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C2013-371 - 11/19/2013 - Approved
2013-371 • 11/19/13 M2013-173 Jhabores Construction Co., Inc. S P E C I A L P R O V I S I O r, S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO . 4 - SH 286 WATER LINES AND VALVES ADJUSTMENTS PROJECT NO . E13066 Prepared by RVE, Inc. TBPE Firm Reg. No. F-2037 820 Buffalo Street Corpus Christi, Texas. 78401 ;h RVE, Inc. Phone: 361/887-8851 engineering - surveying Fax: 361/887-8855 TBPE Firm Reg. No. P-2037 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS { Phone: 361/826-3500 Fax: 361/826-3501 - 5 •• •,' 0 flj NMNI. {i0 SCOTONES. •. � N/N elm NNN� Corpus Chr sti �'4p •.TF0 �4PR:ai Engineering ***X�w 'o ' PROJECT NO: E13066 ' DRAWING NO: WTR 441 I l 1: ID/IQ TXDOT PARTICIPATION PROJECTS, - TASK ORDER NO. 4 - SH 286, WATER LINES AND VALVES ADJUSTMENTS 1: (PROJECT NO. E13066) Table of Contents 1: NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) 1: Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Insurance Requirements PART A - SPECIAL PROVISIONS I: A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award I: A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals 1: A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) 1: A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals I: A-16 Disposal/Salvage of Materials A 17 Field Offico (NOT USED) A-18 Schedule and Sequence of Construction I: A-19 Construction Staking A-20 Testing and Certification A 21 Project Sign° (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1: A 23 Inopcction Required (NOT USED) A-24 Surety Bonds A 25 Salc° Tax Exemption (NOT USED) (6/11/98) A-26 Supplemental Insurance Requirements I: A 27 Rcoponoibility for Damage Claim° (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements I: 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-_ (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" 1: A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates I: Rev. 8/03 Page 1 of 4 is I A 11 Ozonc Advicory (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification& Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Dewatering/Well Pointing A 52 Electrical Submittal of Bido (NOT USED) A 53 Vidco Documcntation (NOT USED) A-54 Trench Safety A 55 Confincd Spacc Entry Rcquircmcntc (NOT USED) A-56 Pavement Restoration and Project Clean Up A-57 Re-routing of Traffic During Construction A-58 Restoration of Private Property A-59 Access to Private Property A-60 Pipe Trench Bedding and Backfill A-61 Stormwater Pollution Prevention A-62 Dust Control A-63 Noise Control and Working Hour Restrictions A-64 Other Accessibility Requirements I/ A-65 Maintenance and Control of Wastewater Flows A-66 Coordination with AEP, AT&T, and Other Utility Companies ATTACHMENTS • ATTACHMENT 1: Required Submittals I/ • ATTACHMENT 2: Submittal Transmittal Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021080 Removing Old Structures 022 EARTHWORK 022022 Trench Safety for Excavations I 026 WATER 026202 Hydrostatic Testing of Pressure System 026210 Polyvinyl Chloride Pipe - AWWA C900 & C905 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026406 Private Water Service Lines 026409 Tapping Sleeves and Tapping Valves 026411 Gate Valves for Water Lines Rev. 8/03 Page 2 of 4 I 1: PART T - TECHNICAL SPECIFICATIONS 010 GENERAL 010000-T Mobilization and Bonds 022 EARTHWORK 022020-T Excavation and Backfill for Utilities 022100-T Select Fill 1: 022420-T Silt Fence 025 ROADWAY 025212-T Limestone Base 025802-T Temporary Traffic Controls during Construction 026 WATER 026206-T Ductile Iron Pipe and Fittings 030 CONCRETE 030020-T Portland Concrete Cement LIST OF DRAWINGS 1. TITLE SHEET 2. LEGEND, GENERAL NOTES, TESTING SCHEDULE, & SEQUENCE OF CONSTRUCTION 1: 3. SHEET LAYOUT AND ESTIMATED QUANTITIES 4. TYPICAL TRAFFIC CONTROL 5. WATERLINE DEMOLITION AT J. C. ELLIOT LANDFILL 6. WATERLINE DEMOLITION ON SH 286 (1 OF 3) 1: 7. WATERLINE DEMOLITION ON SH 286 (2 OF 3) 8. WATERLINE DEMOLITION ON SH 286 (3 OF 3) 9. WATERLINE DEMOLITION AT GALLOWAY POOLS 1: 10. WATERLINE INSTALLATION AT GALLOWAY POOLS 11. WATERLINE ADJUSTMENT AT SH 286 AND FM 43 12. WATERLINE ADJUSTMENT ON SH 286 (1 OF 3) 13. WATERLINE ADJUSTMENT ON SH 286 (2 OF 3) 1: 14. WATERLINE ADJUSTMENT ON SH 286 (3 OF 3) 15. STANDARD WATER DETAILS (1 OF 5) 16. STANDARD WATER DETAILS (2 OF 5) 17. STANDARD WATER DETAILS (3 OF 5) 18. STANDARD WATER DETAILS (4 OF 5) 19. STANDARD WATER DETAILS (5 OF 5) 20. BEST MANAGEMENT PRACTICES NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND 1: Rev. 8/03 Page 3 of 4 L /I ATTACHMENTS I • ATTACHMENT 1: FORM WS-1 • ATTACHMENT 2: FORM W-2 I I/ l 11 I I I 1 I 1 I t I I Rev. 8/03 Page 4 of 4 I • 5: • a A ... .. .. H H W U H. E"I�'/� , • IMO aliill 116111 iii..-0 '�trrr .� '' 'y iii NOTICE TO BIDDERS 1: Sealed proposals, addressed to the City of Corpus Christi, Texas for: ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO. 4 - SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) consisting of waterline adjustments on SH 286 from the J. C. Elliot Landfill to 3, 000' past FM 43; including removal of approximately 7,000 linear feet of the existing waterline and installation of approximately 2,200 linear feet of new waterlines. All water infrastructure will be constructed in accordance with 1: the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, September 18, 2013 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A Pre-Bid meeting is scheduled for 10 a.m. on Tuesday, September 10, 2013 , and will be conducted by the City. The location of the meeting will be the Department of 1! Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. All requests for interpretation shall be made in writing to the Engineer no later than 24 hours following pre-bid meeting. Inquiries made after this period will not be addressed. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary 1! E Revised 7/5/00 I a Mil "1 411111 ._1010 _sag 4011/- midi.... . . . . .. N O Z • ':: M 1: I: NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS 1: Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the g P g following amounts is required: I: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE I: 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE I! Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations I: 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 1: 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury I: 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 I: EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT I: PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED I: discharge; to include long-term © NOT REQUIRED environmental impact for the disposal of contaminants ll BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED I: Page 1 of 2 C I I OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. I OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor 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 826-3500. I I I 11 I I I I I Page 2 of 2 1 I C , ••.•••••.‘••-• ••••4, .. .. . . . . .• ... . . . . .. . •• . •••.• •• ... •• .•.... 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I . •..• ..,..... . ...,......... . : :.•.. . . ..4 . . •.: „ , . .. . . .. .. .. .. . . . ..• • ••,.. :. . • . ... . . :.. . ....,,.... • ..... .. 4 . ... . ..: ,.....: • .. . • .• .• . .... .. . . . . . ... „. . .,..:: .. .... . .. ... . . . • • •• •• •...••...:......... .•• •. .. ...: . ... . . . . ... . .,. , . .... ..... .. ::... . . ... . ..... • .•••".:.....:.... :.•. .. .... ,. ........... :•,.:.. •• .: • .. •,..,...:„.. ..,• .. .:4.:.. :.• . . , ... . . .. • .4 :. 4. . ....:.. . •,: . : • .......•....... . . . , .. .:.•%... .•..• :•...... ... .....:.:... . ,.•„....•.•. ... : ... ... ... . . . .. .: . . . , . .•• • .• . ..: . ... • • . . .. • •,..... . . , , , ., .:..,.. ...............,.: ..4.... . ,..:„..:.,... .......:..,... . . • ....,.: .:........:..:.,,,,...,,....,..............:..:. ... . . . . ..:.....•.. ..4,.. . .: . ...:...:. . .. . . . I ... ...., •........:...:..... .:7 .,:- I • E r. . • • . ......... .. . ..... .,... .. •:, . , .....:.:.‘, .. . .....„,. .. .,,. ..... .. :. .. .:.... : . ...,. .. ,......... ... . . . . .:, ...,.. ..: . .„ .... .... . ,... ..,.,..: . . . .. ..,., . . . : .. ... ... . ••• •• • .. . • .••.• . ... .: :.........:.• ...:, . ,••••.... ...: .. • :::. ... •.• .. . • :.. • . .,,,....„.:, . : ....::: :...... ......:.•... . . .. •:• .,:. • .. . • ... .."..,. .. ...:•: ... .•.... . ..:. • •.• ••:..: . .••: :::. • ::..• . . . .... I .'e ., • ' ■ • NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE E REQUIREMENTS t Page 1 of 11 I Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110. Reporting Requirements for Building or Construction Projects for Governmental Entities (a)The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1)Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers'compensation coverage agreement(TWCC-81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement)providing services on a project, for the duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act,pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6)Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7)Persons providing services on the project("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections(h) and(i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. 1 Page 2 of 11 I C "Services" includes but is not limited to providing,hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8)Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties, civil penalties, or other civil actions. (c)A governmental entity that enters into a building or construction contract on a project shall: (1)include in the bid specifications, all the provisions of paragraph(7) of this subsection,using the language required by paragraph(7) of this subsection; (2) as part of the contract,using the language required by paragraph(7) of this subsection, require the contractor to perform as required in subsection(d) of this section; (3)obtain from the contractor a certificate of coverage for each person providing services on the project,prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period,if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5)retain certificates of coverage on file for the duration of the project and for three years thereafter; (6)provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7)use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached (1: Graphic Page 3 of 11 C I I (d)A contractor shall: I (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4)obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage,prior to that person beginning work on the project, so the 3 governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C)include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 I C (D)provide the contractor,prior to the end of the coverage p eriod, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H)contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project, other than a contractor, shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3)have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage,the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4)provide the person for whom it is providing services on the project,prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage,prior to the other person beginning work on the project; and (B)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 C I I (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, I for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the project; 1 (C) include in all contracts to provide services on the project the language in paragraph(3) of this subsection; (D)provide,prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H)contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a I governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of 11 I C C (h)The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c,to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i)The coverage requirement in this rule does not apply to sole proprietors,partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors,partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. C Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 C C C C C C C C I Page 7 of 11 C 1 I T28S 110.110(d)(7) I "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I I I I I I I I i I Page 8 of 11 I C C T28 S 110.110(c)(7) C Article . Workers'Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. C Page 9 of 11 C F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall 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 person providing services on the project. H. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; • (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs(1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10of11 1 C Insurance Regulation. Providing f alse or misleading in f ormation may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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C •”••• ••• .. .. • • • • C ' E .., • • .. , •• • .... .. . • i .......:. ......... . .....::• • . .........:.:.... :....• ..,..4.•. .. • .... , • .:.•:..:•..••••..:•• . ..4.: - . - -. • ••••..••... • .• • • ...:•:."•••••••,••••• •... ,,....:•• ... . " :,.:,:.:..,.•:. ••:.• .......: -:•• • . , . . • • ... • •• . •: E • ... .2%. .. . . . :.:.2.••• :. ••• :,.. • • •. •••••.."•..%.•:...• .. •• . •..•••...: ..:... ..:.•••• . .„::,...... . • :••••••:.,•:.:::. . . •.• •::.:• ••• • • • . • • ••• •• .. •• . ,...., .. •..•. . .. , ..• .. • ....:•• ••••• .•• .. .... .• ..,........ f SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting 1: Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 PM on Wednesday, September 18, 2013. Proposals mailed should be addressed in the following 1: manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street [�y Corpus Christi, Texas 78401 ATTN: BID PROPOSAL — ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO. 4 - SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) 1: Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to the City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. 1: A pre-bid meeting will be held on Tuesday, September 10 , 2013 beginning at 10:30 a.m. The pre-bid meeting will convene at Engineering Services Main Conference Room, 3rd Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas, and will include a review : of the project scope. All requests for interpretation shall be made in writing to the Engineer no later than 24 hours following pre-bid meeting. Inquiries made after this period will not be addressed. No additional or separate visitations will be conducted by the City. A Bid tabulation will be available to Bidders once it has been compiled by the Consultant and provided to the City Engineering Department. 1: A-2 Definitions and Abbreviations • Section B-1 of the General Provisions will govern. • A-3 Description of Project ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO. 4 - SH 286 WATER LINES AND VALVES 1: ADJUSTMENTS (PROJECT NO. E13066)consisting of waterline adjustments on SH 286 from the J. C. Elliot Landfill to 3,000' past FM 43; including removal of. approximately 7,000 linear feet of the existing waterline and installation of approximately 2,200 linear feet of new waterlines. All water infrastructure will be constructed in accordance with the plans, specifications and contract documents; A-4 Method of Award 1: The bids will be evaluated based on the availability of funds and in the following priority order: 1. Total Base Bid LSection A - SP Page 1 of 27 C I 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. The City also reserves the right to negotiate additional quantities using unit prices provided in the Base Bid or Alternates. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO. 4 - SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day Base Bid J. C. Elliot Landfill to 3,000 45 $1,125 past FM 43 The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Any section of work not completed within the allotted contract time as shown in the breakdown above will be assessed liquidated damages as stated below. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, ONE THOUSAND AND ONE HUNDREDTWENTY FIVE DOLLARS ($1,125.00) per calendar day, will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. For the purpose of determining Liquidated Damages, the Contract Time will stop once Substantial Completion has been achieved by the Contractor. For the purpose of this contract, Substantial Completion is defined as the following: 1. All work items within the base bid, alternates, and approved change orders under this contract are completed and are serving their intended purpose. This includes the completion of the following: a. All lanes of traffic, intersections, driveways, sidewalks and ramps must be completed and open to the public and private ownerships including restorations of routes used for detour. Substantial completion includes all final surface course treatments for the roadway, all manhole and valve cover adjustments, and all landscape related items. b. All onsite and offsite storm water improvements including restoration and erosion control. Section A - SP Page 2 of 27 I 1 1: c. All underground utilities, appurtenances, and adjustments including water, wastewater, electrical conduit, and traffic signalization improvements (pedestrian signal heads & push buttons) . d. All permanent traffic controls including all striping, signage and 1: signalization are installed and all temporary traffic controls are removed. 2. Punch List items that do not affect the overall intended purpose of the project shall be excluded from the definition of Substantial Completion. When Contractor considers the entire Work ready for its intended use Contractor shall notify City in writing that the entire Work is substantially complete and request that the City issue a certificate of Substantial Completion. Promptly after Contractor's notification, City, Contractor and Engineer shall make an inspection of the Work to determine the status of substantial completion. If City does not consider the Work substantially complete, City will notify Contractor in writing giving the reasons and a detailed list of items that must be completed. The City shall not assess Liquidated Damages against the Contractor for any day after the City issues the certificate of substantial completion. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working 1: on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. 1: In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B- 2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. 1: 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. I Section A - SP Page 3 of 27 C i A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy (TX130031) and Highway Construction (TX130040) . Refer to Part C - Federal Wage Rates and Requirements. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using TEXAS 811, the Lone Star Notification Company at 1- 800-669-8344, and the Verizon DIG ALERT at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer RVE Inc. D. Scott Jones, P.E. 887-8851 Traffic Engineer 826-3500 Traffic Engineering/ Traffic Signals 826-1660 Police Department 882-2600 I/ Water Division 826-1881 (826-1888 after hours) Wastewater Department 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) Streets & Solid Waste Services826-1940 Storm Water Department 826-1875 (826-1888 after hours) Parks & Recreation 826-3461 AEP 299-4833 (693-9444 after hours) AT&T/SBC 881-2511 (1-800-824-4424, after hours) Fiber Optic Locate 826-3740 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) Century Tel 225/214-1169 (225/229-3202 after hours) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) Section A - SP Page 4 of 27 I 1 1: ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972/753-4355 1: Corpus Christi ISD 886-9005 TxDOT Area Office 808-2384 A-12 Maintenance of Services 1: The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much 1: field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features 1: sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. To by-pass the flow, connections to the existing facilities shall be made over the ground surface by means of flexible and/or rigid pipes. The pipes used for bypassing this flow shall be strong enough to resist traffic impact loads, and the size of the pipe shall be capable of handling the incoming discharge but cause minimum impact to traffic flow and safety. The construction of temporary gravity flow lines, forcemains, pumping equipment, plugs, flow diversion structures, etc. required to maintain and control system flows shall be the responsibility of the Contractor. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in 1: the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Replacement of existing box culverts must be done in such that there is a closed conduit for stormwater flow at the end of each day. The Contractor shall pay attention to the weather forecast during this phase of construction and shall not undertake any removal of storm infrastructure if there is any potential for rain. In the event an unexpected rain event occurs, the Contractor shall have a plan in place to seal the 1: storm water system to prevent erosion of the subgrade beneath the existing and proposed box culverts. 1: 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. 1: The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP Page 5 of 27 L I The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control arc considered subsidiary; therefore, no direct payment will be made to Contractor. All costs for traffic control plans, i.e. preparation of plans, approval and permit from City, and implementation of the plan on each site for the duration required will be included in the unit price listed in the proposal form. If the site needs any adjustments in the traffic control sign location, which may by required for safety of traffic and pedestrians, not additional payment for the implementation and enforcement shall be made to the Contractor. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipc, driveways, sidewalks, ctc., direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by I/ the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Ficld Offico (NOT USED) The Contractor must furnish the City Engineer or his representative with a field offieo useable space. The field office must bc air conditioned and h atcd and must be furnished with an inclined table that m asurca at least 30" x 60" and two (2) chairs. I/ separate pay item for the field office. Section A - SP I Page 6 of 27 I A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City 1: Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items, and be in conformation with the "Sequence of Construction" listed below: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 1: 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. PROJECT SEQUENCE OF CONSTRUCTION 1. Remove existing waterlines and appurtenances on SH 286 from Oso Creek to the South (Sheet 8) . 2. Install proposed water service line to Galloway Pools and connect to existing private water service line (Sheet 10) . 3. Remove existing waterline and appurtenances at Galloway Pools (Sheet 9) . 4. Install proposed waterline on SH 286 on the south side of FM 43 (sheets 12 thru 14) . 5. Remove existing waterline on SH 286 on the south side of FM 43 (sheets 12 thru 14) . 6. Remove existing waterlines and appurtenances on SH 286 from Oso Creek to the North (Sheet 6 & 7) . 1: 7. Remove existing waterline and appurtenances at J. C. Elliot Landfill (sheet 5) . 8. Install proposed waterline and remove existing waterline at SH 286 and FM 43 (sheet 11) , in accordance with installation procedure below. The existing waterlines may not be shut off while London Independent School District (year-round school) is in session. Connections shall be made during the weekend, an intersession/holiday, or at night. Coordinate anticipated water shut off with the City and London Independent School District. a. Proposed 16" waterline (with 36" diameter casing) and 8" waterline shall be installed to within one (1) pipe joint of connections to the existing lines and tested. b. Coordinate waterline testing with the city and perform testing. c. Coordinate water shut off for connections with the City. d. Turn off water, perform connections, and turn on water immediately. e. Install 36" diameter split casing around the final 16" pipe joint at the connection. f. Remove all existing waterlines and appurtenances between proposed connection points. * Installation and removal of waterlines at SH 286 and FM 43 can be performed out of the sequence of construction to expedite work during a period when London Independent School District is not in session. Section A - SP Page 7 of 27 1: t Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List) : (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As- Built plan preparation with A/E Consultant) . (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, O&M manuals (in electronic format as required) , SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) If CDBC projcct, all fcdcral forms complctcd and cubmittcd (8) Final Acceptance Memorandum prepared by Administrative Assistant. (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. (12) Authorization for payment (AFP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project) . (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum) . I/ City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. Section A - SP I Page 8 of 27 I 1: A-19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. 1: The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by the A/E Consultant. 1: The contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench 1: mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense rr of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer 1: to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. firIN Following is the minimum schedule of documentation required: Streets and Drives: • All curb returns at point of tangency/point of circumference; • Curb and gutter flow line both sides of strcct on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes and grinder station; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: • All top of valves box; • Valves vaults rim; 1: • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: • All rim/invert elevations at manholes; Section A - SP Page 9 of 27 L See Special Provisions A-45 "As-Built Dimensions and Drawings" for additional requirements. A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective Measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A 21 Project Ci gn3 (NOT USED) Thc Contractor must furnish and install two (2) 4x8 MDO Plywood Projcct Signs (to be provided by the City) as indicated on Attachment No. 1 Drawing. Thc signs must be installed bcforc construction begins and will be maintained throughout thc Projcct period by thc Contractor. Thc location of thc signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . Section A - SP I/ Page 10 of 27 I I I: (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 1: 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . I: 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as IM the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. 1: d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and I: 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. 1: f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For I: example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals 1: a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: IN Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45� 15%b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's I: percentage is prohibited. 4. Compliance I: a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. I: Section A - SP Page 11 of 27 E 11 b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A 23 Inspcction Required (Revised 7/5/00) (NOT USED) The Contractor shall assure thc appropriate building inspections by thc Building Inspection Division at thc various intervals of work for which a permit is required and Contractor must obtain thc Certificate of Occupancy, when applicable. Section B C 2 of the Ccncral Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A 25 Salon Tax Exemption (NOT USED) Section B 6 22, Tax Exemption Provision, is deleted in its entirety and the following Contracts for improvements to real property awarded by the City of Corpus Christi do not qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax I/ Administration of Title 34, Public Finance of the Texas Administrative Codc, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. I/ If the Contractor elects to operatc under a separated contract, he shall: Section A - SP I/ Page 12 of 27 I t 1: 1. Obtain the necessary sales tax permits from the State Comptroller. 2. Identify in the appropriate space on the "Statement of Materials and Other Charges" in the proposal form the cost of materials physically incorporated into 1: the Project. 3. Provide resale ccrtifi atcs to suppliers. 4. Provide the City with copies of material invoices to substantiate the proposal value of materials. If the Contractor does not elect to operate under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Cubcontractors are eligible for sales tax exemptions if the subcontractor also complies 1: with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, 1: the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 1: Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 1k The Contractor shall provide to the City Engineer the signed endorsements, or copies �y thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the ' Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: 1 Contractor agrees to indemnify, save harmless and defend the City, its (�Ir agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on Section A - SP Page 13 of 27 I 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.• -- _ - (NOT USED) aragraph (a) General Liability of Section B 6 11 of the General Provisions is amended to include: I Contractor must provide buildcr'3 ri3k in3urancc coverage for the term of the including the date the City finally accepts the Project or deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years of recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, I/ scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out I/ procedures. Section A - SP I/ Page 14 of 27 I ry 1: The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five (5) years of recent experience in oversight of projects of a similar size and complexity and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the 1: responsibilities of a foreman. (Foreman cannot act as a superintendent without prior approval of the City) . 1: Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, 1: the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 1: 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet 1: 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 t Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP Page 15 of 27 I I In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result fn an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements I Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: 1/ The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents I In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project; second precedence will be given to the Special Provisions; third precedence will be given to the construction plans; forth precedence will be given to the Standard & Technical Specifications; and the General Provisions will be given last precedence. Section A - SP 1/ Page 16 of 27 I 1 1: A. Visitor/Contractor Oricntation 1: Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of thcir cmployccs must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Dcpartmcnt Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Dcpartmcnt personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. 1: 1: The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other itcm relatcd to City water facility at any timc. All such items must be operated by an operator or other authorized maintenance employee of the City Water Dcpartmcnt. . C. Protection of Water Quality • The City muat deliver water of drinking quality to its customers at all C1r times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Dcpartmcnt to protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to Amcriclan National described in the Standard Specifications. Such matorial3 include all oolvonto, cleaners, lubricants, ga3kcts, thread compounds, coatings, or hydraulic oquipmcnt. Thcoc items must not be used unless they conform with ANSI/NSF Standard 61 and unless such itcm3 are 1: _ _ The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into 1: contact with potable water. E. Handling and Disposal of Trash 1: All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, 1: blue, or white. Each employee uniform must provide company name and C. Contractor shall provide telephones for Contractor personnel. Plant _- . ee o • ee o c. - - _- 1: Section A - SP Page 17 of 27 1 I. Contractor must not use any City facility rcotrooms. Contractor must provide own sanitary facilities. J. All Contractor vchicics must bc parked at dcsignatcd sitc, as dcsignatcd by City Watcr Dcpartmcnt staff. All Contractor vehicles must bc cl arly labeled with company name. No private employee vchicics arc allowed at O. N. Stcvcns Watcr Treatment Plant. All personncl must bc in company vchicics. During working hours, contractor employees must not leave thc dcsignatcd construction area nor wandcr through any buildings othcr than for rcquircd work or as directed by City Watcr Department perconncl during emergency evacuation. K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to the computer based monitoring and control system must be s- performcd only by qualified technical and supervisory personnel, a - but is not limited to, modifications, additions, changcs, selections, furnishing, installing, connccting, programming, customizing, debugging, or rcquircd by thcsc spccifi ationc. The Contractor or his subcontractor proposing to perform thc SCADA work must be able to dcmonstratc the following: system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and complexity as rcquircd in this Contract on at least three prior projects. 3. IIe has been actively engaged in the type of work specified herein for at least 5 years. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work rcquircd by this specifications. 5. He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, alibratc, and program the systems specified herein. 7. He shall furnish cquipmcnt which is the product of one manufacturer to the maximum practical extent. Where this is not practical, all cquipmcnt of a given type will be the product of one manufacturer. 8. Prior performance at the O. N. Stevens Water Tr atmcnt Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor shall product all filled out programming blocks rcquircd to show the programming as needed and rcquircd, to add these two systems to the existing City SCADA system. Attached is an example of the rcquircd programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the rcquircd sheets. The Contractor will provide all programming blocks used. L. Trenching Requirements All trenching for this project at the O. N. Stevens Water Treatment Plant shall be performcd using a backhoc or hand digging depending on the number of existing underground obstructions. No trenching machines shall be allowed Section A - SP I Page 18 of 27 I t: on the projcct. A-36 Other Submittals l: 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: 1: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall 1: also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal 1: Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s) , Itilk and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification 1: of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 1: f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 1: g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. 1: h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required I: by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to I: subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of : manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report I: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the Ir related equipment will not be approved for use on the project. jSection A - SP Page 19 of 27 I: t A-37 Amended "Arrangement and Charge for Water Furnished by the City" 1/ Under "General Provisions and Requirements for Municipal Construction Contracts", B-6- 15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. • _ _ _ _ (NOT USED) acceptance of the improvements undcr General Provision B 8 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozonc Advisory (NOT USED) Priming and hot mix paving operations must not be conducted on days for which an ozone about ozone alert. If a delay such as i s is cxperienccd, the day will not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations 1/ It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 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. Section A - SP I/ Page 20 of 27 I The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order 1: (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) The Contractor shall employ the services of a Texas Registered Public Land Surveyor (RPLS) throughout the construction period to survey the as-built horizontal and vertical locations of all valves, fittings, hydrants, road/ditch crossings, etc. installed during the construction period. At the completion of the construction but prior to final payment the Contractor shall provide the Engineer with RPLS sealed drawings and an electronic t: survey point file of the as-built construction. The horizontal and vertical datum used for the survey shall be the same as the Project datum. The horizontal and vertical locations of all below grade construction must be surveyed and recorded prior to trench backfill. Payment for this work shall be considered subsidiary to other bid items. (b) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (c) Upon completion of each facility, the Contractor shall furnish the City with one set of project drawings and specifications, marked with red pencil, 1, showing all deviations from the original plans, including any substitutions [{{ for the materials originally specified. Any deviations from the original plans or substitutions for the materials specified require prior approval from the Engineer. A-46 Disposal of Highly Chlorinated Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, " disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the 1: Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for ' disposal of contaminated water. A-47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. 1: For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and Section A - SP Page 21 of 27 t 1 vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be considered subsidiary to the utility cost unless a bid item is provided in the proposal. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8- 11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies I/ 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 Amended Prosecution and Progress 1' Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a late date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. A-51 Dewatering/Well Pointing This item is considered subsidiary to the appropriate bid items or ohall be m aourcd by the liner fcct of trcnch ao dcocribcd in Scction A 4 where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud Section A - SP I/ Page 22 of 27 I a, I entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berm(s) prior to entering the storm 1: water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving waters. Testing of groundwater quality is to be performed by the City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt 826-1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can 1: be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. In any event, the Contractor shall be required to take whatever steps necessary to provide a stable trench bottom for the installation of any structure or pipe. 1: A 52 Electronic Submittal of Bido (NOT USED) Thc following paragraph modifico Section B 2 7 "Preparation of Proposal", of thc art B 1: Thc bidder hao thc option of Submitting a computcr generated print out, in lieu of thc Propooal Form ( ages 1 through 16, incluoive) . Thc print out shall liot all bid items (including any additive or deductive alternatco) contained on thc Propooal Form ( agco 1: 3 through 13, incluoivc) . Thc print out ohall be oubotantially in the form attached on the following page to throe Special Conditions (Attachment No.2) . If the bidder ch000co to oubmit a print out, the print out shall be accompanied by properly completed Propooal Form paged 1, 2, 14, 15, and 16, In addition, the print out propooal ohall contain the following otatement and oignature, after the laot bid item: ' " (Bidder) herewith certifico that the unit pricco ohown on thio print out for bid items (including any additive or deductive alternates) contained on the Propooal Form are the unit prices intended and that ito bid will be tabulated uoing theoc unit pricco and no other information from this print out. (Bidder) acknowledges and agreed that the Total Bid amount ohown will be road ao ito Total Bid and further agrcco that the official Total Bid amount will be determined by multiplying thc unit bid price (Colman IV) shown (Column II) and then totaling the extended amounto. (Signature) (Title) 1: (Date) Section A - SP Page 23 of 27 I II A 53 Vidco Documentation (NOT USED) I As part of the project rcquircmento, the Contractor shall perform tcleviocd inspections of the entire length of any improvcmentd to any wastewater and stormwatcr lines for complete All inspections shall be recorded in color, adequately lighted, on Digital II IIfootage documentation portraycd on the screen. Cpccific requirements for the on scree__ Inspection Report format arc addressed in Tcchnica1 Specification Section 027610 T. Video documentation shall bo performed following backfill of improvcmcnto and prior to start of all otroct construction. The original and one copy of each insp-- ' _- ' _-_ - -for his and the City Wastewater Dcpartmcnt concurrent review for approval ch inspection video is completed. If the quality of the DVD's does not meet with the Engineer's/City's approval, the Contractor shall repeat the video documenting process, at no increase in contract price, until the video is acceptable. Approved DVD's will not be returned to the Contractor. The Contractor shall also make and retain one direct copy of the original DVD recording I of the results of the inspection. At the time of contract final inspection, the Contractor is to furnish the City Wastewater Dcpartmcnt the post- construction/rehabilitation DVD's in an organized m- -- suitable three ring binder, the coot of which is to be included in the applicable bid II item in the proposal. The work and materials will be considered subsidiary to other items in the proposal. - -_ _ -- bid proposal. A-54 Trench Safety I If the Contractor's proposed construction methods require the excavation of any trenches, access pits, or other below ground operations, such work shall be in compliance with all federal, state, and local requirements for trench excavation and II safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety" as shown in the proposal form. A-55 Confined Space Entry Requircmcnta (NOT USED) I Contractor will be required to comply with all OSIIA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated requirements for entry into these areas including compliance with OSIIA Regulation II (Standard 29 CFR) Permit Required Confined Spaccs 1910.14-6. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the Engineer with this certification information of any/all personnel who are doing confined space entry work. A-56 Pavement Restoration and Project Clean Up It is the intent of the plans and specifications that any and all areas within the limits of ht proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to Construction. Where asphaltic pavements are excavated or damaged, the replacement pavement shall as a II minimum conform to the pavements restoration detail shown on the plans (refer to "Trench Backfill and Pavement Repair" details for all pavement restoration) . If the excavated or damaged pavement section exceeds these requirements, they shall be replaced with the same types and thicknesses of materials as the existing pavement. Where concrete pavements, sidewalks, curbs, etc. are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications which are included as part of this Contract. If the excavated or Section A - SP I/ Page 24 of 27 11 L It damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure(s) . Restoration of all improvements as described above shall be made within 5 working days of the completion of the work, and shall be in accordance with applicable City Standard Specifications, as determined by the Engineer. All lawns or other grassed areas, concrete or asphalt driveway, landscaping, or other vegetation areas disturbed by construction operations for the items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. The Contractor may be required to perform "clean ups" of the entire project or sections of the project during the course of construction, as directed by the Engineer. Upon completion of construction, the Contractor shall perform a final clean up of the entire project, again as directed by the Engineer. All project clean up shall be considered subsidiary to the various bid items. Asphalt and Concrete restoration shall be included in the amount bid item as shown in the proposal. A-57 Re-routing of Traffic During Construction Typical Traffic Control Details for the work are included in the drawings for use by the Contractor, as necessary. It is the responsibility of the Contractor to provide a Traffic Control Plan (sealed by a registered Engineer in the State of Texas) to Texas Department of Transportation (TxDOT) and the City Traffic Engineer for approval. The plans should be submitted for approval two weeks in advance prior to implementation. The Traffic Control Plan submittals should be on the Standard 11"x17" plan sheets and 1: should be readable, legible, clean, proportionate, and to scale; and shall comply with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) , and the requirements of the TxDOT for roads under the jurisdiction of TxDOT. The Contractor shall secure the necessary permit from TxDOT and the City's Traffic Department. Any costs associated 1: with the implementation of the traffic control plan shall be included in the bid item as shown in the proposal. Additional information regarding approved traffic control devices and signing is available on TxDOT's website (http://www.txcot.gov/publictoins/traffic.htm) . A-58 Restoration of Private Property The Contractor shall confine his work to the public ROW as shown on the plans; however the possibility exists that repairs/construction activity may occur within private property. The Contractor shall restore any disturbed area to a condition equal to, or better than, existed prior to his construction. Restoration may included, but is not II limited to: 1. Re-Sodding existing lawns tO 2. Removing and replacing fences 3. Pruning damages trees or shrubs In the event that a property owner has some type of structure (i.e. storage shed, playground equipment, etc. ) within the required work area, the Contractor shall coordinate with the property owner and a City representative for the removal or relocation of these items. A-59 Access to Private Property As previously stated, it may be necessary for the Contractor to access Private Property for some of the work. In most cases, the private property is single-family residential lots that are developed. The Contractor shall coordinate all access with the property owner and will work closely with the owner and a City representative for all construction operations. The Contractor shall be required to video record the conditions that exist on the property with a City representative present, prior to performing any construction operations. Section A - SP Page 25 of 27 lb I If, in the course of work, it is necessary to temporarily remove any fences, the Contractor shall provide temporary fencing sot that the property owner's property is secure at all times. • . e - __ _ (NOT USED) The Wastewater Standard Details indicate * (asterisks) for project specific requirements. For this projcct the requirements arc as follows: 1. Bottom of Trcnch Above Croundwatcr Table Q. Bedding Depth Over 10' Crushed Stonc Depth Under 10' Sand b. Backfill Paved Areas Cement Stabilized Sand Unpaved Areas Cl an Excavated Material 2. Bottom of Trench Below Groundwater Table a. Bedding All Depths Crushed Stone on Stabilized Bottom b. Backfill Samc As Above The type and depths of crushed stone bedding shall be as specified on the Standard Detail Sheets. A-61 Stormwater Pollution Prevention Due to the type and location of this project, stormwater pollution prevention is critical, and improper implementation can have a negative impact on the adjoining streets and private property. Strict compliance to all stormwater pollution preventions items shown on the plans shall be enforced. All costs associated with meeting stormwater pollution prevention requirements shall be considered subsidiary to the various bid items. In addition, if during the course of the project other minor stormwater pollution prevention items are required to limit or control soil erosion or transport of soil, then the Contractor shall implement these measures at no increase in the contract price or duration. A-62 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Monthly payment will be withheld if this provision is not followed. A-63 Noise Control and Working Hour Restrictions The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the lease amount of noise consistent with efficient performances of the Work. Decibel levels are not to exceed one hundred (100) decibels. Any work which creates a noise level above the ambient sound levels shall not commence before 7:00 A.M. or continue after 6:30 P.M. on weekdays, and shall not commence before 8:00 A.M. or continue after 5:00 P.M. on Saturday without prior approval from the Engineer. I/ A-64 Other Accessibility Requirements The Contractor shall provide assistance and is required to ensure that disruption of I/ community services to residents (i.e. US Postal Service, RTA Care B, Meals on Wheels, Emergency Services, etc. ) does not occur during construction. Requisite assistance Section A - SP I/ Page 26 of 27 I C AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19th day of November , 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 Jhabores Construction Company, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $257,871.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ID/IQ TXDOT PARTICIPATION PROJECTS — TASK ORDER NO. 4 SH 286 WATER LINES AND VALVES ADJUSTMENTS - PROJECT NO. E13066 (TOTAL BASE BID: $257,871.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents i include this Agreement, the bid proposal and. instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. I Page 1 of 3 Rev. Jun-2010 E L Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 45 CALENDAR DAYS FOR BASE BID PARTS A,B,C,D &F and 45 CALENDAR DAYS FOR BASE BID PART E, after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. I I C C C C I Page 2 of 3 Rev. Jun-2010 C C I ATTEST: CITY OF CORPUS CHRI TI TLce By: g)/2__ ,/,', City Secretary Mark Van Vleck Interim Asst. City Manager Public Works, Utilities, and Transportation E APPRO ED AS TO LEGAL FORM: By: By: Asst. Ci Attorney Daniel Biles, P.E. Director of Engineering Services I CONTRACTOR ATTEST: (If Corporation) Jhabor s Construction Co., Inc. I •_ 411X2 . _ % By: ?/ ( /I-- (Seal Be o A Title: ' ?L -t de./ (Note: If Person signing for / corporation is not President, (` '. . Box 60089 attach copy of authorization - 'dress) to sign) Corpus Christi, TX 78466 L (City) (State) (ZIP) 361/852-8858 * 361/852-7979 (Phone) (Fax) E E C 4!1..RA3- 1-iiui.u.t�. SY Mtn, 1 . 4 3ECIrtFfA1 LPage 3 of 3 Rev. Jun-2010 I I PROPOSAL FORM FOR C C ID/IQ TXDOT PARTICIPATION PROJECTS - TASK ORDER NO. 4 - SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) C I L I I DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI.TEXAS I Proposal Form Page 1 of 10 Addendum No.2 Attachment No.2 Page 1 of 10 I L • PROPOSAL Place: Date: F E We*:R. 1%,213 Proposal of •TiAikst t s Q.014 sS.Q..v ``I} a Corporation organized and existing under the laws of the State or >✓x0\ 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: ID/IQ TXDOT PARTICIPATION PROJECTS—TASK ORDER NO.4— SH 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO. E13066) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices.to-wit: C C L Proposal Form Addendum No.2 Page of 10 Attachment No.2 Page 2 of 10 C L ID/IQ TXDOT PARTICIPATION PROJECTS—'TASK ORDER NO.d— SII 286 WATER LIES AND VALVES ADJUSTMENTS (PROJECT NO.E13066) BASE BID t . I II III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL PART A-GENERAL • A l •1 Mobilization(4% Max.). complete and in place per S -��0 S $1 2©, C o LS Lump Sum. E A2 1 Bonds(2%Max.),complete and in place per Lump $ 4 $ Q Scot.bt. LS Sum. A3 1 Traffic Control. complete and in place per Lump S 32-S0.00 $ ZD $ . 00 E I..S Sum. TOTAL PART A-GENERAL(Items Al thru A3) $ (0556• 00 PART B-WATERLINE DEMOLITION AT 3. C. ELLIOT LANDFILL 630 Remove Existing 2" PVC Waterline (Incl. Bends B1 and Fittings), complete and in place per Linear S 12 •no s "75ba.o0 E, LE Foot. 24 Remove Existing 2" Galvanized Waterline (Incl. 132 Bends and Fittings), complete and in place per $ 12. 00 $ 2$8.00 LE L Linear Foot. F33 97 Grout Fill Existing 2" PVC Waterline, complete S 1 S•od $ I q', .0 LE and in place per Linear Foot. B4 1 Cut and Cap Existing 2" PVC Waterline. complete $ 2.6o 0 0 $ 2. o E A and in place per Each. B5 I Cut and Cap Existing 2" Galvanized Waterline, S 2 00.o o $ 200• c ei EA complete and in place per Each. Lab I Remove Existing Water Valve, complete and in S 1S 00 $ -7S-. 0 0 W EA place per Each. LTOTAL PART B-WATERLINE DEMOLITION AT.I.C. ELLIOT LANDFILL. $ (q`?'lb.(:),,z(Items B1 thru B6) " PART C-WATERLINE DEMOLITION ON SH 286 LF Remove Existing 3.5" Galvanized Waterline (111c1.Cl L.F Bends and Fittings), complete and in place per $ 13.00 $ q a0 2•ab Linear Foot. Remove Existing 2" Galvanized Waterline (Incl. C2 4LF Bends and Fittings), complete and in place per S 12.0 p $ 29 31‘..d0 Linear Foot. Remove Existing 2" Poly Waterline (Incl. Bends E C3 `lb and Fittings). complete and in place per Linear S 12. oo $ 2592.00 LE Foot. f 184 Remove Existing 2" PVC Waterline (Incl. Bends C'4 1.1: and Fittings), complete and in place per Linear $ `� $ 22O .O0 Foot. C5 146 Grout Fill Existing 3.5" Galvanized Waterline. $ 10 $ 141‘0. o LF complete and in •.lace •aer Linear Foot. L Proposal Form Page 3 of 10 Addendum No 2 t- Attachment No.2 Page 3 of 10 L E tID/IQT\DOT PARTICIPATION PROJECTS-TASK ORDER NO.4- SN 286 WATER LINES AND VALVES ADJUSTMENTS (PROJECT NO.E13066) E , I H III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL PART C- WATERLINE DEMOLITION ON SH 286(Continued) C6 402 Grout Fill Existing 2" Galvanized Waterline, S \b,00 $ AtYl.t Ofl LF complete and in place per Linear Foot. L ,� I Cut and Cap Existing 3.5" Waterline, complete and �" S EA in place per Each. -bU S Sao• oa C8 1 Remove Existing Water Valve, complete and in S is.00 $ —IS. 00 E EA place per Each. c9 I Remove Existing Water Meter. complete and in S 15 00 $ _is.. o0 EA place per Each. C10 18 8" Limestone Base Backfill, complete and in place S 45•00 $ 10 00 SY per Square Yard. - TOTAL PART C -WATERLINE DEMOLITION ON SH 286(Items Cl thru CIO) $ SO OS. Ot PART D-WATERLINE ADJUSTMENTS AT CALLOWAY POOLS WATERLINE DEMOLITION AT GALLOWAY POOLS 259 Remove Existing 1.5" Poly Waterline (Incl. Bends D1 and Fittings). complete and in place per Linear S 10 0O $ 25°10• ton LF Foot. L Remove Existing 1" Poly Waterline (Incl. Bends D2 198 and Fittings). complete and in place per Linear S t0.O0 $ lekeyS, to L:F Foot. I.); 64 Grout Fill Existing 2" PVC Casing„ complete and S 1D.00 $ cy40,tid L.F in place per Linear Foot. I)4 1 Cut and Cap Existing 1" Poly Waterline, complete S is-0.cob $ 1 s-,1).00 LEA and in place per Each. 2 Remove Existing Water Valve, complete and in 175 LA place per Each. S 15.0.0 $ 1 •Ob D6 I Remove Existing Water Meter. complete and in �S .� 00 $ 1 00 L EA place per Each. L) 5 8" Limestone Base Backfill, complete and in place S Lj 00 $ ZZS - SY per Square Yard. E WATERLINE INSTALLATION AT GALLOWAY POOLS 451 2" HDPE SDR 9 Water Service Line (Incl. D8 Stainless Steel Inserts), complete and in place per S ■"C.00 $ (di 6S'.00 Li' Linear Foot. D9 440 4" HDPE SDR 9 Encasement Pipe (Directionally S 5`x.00 $ 742.60.0,0 LF Drilled), complete and in place per Linear Foot. E 1)1t1 I Water Meter Box, complete and in place per S G1r OO $ �I$ OQ EA Each. 1)1 1 1 2" Gate Valve and Box, complete and in place per S 530.00 $ 530.oc:3 EA Each. L D12 1 16"x 2" Service Saddle, complete and in place per S 1422_ O>a $ 147_2.00 EA Each. D1 I Connect to Existing 16" PVC Waterline, complete S 51b.00 $ 516.0c, LEA and in lace er Each. Proposal Form Page 4 o(10 Addendum No.2 }' Attachment No.2 Page 4 of 10 L t I D/IQ TxDOT PARTICIPATION PROJECTS-TASK ORDER NO.4— SH 286 WATER LINES AND VALVES ADJL ST 9ENTS (PROJECT NO.EI3066) t _ I II HI IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL tPART D--WATERLINE INSTALLATION AT GALLOWAY POOLS(Continued) Dl. 1 l Connect to Existing Private Water Service Line. $ (05A• Ob $ 654 do I complete and in place per Each. TOTAL PART D-WATERLINE ADJUSTMENTS AT GALLOWAY POOLS $ 050 .O© tEA (Items Dl thru D14) PART E—WATERLINE ADJUSTMENTS AT SIi 286 AND FM 43 WATERLINE DEMOLITION AT SH 286 AND FM 43 Remove Existing 16" PVC Waterline (Incl. Bends L , E 1 33 and Fittings), complete and in place per Linear S kl•o'b S 15 51, 66 LF Foot. E2.........�_. -120 Remove Existing 8" PVC Waterline (Incl. Bends $ I5 by $ \� •bQ L LF and Fittings), and in place per Linear Foot. 4 Remove Existing Water Valve, complete and in E 3 EA place per Each. \«5 n0 $ 4100.00 - WATERLINE IN STALLATION AT SH 286 AND FM 43 16" C900 PVC Waterline (Incl. Vertical and E4 �F, Horizontal Bends), complete and in place per S (6.00 $ 55100.00 Linear Foot. L E5 63 36" Diameter Steel Encasement Pipe.complete and $ A`O oO $ 25 AO- LF in place per Linear Foot. F6 20 36" Diameter Steel Encasement Pipe (Split $ C(o3t0) S A•32OrQQ L LF Casing),complete and in place per Linear Foot. 45 8" C900 PVC Waterline (Incl. Vertical and [7 I F Horizontal Bends), complete and in place per $ 3o•OO S 43.5bbb Linear Foot. 230 Trench Safety. complete and in place per Linear E"$ LF Foot. $ 1.00 S 2303.00 L E9 EA 16"x8" U.I. Tee. complete and in place per Each. $ '1O50.0a S tOSO.Oa E10 1 16" D.I. Blind Flange, complete and in place per S q42,6b $ 442.00 EA Each. E 1 1 1 16" Gate Valve and Box,complete and in place per $ 1O4$$.0Q $ GA2,2, btu EA Each. [12 1 8" Gate Valve and Box, complete and in place per $ „‘,A t50 $ , lbs.00 EA Each. F'13 1 Connect to Existing 16" Waterline, complete and $ r—� db $ 580 00 EA in place per Each. E14 1 Connect to Existing 8" Waterline, complete and in $ o 00 $ 263ai O0 tEA place per Each. F 1 1 Connect to Existing 36" Diameter Steel $ 2-3SQOO $ 2550 EA Encasement,complete and in place per Each. TOTAL PART E-WATERLINE ADJUSTMENTS AT SH 286 AND FM 43 $ "0 001 �•c30 Items El thru MS L Proposal Form Page 5 of 10 Addendum No.2 P Attachment No.2 Page 5 of 10 C L ID/IQ TXDOT PARTICIPATION PROJECTS—TASK ORDER NO.4- Sf1 286 WATER LINES AND VALVES ADJESTMMENTS (PROJECT NO. EI3066) tI II HI IV V QTY& ITEM UNIT DESCRIPTION _ UNIT PRICE _ TOTAL tPART F-WATERLINE ADJUSTMENTS ON SH 286 WATERLINE DEMOLITION ON SH 286 ,305 Remove Existing 3" Galvanized Waterline (Incl. t 1.305 Bends and Fittings), complete and in place per S i0.00 $ 13050.aU l:F Linear Foot. r 288 Remove Existing 4" PVC Waterline Incl. Bends 122 ( $ X2•00 $ 345b.b4;, LF and Fittings), and in place per Linear Foot. 1 Remove Existing Water Valve, complete and in $ 25t7•tt) F3 LEA place per Each. S F4 60 Remove Existing Water Service Line(Incl. Casing, $ '© Od $ cz:saa b6 LF if present),complete and in place per Linear Foot. F.ti 50 Grout Fill Existing Water Service Line. complete $ 10.0t) $ O0. pb ILl _ and in place per Linear Foot. _ WATERLINE INSTALLATION ON SH 286 1.605 4" C900 PVC Waterline (Incl. Vertical and F6 Horizontal Bends), complete and in place per S 16 •bb $ 26'6$0.00 L.F Linear Foot. F7 1.605 Trench Safety, complete and in place per Linear $ ‘ .0c) $ l b 6s.ob t..F Foot. F8 1 4" x 3" D.1. Reducer, complete and in place per $ 25"6.00 s Zs . b EA Each. L 19 4 4" Gate Valve and Box, complete and in place per $ -10` 00 $ 2 ort.to EA Each. 110 1 Connect to Existing 3" Galvanized Waterline, S 350 oc+ $ 356.66 EA complete and in place per Each. F 1 1 I Connect to Existing 4" PVC Waterline, complete $ 500 $ S©©•0 C] EA and in place per Each. 101 2" HDPE SDR 9 Water Service Line (Incl. t 112 Stainless Steel Inserts), complete and in place per S 25.00 $ 2.S�,S.a'o l.F Linear Foot. 113 95 4" HDPE SDR 9 Encasement Pipe (Directionally $ tQ pb $ %`a�- ?:•dQ LI-' Drilled),complete and in place per Linear Foot. 1=14 I Water Meter Box, complete and in place per $ ->*•d O S .'` Aii•U� LA Each. F 1; 1 4" x 2" Service Saddle, complete and in place per $ (,a2 ©e) $ (0 b 2,00 L EA Each. 116 I Connect to Proposed 4" C900 PVC Waterline, $ k3sq,o0 $ 13sq• coo EA complete and in placeper Each. F 1 ` 1 Connect to Existing Private Water Service Line(s), $ 5—x...60 S 5'74 .oc LS complete and in placeper Lump Sum. TOTAL PART F-WATERLINE ADJUSTMENTS ON SH 286(Fl thru F17) $ GA\gQ,•CO L Proposal Form Pale 6 of 10 Addendum No.2 Attachment No.2 Page 6 of 10 L L ID/IQ TXDOT PARTICIPATION PROJECTS—TASK ORDER NO.4— SII 286 WATER LINES AND VALVES ADJI'STNIENTS (PROJECT NO. E13066) BASE BID SUMMARY TOTAL PART A-GENERAL (Items Al thru A3): $ “U 5J 3 d TOTAL PART B-WATERLINE DEMOLITION AT J. C. ELLIOT LANDFILL (Items Bl thru B6): oNt. $ Q1 TOTAL PART C-WATERLINE DEMOLITION ON Si! 286 (Items Cl thru C10): $ 50(c'1c, .CSO TOTAL PART D-WATERLINE ADJUSTMENTS AT GALLOWAY POOLS E1 (Items D1 thru I)14): $ Dq-d TOTAL PART E-WATERLINE ADJUSTMENTS AT SH 286 AND FM 43 ��� Q� (Items El thru E15): $ TOTAL PART F-WATERLINE ADJUSTMENTS ON Si! 286 j ,� ,� , (Fl thru F17): $ P TOTAL BASE BID(PARTS A thru F-Items Al thru F17): $ 5-1 (?.c1 • Oo vi t I t I Proposal Form Addendum No.2 Page of 10 Attachment No.2 Page 7 of 10 I L C The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The hid bond attached to this proposal. in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within: The working time for completion of the Project will be broken down as follows from the date designated by a Work Order: Description Project Limits Calendar Days +Liquidated Damages/Day_ Base Bid (Parts A, J. C. Elliot Landfill to 3,000 past FM 45 $.1,125 B,C,D & F) 43 Base Bid (Part E) Northeast rtheast Corner of SH 286 & FM 45 $1,125 The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with.the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfully submitted: Name• szk 0.0c1b-L0.41 \C.). By: • (SEAL, - IF BIDDER ISM,:. —' a Corporation) Address: k)0(89 6,349 --�bGlgizC� (P.O. Box (Street) J) NOTE: Do not detach bid from other papers C� �'&.. � )b Fill in with ink and submit complete (City)(State) (Zip) kith attached papers Telephone: k- es -_ .. 5t_ Proposal Form Pane 8 of 10 Addendum No.2 Attachment No.2 Page 8 of 10 L r. PERFORMANCE BOND STATE OF TEXAS § BOND No. TXC605126 walt COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: ai That Jhabores Construction Co., Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ("Principal"), and MERCHANTS BONDING COMPANY(MUTUAL) , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of TWO HUNDRED FIFTY-SEVEN THOUSAND, EIGHT HUNDRED SEVENTY-ONE AND NO/100 U.S. Dollars ($ 257,871.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 19TH of NOVEMBER , 2013, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ID/IQ TXDOT PARTICIPATION PROJECTS —TASK ORDER NO. 4 SH 286 WATER LINES AND VALVES ADJUSTMENTS - PROJECT NO. E13066 (TOTAL BASE BID: $257,871.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process. may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 5TH day of DECEMBER , 2013. L PRINCIPAL SURETY JHABORE ONSTR TI N CO. , INC. MERCHANTS BONDING COMPANY(MUTUAL) By: BY-. _ Att• - -in-fact MARY ELLEN MOORE Title: / (.::IA_::;e- j AT ST: ram- Secretary �'► • Address: P.O. BOX 60089 ' ••ressT P.O. BOX 870 CORPUS CHRISTI, TEXAS 78466 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore@s-gins.com C (Rev. Date May 2011) Performance Bond Page 2 of 3 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: SWANTNER & GORDON INS AGENCY LLC Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: saddkison @s-qins.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 E (Rev. Date May 2011) Performance Bond Page 3 of 3 r 4; PAYMENT BOND STATE OF TEXAS § BOND No. TXC605126 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Jhabores Construction Co., Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ("Principal"), and MERCHANTS BONDING COMPANY(MUTUAL) , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of TWO HUNDRED FIFTY-SEVEN THOUSAND, EIGHT HUNDRED SEVENTY-ONE AND NO/100 U.S. Dollars ($ 257,871.00 . U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 19TH day of NOVEMBER , 2013 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ID/IQ TXDOT PARTICIPATION PROJECTS —TASK ORDER NO. 4 SH 286 WATER LINES AND VALVES ADJUSTMENTS - PROJECT NO. E13066 (TOTAL BASE BID: $257,871.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 'S Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 5TH day of DECEMBER , 2013. PRINCIPAL SURETY JHABORES ONSTR TIoN CO. , INC. MERCHANTS BONDING COMPANY(MUTUAL) By: - BY: _ / Attor in-fact MARY ELLEN MOORE ATT ST: Secretary I Address: P.O. BOX 60080 • - ' P.O. B•X 870 CORPUS CHRISTI, TEXAS 78466 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 361-844-0101 E-Mail: mmoore @s-gins.com Rev. Date May 2011 Payment Bond Page 2 of 3 C c i .y' l 1 , 1 r Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: I Name: STEVE ADDKISON 1 .. Agency: SWANTNER & GORDON INS AGENCY LLC Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) is CORPUS CHRISTI TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 CE-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. I Note: Surety Agent's Original Power of Attorney must be attached hereto. t Note: Date of Payment Bond must not be prior to date of contract. END , , , - k E Rev. Date May 2011 Payment Bond Page 3 of 3 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, E Mary Ellen Moore,Cathleen Hayles,Steve Addkison,Tami J.Duncan, Danielle Harris,Kerry M. McIntosh of Corpus Christi and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. E This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have E power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to ±= any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." E In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of September , 2013 . `s.``.e4t•10l 4. *,y_ •••*:'.•" CQ7,o•, MERCHANTS BONDING COMPANY(MUTUAL) E i - 'As el Q 0 t .moi,.0 Ai•..y. MERCHANTS NATIONAL BONDING,INC. �: —0_ .c., .1-:2 -o- o• t.IvIv, 20;11 'c`>. „Q, 1933 ..c , .• .y . •hy. By E -..44•• STATE OF IOWA v-0;14,..... ''•,,`Y ...... e, 1,„,- •. * ••• COUNTY OF POLK ss. 'r•,..,,...F«+ • President On this 11th day of September 2013 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. a: MARANDA GREENWALT ç2LLfl My Commission Expires IOWA October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 5TH day of DECEMBER , 2013 . • ,,.,0*.*i 1C3fd1C%, ...Dot'° COCA• ,• ' .10;04;, „ *•'RPOA'' 9y. y>1 r -� J , 4� �•V 9J ..c� . yam -d_ ; ;�_ •E-. ? -o- of . / r 1933 . • Secretary • 0 204- . :yo. .'%Z• EPOA 0014 (11/11) `s'yy• ...••-"c s •.'It, 1 . IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection @tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. -E SUP 0032 TX (7/07) C C t SUPPLIER August ..._ SUPPLI ER NUMBER BER — — TO BE ASSIGNED BY cm( � PURCHASING DIVISION CIE\ of CITY OF CORPUS CHRISTI ;)-' Christi DISCLOSURE OF INTEREST hnsl City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: k\ ∎SOILES i�T'. 0p• `r7 G P.O. BOX: (e, COQ \ (� • STREET ADDRESS: (03N:\ kko e J 18Ao CiTY: \:oQW5etkv2."�T� ZIP: r)e)4 (0 Lc JJ FIRM IS: 1. Corporation 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. I. 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) NAe_ 2. State the names of each"official"of the City of Corpus Christi having an •"ownership interest' constituting 3%or more of the ownership in the above named"firm.' tName ___ Title nb1-It'_ it3. 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.' ti• • Name Board. Commission or Committee II4. State the names of each employee or officer of a"consultant' for the City of Corpus Christi who worked on anv matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the L above named "firm. Name Consultant Proposal Form Page 9 of I0 Addendum No.2 Attachment No.2 Page 9 of 10 . C E . FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City'official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi.Texas as changes occur. Certifying Person: &lLECi02ti 12,. \2. iz.tE Title: \I %CE €.6%vexi,^C` rr>peor Pnnt) t _ ...". .. Signature of Certifying Person: ` _ Date: (1, )B* 26 ,' DEFINITIONS a. "Board member." A member of any board,commission,or committee appointed by the it Council of the City of Corpus Christi,Texas. b. "Economic benefit" An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi.Texas either on a full or pan-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, L partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads. and Municipal Court Judges of'the City of Corpus Christi,Texas. • f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." ,,E, g. "Consultant:' Any person or firm, such as engineers and architects, hired by the City of Corpus Christi or the purpose of professional consultation and recommendation. C Proposal Form Page 10 of l Q Addendum No.2 Attachment No.2 Page 10 of 10 C a t q° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/5/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Donna Tischler , Swantner&Gordon Insurance Agency PHONE FAx A Higginbotham Company INC.No.Exn:361 883 1711 (NC,No1:361-844-0101 E-MAIL - PO Box 870 ADDRESS:dtischler( ..gins.com _ Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A The Travelers Indemnity Company 25658 INSURED JHABO INSURER B:The Phoenix Insurance Company 25623 Jhabores Construction Co.,Inc. INSURER C:The North River Insurance Company 21105 P O Box 60089 INSURER D The Travelers Indemnity Co of CT 25682 Corpus Christi TX 78466 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:394245504 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSUI ANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP i J (MM/DD/YYYY� (MM/DDMIYY) LIMITS A GENERAL LIABILITY CO4D500679 8/6/2013 3/6/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES S(EaEoccurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 / GENERAL AGGREGATE $2,000,000 V/ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMP/OP AGG $2,000,000 ' 7 POLICY X JECT / LOC $ B AUTOMOBILE LIABILITY ,\/ BA4D39891 8/6/2013 3/6/2014 COMBINED SINGEL-L1Mrr V// (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - — AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTO NON-OWNED S PROPERTY DAMAGE(Per accident) $ I $ C UMBRELLA LIAB X OCCUR 5811020163 8/6/2013 3/6/2014, X EXCESS LIAB `/ EACH OCCURRENCE _ $10,000,000 V CLAIMS-MADE AGGREGATE _ $10,000,000 _ DED RETENTION$ / $ �' D WORKERS COMPENSATION _\// UB4D505221 8/6/2013 3/6/2014 x WC STATU- OTH- AND EMPLOYERS'UABILRY Y!N r J// TORY LIMITS ER ANY PROPRIEfOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) See attached Acord 101 form for additional policy provisions and coverage information Project:#E13066 ID/IQ TxDot Participation Projects-Task Order No.4-SH 286 Water Lines and Valves Adjustments / 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. Department of Engineering Services P.O.Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 / 5/30,4f,,c; ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: JHABO LOC#: ACO® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner and Gordon Insurance Agency Jhabores Construction Company,Inc. POLICY NUMBER PO Box 60089 CARRIER NAIC CODE Corpus Christi,Texas 78466 EFFECTIVE DATE: 08/06/2013 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Contractors Extend Endorsement CGD316 11 11 The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. Blanket Additional Insured(Contractors)CGD604 0510 The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Texas Cancellation Provision Or Coverage change Endorsement ILT405 The Business Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Business Auto Extension Endorsement CAT353 02/12 The Business Auto policy includes a blanket designated insured endorsement that provides designated insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. Business Auto Extension Endorsement CAT353 02/12 The Business Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Texas Cancellation Provision Or Coverage change Endorsement ILT405 The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Texas Waiver of Our Right To Recover From Others WC420304A The Workers Compensation policy includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Texas Notice of Material Change Endorsement WC420601 (00) The Umbrella policy follows the same provisions,exclusions and limitations that are contained in the applicable"controlling underlying insurance". ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED- (Section II) is amended Lessees or Contractors—Completed to include any person or organization that you Operations endorsement CG 2037,with- agree in a "written contract requiring insurance" out an edition of such endorsements to include as an additional insured on this Cover- specified; age Part. However, the person or organization is the person or organization is an additional only an additional insured with respect to liability insured only if the injury or damage is for"bodily injury", "property damage"or"personal caused, in whole or in part, by injury"and as described in Paragraph a), b)or c) sions of you or your subcontractor or the p per- below,whichever applies: P formance of"your work"to which the"written a) If the "written contract requiring insurance" contract requiring insurance"applies. specifically requires you to provide additional c) If neither Paragraph a)nor b) above applies: insured coverage to that person or organiza- tion by the use of: I. The person or organization is an addi- i. The Additional Insured—Owners, Les- tional insured only if, and to the extent sees or Contractors—(Form B) en- that, the injury or damage is caused by dorsement CG 2010 11 85;or acts or omissions of you or your subcon- tractor in the performance of"your work" ii. The Additional Insured—Owners, Les- to which the "written contract requiring sees or Contractors—Scheduled Person insurance"applies; and Or Organization endorsement CG 2010 ii. The person or organization does not 10 01 and the Additional Insured—Own- qualify as an additional insured with re- ers, Lessees or Contractors—Corn plet- spect to the independent acts or omis- ed Operations endorsement CG 2037 10 sions of such person or organization. 01; the person or organization is an additional 2. The insurance provided to the additional insured insured only if the Injury or damage arises by this endorsement is limited as follows: out of"your work" to which the"written con- a) In the event that the Limits of Insurance of tract requiring insurance"applies. this Coverage Part shown in the Declarations exceed the limits of liability required by the b) If the "written contract requiring insurance" "written contract requiring insurance", the in- specifically requires you to provide additional surance provided to the additional insured insured coverage to that person or organize- shall be limited to the limits of liability re- tion by the use of; quired by that "written contract requiring in- I. The Additional Insured—Owners, Les- surance". This endorsement shall not in- sees or Contractors—Scheduled Person crease the limits of insurance described in or Organization endorsement CG 2010 Section III—Limits Of Insurance. 07 04 and the Additional Insured—Own- b) The insurance provided to the additional in- ers, Lessees or Contractors—Corn plet- sured does not apply to "bodily injury", "prop- ed Operations endorsement CG 2037 07 erty damage" or "personal injury"arising out 04; or of the rendering of, or failure to render, any ii. The Additional Insured—Owners, Les- professional architectural, engineering or sees or Contractors—Scheduled Person surveying services, including: Or Organization endorsement CG 2010 and the Additional Insured—Owners, CG D6 04 0510 ©2010 The Travelers Indemnity Company Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. The preparing, approving, or failing to i. Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit"and the date received; and ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, ii. Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit"as ii. Supervisory, inspection, architectural or soon as practicable. engineering activities. c) The additional insured must immediately c) The insurance provided to the additional in- send us copies of all legal papers received in sured does not apply to "bodily injury or connection with the claim or"suit", cooperate "property damage" caused by "your work" with us in the investigation or settlement of the claim or defense against the "suit", and and included in the "products-completed op- erations hazard" unless the "written contract otherwise comply with all policy conditions. requiring insurance" specifically requires you d) The additional insured must tender the de- to provide such coverage for that additional fense and indemnity of any claim or "suit"to insured during the policy period. any provider of "other insurance" which 3. The insurance provided to the additional insured would cover the additional insured for a loss by this endorsement is excess over any valid and we cover under this endorsement. However, collectible "other insurance", whether primary, this condition does not affect whether the in excess, contingent or on any other basis, that is surance provided to the additional insured by available to the additional insured for a loss we this endorsement is primary to "other insur- cover under this endorsement. However, if the ance" available to the additional insured "written contract requiring insurance" specifically a niamed insuredtase described rn Paragraph requires requires that this insurance apply on a primary 3. above. basis or a primary and non-contributory basis, this insurance is primary to "other Insurance" 5. The following definition is added to SECTION V. available to the additional insured which covers — DEFINITIONS: that person or organization as a named insured "Written contract requiring insurance" means that for such loss, and we will not share with that part of any written contract or agreement under • "other insurance". But the insurance provided to which you are required to include a person or or the additional insured by this endorsement still is excess over any valid and collectible "other in- ganization as an additional insured on this Cov- surance", whether primary, excess, contingent or erage Part, provided that the "bodily injury" and on any other basis, that is available to the addi "property damage" occurs, and the "personal in tional insured when that person or organization is jury" is caused by an offense committed, during an additional insured under such "other insur- ance". a. After the signing and execution of the con- 4. As a condition of coverage provided to the tract or agreement by you; and additional insured by this endorsement: b. While that part of the contract or agreement a) The additional insured must give us written is in effect. notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or"suit" is brought against the additional insured, the additional insured must: Page 2 of 2 ©2010 The Travelers Indemnity Company CG D6 04 05 10 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political D. Incidental Medical Malpractice Subdivisions—Permits E. Who Is An Insured Newly Acquired Or Formed J. Knowledge And Notice Of Occurrence Or Offense Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) • 1 — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage"caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire,explosion, (c) Not being used to carry any person or prop- or lightning;or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section 1—Coverage A 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER.. pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- rence", whether such damage results from: vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To You SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- • Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part;or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence"in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any person or organization for "premises "Good Samaritan services"to a person. damage" is not an"insured contract"; 2. The following is added to Paragraph 2.a.(1) of SECTION 11—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: fail- "Premises damage" means "property dam- "bodily injury" arising out of providing or fail- ing to provide: age"to: a. Any premises while rented to you or tern (1) "Incidental medical services" by any of orapl occupied by your "employees" who is a nurse practi- porarily p y you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic;or premises is rented to you, if you rent such (ii) First aid or"Good Samaritan services" by premises for a period of seven or fewer any of consecutive days. y your "employees" or "volunteer workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV— COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 • COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership Interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one "occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I— COV- only: ERAGES— COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cats committed by, or with the knowledge or (2) Until the end of the policy period, when consent of, the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services"means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory,x-ray it, and we agree In writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED— UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II —WHO IS The insurance is excess over any valid and AN INSURED: collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured,whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declare- your "employees" or "volunteer workers" for lions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section II — Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50%in such sub- The following replaces Paragraph 4. of SECTION sidiary. 11—WHO IS AN INSURED: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 • COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED —OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II—WHO IS The following is added to SECTION II —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on elude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability p liability "bodily injury", property darn- for "bodily injury", "property damage", "personal sect to liabilit for "bodil " injury"or"advertising injury"that: age","personal injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or 'property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement;and tract or agreement;and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or use of that part of any premises leased to omissions in the maintenance, operation or you use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits which you agreed to provide in the written the minimum limits which you agreed to pro- vide in the written contract or agreement, or contract or agreement, or the limits shown on the limits shown on the Declarations, which the Declarations,whichever are less. ever are less. b. The insurance provided to such equipment b. The insurance provided to such lessor does not apply to any"bodily injury" or p premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury" or"advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury" or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises;or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or non-contributory with, such other insurance, c. The insurance provided to such premises owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises ovmer, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION II—WHO IS AN contributory with, such other insurance, in INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ante. you or on your behalf and that you are required Page 4 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 • COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- (iii)An executive other organization; officer or director of a jury" or"advertising injury" arising out of such op- that any other organization; erations. is your partner, joint venture member or manager;or The insurance provided to such state or political subdivision does not apply to: (b) Any "employee" authorized by such partnership, joint venture, limited Ii- e. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision;or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1)or(2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insurance arovided under this Coverage Part may a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to you or any insured listed in Paragraph 1.or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practice- cape of"pollutants"which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an. individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual(if you are a limited liability company), any of your "executive offi- K. UNINTENTIONAL OMISSION cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence" or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: • The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 O 2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 • • COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish,mental injury,shock,fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organize- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs;or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising Injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section Is de- The following replaces the definition of "bodily leted. injury"in the DEFINITIONS Section: Page 6 of 6 0 2011 The Travelers Indemnity Company.All lights reserved. CG D3 16 11 11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION 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 modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addl- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. It Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured"while Who Is An Insured, of SECTION 11— LIABILITY operating an "auto" hired or rented under a COVERAGE contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be coy- "auto" you lease, hire, rent or borrow from eyed "autos"you own: any of your"employees", partners (if you are (1) Any covered "auto" you lease, hire, a partnership), members (if you are a limited rent or borrow; and liability company) or members of their house holds. (2) Any covered "auto"hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your pen-nission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. "in- However, any"auto"that is leased, hired, (i) You must arrange to defend the "in- rented or borrowed with a driver is not a tle any such and investigate"sui" or set- rented covered "auto". tle any such claim or "suit" and keep us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1.,Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee"of yours is an "insured" while us- (iii)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily in injury" or"property damage"to which (2) Up to $3,000 for cost of bail bonds ( this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds, TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- ERAGE—INDEMNITY BASIS graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5)in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or. authorized Insurer outside the COVERAGE: United States of America, its territories and possessions, Puerto Rico and Can- Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered"auto" you own that in- ada.We assume no responsibility for the furnishing of certificates of insurance, or Hate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto"for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE b. The airbags are not covered under any war- COVERAGE: ranty; and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one "loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You(if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability corn- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov- g ered "auto" of the private passenger type. tics of the"accident" or"loss". CA T3 53 0310 ©2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,inc.with its permission. • COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss" feet additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. • • Page 4 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted materal of Insurance Services Office,inc.with its permission. POLICY NUMBER:DT-CO-4D500679-T.IA-13 V ISSUE DATE: 09-12-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -- NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE (CONTINUED ON IL T8 03) ADDRESS: THE ADDRESS FOR THAT PERSON OR (CONTINUED ON IL T8 03) CORPUS CHRISTI TX 78466 PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER:BA-4D39891A-13-CNS ISSUE DATE: 09-11-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF • CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: SEE CA T8 04 08 13 ADDRESS: CORPUS CHRISTI, TX 78401 PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 0 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 /TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 06 01 (00) — POLICY NUMBER: TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: (or**) 2. NOTICE WILL BE MAILED TO: ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. DATE OF ISSUE: - - ST ASSIGN: TRAVELERS J~ WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04(A) — 001 POLICY NUMBER: (DTEUB-4D50522-1-13) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named In the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [i Specific Waiver Name of person or organization © 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 02 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. Advance Premium: $SEE SCHEDULE DATE OF ISSUE: 08-09-13 ST ASSIGN: Page 1 of 1