 1101 A.-M-standard time,forms apart of Policy No TSF-0001197350 20130109 oftheTexas Mutual Inaurance Company Issued to HIGHWAY BARRICADES AND SERVICES ILLC Endorsement No. 4 Premium S 0.00 Authorized Representative WC IA(ED ?-11) INSURED'S COPY WASENDRS 9-17-2013 WORKERS'COMPENSATION AND EMPLOYERS Texas LIABILITY INSURANCE POLICY patsy WC 99 03 01 The policy to which this endorsement Is attached is amended as shown bel ow� FORM WC42 06 01 (TX NOTICE OF MATERIAL CHANGE) IS ADDED This endorsemeril changes the policy to vdijOh a Is attached effective on the inception date cat the pciicy un.ess a different date Is Indicated be¢ow, (The fo:1mving'altaching clausU'rieed be completed only when IN&endorsement is ssigsd subsequent to preparation of the pollcy.) This e"dorsernent,effective an Sap tombor 17 , 2013 at 12.01 A M.stanuasd 1,fire,forms a part of Policy Na, TSF-0001197350 20113131012 of the Texas MUtUal Insurance Company Issued to HIGHWAY BARRICADES AND SERVICES LLC Endorsement No. 4 Premium$ O,UD Authorized Representative W0990301(ED.1-94) INSURE 'S Copy WASENDRS 9-17-2013