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HomeMy WebLinkAboutC2013-374 - 11/5/2013 - NA CORPUS CHRISTI POLICE DEPARTMENT 2013-371 11/05/13 CAS Companies LP SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPOVEMENTS J . O . C . FOR CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/886-2696 FAX: 361/886-2607 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PHONE: 361/880-3500 FAX: 361/880-3501 PROJECT NO: E12171 I IDRAWING NO: PBG - 797 I 1: CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPOVEMENT PN: E12171 (Revised 6/27/99) Table of Contents NOTICE TO CONTRACTORS - A (REVISED MARCH 2009) I: Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage for Building or Construction r. Projects for Government Entities. PART A - SPECIAL PROVISIONS A 1 Timc and Place of Receiving Proposals/Pre Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award/Explanation of Bid Items A-5 Items to be Submitted with Proposal 1: A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A 8 Faxed Proposals A 9 Acknowledgment of Addenda A-10 Wage Rates A-11 Cooperation with Public Agencies I: A-12 Maintenance of Services A 13 Arei ACCCGr, and Traffic Control A 14 Construction Equipment Spillage and Tracking A 15 Excavation and Removals A 16 Disposal/Salvage of Materials A 17 Field Office NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A 21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) I: A-23 Inspection Required A-24 Surety Bonds A 25 Sales Tax Exemption (NO LONCER APPLIClBLE) (6/11/98) A-26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A-29 Contractor's Field Administration Staff A 30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements 1: A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements (NOT USED) A-36 Other Submittals C: A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities I: A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory A-42 OSHA Rules & Regulations LA-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings L I A 16 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) A 17 Prc Construction Exploratory Ex avationo (7/5/00) (NOT USED) A-48 Overhead Electrical Wires A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 Electronic Submittal of Bids (NOT USED) A-52 Value Engineering A 53 Dust Control A 51 Dcwatcring and Disposal (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D - FEDERALLY REQUIRED L2,NCUACE PART S - STANDARD SPECIFICATIONS 021020 - SITE CLEARING AND STRIPPING 022060 - CHANNEL EXCAVATION 025612 - CONCRETE SIDEWALKS AND DRIVEWAYS 032020 - REINFORCING STEEL PART T - TECHNICAL SPECIFICATIONS 010000-T - MOBILIZATION AND BONDS 021040-T - SITE GRADING 022080-T - EMBANKMENT 028020-T - SEEDING 028140-T - TURF REINFORCEMENT MAT 030020-T - PORTLAND CONCRETE CEMENT 038000-T - CONCRETE STRUCTURES 038020-T - SLAB STABILIZATION, LIFTING, AND SOIL DENSIFICATIOI 070120-T - ROUGH AND FINISH CARPENTRY EXHIBITC LIST OF DRAWINGS SHEET 1 OF 9 - TITLE SHEET SHEET 2 OF 9 - GENERAL NOTES SHEET 3 OF 9 - SITE PLAN SHEET 4 OF 9 - GRADING PLAN SHEET 5 OF 9 - CONCRETE DETAILS SHEET 6 OF 9 - DECK IMPROVEMENTS DETAILS SHEET 7 OF 9 - DECK IMPROVEMENTS DETAILS SHEET 8 OF 9 - GRADING & DRAINAGE DETAILS SHEET 9 OF 9 - STORMWATER BEST MANAGEMENT PRACTICES NAME AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND I I I C C L C C C NOTICE TO CONTRACTORS - A � INSURANCE REQUIREMENTS E C C C L L C s i i i a 1 i L NOTICE TO CONTRACTOS - A i: INSURANCE REQUIREMENTS REVISED MARCH, 2009 A Certificate of Insurance indicating proof of coverage in the following 1: amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE ril: 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE I: Commercial General Liability including: 1. Commercial Form 2. Premises - Operations E: 3. Explosion and Collapse Hazard 4. Underground Hazards 5. Products/ Completed Operations $ 2,000,000 COMBINED SINGLE LIMIT I: Hazards 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors L9. Personal Injury AUTOMOBILE LIABILITY -- OWNED NON-OWNED OR $1,000,000 COMBINED SINGLE LIMIT RENTED WHICH COMLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 rb EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ib ENVIRONMENTAL IMPAIRMENT COVERAGE. Not limited to sudden & accidental El REQUIRED discharge; to include long-term enviornmental impact for the disposal ❑ NOT REQUIRED I: of contaminants. See Section b-6-11 and Supplemental Insurance requirements BUILDER'S RISK 1/ REQUIRED I: ❑ NOT REQUIRED See Section b-6-11 and Supplemental Insurance requirements INSTALLATION RISK ❑ REQUIRED lb 111 NOT REQUIRED I PAGE 1 OF 2 I PM MIMI PPR NMI NO 11111 WU MI le Pill PRI MI6 w MI IIM I ME PIM MO NM 1: The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. isShould you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. L I L I I I I I I E I L PAGE 2 OF 2 I on on no no no no Ino no PIM on on on nn PM PIO no no on C NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION � INSURANCE REQUIREMENTS E C C C NM PM EMI NM WM VIM WM IMM NMI OM Ma MO MO NMI PPM UM PIM f NOTICE TO CONTRACTORS - B � WORKER' S COMPENSATION INSURANCE REQUIREMENTS [ Page 1 of 9 i 1 1 i 1 1 i i 1 1 1 i 1 1 3 1 1 i L ITexas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS ' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE la 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 I: 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 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 ill 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. I: (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 r0 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' ill compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) - With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 3 o f 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. E. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. i'm Page 2 of 9 I I (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 I/ 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 I/ 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 Graphic (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; Page 3 of 9 I (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; IN (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 C: 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; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: 1 (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 [01 Page 4 of 9 I (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; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 9 I (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) - (G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (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, lid 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. 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 I 1 [0 Page 6 of 9 I I T28S110.110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers ' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 11 I I I 3 I I I I 3 I I Page 7 of 9 I L T28S110.110(c) (7) L: Article . Workers ' Compensation Insurance Coverage. A. Definitions: LCertificate 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. LPersons 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 Lcontractor 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, Lhauling, 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 Ltoilets. 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. illi 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 Lperiod, 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 L 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 Lpersons 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. 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 Lchange that materially affects the provision of coverage of any person providing services on the project. IPage 8 of 9 I 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. Ali 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 SelfPage 11 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. I Page 9 of 9 I PART A � SPECIAL PROVISIONS C C POI MPS OM MI OM BPI POO PRI PPP IPS IMMI B PO PMB NO MO CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPOVEMENTS PN: E12171 SECTION A - SPECIAL PROVISIONS Scaled proposals will b. received in conformity with the official advertisement inviting - located on the first floor of City Hall, 1201 Leopard Strcct, until 2:00 p.m., Wednesday, N/A. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Strcct Corpus Christi, Texas 78401 A pre bid meeting will be held on INSERT DAY HERE, INSERT DATE HERE, beginning at INSERT Third Floor, City Hall, 1201 Leopard Strcct, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern A-3 Description of Project DRAINAGE, ADA RAMP AND PORCH IMPROVEMENTS C: **NOTE** SEE ATTACHED PROPOSAL FOR FURTHER DETAILS A-4 Method of Award The contract is awarded as a Job Order Contract (J.O.C. ) and prices established through the use of RSMeans cost pricing. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 53 Bid Bond (Muot reference Proicct NamQ ao identified in the Proposal) JOB ORDER CONTRACT (JOC) (A Cashier's Check, certified chock, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Submittal of Materials A-6 Time of Completion/Ligpidated Damages The working time for completion of the Project will be 60 calendar days. 1: 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. I Section A-SP (revised 12/15/04) Page 1 of 22 I I For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Proposals faxed directly to the City will bc considered non responsive. Proposals must of thc General Provisions. -==enda received in thc appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for BUILDING & HEAVY CONSTRUCTION In case of conflict, Contractor shall use higher wage rate. I Section A-SP (revised 12/15/04) Page 2 of 22 I L Minimum Prevailing Wage Scales l: 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, I: 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 L 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. 1: 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 L 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 (1 ) 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 ii (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1- 1: 800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. LCity Engineer 361-826-3500 Project Manager 361-826-3550, 826-3594 Traffic Engineering 880-3540 r Police Department 882-1911 ill Water Department 857-1881 (880-3140 after hours) Wastewater Department 857-1800 (880-3140 after hours) L Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1875 (880-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 LA E P 1-877-373-4058 (693-9444 after hours) S B C 881-2511 (1-800-824-4424,after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 857-1960 i: Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) L ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 I Section A-SP ii (revised 12/15/04) Page 3 of 22 I I A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. provide a minimum of inconvenience to motorists and thc public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on thc accessibility of the museum and public. This may include, but is The Contractor shall comply with thc City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by thc City. Copies of this documcnt arc available through thc City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor 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 p ee. 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. I Section A-SP (revised 12/15/04) Page 4 of 22 I L • The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Cl an" dirt is defined as dirt that is capable of providing a good growth of gra^s when applied with aced/cod 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 unlc=s otherwise noted. arc to be considered subsidiary to the bid item for "Street Excavation"; thcrcforc, no direct payment will be made to Contractor. material becomes the property of the Contractor and must be removed from the cite by the Contractor. The coot of all hauling is considered subsidiary; thcrcforc, no direct payment will be made to Contractor. 1: at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 29 hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR 1: days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying f: Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. 1: The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. Section A-SP (revised 12/15/04) Page 5 of 22 C I If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever r ason, it is necessary to dcviatc from proposed linc and grade to properly cxccutc thc work, thc Contractor shall obtain approval of thc City or Consultant Project Enginccr prior to dcviation. If, in thc opinion of thc City or Consultant Projcct Engineer, thc rcquircd deviation would necessitate a revision to thc drawings, thc Contractor shall provide supporting mcasurcmcnts as rcquircd for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and 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 not o o . - o _ _ o _ o ' compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference - Curb and gutter flow line both sides of street on a 200' interval; Street crowns on a 200' interval and at all intersections. Wastewater: - All rim/invert elevations at manholes; I • Casing elevations (top of pipe and flow lint) (TXDOT and RR permits) . Water: All top of valves bon; Valves vaults rim; Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: • All rim/invert elevations at manholes; • All intersecting lines in manholes; Casing cicvations (top of pipe and flow line) (TXDOT and RR permits) . A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the 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. I Section A-SP (revised 12/15/04) Page 6 of 22 I drawings. (Attachment IV) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the 1: 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, C: both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions La. 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 [m 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) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Section SP (revised 12/15/04) Page 7 of 22 C I d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise : A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in I/ 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation(Percent) 45% 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 percentage is prohibited. I/ 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. I Section A-SP (revised 12/15/04) Page 8 of 22 I 1 A-23 Inspection Required (Revised 7/5/00) 1: The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section 13-6-2 of the General 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, ririncluding 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 follow "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 C: 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 1: 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 C: 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." Section B 0-22, Tax Exemption Provision, is deleted in its entirety and thc following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do not operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 3i, Public Finance of the Texas Administrative Code, or such of Texas. If the Contractor elects to operate under a separated contract, he shall: Obtain the necessary sales tax permits from the State Comptroller. Charges" in the proposal form the cost of materials physically incorporated into thc Project. . Provide the City with copies of material invoices to substantiate the proposal value of materials. Section A-SP (revised 12/15/04) Page 9 of 22 I If the Contractor does not elect to operatc undcr a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors are eligible for sales tax exemptions if thc subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to thc subcontractor and thc subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements I/ For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B 6 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: I Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on 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. -- B 6 11 of the General Provisions is amended to include: 11 Section A-SP (revised 12/15/04) Page 10 of 22 I C Contractor must provide Builder'3 Riok or In3tallation Floatcr insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Buildcr'o Riok or Inotallation Floatcr coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Buildcr'Q I: City must be named additional insured on any policies providing such insurance coverage. = To allow the City Engineer to determine that the bidder is able to perform its require a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for 1; preceding two (2) years. The bidder shall specify the nameand address of the - bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or t: two (2) years. The bidder shall specify the ha me a d a4ress et -- - -- amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. 1: . = -=. ' = . 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 [: A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures The superintendent shall be present, on the job site, at all times that work is being performed 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A-SP 1: (revised 12/15/04) Page 11 of 22 I 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. Under "Ccncral Provisions and Requirements for Municipal Construction Contracts" Section B 3 1 Consideration of Contract add thc following text: the three (3) apparent lowest biddcrs (based on thc Base Bid only) must submit to thc 1/ City Engineer thc following information: A list of thc major componcnts of thc work; 4- A list of thc products to be incorporated into thc Project; -- A schedule of values which cpccifics estimates of thc cost for ach major componcnt of thc work; 4— A schedule of anticipated monthly payments for the Project duration. with a description of the work and dollar amount for each firm; and signed affidavits from the MBE firms, that ouch MBE firms meet the guidelines - I MBE. If the responses do not cl arly show that MBE participation will meet the requirements above, the bidder must cl arly demonstrate, to the satisfaction of the City Enginccr, that a good faith effort has, in fact, been made to moot said requirements but that meeting such requirements is not r asonably possible. • the work. The City Enginccr retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Enginccr of all of its subcontractors prior to beginning work on the Project. thc Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then thc City prior to its participation in the Project. Such approves failure of the Contractor to comply with-this provision constitutes a upon - components of the work. The final progress schedule must be submitted to the City Enginccr at the pre construction conference; • =_- -" - -_- =- -- = the Special Provisions A 28 and A 29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. Section A-SP (revised 12/15/04) Page 12 of 22 I C Documentation ao-required-by Special Provision-A 35 Y., if applicable. - - I: 10. identifying type of entity and state, i.e. , Texan (or other State) Corporation or contract3 on behalf of Said entity. A-31 Amended Policy on Extra Work and Change Orders 1: 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: r. it 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. 1: A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. 1; 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- mow A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc. , the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. 1: I Section A-SP (revised 12/15/04) Page 13 of 22 I 11 �1– Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card ccrtifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Department 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 Attachmcnt 1, The Contractor 311311 not Start, operate, or atop any pump, motor, valve, equipment, owitch, breaker, control, or any other item related to City water facility at any time. All such items muot be operated by an operator or other authorized maintenance employee of the City Water Department. G, EM12: 310:1zikt The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. -B– r�,•cvraformi y wi h ANSI/N Civi—c�c-anda rd 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other - American National Standards Institute/National Sanitation Foundation Such matoriala include all solvents, cicancro, lubricants, gaokcto, 11 thread compounds, coatings, or hydraulic equipment. Theo° items muot ediatel Dior� . The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. All trash generated by the Contractor or his employees, agents, or site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. Contractor's personnel must wear colored uniform overalls other than Contractor shall provide telephones for Contractor personnel. Plant Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday. Contractor must not use any City facility restrooms. Contractor must - provide own sanitary facilities. I Section A-SP (revised 12/15/04) Page 14 of 22 I 4, All Contractor vehicles must be parked at dcsignatcd site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles arc allowed at 0. N. Stevens Water Treatment Plant. All personncl must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for rcquircd work or as directed by City Water Department personncl during emergency evacuation. c 0 0.. o _ . .. -- - _e e.. .e . . :. • • e. Any work to the computer based monitoring and control system must be determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, I; selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or softc.arc spccificd or rcquircd by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: He is regularly engaged in the computer based monitoring and control system businc^s, preferably as applied to the municipal water and wastewater industry. He has performed work on systems of comparable size, type, and complexity as rcquircd in this Contract on at least three prior projects. _ = 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. 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. IM 4. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems spccificd herein. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Whcrc this is not practical, all equipment of a given type will be the product of one manufacturer. g.; Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. re, 4, The Contractor shall produce all filled out programming blocks rcquircd to show the programming as needed and rcquircd, to add C: requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached rcquircd sheets. The Contractor will provide all procirammino blocks used. Section A-SP (revised 12/15/04) Page 15 of 22 I Trenching Requirements All trcnching for this project at thc 0. N. Stevens Water Treatment Plant shall be performed using a backhoc or hand digging duc to thc number of existing underground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal : The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b— Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible 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) , 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 of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f• Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. I/ h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Section A-SP (revised 12/15/04) Page 16 of 22 I I 1: Under "General Provisions and Requirements for Municipal Construction Contracts", B 6 - 15 Arrangement and Charge for Watcr 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 prc construction 1: 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 1; Special Provision. A-39 Certificate of Occupancy and Final The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under 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. 41 n-ono adv:o NOT USED Priming and hot mix paving operations must not be conducted on days for which an ozone I; advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 1: 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 (revised 12/15/04) Page 17 of 22 I 11 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 3 Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. .. 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 11 permissible limits for discharge into wetlands or environmentally sensitive areas. These ore regulated by numerous agcncics ouch as TNRCC, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the -- - the City for approval. Thcrc 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. 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. pipelines of the project, Contractor shall excavate and cxposc said exiting pipelines at f 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet maximum O.C. Section A-SP (revised 12/15/04) Page 18 of 22 I L 1: 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. • Engineer and until Contractor receive° Enginccr'o approval of report. 1: Exploratory excavations shall be paid for on a lump sum basis. 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 1: 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 CP&L and inform 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 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 Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 1: 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 1: termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." The following paragraph modifies aragraph B 2 7 Preparation of Proposal, of the General Provisions: Proposal (SHEETS: 1 THRU 13 OF 13) , INCLUSIVE. The print out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 10 OF 13) . If the Contractor chooses to submit a print out, the print out shall be accompanied by properly completed proposal pages 1, 2, 11, 12, and 13. A " sample&&CtiON At-SP 1: out is shown in Attachment 1. (revised 12/15/04) Page 19 of 22 C j In addition, thc print out will contain the following statement and signature, after thc last bid item: (Contractor) herewith certifies that thc unit prices shown on this print out for bid items (including any additive or Information from this print out. (Contractor) acknowledges and agrccs that thc Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Did amount will be determined by multiplying the unit bid price (Column IV) shown in this print out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. I (Signature) (Title) I (Date)" A-52 Value Engineering The Contractor's attention is directed to paragraph B-4-5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B-2-3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A-53 Du.-t- Control Contractor shall take reasonable m acures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust to prevent blowing duct. This item shall be considered subsidiary to the appropriate bid items where dewatering o --_ -- - ' on dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet -flew prior to entering a storm water drainage ditch or storm water inlet. An naturally without leaving the designated work area or by manmade berms prior to entering settling prior to entering a storm water conduit or inlet. Section A-SP (revised 12/15/04) Page 20 of 22 I 1: Storm watcr or groundwater shall not bc discharged to private property without oxinting storm water system, provided that the quality of groundwater in equal to or performcd by City, at thc City's cost, prior to commencing discharge and shall be retested by thc City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performcd as each new 1: arca of construction is started. Znother option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be opprovcd by the Engineer on a ease by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewatcr Pre treatment Coordinator at 826 1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level 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. L1: 1: I I Section A-SP (revised 12/15/04) Page 21 of 22 I I SUBMITTAL TRANSMITTAL FORM PROJECT: CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPOVEMENTS OWNER: CITY OF CORPUS CHRISTI, TEXAS ENGINEER: RVE ENGINEERING SURVEYING CONTRACTOR: BARCOM COMMERCIAL, INC. SUBMITTAL DATE: - SUBMITTAL NUMBER: - I APPLICABLE SPECIFICATION OF DRAWING SUBMITTAL I I I I I I 3 I I I I Section A-SP (revised 12/15/04) Page 22 of 22 I L AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § L THIS AGREEMENT is entered into this 5TH 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 CAS Companies, LP termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $172,459.78 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: L CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPROVEMENTS JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E12171 TOTAL AMOUNT (BASE BID ONLY): $172,459.78 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. I Page 1 of 3 Rev.Aug-2013 I L 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. I The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. I Signed in 4 parts at Corpus Christi, Texas on the date shown above. I I I I I I Page 2 of 3 Rev.Aug-2013 I I I CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM: By: L�2 By: 1\191 Daniel Biles, P.E. Y Asst. City Attorney Director of Engineering Services Funding Source:E12fl I CCIq EVE D 550910-1061-00000-E12171 (50%) 550910-1020-11870-E12171 (50%) CONTRACTOR ATTEST: (If Corporation) CAS Companies, LP By: Rdkaattatil sarlal'.ti (Seal Below) Title: fe."-Mer (Note: If Person signing for corporation is not President, 1306 FM 1092 Ste 304 attach copy of authorization (Address) to sign) Missouri City, TX 77459 (City) (State) (ZIP) 281/499-4747* 281/499-6655 (Phone) (Fax) I I I I I Page3of3 [fir Rev.Aug-2013 I PROPOSAL/DISCLOSURE STATEMENT I __ _ , r E, cS October 10,2013 Companies Graziella Mesa L City of Corpus Christi Engineering Services 1317 Mestina ICorpus Christi,DC 78401 Via Email:graziellam@cctexas.com RE:Corpus Christi Firing Range Drainage Improvements CAS Quote#2013-330-02 ICAS Companies is pleased to present our proposal for the Corpus Christi Firing Range Drainage Improvements.All Base Bid work to be completed in sixty calendar days. IScope of Work: 1. Install and maintain a SWPPP per plans and specifications. 2. Strip site adjacent to the existing modular building for the installation of a new concrete storage container foundation. 3. Form and shape the pad foundation area and install a 6"sand cushion. 4. Install#4 Rebar at 12"on center each way. 5. Pour#3000 PSI Concrete to the depth of 6"for the storage foundation.Beams will to the depth of 30"and widths will vary from 18"to 12". 6. Install eight each'4"x8"x 12"Anchor Plates for the storage containers. 7. After 28 days of concrete curing,relocate the two storage units to new slab. 8. Demolish the existing wooded porch,grade area to drain,and Re-construct a new pressure treated L deck with roof,ADA ramp,concrete piers,front stairs and new sidewalks. 9. Perform two exploratory excavations to locate and confirm the underground electric lines shown on the plans. 10. Strip vegetation from areas to be excavated or areas where embankment is to be placed and haul off spoils. 11.Excavate a ditch at the southwest section of the training facility and along the back of the modular building.Construct an earthen mound berm.Continue V-bottom ditch to the Pistol Range. 12.Demolish existing concrete apron at the existing pistol range location and pour a new concrete flume. 13.Utilizing the Uretek Method of void filling/soil compaction/concrete lifting,inject materials through a series of 5/8"drilled holes in the immediate areas determined voided 14.At the Rifle Range and North Berm location,excavate a new ditch and repair the side slope embankment. 15.At the Southeast end of the Pistol Range,excavate drainage ditch. 16.At the Northwest end of the Pistol Range,excavate drainage ditch and embankment(using spoils from all excavations)adjacent to pistol range open area. 17.Install miscellaneous concrete items in accordance with the Plans. I18.Remove approximately 35 cy of silt from the rifle range bullet trap basin and 2 trench drains. 1308 FM 1092,Sta.304 3785 S.Alameda,Ste.316 6402 S.Expressway 83 Missouri City,TX 77459 Corpus Christi,TX 78411 Harlingen,TX 78552 fite Phone: 281.499.4747 Phone: 381.334.0888 Phone: 958.218.8200 Fare 281.499.6865 Fax 956.216.8089 www.caslp.com ,.,; I L 19.Site grade all areas and install hydro seeding per specifications. 20.Install the turf reinforcement mats(WTRM)as specified at the North East corner of the Rifle Range location. Total Base Bid Proposal Amount. $172,459.78 Additive c - o#1Amo . $ 40.81 ' .1 ' :..:,a :. ik .$47,032.53 gal PM.1�► e to No.#3 Amount .811.018.18 Total: $271,317.17 *Be advised there is a cost savings of$15,000 to substitute North American Green P300 in leiu of Landlok 300. We appreciate the opportunity to provide pricing as outlined above and look forward to your favorable response. If you have any questions or require additional information,please do not hesitate to contact me at your convenience. Acceptance: Please sign proposal and return to our office. Respectful, oe Perez CAS Companies,LP. 361-728-7104 I I I I I I L �Ui L CAS Factor Calculation Sheet Date Submitted: /M t2_QW s a qof Co •us Christi,:-.J.,,c,c4i.,41.,:z :-._,,,,,. .,........ L .135F1171,1,71.7:,47:71-4T5L.A....,,,.....740-w-_,„PD Firing Range Drainage Improvements CAS N: Mirdiriallia I item I 'Used Amount I Extended Total of Line Items Based on Quantities and Units L Prices(Total OH&P) City Cost Index(Already calculated by RS Means software,by choosing location) ESC 1-Corpus Christi 1 X Cost Adjusted by CAS I - I Coefficient 0.95 X Cost Adjusted for Coefficient I 154,621.15 I Zone Factor >150 miles 1.00 X Cost Adjusted for Zone I 154,621.15 I Job Order Size Factor $0<$25,000 1.00 >$25,000<$150,000 1.00 X >$150,000 and over 1.00 Cost Adjusted for DO Size J 154,621.15 I Time of Performance Factors L Normal M-F(7AM-SPM) 1.00 X Other than Normal,week-ends&holidays 1.00 Cost Adjusted for Time of Performance I 154,621.15 I LAnnual Volume Factors(12 month sliding window) >$1,000,000 1.00 Cost Adjusted for Volume I 154,621.15 I Davis-Bacon(If Applicable) Cost Adjusted for Davis-Bacon I 154,621.15 I L General Liability_ $800.00 •Permlts/Windstorm$ „.. ' �Y Bond }! 'r Cost Adjusted for Permits and Insurance I 162,459.78 I Allowance g ° 1.1 Cost Adjusted Allowance I 172,459.78 I LBond 0.000 X I - I TOTAL ADJUSTED COST 172,459.78 L _ le /alp-a gAS Signature Date L ATTACHMENT 1 PAGE 1 OF 4 L L a Reed Construction Data" Cost Cstfinelt7l3frilort City Of Corpus Christi RSMeansOnline Corpus Christi,TX Date:10-Oct-13 PD Erring Range Drainage improvements Prepared By: Year 2013 Quarter 3 Bill Bowfin Unit Detail Report CAS Companies LheNumber ' Description Quantity Unit Total b et Est,Total Incl. O&P O&P Division DI General Requirements 015433200100 0 Rent excavator diesel hydraulic 2.00 Month 57,288.05 S14,576.10 crawler mounted 12 CY capacity, Incl.Hourly Oper.Cost r 015433204610 gj Rent front end loader,4WD,art.l-1.25 CY 70 HP,In na 2.00 Month $5,562 98 S11,125.95 me,diesel, d. Hourly Oper.Cost. 015433204880 i—i Rent loader,skid steer,wheeled,10 2.00 Month $3,176.91 55,153.82 CP,30 HP,Incl.Hourly Oper.Cost. 015433402050 Rent forklift,for rough terrain,42' 2.00 Day S748.53 SI,497.06 lift 35'reach,9000 lb.,1I0 H.P.,Incl. Hourly Oper.Cost 015433402200 ° 'j 2.00 Month 5933.69 51,867.38 �;;� Rem electric generator gas engine 3 kW,Incl.Hourly Oper.Cost. 015433406410 0 Rent toilet portable chemical,Incl. 2.00 Month 5215.58 $431.16 Hourly Oper.Cost. 015433500520 M Rent grader/dozer attachment, 2.00 Month 51,207.70 S2,415.40 ripper/scarifier,rear mounted,up to 135 H.P,Incl.Hourly Oper.Cost. 015436500020 Z) Mobffzatton or demobilization, 9.00 Ea. 521687 $1.951.83 dozer,loader,bad3we or excavates, 70 H.P.to 150 H.P,up to 50 miles Division 01 General Requirements Subtotal S40,218.70 Dtvbion 02 Existing Conditions 022113090020 R4 Topographical survey,conventional, 5.00 Acre $362.06 $1,810.30 minimum 023219100120 0 Subsurface investigation,test pits, 30.00 C Y• $3603 $1,020.90 losdeclbackhoe,light soli 024113175200 0 Demolish,remove pavement&curb, 8.00 S.Y. $13.74 5109.92 remove concrete,mesh reinforced,to 6'thick,hydraulic hammer,excludes hauling and disposal fees 024113680400 _°:3 Selective demolition,Hood fences& 8.00 Et 51529 5122.32 gates,post in concrete 024119190725 a Selective demolition,rubbish 8.00 Week $695.00 55,560.00 handling,dumpster,20 C.Y,5 ton capacity,weekly rental,includes one dump per week,cost to be added to demolition cost. 024119192040 471 Selective demolition.rubbish 50.00 C.Y. S46.44 52,32200 handling,51'to 100 haul,load,haul, • dump and return,hand carried,cost to be added to demolition cost. 024300001234 A 0 Relocate Storage Container 2.00 Ea. 5500.00 $1,000.00 Division 82 Existing Conditions Subtotal 512,003.44 Division 03 Concrete L ®2012 a Reed Construction Data 1.800434.9509 ATTACHMENT 1 1 PAGE 2OF4 L I L LintNumber D T Description Quantity Unit Total hid. Fxt.Total Intl. (AP O&P 032110600602 •$ %i Reinforcing Steel,in place,slab on 2,400.00 Lb. $0.77 $1,848.00 grade,13 to 87,A6I5,grade 60,tact tabor for accessories,exci material for accessories 033053401200 Structural concrete,in place,column 6.00 C.Y. $587.77 $3,526.62 L (4000 psi),round,less than 2% reinforcing,16"diameter,includes famu(4 uses),Grade 60 mbar, concrete(Portland cement Type I), placing and finishing 033105350150 ei Structural concrete,ready mix,normal 30.00 C Y. 5117.91 $3,53730 weight,3000 psi,Includes local aggregate,sand,Portland cement (Type 1)and welter,delivered, excludes all additives and treatments 033105354001 . Utetek ICR Itet patented material. 5.00 S.F. $920.00 $4,600.00 Includes drilling 5/8"holes.Void [ii Filling of existing void.compact and stabilize underlying sails 033529300200 a Concrete finishing,floors,basic 572.00 S.F. $0.59 $337.48 Ir finishing for unspecified network, bull float,manual float do manual steel till trowel,excludes placing,striking off &consolidating 033923130720 Concrete surface treatment,suing 10.00 Gal. $34.71 5347.10 L compound,200-400 S.F.per gallon,5 gal.lots,includes material only 038113500400 ;l Concrete sawing.concrete slabs,mesh 30.00 L.F. $1.22 $36.60 reinforcing,up to 3"deep S14,Z33.1a Dhisloa a3 Concrete Subtotal Dhasion 05 Metals 050519101430 c Chemical anchor,3/4"dia x 9-112"T., 16.00 EL $4421 $70736 in concrete,bdck custom inci layout,dnling,threaded rod&epoxy cartridge L 051223650400 n} Steel pate,structural,for connections 16.00 S.F. $27.87 $44592 do stiffeners,I/2"T,shop fabricated, inel shop primer 51,153.28 Division OS Metals Subtotal Division 06 Wood,Plastics,and Composites 060505103360 [ ; Selective demolition.wood framing 600.00 L.F. $0.22 $132.00 deck or porch decking 060523102900 V j Nails,prices on material only, 5.00 Lb. $2.23 $1L15 roofing,threaded,galvanized,based on 50 lb box purchase 060523500200 C Wood screws,steel.N8 x 2" 2.00 C S7.17 $1434 060523500800 0 Wood screws,steel.810 x 3" 2.00 C $13.36 $26.72 060523800302 gi T draped,galvanized steel bracing,22 300.00 L.F. $1.42 $426.00 gauge,studs @16"Q.C.,let-In 060523800502 t'-'1 Galvanized steel strap bracing,16 300.00 L.F. $l.69 $507.00 gauge,studs®16"O.C. 061110140100 4"x 4"wood,column*tuning 300.00 L.F. S325 $975.00 #�• 8 061110280100 0 Porch or deck framing.treated lumber, 300.00 L.F. $2 69 5807.00 posts or columns,4"x 4" 061110280170 q Porch or deck framing,treated lumber, 1,000.00 L.F. 52.48 52,480.00 girder,double,2"x 6" L02012 ,Reed Construction Data'1-800-334.3509 ATTACHMENT 1 2 PAGE 3 OF 4 L I LtaeNaatber .er 0 T Description Quantity Unit Total m d1. Ext.Total Incl. O&P OQcP 061110280180 17,4 Porch or desk filming,treated lumber, 1.000.00 LF. $3.10 $3,I00.00 girder,double,2"x r 061110280320 1= Porch or deck framing,treated lumber, 2,800.00 L F. 51.23 $3,444.00 Joists,2"x 6" 061110280330 V.4 Porch or deck framing,treated lumber, 2,000.00 LF. $1.57 $3,140.00 Joists,2"x 8" 061110280510 0 Porch or deck framing,treated lumber 1,500.00 L F. $4.04 $6,060.00 stair treads,5/4•x 6" 061636100202 (J Sheathing,plywood on roof.CDX, 200.00 S.F. $1.30 $260.00 L 518"thick Division 06 Wood,Plastics,and Composites Subtotal $21,383.21 Dhision 09 Finishes 090505203500 ri Flooring demolition,wood,exterior, 400.00 S.F. 51.25 $500.00 porch flooring,1"x 4" $500,!0 Division 09 Finishes Subtotal Divislen 31 Earthwork 311413230020 Topsoil stripping and stockpiling, 5,12&00 GY. $0.92 $4,717.76 topsoil,sandy loam,Ideal conditions, 200 H.P.dozer 311413231550 H./ Topsoil stripping and stockpiling, 6,391.00 S.Y. $0.53 $3,387.23 L Ioam or topsoil,remove and stockpile on site,by doze,1101-4000 S.Y.,6" deep,200'haul L 312216103300 grading,elopes,gentle,finish 10,554.00 S.Y. $0.19 $2,00526 grading 312316130090 Excavating,trench or continuous 3,628.00 B.C.Y. $6 53 $23,690.84 footing.common caitb,1/2 C.Y. excavator,4'to 6'deep,excludes sheeting or dewatering 312512345678 0 $=1 Erosion and Sedimentation 360.00 I.F. $3.28 $1,180.80 Controls-Straw Log Installation 312314876543 Storm Water Pollution Pion 100 EL 1,600.00 $7,015.00 $7,015.00 313200001234 P' ) Lanclok 300 Turf Reinfincement 0.00 S.Y. $8.58 513,728.00 Mat,woven potyproplyene gcotextila fie erosion control $55,724.89 Dhisloa31 Earthwork Subtotal DIvhloa 32 Exterior Improvements 320600004321 t Concrete Flume 4"with 4"x12"Curbs 67.00 S.F. $4.43 $296.81 ,18"x9"Footing.Welded Wire Mesh Fabric 6x6 320600054321 x, Concrete Apron Addition,Drill and 24.00 S.F. $4.12 $98.88 L Dowel into Existing.04 Reber at 12' on center 320610100140 Cl SIdewalks,driveways,and patios, 572.00 S.F. $1.09 $623.48 bedding for brick or stone,sand,4" L thick,excludes base 320610100310 fr13 Sldewsiks,driveways,and patios, 500.00 S.F. $4.63 $2,315.00 sidewalk,concrete,cast-in-place with L 6x6-Wi.4xW1.4 mesh,broomed finish,3000 psi,4"thick,excludes base 323129206060 Q Wood fences&gates,wood post,6 22.00 Ea. $40.77 S896.94 Li, high,set in concrete,Includes concrete 329219130100 Q Seeding,mechanical seeding,44 10,554.00 S.Y. $0.49 $5,171.46 lb/M.S.Y. 59,402.57 Division 32 Exterior improvements Subtotal L .2012 Reed Construction Data'1.800.334-9609 3 ATTACHMENT 1 PAGE 4OF4 I PERFORMANCE BOND STATE OF TEXAS § BOND No. 6011339 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That CAS Companies, LP of the City of Missouri City , County of Fort Bend and State of Texas , as principal ("Principal"), and West American Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or"OWNER"), in the penal sum of ONE HUNDRED SEVENTY-TWO THOUSAND. FOUR HUNDRED FIFTY-NINE AND 78/100 U.S. Dollars ($ 172,459.78 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 5TH of NOVEMBER , 2014,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: CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPROVEMENTS JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E12171 TOTAL AMOUNT(BASE BID ONLY): $172,459.78 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 t f 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 c• day of 4/01/4°M k'r , 2013. PRINCIPAL SURETY CAS Companies,LP West Amer'can Insurance Company By. 4g w 0.4,6; By: Q�/ Kathryn Carr orney-in-f t Henry D.Childers Title: Partner ATTEST: Secretary Address: 1306 FM 1092,Suite 304 Address: 13201 NW Freeway, Missouri City,Texas 77459 Suite,810 Houston,Texas 77040 Telephone: 713-744-1761 Fax: S6 (cch E-Mail: elizabeth.hughes@libertymutual.com (Rev.Date May 2011) Performance Bond Page 2 of 3 krAs } Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch&Associates Address: 1718 Sante Fe.St. (Physical Street Address) Corpus Christi Texas 78404 (City) (State) (Zip) Telephone: 861-883-3803 E-Mail: keetch cr keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business In Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev.Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS § BOND No. 6011339 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That CAS Companies, LP of the City of Missouri City , County of Fort Bend, and State of Texas, as principal ("Principal"), and West American Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED SEVENTY-TWO THOUSAND. FOUR HUNDRED FIFTY-NINE AND NO/100 U.S. Dollars ($ 172.459.78 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 5TH 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: CORPUS CHRISTI POUCE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPROVEMENTS JOB ORDER CONTRACT(RFP 2012-02) PROJECT NO. E12171 TOTAL AMOUNT(BASE BID ONLY): $172,459.78 Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev.Date May 2011) Payment Bond Page 1 of 3 , Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrume In 2, copies each one of which shall be deemed an original, this the day of /VJ eAl h&v , 2013. PRINCIPAL SURETY CAS Companies,LP West Amer' an Insurance Com.an ArBY eeG l.■14, `YI/AAA BY: /y/ �� �r ` , /`" Kathryn Carr-� •t - e -In- - Henry Drilders Title: Partner ATTEST: Secretary Address: 1306 FM 1092 Address: 13201 NW Freeway,Suite 810 Suite 304 Houston Texas 77040 Missouri City,Texas 77459 Telephone: 713-744-1761 Fax: *i G6Is f7 -bro � E-Mail: elizabeth.hughes,ci,libertymutual.com (Rev.Date May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County,Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch&Associates Address: 1718 Sante Fe St. (Physical Street Address) Corpus Christi Texas 78404 (City) (State) (Zip) Telephone: 861-883-3803 E-Mail: keetch@keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev.Date May 2011 Payment Bond Page 3 of 3 l THIS POWER OF ATTORNEY IS NOT VAIJNLESS IT IS PRINTED ON RED BACKGRfD. I This Power of Attorney limits the acts of those named he n,and they have no authority to bind the Company except in manner and to the extent herein stated. Certificate No.6011339 American Fire and Casualty Company Liberty Mutual Insurance Company I The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Bnan A.Schmulen;Gary F.Banks;Henry D.Childers;James B.Kottwitz;Ken Pearson;Kenneth R.Kapelka;Michael W.Turner;SuEllen Landnauit;William L.Kottwitz Jr all of the city of Houston ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of February ,2013 . j, American Fire and Casualty Company 33 ( 3 ) iJ �,M 5�. uance Company 01 19 3 r 6:92 fl InuCompany West America I Compac! f .y s2 C STATE OF WASHINGTON ss Gregory .Davenport,Assistant Secretary as COUNTY OF KING co dOn this 28th day of February , 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American to 0 o m Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, >r) E 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. co W `p > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O Q. d3 QM _.� By: O CO m KD Riley,Not Public — 1 3 6 aio of o 2 11 in = co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance rn o e it Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r c co m ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p c t°12 to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >d o C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :a E m powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so To m "' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > •- ' the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. (Dv. 0 to C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, c > @ and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, IC M p 15 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c op Z ri respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so coi o executed such instruments shall be as binding as if signed by the president and attested by the secretary. cm o Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such h- attorneys-in-fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this " day of t4si ,f20 /5 . c. �4v,� e' J1 t3' r 191.E ''' �9+1 l;,1f By: 44/-7,7„; ti y ii David M.Carey,Assistant Secretary { .' '3.\,•;.,,.. ,r.a' i t' z t,dK'u" G `'y -. i> > ...-..L^' ` `' ' fie" LMS_12873_092012 155 of 250 A Member of Liberty- West American Insurance Company f► Mutual TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener informacion o para someter complaint: una queja: You may call toll-free for information or Usted puede llamar al numero de to make a complaint at telefono gratis para informacion o para someter una queja al 1-800-843-6446 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on Puede comunicarse con el Departamento companies, coverages, rights or de Seguros de Texas para obtener complaints at informacion acerca de companias, coberturas, derechos o quejas at 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de P. O. Box 149104 Seguros de Texas Austin, TX 78714-9104 P. O. Box 149104 FAX It (512) 475-1771 Austin, TX 78714-9104 Web: http://www.tdi.state.tx.us FAX # (512)475-1771 E-Mail: ConsumerProtection n,tdi.state.tx.us Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection ntdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 Should you have a dispute concerning RECLAMOS: your premium or about a claim you Si tiena una disputa concerniente a su should contact the agent or call prima o a un reclamo, debe comunicarse 1-800-843-6446 If the dispute is not o llamar 1-800-843-6446 resolved, you may contact the Texas Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el ATTACH THIS NOTICE TO YOUR departamento (TDI) POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a part or condition of Este aviso es solo para proposito de the attached document. informacion y no se convierte en pane o condicion del documento adjunto. NP 70 68 09 01 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name/No. : Job/IFB##: NO. EE12171 - Firing Range Drainage, ADA Ramp and Porch Improvements Surety Company: West American Insurance Company Gentlemen: I, Garnett Elliott (name of Officer of surety) , hereby certify that the facsimile power of attorney submitted by,Pat S Rosenzweig (Attorney-In-Fact) for CAS Companies , LP(Contractor) , a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 Signed this'l day of L %rt , 20 /„3,.. Name: 7 .i t/ Title: ()/$- , c/&' t Sworn and subscribed to before me on this 3 _ day of 20 f . /ea if RACHEL N DUNCAN , " Notary Public,State of Texas State of_ ' My Commission Expires -,' r ' zeteber29 117 My Commission Expires: /0 024 017 (Revised 9/03) ATTACHMENT 1 1 OF 1 Tlirs__Rowpft 1;T ArroiitiprIS NOT"VAI.J.D.UNEss IT ISRRINTEp ON RED BA6iGIVLINO. This ROO Of Atferftey-limits tads tiktfatteltanted:Itereiiri and they:tiaite Ofi aufflerItile Offitthe Catepaliy exiMitift*a manner and tb diaethinf kelvin Olatect Cli3rlit6,No..80941 51 -AmetiOati F*artd:COudity 0Ornpany Liberty titrtuol los6ranee Company The. 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SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti 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: CAS Companies LP P.O.BOX: STREET ADDRESS: 3765 South Almeda,#315 TA i Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 2. Partnership X 3. Sole Owner ❑ 4. Association 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A 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 Ordmance 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: Bill Bowlin Title: Manager (Type or Print) • Signature of Certifying Date: 4/3/2013 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. • 0 w 0 it a w P4 • L PERFORMANCE BOND STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That CAS Companies, LP of the City of Missouri City , County of Fort Bend and State of Texas , as principal ("Principal"), and , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of ONE HUNDRED SEVENTY-TWO THOUSAND, FOUR HUNDRED FIFTY-NINE AND 78/100 U.S. Dollars ($ 172,459.78 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 5TH 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: CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPROVEMENTS JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E12171 TOTAL AMOUNT (BASE BID ONLY): $172,459.78 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 L I • L 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 day of , 2013. PRINCIPAL SURETY By: By: Attorney-in-fact Title: ATTEST: Secretary Address: Address: L L Telephone: Fax: E-Mail: Er (Rev.Date May 2011) Performance Bond Page 2 of 3 L L L Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of I. notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E-Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END I I C I (Rev. Date May 2011) Performance Bond Page 3 of 3 L 0 H L..111 LA LA Ltd/0 LA LA LA 1 PAYMENT BOND L STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That CAS Companies, LP of the City of Missouri City , County of Fort Bend, and State of Texas, as principal ("Principal"), and , 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 ONE HUNDRED SEVENTY-TWO THOUSAND, FOUR HUNDRED FIFTY-NINE AND NO/100 U.S. Dollars ($ 172,459.78 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 5TH 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: CORPUS CHRISTI POLICE DEPARTMENT FIRING RANGE DRAINAGE ADA RAMP AND PORCH IMPROVEMENTS JOB ORDER CONTRACT (RFP 2012-02) PROJECT NO. E12171 TOTAL AMOUNT (BASE BID ONLY): $172,459.78 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 I L • 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 2 copies, each one of which shall be deemed an original, this the day of _, 2013. PRINCIPAL SURETY By: By: Attorney-in-fact Title: ATTEST: Secretary Address: Address: Telephone: Fax: �r E-Mail: I I (Rev.Date May 2011) Payment Bond Page 2 of 3 I L Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (Zip) Telephone: E-Mail: Surety company authorized to do business in Note: Bond shall be issued by a solvent y p y Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END L I Rev. Date May 2011 Payment Bond Page 3 of 3 I I l ® DATE(MMlDDlYYYY) A E' CERTIFICATE OF LIABILITY INSURANCE 09/06/2013 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 SHAWN WYATT THE WYATT AGENCY Axel,Ext):936-291-3074 SAC,Nn):936-291-1217 1300 11TH STREET ADDRESS:ARGO1(c'D.SBCGLOBAL.NET SUITE 305-E INSURER(S)AFFORDING COVERAGE NAIC# HUNTSVILLE,TX 77340 INSURER A: ARCH SPECIALTY INSURANCE COMPANY INSURED CAS COMPANIES, LP INSURER B: 1306 FM 1092 INSURER C: STE. 304 INSURER D'. MISSOURI CITY,TX 77459 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY 12EMP43680-08 / 9/6/13 9/6/14 EACH OCCURRENCE $ 1,000,000 DAMAGETO RENTED X COMMERCIAL GENERAL LIABILITY / PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE X OCCUR V MED EXP(Any one person) S 5,000 X ASBESTOS/LEAD/MOLD PERSONAL&ADV INJURY $ 1,000,000 X POLLUTION LIABILITY GENERAL AGGREGATE $✓ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X 1 POLICY I-1 E n LOC $ COMBINED SINGLE LIMI I AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) 5 HIRED AUTOS NON SWNED PROPERTY DAMAGE $ er accident) 5 A X UMBRELLA LIAB X OCCUR 12 EMX 72098 01 ✓ 9/6/13 9/6/14 EACH OCCURRENCE $ /2,000,000 EXCESS LIAB CLAIMS-MADE / _AGGREGATE $ 2,000,000 _ X DED I I RETENTION$ Y $ WORKERS COMPENSATION I TORY LIMITS 1 10 ER AND EMPLOYERS'LIABILITY Y 1 N ANY PROPRIETOR/PARTNERIEXECUT1VE I N!A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS below A 12EMP43680-08 9/6/13 9/6/14 $1,000,000 OCCURRENCE PROFESSIONAL LIABILITY 4 $2,000,000 AGGREGATE CLAIMS-MADE DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROJECT: RFP NO.2012-02 BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ON ALL POLICIES IS PROVIDED PER POLICY LANGUAGE AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE.CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE EL BE DELIVERED IN CITY OF CORPUS CHRISTI ACCORDANCE WITH THE POLICY PROVISION ENGINEERING DEPT. 1201 LEOPARD ST. AUTHORIZED R SE Tt E CORPUS CHRISTI,TX 78401 I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NOTICE TO CERTIFICATE HOLDERS In keeping with our client's request, we are providing you with a Certificate of Insurance using the latest ACORD 25 — Certificate of Liability Insurance (2010/05) form. Prior editions have been withdrawn by ACORD and are no longer available. Since these are copyrighted forms we use under licensing agreements, we must follow ACORD's usage instructions. There are major differences in the form now being used: 1. The cancellation box has been changed to provide notice of cancellation to the certificate holder in accordance with policy provisions. The former language is no longer available and the new edition of the certificate cannot be altered because of copyright law. 2. The certificate holder's status as an Additional Insured is now shown by placing an "X" in the box to the right of the column titled "Type of Insurance". 3. If a Waiver of Subrogation is being given, it will also be shown by placing an "X" in the box to the right of the Additional Insured box. 4. The space on the certificate for the Description of Operations/Locations/Vehicle has now been reserved for that use, and we are no longer allowed to insert wording that indicates status as an additional insured, waiver of subrogation, primary and non- contributory, etc. We are allowed to insert the name and number of the policy forms granting those extensions. Copies are attached for your review. We are also permitted to show a project name, lease #, contract #, etc. As the agent for the insured, we are here to try to make this transition as transparent and easy as possible. If you have a question or problem with the certificate you have received, please call Ms. Conny Vadovsky at (281) 531 2062. We will try to resolve your issue if possible. After January 1, 2012, all certificate forms used in Texas have to be approved by the Texas Department of Insurance. For further information, you may contact the Public Information Office, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714. For further information as to ACORD requirements, you may contact Acord by visiting their website at www.acord.org. DESCRIPTIONS (Continued from Page 1) WC420601 Eff 2012.pdf Project: RFP No.2012-02 SAGITTA 25.3(2010/05) 2 of 2 #S187261/M187241 t Client#:22828 CASCO2 t , ACORDT<<, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)10/08/2013 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 NAMEACT Kristin McCaughey __ !nsurance Assoc.of the S.W., LLC [PHONE E 281 558-6363 -1 FAX Not 2815584765 A/C,No, zt P.O. Box 441767 in E-MAIL kristinm Ins-ias.com ADDRESS: Houston,TX 77244 C#- INSURER(S)AFFORDING COVERAGE NAI # 281 558-6363 INSURERA:Texas Mutual Insurance Corn ;22945 INSURED INSURER B:Republic Underwriters Ins 24538 CAS Companies, LP INSURER C: 1306 FM 1092,Ste 304 - - INSURER D: Missouri City,TX 77459 INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR '.ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER SMMIDD/YYYY)';(MM/DDIYYYY) GENERAL LIABILITY ! EACH OCCURRENCE 1 S -- -- DAMAGE TO RENTED S l COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) S- PERSONAL&ADV INJURY S I l _ - GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PE 1 LOC _ S B AUTOMOBILE LIABILITY X X BAP5517621 01 08/17/2013[08/17/2 14_1Ea COMBIaccident)NED SINGLE LIMIT S 1,000,000 XI ANY AUTO / BODILY INJURY(Per person) S .Y/ ;ALL OWNED SCHEDULED BODILY INJURY(Per accident) S _____ AUTOS i AUTOS X - � AUT OS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS �X _ (Per accident) ---- is ._. - UMBRELLA LIAB _. _- _.--------- ---- --.. .... .- __- --- - ---- ---- - ---- OCCUR EACH OCCURRENCE -L EXCESS LIAB C LAIMS-MA AGGREGATE T S WORKERS COMPENSATION N S WC STATU I OTH-� A AND EMPLOYERS LIABILITY X TSF00012277 6 08121/2013 0812112014 X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE' I N N/A' / E.L.EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? V (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $1,000,000 I If yes,describe under DESCRIPTION OF OPERATIONS below ___ E.L.DISEASE-POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Attachments: Certificate holder notice Revised.pdf CAR053-0311 EFF 2013.pdf WC420304A Eff 2012.pdf ILR026-0112 EFF 2013.pdf (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Contract Administrator PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78469-9277 � /' ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S209325/M209271 CCV DESCRIPTIONS (Continued from Page 1) WC420601 Eff 2012.pdf Project: RFP No.2012-02 SAGITTA 25.3(2010/05) 2 of 2 #S209325/M209271 NOTICE TO CERTIFICATE HOLDERS In keeping with our client's request, we are providing you with a Certificate of Insurance using the latest ACORD 25 — Certificate of Liability Insurance (2010/05) form. Prior editions have been withdrawn by ACORD and are no longer available. Since these are copyrighted forms we use under licensing agreements, we must follow ACORD's usage instructions. There are major differences in the form now being used: 1. The cancellation box has been changed to provide notice of cancellation to the certificate holder in accordance with policy provisions. The former language is no longer available and the new edition of the certificate cannot be altered because of copyright law. 2. The certificate holder's status as an Additional Insured is now shown by placing an "X" in the box to the right of the column titled "Type of Insurance". 3. If a Waiver of Subrogation is being given, it will also be shown by placing an "X" in the box to the right of the Additional Insured box. 4. The space on the certificate for the Description of Operations/Locations/Vehicle has now been reserved for that use, and we are no longer allowed to insert wording that indicates status as an additional insured, waiver of subrogation, primary and non- contributory, etc. We are allowed to insert the name and number of the policy forms granting those extensions. Copies are attached for your review. We are also permitted to show a project name, lease #, contract #, etc. As the agent for the insured, we are here to try to make this transition as transparent and easy as possible. If you have a question or problem with the certificate you have received, please call Ms. Conny Vadovsky at (281) 531 2062. We will try to resolve your issue if possible. After January 1, 2012, all certificate forms used in Texas have to be approved by the Texas Department of Insurance. For further information, you may contact the Public Information Office, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714. For further information as to ACORD requirements, you may contact Acord by visiting their website at w-ww.acord.org. THIS EN ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED! PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (COVERAGES A& B) This endorsement modifies insurance provided under the Environmental Multiline Policy In consideration of the premium charged, it is hereby agreed that Section III -WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A and B, but only to the extent of liability arising out of YOUR WORK performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured. This Endorsement does not apply to BODILY INJURY or PROPERTY DAMAGE arising out of the sole negligence or willful conduct of,or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary,excess,contingent or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. Additional Insured: ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. 1 All other terms and conditions of this Policy remain unchanged. Endorsement Number: 12 Policy Number: 12 EMP 43680 07 Named Insured: CAS COMPANIES, LP; CLEAN AIR SOLUTIONS, LP;TECHCLEAN INDUSTRIES This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date:9/6/2012 1 of 1 00 EMP0073 00 08 04 BAP5517621 01 COMMERCIAL AUTO CA R053 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: /BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. A. Changes In SECTION II - LIABILITY COVER- (1) 180 days following acquisition or for- AGE mation of the business entity; 1. The following is added to paragraph A.1. Who (2)You report the new entity to us; Is An Insured Provision: (3) End of the policy period. d. Any person(s) or organization(s) you are This clause,known as the Broad Form required by written agreement or written Named Insured clause,does not apply to contract or permit to include as an addition- any person or organization for which cover- al insured, but only with respect to their le- age is excluded by endorsement. gal liability for acts or omissions of any per- son(s) or organization(s) for whom Liability This Broad Form Named Insured clause Coverage is afforded under this policy ex- does not apply to any"accident"which oc- cept: cuffed before you acquired or formed the (1) To injury", ro damage", new entity. ( 1 "bodily "P PertY or covered pollution cost or expense" This policy is excess over any other collect- arising out of the sole negligence of ible insurance which provides coverage for the person(s) or organization(s) in- any newly acquired or formed entity. cluded as an additional insured; f. Any"employee"of yours is an"insured" while using a covered"auto"you don't own, (2) To"bodily injury"or"property dam- hire or borrow in your business or your per- age" not caused, in whole or in part, sonal affairs. This coverage is excess to by you or by those acting on your be- any other collectible insurance coverage. half; 2.The following sections of paragraph A.2.a. (3) To any person(s)or organization(s) Supplementary Payments are revised as fol- who are an additional insured only lows: because of this endorsement or a cer- (2) Up to$3,000 for cost of bail bonds tificate of insurance; (including bonds for related traffic law (4) To any railroad named as an addi- violations)required because of an tional insured whether by agreement, "accident"we cover. We do not have contract or permit. to furnish these bonds. e.Any business entity newly acquired or (4)All reasonable expenses incurred by formed by you during the policy period pro- the"insured"at our request,iicluding vided you own 50%or more of the business actual loss of earnings up to$350 a entity and the business entity is not sepa- day because of time off from work. rately insured for Business Auto Coverage. Coverage under this provision is afforded on- ly until the earliest of the following: CA R053 0311 Includes Copyrighted Material of Insurance Services Offices, Page 1 of 4 Inc.,with its permission. Untitled(12).max • B.Changes In SECTION III- PHYSICAL DAMAGE (d) Costs for extended warranties,Credit COVERAGE Life Insurance, Health, Accident or 1. Paragraph A.2.Towing is replaced by the fol Disability Insurance purchased with lowing: the loan or lease;and Unless otherwise excluded or not covered (e) Carry-over balances from previous we will pay up to$100 for towing and labor loans or leases. costs incurred each time a covered"auto"of d. Hired Auto Physical Damage Coverage the private passenger type is disabled. (1) If this policy covers Comprehensive, However,the labor must be performed at Specified Causes of Loss or Collision the place of disablement. Coverage for any"auto"you own,cover- 2. Paragraph A.4.a.Coverage Extensions is re- age is extended to include the same placed by the following: Physical Damage Coverages, including a. Transportation Expenses the largest deductible(s), to include any "auto"you hire or borrow. This exten- We will pay up to $50 per day to a maxi- sion does not apply to"autos"you hire or mum of$1,500 for temporary transportation borrow with a driver. expense incurred by you because of the to- tal theft of a covered "auto" of the private (2) The most we will pay for"loss"in any passenger type. We will pay only for those one"accident"is the lesser of: covered "autos" for which you carry either (a) The actual cash value of the dam- Comprehensive or Specified Causes Of aged or stolen property as of the time Loss Coverage. We will pay for temporary of the"loss", or transportation expenses incurred during the period beginning 48 hours after the theft (b) The cost of repairing or replacing the and ending, regardless of the policy's expi- damaged or stolen"auto"with other ration, when the covered "auto" is returned property of like kind and quality. to use or we pay for its"loss". (c) $50,000. 3.The last paragraph In A.4.b.Coverage Exten- (3) An adjustment for depreciation and sions is deleted in its entirety and replaced by: physical condition will be made in de- b. Loss of Use Expenses termining actual cash value in the event However,the most we will pay for any ex- of a total"loss". penses for loss of use is$65 per day,for a (4) If a repair or replacement results in bet- maximum of$1,950. ter than like kind or quality, we will not 4.The following are added to paragraph A.4. pay for the amount of the betterment. Coverage Extensions: (5) The following are deemed to be covered "autos"you own: c.Auto Loan/Lease Gap Coverage (a)Any covered"auto"you lease, hire, In the event of a total"loss"to a covered rent or borrow; and private passenger"auto"to which physical (b)Any covered"auto"hired or rented by damage coverage applies,we will pay any your"employee"under a contract in unpaid amount due on the lease or loan for that individual"employee's"name a covered"auto", less: with your permission,while perform- (1)The amount paid under the Physical ing duties relating to the conduct of Damage Coverage Section of the policy; your business. and, e.Theft Expenses (2)Any: If a stolen "auto" is insured for liability (a) Overdue lease/loan payments at the only under this policy we will pay up to time of the"loss"; $500 for the expense of returning that (b) Financial penalties imposed under a covered"auto"to you. lease for excessive use, abnormal f. Personal Effects Coverage wear and tear or high mileage; For any owned"auto"that is involved in (c) Security deposits not returned by the a covered"loss",we will pay up to$500 lessor; for"personal effects"that are lost or damaged as a result of the covered "loss",without applying a deductible. Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 0311 Inc.,with its permission. Untitled(12).max • 5. Paragraph B.3.a. Exclusions is replaced by This coverage applies only to a covered the following: "auto" of the private passenger, light truck a.Wear and tear,freezing, mechanical or or medium truck type (20,000 lbs or less electrical breakdown.This exclusion gross vehicle weight)and does not apply to does not apply to the accidental dis- initiation or set up costs associated with loans or leases. charge of airbags. 6. Exclusion B.4.a.,pertaining to Tapes, Records 8 The following are added to D. Deductible: and Discs Coverage, is replaced with the fol- a.Glass Repair-Waiver of Deductible lowing: No deductible applies to "loss" to glass a. If this policy covers Comprehensive, used in the windshield, doors and windows Specified Causes of Loss or Collision if it is repaired instead of replaced. Coverage for any"auto"you own,we will b.Waiver of Collision Deductible - Parked pay for"loss"to tapes,records, discs or Car other similar devices used with audio,vis- If a covered "auto"is legally parked and in- ual or data electronic equipment.We will curs a "loss"due to a collision, the Collision pay only if the tapes, records,discs or Deductible shown in the Declarations will be other similar audio,visual or data elec- waived. tronic devices: (1)Are your property or that of a family c.Multiple Deductibles member,and In the event of any occurrence resulting in a (2)Are in a covered"auto"at the time of "loss" covered under more than one of the "loss". coverages provided under paragraph A. Coverage of SECTION III - PHYSICAL The most we will pay for"loss" is$200. DAMAGE COVERAGE including the cove- We will not pay for"loss"or damage rages under B.2., B.3. and 8.4. of this en- caused by marring,scratching,wear and dorsement, the deductibles shall be applied tear or mechanical or electrical break- as described in (1)or(2) below: down. (1) If all applicable deductibles are equal in No Physical Damage Coverage deducti- amount,that amount will apply only once ble applies to this coverage. for all losses from each occurrence. 7.The following is added to C. Limit of Insur- We will add the amount of loss from all ance: applicable coverages and subtract the New Vehicle Replacement Cost deductible from the total. In the event of a total loss to your"new ve- (2) If all applicable deductibles are different hide"to which physical damage applies, we amounts,we will use the method de- will pay at our option: scribed in (a)or(b)below which results in higher total payment to you. (1) The verifiable"new vehicle"purchase price you paid for your damaged vehicle, (a)We will apply each deductible to the not including any insurance or warranties loss for the coverage to which it ap- purchased; plies; or (2) The purchase price, as negotiated by us, (b)We will add the amount of loss from of a new vehicle of the same make, all applicable coverages and subtract model and equipment, not including any from the total the largest applicable furnishings, parts or equipment not in- deductible. stalled by the manufacturer or manufac- This Multiple Deductible clause applies turer's dealership. If the same model is separately to each covered"auto". not available pay the purchase price of C. Changes In SECTION IV-BUSINESS AUTO the most similar model available; CONDITIONS (3) The market value of your damaged ve- 1. Paragraph A.2.a.of Duties In The Event Of hide, not including any furnishing,parts Accident, Claim,Suit Or Loss is deleted in its or equipment not installed by the manu- entirety and replaced by: facturer or manufacturer's dealership. a. In the event of"accident",claim, "suit"or "loss",you must give us or our authorized CA R053 0311 Includes Copyrighted Material of Insurance Services Offices, Page 3 of 4 Inc.,with its permission. Untitled(12) max • • representative prompt notice of the"acci- has not been previously titled and is less dent"or"loss". Include: than 365 days past the purchase date. (1) How,when and where the"accident"or R. "Personal effects" means your tangible "loss"occurred; property that is worn or carried by you, ex- (2) The"insured's"name and address; and cept for tools,jewelry, money or securities. (3) To the extent possible,the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized rep- resentative notice of the "accident", claim, "suit" or "loss", applies only when the "acci- dent", claim,"suit"or"loss", is known to: (1)You, if you are an individual; (2)A partner if you are a partnership; (3)A member if you are a limited liability company;or (4)An executive officer or insurance man- ager, if you are a corporation. 2. The following is added to A.5.Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogation): If a written agreement,written contract or permit requires that you waive any right of recovery against any person or organization we also waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of an"accident". 3.The following is added to paragraph A. Loss Conditions: 6. Any agreement, contract, lease or permit requiring: a.You to include any person or organiza- tion as an additional insured;or b.You to waive your rights of recovery against any person or organization; must be signed prior to an"accident". 4. The following is added to B.2. Concealment, Misrepresentation Or Fraud: If you unintentionally fail to disclose any ha- zards existing at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. However,this provision does not affect our right to collect additional premium or exer- cise our right of cancellation or non- renewal. D. Changes in SECTION V-DEFINITIONS 1.The following definitions are added: Q. "New Vehicle" means any"auto"of which you are the original owner and the"auto" Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, CA R053 0311 Inc.,with its permission. Untitled(12) max THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the Environmental Multiline Policy In consideration of the premium charged, it is hereby agreed that the Policy is amended by the following additions: 1. The following is added to Section V, COMMON CONDITIONS: We shall provi•- 30 •ays written notice (except 10 days for non payment of premium) prior to a 0AKMATERIAL CH'NG •F POLICY TERMS or Cancellation of the Policy to CITY OF CORPUS CHRISTI 1201 LEOPARD ST. CORPUS CHRISTI,TX 78401 2. The following is added to Section VII, DEFINITIONS: MATERIAL CHANGE OF POLICY TERMS means a change of the Declarations regarding: a. A change in the POLICY PERIOD, or b. A removal of a Coverage Section, or c. A removal of any Named Insured or Insured specifically identified by name in the policy, or d. A reduction of the amount of Limits of Liability, which reduction is not the result of payment of CLAIMS or CLAIM EXPENSES,or e. A reduction in the amount of the Policy Aggregate, which reduction is not the result of payment of CLAIMS or CLAIM EXPENSES. All other terms and conditions of this Policy remain unchanged. Issued By: Arch Specialty Insurance Company Additional Premium: $100 Endorsement Number: 16 Policy Number: 12 EMP 43680 07 17 i Named Insured: CAS COMPANIES, LP; CLEAN AIR SOLUTIONS, LP; TECHCLEAN INDUSTRIES This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 11/7/2012 00 EMP0068 00 08 04 Page 1 of 1 POLICY NUMBER: BAP 5517621 01 INTERLINE IL R026 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. V CANCELLATION PROVISION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART JCOMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CONDOMINIUM DIRECTORS AND OFFICERS LIABILITY CRIME AND FIDELITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/17/2013 Countersigned By: Named Insured:CAS COMPANIES, LP (Authorized Representative) SCHEDULE Number of Days' Notice: (a) Non-payment of premium: 1 iD days (b)Any reason othcr than non-payment of premium: Sp days Name Of Person Or Organization: :ITY OF CORPUS CERISII; DEPARTMENT OF ENGINEERING SERVICES Address: PC BOX 9277 Co_pus Christi,TX 78459 If this policy is canceled by us, we will mail notice of cancellation to the person or organization named in the Sche- dule. We will give the number of days notice indicated in the Schedule. IL R026 01 12 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. . • • 1® WORKERS' COMPENSATION AND EMPLOYERS e1a.sI1Iuu.i.ai LIABILI TY INSURANCE POLICY lInssuranceCompany WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. / Schedule 1. Number of days advance notice: 30 Ni 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only whe this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on Au g u s t 21 , 2012 at 12:01 A.M.standard time,forms a part of Policy No TSF-0001227796 20120821 of the Texas Mutual Insurance Company Issued to CAS COMPANIES LP / JEndorsement No. 1 ** Premium$ 0.00 'A�� U ** ** Authorized Representative WC420601 (ED.1-94) INSURED'S COPY WASENDRS 8-21-2012 ® WORKERS' COMPENSATION AND EMPLOYERS. . ea.si1IutuaiLIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 ,00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No, TSF-0001227796 20120821 of the Texas Mutual Insurance Company Issued to CAS COMPAN I ES LP Endorsement No. Premium$ ` dh_ Authorized Representative WC420304A(ED.1-01-2000) AGENT'S COPY QUSER 8-20-2012