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C2014-306 - 12/16/2014 - Approved
ed, 2014-306 12/16/14 SPECIAL PROVISIONS Ord. 030382 Haas-Anderson Construction Ltd. 4, SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) Prepared by �� .:0••• OF r£xgs •11 Goy ind Development, LLC. ;• * � 9359 IH 37, Suite ANO MARCOS YBARRA tit Corpus Christi, Texas 78409 100196 • / Phone: 361/241-2j177 DEVELOPMENT,LLC ,\��, Fax: 361/241-2200 t;,'!1/2 ct <;P;t - r ` z" vZ FOR DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI, TEXAS _ Phone: 361/826-3500 Fax: 361/826-3501 R Corpus Chr sti Texas Capital Department Programs of Transportation PROJECT NO: E12215 DRAWING NO: STR 904 L Revised 00/00/00 CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) Table of Contents NOTICE TO BIDDERS (Revised 11/20/13) NOTICE TO CONTRACTORS—A(Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS — B (Revised 7/5/00) (Workers' Compensation Coverage for Building or Construction Projects for Government Entities) PART A—SPECIAL PROVISIONS-CITY OF CORPUS CHRISTI A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time and Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals 1 A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field Office(NOT USED) L, A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A 21 Project Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy(Revised 10/98) A 23 Inspection Requirod(NOT USED) A-24 Surety Bonds A 25 Sales Tax Exemption(NOT USED) A-26 Supplemental Insurance Requirements 1 A 27 Responsibility for Damage Claims(NOT USED) A-28 Considerations for Contract Awards and Execution A-29 Contractor's Field Administration Staff 1 A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work L I A-34 Precedence of Contract Documents A 35 City Water Facilities: Special Requirements(NOT USED) A-36 Other Submittals A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acccptanco(NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnifications & Hold Harmless A-44 Change Orders A-45 As-Built Dimensions and Drawing A 16 Disposal of Highly Chlorinated Water(Revised 7/5/00)(NOT USED) A 47 Pre Construction Exploratory Excavations (7/5/00)(NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress ATTACHMENTS • Attachment 1:Submittal Transmittal form PART A - SPECIAL PROVISIONS -TxDOT I SP000-003 Notice to All Bidders SP000-004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) SP000-006 Standard Federal Equal Opportunity Construction Contract Specifications (Executive Order 11246) SP000-009 Certification of Nondiscrimination in Employment SP000-1483 Notice of Changes to U.S. Department of Labor Required Payroll Information SP000-1966 Disadvantaged Business Enterprise in Federal Aid Contracts SP000-2329 Partnering SP000-2332 Schedule of Liquidated Damages SP000-2607 Nondiscrimination SP000-2638 On-the-Job Training Program SP000-2839 Important Notice to Contractors SP001-015 Definition Qf Terms SP004-017 Scope of Work SP005-004 Control of the Work SP006-030 Control of Materials SP006-047 Control of Materials SP007-918 Legal Relations and Responsibilities SP008-119 Prosecution and Progress SP009-009 Measurement and Payment SP009-015 Measurement and Payment SP100-002 Preparing Right of Way SP247-033 —Flexible Base SP302-010 Aggregates for Surface Treatment SP316-016 Surface Treatments SP340-003 Dense-Graded Hot Mix Asphalt (Method) SP420-002 Concrete Structures SP421-035 Hydraulic Cement Concrete SP440-006 Reinforcing Steel I I SP500-011 Mobilization lit SP502-033 Barricades, Signs, and Traffic Handling SP530-006 Intersections, Driveways and Turnouts r SP531-005 Sidewalks L. SP672-034 Raised Pavement Markers PART B— GENERAL PROVISIONS isi PART C — FEDERAL WAGE RATES AND REQUIREMENTS PART D— FEDERALLY REQUIRED LANGUAGE PART S —STANDARD SPECIFICATIONS All street, drainage, earthwork, erosion control improvements, and associated construction bid items and practices shall comply with the 2004 TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges. TxDOT STANDARD SPECIFICATIONS (By Reference) Li Item 1-9 General Requirements and Covenants Item 100 Preparing Right-of-Way(104) LItem 104 Removing Concrete Item 105 Removing Stabilized Base and Asphalt Concrete Item 110 Excavation IItem 132 Embankment(100, 204, 210, 216, 400) Item 162 Sodding for Erosion Control I. Item 168 Vegetative Watering Item 204 Sprinkling IItem 210 Rolling (100) L Item 216 Proof Rolling (210) Item 247 Flexible Base (105, 204, 210, 216, 520) LItem 300 Asphalts, Oils, and Emulsions Item 301 Asphalt Antistripping Agents (520) iii Item 302 Aggregates for Surface Treatments(300) Item 310 Prime Coat(300, 316) LItem 316 Surface Treatment(210, 300, 302, 520) Item 320 Equipment for Asphalt Concrete Pavement(520) I L I Item 340 Dense Grade Hot mix Asphalt Method (210, 300, 320, 520, 585) 1 Item 351 Flexible Pavement Structure Repair(204, 247, 310, 316, 340) Item 361 Full-Depth Repair of Concrete Pavement(340,360,421,440, DMS 6100, 3268) 1 Item 400 Excavation and Backfill for Structures (132, 420, 421) Item 420 Concrete Structures (400, 421, 427, 440) Item 421 Hydraulic Cement Concrete Item 427 Surface Finishes for Concrete (420) Item 440 Reinforcing Steel I Item 500 Mobilization Item 502 Barricades, Signs, and Traffic Handling Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 520 Weighing and Measuring Equipment I Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter(420, 421, 440) Item 530 Intersections, Driveways, and Turnouts (247, 316, 340, 421, 440) Item 531 Sidewalks (104, 420, 421, 440, 530) 1 Item 585 Ride Quality for Pavement Structures Item 662 Work Zone Pavement Markings (666, 668, 672, 677) 1 Item 666 Reflectorized Pavement Markings with Retroreflective Requirements (316, 662, 677, 678) 1 Item 668 Prefabricated Pavement Markings Item 672 Raised Pavement Markers (677, 678) 1 Item 677 Eliminating Existing Pavement Markings and Markers (300, 302, 316) Item 678 Pavement Surface Preparation for Markings (677) 1 PART T-TECHNICAL SPECIFICATIONS I TxDOT SPECIAL SPECIFICATION (Included) Item 1122 Temporary Erosion, Sedimentation and Environmental Control I Item 3268 Dense-Graded Hot-Mix Asphalt(210, 300, 301, 320, 520, 585) I I I ILIST OF DRAWINGS 1. COVER SHEET 2. GENERAL NOTES AND LEGEND 3. SUMMARY SHEETS AND TESTING SCHEDULE 4. COLUMBIA STREET TYPICAL SECTION 5. LIPAN STREET TYPICAL SECTION 6. COLUMBIA STREET EXISTING GAS LINE BASEMAP 7. COLUMBIA STREET EXISTING STORM WATER BASEMAP 8. COLUMBIA STREET EXISTING WASTEWATER BASEMAP 9. COLUMBIA STREET EXISTING WATERLINE BASEMAP 10. COLUMBIA STREET PLAN 11. COLUMBIA STREET PLAN 12. COLUMBIA STREET PLAN 13. INTERSECTION OF COLUMBIA AND VILLAREAL ADA RAMPS 14. INTERSECTION OF COLUMBIA AND VILLAREAL ADA RAMPS 15. INTERSECTION OF COLUMBIA AND CLOVER ADA RAMPS 16. INTERSECTION OF COLUMBIA AND SAN RAFAEL ADA RAMPS 17. INTERSECTION OF COLUMBIA AND ROCKLAWN ADA RAMPS 18. INTERSECTION OF COLUMBIA AND IMPERIAL ADA RAMPS 19. INTERSECTION OF COLUMBIA AND BLOOMINGTON ADA RAMPS 20. INTERSECTION OF COLUMBIA AND BLOOMINGTON ADA RAMPS 21. INTERSECTION OF COLUMBIA AND MENDOZA ADA RAMPS 22. INTERSECTION OF COLUMBIA AND LOLITA ADA RAMPS 23. INTERSECTION OF COLUMBIA AND HORNE ADA RAMPS 24. LIPAN STREET EXISTING GAS LINE BASEMAP 25. LIPAN STREET EXISTING STORM WATER BASEMAP 26. LIPAN STREET EXISITING WASTEWATER BASEMAP 27. LIPAN STREET EXISITING WATERLINE BASEMAP 28. LIPAN STREET PLAN 29. LIPAN STREET PLAN 30. LIPAN STREET PLAN 31. INTERSECTION OF LIPAN AND PALM ADA RAMPS 32. INTERSECTION OF LIPAN AND PORT ADA RAMPS (1 OF 2) 33. INTERSECTION OF LIPAN AND PORT ADA RAMPS (2 OF 2) 34. INTERSECTION OF LIPAN AND 19TH ST. ADA RAMP 35. STANDARD DETAILS (CITY OF CORPUS CHRISTI CURB, GUTTER AND SIDEWALK DETAILS) 36. STANDARD DETAILS 1 OF 2 (CITY OF CORPUS CHRISTI DRIVEWAY DETAILS) 37. STANDARD DETAILS 2 OF 2 (CITY OF CORPUS CHRISTI DRIVEWAY DETAILS) 38. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMP STANDARDS 1 OF 4 39. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMP STANDARDS 2 OF 4 40. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMP STANDARDS 3 OF 4 41. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMO STANDARDS 4 OF 4 42. BARRICADE &CONSTRUCTION STANDARDS 43. BARRICADE &CONSTRUCTION STANDARDS 44. BARRICADE &CONSTRUCTION STANDARDS 45. BARRICADE &CONSTRUCTION STANDARDS 46. BARRICADE &CONSTRUCTION STANDARDS 47. BARRICADE &CONSTRUCTION STANDARDS 48. BARRICADE &CONSTRUCTION STANDARDS 49. BARRICADE &CONSTRUCTION STANDARDS 50. BARRICADE &CONSTRUCTION STANDARDS 51. BARRICADE &CONSTRUCTION STANDARDS 52. BARRICADE &CONSTRUCTION STANDARDS 53. BARRICADE &CONSTRUCTION STANDARDS 54. TCP STANDARDS r 3 55. TCP STANDARDS 56. TCP STANDARDS 57. WORK ZONE SHORT TERM PAVEMENT MARKINGS 58. PAVEMENT MARKING STANDARDS 59. PAVEMENT MARKING STANDARDSIl 60. PAVEMENT MARKING STANDARDS 61. EPIC SHEET 62. BIODEGRADABLE EROSION CONTROL LOG STANDARDS 63. BIODEGRADABLE EROSION CONTROL LOG STANDARDS CHILD SUPPORT STATEMENT NOTICE AGREEMENT I PROPOSAL/DISCLOSURE STATEMENT DISCLOSURE OF LOBBYING ACTIVITIES I DEBARMENT CERTIFICATION I CERTIFICATION OF NON-COLLUSION PERFORMANCE BOND I PAYMENT BOND I I I I I I I I I I C C L L L L L C ` NOTICE TO BIDDERS L L C C C C C L L NOTICE TO BIDDERS LSealed proposals, addressed to the City of Corpus Christi, Texas for: [piCITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) consists of: 1)The section of Lipan Street, a half mile roadway between 19th Street and Palm Drive. It is a part of the City of Corpus toChristi Street Preventative Maintenance Plan Delivery Order#4. The current roadway section is four travel lanes, two lanes in each direction. The improvements for Lipan Street include spot check base repairs, rolled sections of curb and gutter repairs, sidewalk and ADA curb ramp improvements, street overlay and pavement markings improvements L2)The section of Columbia Street is a half mile roadway between Horne Road and Villarreal Street. It is part of the City of Corpus Christi Street Preventative Maintenance Plan Delivery Order#5. The current roadway section is two travel lanes, one lane in each direction. The improvements for Columbia Street include spot check base repairs, rolled sections of curb and gutter repairs, sidewalk and ADA curb ramps improvements, street overlay and pavement marking improvements Sealed proposals will be received at the office of the City Secretary until 2:00 p.m. on Monday, 9/29/2014, and then publicly opened and read. Any bid received after closing time will be returned unopened. A non-mandatory pre-bid meeting is scheduled for Wednesday 9/17/2014 at 11:00 a.m.and will be conducted by the City. The location of the meeting will be the 6th Floor Conference Room, City Hall, 1201 Leopard Street, Corpus Christi, TX. All questions shall be submitted in writing on the Public Purchase website by noon on the Wednesday prior to the week of bid opening. Inquiries made after this period will not be addressed. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond Lwill constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over$25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Plans, proposal forms, specifications and contract documents may be found at the following website: www.publicpurchase.com Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. LThe bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic"employed on this project. II The City reserves the right to reject any or all bids, to waive irregularities and to accept the lowest responsible/responsive bid for the total base bid. CITY OF CORPUS CHRISTI, TEXAS /s/Natasha Fudge, P.E. ta Acting Director of Capital Programs /s/ Rebecca Huerta City Secretary C L Revised 11/20/13 NOTICE TO CONTRACTORS - A L C L L NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates PER OCCURRENCE/AGGREGATE Commercial General Liability including: $1,000,000 per occurrence and 1. Commercial Form $2,000,000 aggregate 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden &accidental discharge; to include ❑ REQUIRED long-term environmental impact for the disposal of Ox NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED O NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED O NOT REQUIRED Page 1 of 2 L L I ❑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 I 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. I Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. 1 I I I I I I I I I I Page 2 of 2 I I fri NOTICE TO CONTRACTORS — B L tys L NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS L L L L L L Page 1 of 11 I Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement)providing services on a project, for the duration of the project. I (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). I (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless I 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. I Page 2 of 11 I I "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. its (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph(7) of this subsection, using the language required by paragraph(7) of this subsection; (2) as part of the contract, using the language required by paragraph(7) of this subsection, require the contractor to perform as required in subsection(d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years g 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 Page 3 of 11 3 I (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each 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 I showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; I (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 ' r (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 I I (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; I (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; (E) obtain from each other person under contract to it to provide services on the project, and I 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 1 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. I (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6of11 1 I I (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes,Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). r (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. 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 I I I I I L I L L Page 7 of 11 I T28s 110.110(d)(7) I "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I I I I I I I I I 1 Page 8 of 11 I T28S110.110(c)(7) Article . Workers'Compensation Coverage.ation Insurance P A. Definitions: Certificate of coverage ("certificate')-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 I 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 1 delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide I 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; 3 (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; I (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 I 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 1 year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 101 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 I duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Page 10 of 11 elf-Pagel0of11 1 I LInsurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. IK. 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 Igovernmental entity. I L I L I I L I I I I I I L Page 11 of 11 PART A SPECIAL PROVISIONS - CITY f. L 4 L L L CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO.E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) SECTION A-SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street,until 2:00 PM on Monday 9/29/2014.Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL— CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative,U.S.Mail,or other delivery service,to the City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on Wednesday,9/17/2014 beginning at 11:00 a.m.The pre-bid meeting will convene at 6th Floor Conference Room,City Hall,1201 Leopard Street,Corpus Christi,Texas,and will include a review of the project scope.All questions shall be submitted in writing on the Public Purchase website by noon on Wednesday prior to the week of the bid opening. Inquiries made after this period will not be addressed. No additional or separate visitations will be conducted by the City. A Bid tabulation will be available to Bidders once it has been compiled by the Consultant and provided to the City Engineering Department. A-2 Definitions and Abbreviations Wherever the words,forms or phrases reference Engineering Department,City Engineering,or City Engineer in any document or instrument contemplated,the intent and meaning shall be interpreted to Capital Pograms,or Director of Capital Programs. Section B-1 of the General Provisions will govern. A-3 Description of Project The BASE BID for the CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215(STREET PREVENTATIVE MAINTENANCE PROGRAM)consists of: L L I 1)The section of Lipan Street, which is a half mile roadway between 19th Street and Palm Drive. It is a part of the City of Corpus Christi Street Preventative Maintenance Plan Delivery Order#4. The current roadway section is four travel lanes, two lanes in each direction. The improvements for Lipan Street include spot check base repairs, rolled sections of curb and gutter repairs, sidewalk and ADA curb ramp improvements, street overlay and pavement markings improvements 2)The section of Columbia Street is also a half mile roadway between Horne Road and Villarreal Street.It is part of the City of Corpus Christi Street Preventative Maintenance Plan Delivery Order#5. The current roadway section is two travel lanes,one lane in each direction.The improvements for Columbia Street include spot check base repairs,rolled sections of curb and gutter repairs,sidewalk and ADA curb ramps improvements,street overlay and pavement marking improvements I A-4 Method of Award The bids will be evaluated based on the availability of funds and in the following priority order: 1. Total Base Bid I The City reserves the right to reject any or all bids, to waive irregularities and to accept the lowest responsible/responsive bid for the Total Base Bid. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) (A Cashier's Check,certified check,money order or bank draft from any State or National Bank will also be acceptable.) 2. Child Support Statement, Disclosure of Interests Statement, Disclosure of Lobbying Activities, Debarment Certification and Certification of Non-Collusion A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 Calendar days.The Contractor shall commence work within ten (10) calendar days after receipt of written notice form the director of Capital Programs or designee ("City Engineer")to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract,$500 per calendar day will be assessed against the contractor as liquidated damages.Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work,which damages by their nature are not capable of precise proof.The Director of Capital Programs(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 r 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. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive.Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal,failure to acknowledge receipt,and a subsequent interpretation of non-receipt,could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates(Revised 7/5/00) Labor preference and wage rates for Heavy(TX130031)and Highway Construction(TX130040).Refer to Part C— Federal Wage Rates and Requirements. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C.The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers,workmen,and mechanics employed by them in the execution of the Contract.The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed,if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers,workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project.These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half(12)times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any L I 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) 1 The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight(48)hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using TEXAS 811,the Lone Star Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer Govind Development, LLC Marcos Ybarra, P.E. 241-2777 Traffic Engineer 826-3547 Traffic Engineering/ Traffic Signals 826-1660 Police Department 882-2600 Water Division 826-1881 (826-1888 after hours) I Wastewater Department 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) Streets& Solid Waste Services 826-1940 Storm Water Department 826-1875 (826-1888 after hours) Parks&Recreation 826-3461 AEP 299-4833 (693-9444 after hours) AT&T/SBC 881-2511 (1-800-824-4424, after hours) Fiber Optic Locate 826-3740 Cablevision 857-5000 (857-5060 after hours) ACSI(Fiber Optic) 887-9200 (Pager 800-724-3624) Century Tel 225/214-1169 (225/229-3202 after hours) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom(Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK(Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic(MAN) 972/753-4355 RTA 289-2712 1 Corpus Christi ISD 886-9005 US Postal Service 886-2216 TxDOT Area Office 808-2384 1 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 I I L necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with(i.e.broken,cut,etc.),flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet,all with the approval of the City Engineer. Sewage or other liquid must not be pumped,bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. To by-pass the flow,connections to the existing facilities shall be made over the ground surface by means of flexible and/or rigid pipes. The pipes used for bypassing this flow shall be strong enough to resist traffic impact loads,and the size of the pipe shall be capable of handling the incoming discharge but cause minimum impact to traffic flow and safety. The construction of temporary gravity flow lines, forcemains,pumping equipment,plugs,flow diversion structures,etc.required to maintain and control system flows shall be the responsibility of the Contractor. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction.The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the most current Texas Manual on Uniform Traffic Control Devices, and TxDOT Traffic Control Standards. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control plans,i.e.preparation of plans,approval and permit from City,and implementation of the plan on each site for the duration required will be included in the lump sum unit price listed in the proposal form. If the site needs any adjustments in the traffic control sign location, which may be required for safety of traffic and pedestrians,no additional payment for the implementation and enforcement shall be made to the Contractor. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary,to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with"clean"dirt."Clean"dirt L I is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer.The dirt , must be free of debris,caliche,asphalt,concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe,driveways,sidewalks,etc.,are to be considered subsidiary to the bid item for"Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material,broken asphalt,concrete,broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. I A 17 Field gee(NOT USED) The Contractor must furnish the City Engineer or his representative with a field office 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 the field office on the site as required by the City Engineer or his representative.The field office must be furnished with A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity,identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. I 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. 111 A-19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. I I I The major controls and bench marks required for setting up a project,if not shown on the drawings,will be provided by the A/E Consultant. The contractor shall furnish all lines, slopes and measurements necessary for control of the work. If duringconstruction,it is necessaryto disturb or destroya controlpoint or bench mark,the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established at no cost to the Contractor.Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process.Also,the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two(2)personnel for the purpose of assisting the measuring of the completed work. 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 Streets and Drives: • 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. �I I,,�astewatee • All intersecting lines in manholes; • Casing elevations(top of pipe and flow line)(TXDOT and RR permits). Water-i- • All top of valves box; • Valves vaults rim; ;•:_ . .: ••_ 9 . •: --••• . SStormwater. • All intersecting lines in manholes; 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 L corrective measures have been taken,and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A 21 Proicet SiEns(NOT USED) The Contractor must furnish and install two (2) 1x8 MDO Plywood Project Signs (to be provided by the City) as field by the City Engineer. . . A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989,and any amendments thereto. In accordance with such policy,the City has established goals,as stated herein,both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions I a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person,firm,partnership,corporation,association,or joint venture as herein identified as providing work, labor, services, supplies,equipment,materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin,American Indians,Alaskan Natives,and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage,and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned j (a) For a sole proprietorship to be deemed a minority business enterprise, it must be 111 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 I I 1 LThe 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, L commissions, consulting fees,rents,procurement, and subcontract payments,and any other monetary distribution paid by the business enterprise. rd. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman,a L. 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 L direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example,a joint venture which is to perform 50.0%of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0%of the work. Minority members of the joint venture must have either financial,managerial, or technical skills in the work to be performed by the joint venture. 1 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage tia terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: I Minority Participation Minority Business Enterprise L (Percent) Participation (Percent) 45°/u 15°/u Lb. These goals are applicable to all the construction work(regardless of federal participation)performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project,a final breakdown of MBE participation,substantiated by copies of paid liinvoices, 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 L L I 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. 5. Disadvantaged Business Enterprise(DBE)Requirements a. This Project is federally funded and requires that the Contractor comply with Special Provision for Local Government/RMA/Non-Standard Contracts — Disadvantaged Business Enterprise in Federal-Aid Construction. I b. The goal for Disadvantaged Business Enterprise (DBE) established for this Project is seven percent (7%). 1 • ..,.,...._:.z .' • . ► .. (NOT USED) 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, whcn applicable. Scction B 6 2 of the A-24 Surety Bonds I Paragraph two(2)of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent(10%)of the Surety Company's capital and surplus,the +! Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent(10%)of the Surety Company's I capital and surplus with reinsurer(s)authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent(10%)of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of$100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of$100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A 25 Sales-Tax-Exem (NOT USED) I I L 3.291 of Chapter 3, Tax Administration of Title 31,Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If the Contractor elects to operate under a separated contract, he shall: 1. Obtain the necessary sales tax permits from the State Comptroller. 2. Identify in the appropriate space on the "Statement of Materials and Other Charges" in the proposal form the cost of materials physically incorporated into the Project. 3. Provide resale certificates to suppliers. 4. Provide the City with copies of material invoices to substantiate the proposal value of materials. If the Contractor does not elect to operate under a separated contract,he must pay for all Sales,Excise,and Use Taxes The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract,the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Capital Programs 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. L L I For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify,save harmless and defend the City,its agents,servants,and employees, and each of 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. I • - ' • . . . - . . •• (NOT USED) Paragraph(a)General Liability of Section B 6 11 of the General Provisions is amended to include: . •. .• • .. - .- . . - = I -•- -• . •• . - : • - .' . . -- - - =_-. . . "• . • '' -_• . . . must pay all costs necessary to procure such builder's risk insurance coverage, including any deductible. The A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released,the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two(2)years. The bidder shall specify the name and address of the claimant,the amount of the claim,the basis for the claim,and an explanation why the claim has not been paid. I A bidder may also be required to supply construction references and a financial statement,prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five(5)years of recent experience in the day-to-day field management I and oversight of projects of a similar size and complexity to this Project.This experience must include,but is not limited to,scheduling of manpower and materials,structural steel erection,masonry,safety,coordination of I subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five(5)years of recent experience in oversight of projects of a similar size and complexity and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. (Foreman cannot act as a superintendent without prior approval of the City). Documentation concerning these matters will be reviewed by the City Engineer.The Contractor's field administration staff,and any subsequent substitutions or replacements thereto,must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained,the award may be rescinded. Further,such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under"General Provisions and Requirements for Municipal Construction Contracts"Section B-3-1 Consideration of Contract add the following text: Within five(5)working days following the public opening and reading of the proposals,the three(3)apparent lowest bidders(based on the Base Bid only)must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms,that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above,the bidder must clearly demonstrate,to the satisfaction of the City Engineer, that a good faith effort has, in fact,been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The L I Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors,it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract,then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. I 10. Within five(5)days following bid opening,submit in letter form,information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s)authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under"General Provisions and Requirements for Municipal Construction Contracts"B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of$25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements 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 111 the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind,including for breach of contract,against the City,nor is the City obligated to perform under the Contract,until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. I A-34 Precedence of Contract Documents I I In case of conflict in the Contract documents,first precedence will be given to addenda issued during the bidding phase of the Project; second precedence will be given to the Special Provisions(TxDOT);third precedence will be given to the Special Provisions(City);fourth precedence will be given to the construction plans(including notes therein);fifth precedence will be given to the Standard & Special Specifications (TxDOT); sixth precedence will be given to the Standard& Technical Specifications(City); and the General Provisions(City)will be given last precedence. •. _ , • . . • •• , (NOT USED) A. Visitor/Contractor Orientation . •: : :• :••••••, . .. • . • . . • , •• .• . : , •• . : :• . . , . •: •. • : ••• _ e " . . " ., " . . , . ;, C n..otcction e f Water Quality 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 : ; . ..•. • • • • : .• • • •", '• ' • . :: : : • •• • • , " ,. . , " : " .: • . ' . • : " : • : " . , . : , . . ; . " . " : " : " . : : " . . . " The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 areas clean at all times and remove all trash daily. L 1 IA NMI Nat IMIIIP SIIIIM N I Nil MIla. 111111 Me WM an M IIMM 11111. M 1111111 MD • •. .; - ; • • :. Z .. • :: • .� • . .• .. •• ;• , O ,: ,. ,• "• ,: ' , . 0 •' . ,' • • 0 . .. • .. • „� a ,• • 4. • • • • • • .r .. •: a C : .. • •;, ;, , .. .. •. • I • • •r C • • • • • • ..•• •0 .. . 4. . Z ” • • • • : • • /4 :, .. a 4.. .. : • . • ' ;i CA .•, . , ,• , ,., . . „ •• , 41, ..0 U • .. h•q '.• o•' + •, •, • •• • • I •• • .. •, 1 ;. ; • . ' •• '• • • • . .. 4. . • a ' a • • , • , • .., • . • .. •• , ... .01 .. • 40 • C/] • ;, • .. a ,. • • ^ , ' • • - • • 44 • • . : • .. • ,, . ' • no .. , .. 41 .r , •. . • u • • Q • • - 4. • , . O. 4. „ , , • r • • �� •. • • , • r U •6 • •, '" •• 4.• ' .. • • . 40 • • .. •� .. , :. ... Ir. •' .. 4 •. ' 46 r „ , •,, • • • • .r , 4. • .. 0 4 •' 0 .. .. • .. C .. •. . •. • .,, • •, •, . • .1 1.4 o •i . • O u ' •' P i - • 2 - • iea;AL;. " " • • : . •: L. Trenching Requirements All trenching for this project at the O. N. Stevens Water Treatment Plant shall be performed using a to 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 Transmittal Form attached at the end of this Section as Attachment No. 1; 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. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required 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. 1r. 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. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under"General Provisions and Requirements for Municipal Construction Contracts",B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: I "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." I A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of"Notice to Contractors 'B' are incorporated by reference in this Special Provision. . , . . , . ..• , . .. (NOT USED) 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. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs.The City Engineer will notify Contractor about ozone alert.If a delay such as this is experienced,the day will not be counted as a calendar 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. I A-43 Amended Indemnification & Hold Harmless I Under"General Provisions and Requirements for Municipal Construction Contracts"B-6-21 Indemnification&Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City,its officials,employees,attorneys,and agents harmless and shall indemnify the City,its officials,employees,attorneys,and agents from any and all damages,injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents,or consultants,or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City,its officials,employees,attorneys,and agents harmless and shall indemnify the City,its officials,employees,attorneys,and agents from any and all damages,injury,or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s)be required by the engineer,Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order(unit prices,hourly rates,sub-contractor's costs and breakdowns,cost of materials 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. • !' .. ., ,_.._.:, • . • !! (NOT USED) _ . • . . numerous agencies such as TCEQ,EPA,etc.It will be the Contractor's responsibility to comply with the requirements 1 .. •. - - • • . • _ . . . - . !! (NOT USED) . •: •:. .. _ • :• • • •., :-:_ ••• •• : :•. • . . . . .:. •. .•. . .•" .- - . - L I _ • ••: :•:_ ••• •• • ,. . • • ••• •• , : : ::: •: :•;• ••• - :•- , . excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey the accurate I and surveyed,as well as the approximate station thereof,distance to the pavement centerline and elevations of the top of existing pipelines. . . 111 excavations. •- _ •. ...' .. - .. ' .• - - A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route.Contractor shall use all due diligence,precautions,etc.,to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under"General Provisions and Requirements for Municipal Construction Contracts",B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce,release,or relinquish any rights or remedies 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 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a late date, the Contractor may request payment for I I demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. L I I I I I I I I I I I L AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of DECEMBER,2014 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 Haas-Anderson Construction, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,018,088.80 dollars by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) (Total Base Bid: $1,018,088.80) 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, 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. Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within the number of calendar days as shown in the following table: Agreement Page 1 of 2 The working time per completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day Lipan St(Palm Drive to 19th Street) Base Bid and Columbia St(Villareal Drive to 90 $500 Horne Road) Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: CITY OF CORPUS CHRISTI F2-ei- XX/Pr, k1V-Q."717 By: City Secretary Jerry!,9 oemaker, P.E. Acting Director of Capital Programs APPROVED AS TO LEGAL FORM: OVI:2--'"."v" I i Oa. ' IT CUUnt.IL ....±24114. 1 i'ity Attorney CONTRACTOR st *R P� ATTEST: •rp• / Haas-Anderson Construction, Ltd. By: .� ( -alBeor P, 0. goo.r President. Haas-Anderson Management;LC (Note: If person signing for Title: d Perrncr corporation is not President, attach copy of authorization P.O. Box 7692—1402 Holly Road to sign.) (Address) Corpus Christi, TX 78467 (City) (State) (Zip) 361/853-2535 (Telephone Number) (Revised August 2000) Agreement Page 2 of 2 / f,. r l PROPOSAL FORM FOR CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO. E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI.TEXAS ADDENDUM NO.2 Proposal Form ATTACHMENT NO.1 Page 1 of 9 PAGE 10F 9 PROPOSAL Place: 6N $ VITis+I /a Date: 61- a I` Proposal of4, s- 4vi&rcDn C A.SJ -0 L-all f/T�, , a Corporation organized and existing under the laws of the State of . OR a Partnersh'or dividual doingbusiness as clq.5- ielvjerczbi CnvIS frde 4 i 4 n/ tt-d, TO: The City of Corpus Christi,Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials,tools, and necessary equipment,and to perform the work required for: CITYWIDE STREET OVERLAY CITY OF CORPUS CHRISTI PROJECT NO.E12215 (STREET PREVENTATIVE MAINTENANCE PROGRAM) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices,to-wit: Proposal Form ADDENDUM NO.2 Page 2 of 9 ATTACHMENT NO. 1 PAGE 2 OF 9 BASE BID I II III IV V VI ITEM T N�T QTY UNIT DESCRIPTION UNIT PRICE TOTAL PART A- STREET IMPROVEMENTS Al 500 2 LS MOBILIZATION/DEMOBILIZATION/BONDS/ $50,000.00 $ 100,000.00 INSURANCE A2 100 2 LS PREPARING ROW $ 3,800.00 $ 7,600.00 1.5" HOT MIX ASPHALT CONCRETE A3 3268 20963 SY PAVEMENT (TYPE D) SURFACE COURSE PG $ 10.00 $ 209,630.00 64-22 A4 354 20963 SY PLANE ASPHALT PAVEMENT 1.5" $ 2.50 $ 52,407.50 A5 530 1024 SF 6" CONCRETE DRIVEWAY $ 12.00 $ 12,288.00 A6 104 1024 SF CONCRETE DRIVEWAY REMOVAL $ 6.75 $ 6,912.00 A7 1 DAY OZONE DAY $ 3,000.00 $ 3,000.00 A8 666 1350 LF REFLECTIVE PAVEMENT MARKING $ 0.58 $ 783.00 (TYPE 1)(WHITE)(4" BROKEN)(100 MIL) A9 666 55 LF REFLECTIVE PAVEMENT MARKING (TYPE $ 0.90 $ 49.50 1)(WHITE)(8" SOLID)(100 MIL) A10 666 8958 LF REFLECTIVE PAVEMENT MARKING $ 0.60 $ 5,374.80 (TYPE 1)(YELLOW)(4"SOLID)(100 MIL) All 666 449 LF PREFABRICATED PAVEMENT MARKING $ 18.00 $ 8,082.00 (TYPE C) (WHITE)(24" SOLID) Al2 668 762 LF PREFABRICATED PAVEMENT MARKING $ 9.50 $ 7,239.00 (TYPE C) (WHITE)(12" SOLID) A13 668 17 EA PREFABRICATED PAVEMENT MARKING $ 26.00 $ 442.00 (TYPE C) (WHITE)(36 )(YIELD TRIANGLE A14 668 1 EA PREFABRICATED PAVEMENT MARKING $ 220.00 $ 220.00 (TYPE C) (WHITE)(WORD) A15 668 1 EA PREFABRICATED PAVEMENT MARKING $ 190.00 $ 190.00 (TYPE C) (WHITE)(ARROW) A16 662 542 EA WORK ZONE PAVEMENT MARKING $ 1.25 $ 677.50 SHORT TERM (TAB) TY Y-2 A17 662 478 EA WORK ZONE PAVEMENT MARKING SHORT $ 1.25 $ 597.50 TERM (TAB) TY W A18 361 1000 SY FULL DEPTH REPAIR HMAC (8") $ 108.00 $ 108,000.00 A19 162 250 SY BLOCK SOD $ 7.75 $ 1,937.50 A20 168 11250 GAL VEGETATION WATERING $ 0.15 $ 1,687.50 A21 502 1 LS TRAFFIC CONTROL $10,000.00 $ 10,000.00 A22 672 188 EA REFL RAISED PAV MARKER TY II-A-A $ 5.00 $ 940.00 A23 672 74 EA REFL RAISED PAV MARKER TY I-C $ 5.00 $ 370.00 SUBTOTAL STREET IMPROVEMENTS (ITEMS A1-A23) $ 538,427.80 PART B - STORM WATER DRAINAGE IMPROVEMENTS B1 529 3140 LF 6" CONCRETE CURB AND GUTTER $ 52.00 $ 163,280.00 B2 104 3140 LF CURB AND GUTTER REMOVAL $ 18.00 $ 56,520.00 SUBTOTAL STORM WATER DRAINAGE IMPROVEMENTS (ITEMS B1-B2) $ 219,800.00 PART C - EROSION CONTROL Cl 1 1122 I 260 I LF 112" EROSION CONTROL LOGS I $ 13.00 I $ 3,380.00 SUBTOTAL EROSION CONTROL (ITEMS C1) $ 3,380.00 PART D - ADA PEDESTRIAN IMPROVEMENTS D1 531 6805SF SIDEWALK DEMOLITION $ 5.00 $ 34,025.00 D2 531 2196 .. SF 4" CONCRETE SIDEWALK $ 11.00 $ 24,156.00 D3 531 820 SY CONCRETE CURB RAMP (SPECIAL) $ 140.00 $ 114,800.00 SUBTOTAL ADA PEDESTRIAN IMPROVEMENTS (ITEMS D1-D3) $ 172,981.00 PART E - MINOR UTILITY ADJUSTMENTS (MANHOLE RING & COVERNALVE BOXES, ETC.) SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENT, INCLUDING NEW El 465 8 EA MANHOLE RING & COVER ASSEMBLY WITH $ 2,600.00 $ 20,800.00 HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR AND WITH CONCRETE COLLAR COMPLETE IN PLACE STORM WATER MANHOLE RING & COVER E2 465 9 EA ADJUSTMENT, INCLUDING NEW MANHOLE $ 2,200.00 $ 19,800.00 RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, COMPLETE IN PLACE E3 39 EA BOX OR VALVE COVER ADJUSTMENT WITH $ 1,100.00 $ 42,900.00 CONCRETE COLLAR, COMPLETE IN PLACE 1 SUBTOTAL MINOR UTILITY ADJUSTMENTS (MANHOLE RING & COVERNALVE $ 83,500.00 ` BOXES) (ITEMS E1-E3) BID SUMMARY SUBTOTAL PART A—STREET IMPROVEMENTS (ITEMS Al THRU A23): $ 538,427.80 SUBTOTAL PART B—STORM WATER DRAINAGE IMPROVEMENTS (ITEMS B1 - B2) $ 219,800.00 SUBTOTAL PART C—EROSION CONTROL (ITEMS C1) $ 3,380.00 SUBTOTAL PART D—ADA PEDESTRIAN IMPROVEMENTS (ITEMS D1 THRU D3): $ 172,981.00 SUBTOTAL PART E—MINOR UTILITY ADJUSTMENTS (MANHOLE RING & COVERNALVE BOXES ETC.)(ITEMS El THRU E3): $ 83,500.00 TOTAL BASE BID (PARTS A THRU E—ITEMS Al THRU E3): $ 1,018,088.80 "HAAS-ANDERSON CONSTRUCTION LTD. Herewith certifies that the unit prices shown on this print-out for bid items ( including any additive or deductive alternates) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. HAAS-ANDERSON CONSTRUCTION LTD. Acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid and further agrees that the official Totl Bid amount will be determined by multiplying the unit bid price shown in this print out by the respective estimated quantities shown in the Proposal and then totaling the extended amounts. (Signature) J. <7. /J s- ( (Title ) Priesiderit, Haas-Anderson Management,LC. t=e+eraI Partner ( Date ) 7149 // 7( The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart(original signed)sets. Time of Completion: The undersigned agrees to complete the work within: The working time for completion of the Project will be broken down as follows from the date designated by a Work Order: Liquidated Description Project Limits Calendar Days Damages/Day Lipan St(Palm Drive to 19th Street)and Base Bid Columbia St(Villareal Drive to Horne 90 $500 ' Road) The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered bythis proposal, in strict accordance with the contract documents and the requirements pertaining thereto, fr the sum or sums above set forth. Receipt of the f (lowing addenda is acknowledged(addenda number): "toviil( / # o��� Respectfully submitted: Name: Haas-Anderson Construction, Ltd. By: .6 /1Z--gst-v-----,, (SEAL- IF BIDDER IS D.0. Haas (SIGNATURE) r;: ~Aunt, V aas•Anderson Management,I C, a Corporation) � Address: PO/� n,16ij a/Cl , [7bt led, P.O. Box (Street) Cr NOTE: Do not detach bid from other papers. • �i ' b Fill in with ink and submit complete i% (State) (Z'4 with attacheda rs. p pe Telephone: ... !aro— - al City of Corpus Christi Proposal Form ADDENDUM NO.2 Page 7 of 9 ATTACHMENT NO.1 PAGE 7 OF 9 riki (Revised August 2000) SUPPLIER NUMBER TO BE ASSIGNED BY CITY MM PURCHASING DIVISION City of CITY OF CORPUS CHRISTI CorP ca DISCLOSURE OF INTEREST 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: Om--I'�-�1der� i 6,45j-ruit 10Y) L G( P.O.BOX: '702 2 STREET ADDRESS: /�� I $, CITY: C„pas (_i t� ZIP: rfei l FIRM IS: 1. Corporation ❑ 2. Partnership tr 3. Sole Owner 0 4. Association 5. Other u 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 .[r Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name ,( Title 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 44_ Board,Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name j Consultant Proposal Form Page 8 of9 ADDENDUM NO.2 ATTACHMENT NO.1 PAGE 8 OF 9 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested;and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. President. Fiaas•Anderson Management,L.C. Certifying Person: /> 0 , /la cs c Title: - =' + Partner (Type or Print) Signature of Certifying Person: Date: 1 — 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 or the purpose of professional consultation and recommendation. Proposal Form ADDENDUM NO.2 Page 9 of ATTACHMENT NO.1 PAGE 9 OF 9 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352(See reverse for public burden disclosure.) I.Type of Federal Action: Mit- 2.Status of Federal Action: ,�/ 3.Report Type: Nil— a. contract a.bid/offer/application ,v a.initial filing , b.grant b.initial award b.grant c.cooperative agreement c.post-award For material change only: d.loan year quarter e.loan guarantee date of last report f. loan insurance 4.Name and Add ess of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, ,v4.._Ham_ er-sah ��' - .�'y,�/ f�,.( Enter Name and Address of Prime: I. ZPrime ❑ Subawardee Tier if known: Congressional District,if known: Congressional District,if known: 6.Federal Department/Agency: 7.Federal Program Name/Description: / a I CFDA Number,if applicable: 8. Federal Action Number,if known: /4.. 9.Award Amount,if known: �(/ �Yj(j S !� 10. a.Name and Address of Lobbying Entity b.Individuals Performing Services(including address if different (if individual,last name,first name,MI): from No. l0a)(last name,first name,MI): Ablf f✓4' (attach Continuation Sheet(s)SF-LLL-A,if necessary) 11. Amount of Payment(check all that apply): 13.Type of Payment(check all that apply): NA, a.retainer $ actual planned b.one-time fee c.commission 12.Form of Payment(check all that apply) d.contingent fee a. cash ��J e.deferred b. in-kind;specify: nature f.other;specify: value 14.Brief Description of Services Performed or to be Performed and Date(s)of Service,including officer(s),employee(s),or Member(s)contacted,for Payment Indicated in Item 11: N (attach Continuation Sheet(s)SF-LLL-A,if necessary) 15.Continuation Sheet(s)SF-LLL-A attached: ❑ Yes It No 16. Information requested through this form is authorized by title Signature: -----..- 31 U.S.C. section 1352.This disclosure of lobbying activities is a /14-e j� / material representation of fact upon which reliance was placed by Print Name: Y: a1 —e ce r the tier above when this transaction was made or entered into.This President. Haas-Anderson Management,L disclosure is required pursuant to 31 U.S.C. 1352.This information Title: Genetal Partner will be reported to the Congress semi-annually and will be available �` `.¢ �( p, 191 II for public inspection.Any person who fails to file the required dis- Telephone No:.3i Date: (/ closure shall be subject to a civil penalty of not less than$10,000 and not more than S 100,000 for each such failure. EEJ1ER yUS ONLY Authorized for Local Reproduction Standard Form-LLL DEBARMENT CERTIFICATION Contractors are not allowed to participate in federally funded projects if they are suspended or debarred. The prime contractor is required to certify as to their current eligibility status. Certification is also required of all prospective participants in lower tier transactions. This includes subcontractors, material suppliers, vendors, etc. Each participant must certify: "....that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.....and that they have not been convicted or had civil judgment rendered within the past three years for certain types of offenses." HAAS-ANDERSON CONSTRUCTION, Ltd. Name: P resident, Haas-Anderson Management LC- By: General Partner (Signature) V 6 ten s 1 40-a, �Address: b ' r/0/25 C���s�;' , 7X '771f7 p Telephone: 3 S3! Fax: 3J I I I BP7OF 10 CERTIFICATION OF NON-COLLUSION I !ruler the penalty of perjury of the laws of the United States, the undersigned affirms that they are duly authorized to execute the proposed contract,that this company,corporation,firm,partnership or individual has not prepared this Bid in collusion with any other Bidder,and that the contents of this I as to prices,terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. fBy: 9 0• /7aa.S (Print or Type Name) Prttident. Haas•Ander ;:fl Management,LC, General Partner (Print orT ypeTitle/Position with Business) Address: I . f/7 l y v corptis �e,s� f7' ' 4r7 I (Signature) /� I I I I I I I BP 9 OF 10 CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract,bid,or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 00 6113 PERFORMANCE BOND BOND NO. 106041727 Contractor as Principal Surety Name: Haas-Anderson Construction, Ltd. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 7692 9601 McAllister Freeway, Suite 900 Corpus Christi,TX 78467 San Antonio, TX 78216 Physical address(principal place of business): Owner 9601 McAllister Freeway, Suite 900 San Antonio, TX 78216 • Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 210-525-3963 ttE12215 Citywide Street Overlay City of Corpus Christi(Street Preventative Maintenance Program) Telephone(for notice of claim): 267-675-3057 Local Agent for Surety Name: Keetch & Associates Award Date of the Contract: December 16, 2014 Address: P. O. Box 3280 ContractCorpus Christi, TX 78463-3280 Price: $1.018,088.80 Bond Telephone: 361-883-3803 Email Address: kwoods@keetchins.com Date of Bond: December 23, 2014 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princip Surety Signature: Signature: r 0 Name: P. Name: Kerry J cods Title: Title: Attorney-In-Fact Email Address: Email Address: kwoods@keetchins.com (Attach Power of Attorney and place surety seal below) -ier;4« c. aas.Anderson Management,LC. ta" Partner END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 6116 PAYMENT BOND BOND NO. 106041727 Contractor as Principal Surety Name: Haas-Anderson Construction,Ltd. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 7692 9601 McAllister Freeway, Suite 900 Corpus Christi,TX 78467 San Antonio, TX 78216 Physical address(principal place of business): Owner 9601 McAllister Freeway, Suite 900 San Antonio, TX 78216 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 210-525-3963 4tE12215 Citywide Street Overlay City of Corpus Christi(Street Preventative Maintenance Program) Telephone(for notice of claim): 267-675-3057 Local Agent for Surety Name: Keetch & Associates Award Date of the Contract: December 16, 2014 Address: P. 0. Box 3280 Corpus Christi, TX 78463-3280 Contract Price: $1,018,088.80 Telephone: 361-883-3803 Bond Email Address: kwoods@keetchins.com Date of Bond: December 23, 2014 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 6116-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi al Surety Signature: Signature: / ;11/ Name: p, d , /71 -0,f Name: Kerry if. !oods Title: Title: Attorney-In-Fact Email Address: Email Address: kwoOdS@keetChinS.COrn (Attach Power of Attorney and place surety seal below) President, Haas-Anderson Management,Q.C., Ceoetal Partner END OF SECTION Payment Bond Form 00 6116-2 Corpus Christi Standards-Regular Projects 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IA POWER OF ATTORNEY TRAVELERS ! Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225516 Certificate No. O O 5 5 8 8 616 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Betty J.Baxter,Kevin G.Keetch,Kerry J.Woods,Tracie Henderson,and Lonna Pokrant of the City of Corpus Christi ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of August 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company "�'\1.•NII.G s'�aa��'F.cs\k„E«6y"M�yP,,?s �fe!O�tZ\pf�IS1I1 P._OIRAN~AfP`'E91 W`dJ i 1pd�r+p'µ•.PI..N.SR.A.U:..tV*.qyAN.pHG ��J/i,pOvTVNZ\\.,,F O u 9 8 2 O HARTFORD \\ � i�1 896 H ; 0i1951 4 To/ -,SEAL e; A SEALjs " CONN c1/4,,, '" TYt,0�1FD • AHI 40( State of Connecticut By: / City of Hartford ss. Robert L.Raney, enior Vice President On this the 6th day of August 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof,I hereunto set my hand and official seal. TAR t QMAi ( . My Commission expires the 30th day of June,2016. '�U81.�G * Marie C.Tetreault,Notary Public 49/ GIP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chainnan,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. .lE T. Jt fr IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 23 day of December ••�%'' ,20 14. • ge..........,;::,-, - Gam' Kevin E.Hughes,Assistant Sec tary GhSU.� Wn_ "' P' .elTkE 6 M 1 c� ::g ' _: G :; ) � •N' ONS4RY 4N0, M°ma�Q 9 � sy v .i". MCOflPORATED w:' 4d''7'19// Z F .�1RD, <i ' ' 'a 4,.., 1951 rF a 4 ��": -4` ;:iN. S�L y� nN ''4....;....-07 d1 Faa i ; a,NY 1 AtN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L.------ 12/23/2014 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 CONTNAME:ACT Diann Eisenhauer Swantner&Gordon Insurance Agency PHONE 361-561-4276 FAX A Higginbotham Company (A/CNo Fxcy (A/C,Not: 361-844-0101 P 0 Box 870 ADDRESS:deisenhauer@s-gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Travelers Indemnity Co of Amer 25666 INSURED HAASA INSURER B:Travelers Property Casualty Co of A 25674 Haas-Anderson Construction Ltd INSURER C:The Phoenix Insurance Company 25623 P. O. Box 7692 ✓ INSURER D:Commerce& Industry Insurance Co 19410 Corpus Christi TX 78467-7692 INSURER E:The Travelers Indemnity Co of CT 25682 INSURER F: COVERAGES CERTIFICATE NUMBER: 1065604992 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 TYPE OF INSURANCE ADDL SUBR. POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY CO4D398656 9/1/2014 9/1/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR Y ' DAMAGES( RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 POLICY X PE� LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY / BA3D892937 9/1/2014 9/1/2015 COMBINED SINGLE LIMIT $ / (Ea accident) 1,000,000 / X ANY AUTO v BODILY INJURY(Per person) $ v ALL OS/NED SCHEDULED / BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) E X UMBRELLA LIAB X OCCUR J CUP3E987368 9/1/2014 9/1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE ✓ AGGREGATE _ $1,000,000 V, DED X RETENTION$10,000 $ C WORKERS COMPENSATION / UB4D402822 9/1/2014 9/1/2015 X SPER TATUTE ERH AND EMPLOYERS'LIABILITY V Y/N V_/ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Excess Umbrella 6E044243588 9/1/2014 9/1/2015 Each Occurrence $19,000,000 Aggregate $19,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See attached 101 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9277 Corpus Christi TX 78649-9277 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAASA LOC#: AE o ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Swantner&Gordon Insurance Agency Haas-Anderson Construction Ltd P. O. Box 7692 POLICY NUMBER Corpus Christi TX 78467-7692 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The Commercial General Liability Policy includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract requiring such status. Form CG D6 04 08 13- Blanket Additional Insured(Contractors)/Form CG D3 16 11 11 -Contractors Xtend Endorsement(Blanket Additional Insured-Owners, Managers or Lessors of Premises; Blanket Additional Insured -Lessors of Lease Equipment; Blanket Additional Insured-State or Political Subdivisions-Permits) The General Liability policy includes a primary and non-contributory provision only when there is a written contract that requires it. Form CG D3 16 11 11 -Contractors Xtend Endorsement The Commercial General Liability Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CG D3 16 11 11 -Contractors Xtend Endorsement The Commercial General Liability Policy includes an endorsement providing 30 days'notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium. Form IL T4 11 12 09 Designated Entity-Notice of Cancellation/Non-Renewal Provided by Us The Commercial General Liability policy includes Form CG D3 16 11 11 -Contractors Xtend Endorsement. Contractual Liability-With respect to operations performed within 50 feet of railroad property,the definition of insured contract in Section V Definitions 9."Insured Contract" Item c. is amended to read"Any easement of license agreement"and Item f.(1)is removed. The Business Auto Policy includes a blanket automatic additional insured endorsement that provides additional insured status when there is a written contract that requires such status. Form CA T3 53 02 12-Business Auto Extension Endorsement The Business Auto Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CA T3 53 02 12-Business Auto Extension Endorsement The Business Auto Policy includes an endorsement providing 30 days'notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium where required by written contract. Form CA T3 25 09 99—Notice of Cancellation The Business Auto Policy includes Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29&30 of the Motor Carrier Act of 1980-MCS-90(Rev.4-00) (Rev. 09-08) The Business Auto policy includes Endorsement CA 20 70 10 01 -Coverage for Certain Operations in Connection with Railroads where required by written contract The Workers Compensation Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form WC 42 03 04(B)-Texas Waiver of Our Right to Recover from Others Endorsement The Workers Compensation Policy includes an endorsement providing 30 days' notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium where require by written contract.WC 42 06 01 (00)-Texas Notice of Material Change Endorsement The Workers Compensation Policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement Form WC 00 01 06 A Commercial Excess Liability(Umbrella)—Form UM 00 01 11 03 Except for the terms, definitions, conditions and exclusions of the Policy,the coverage provided by this Policy shall follow the terms, definitions, conditions and exclusions of the applicable underlying insurance. Citywide Street Overlay City of Corpus Christi Project No. E12215 (Street Preventative Maintenance Program) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Dec-29-2014 08:59am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.004/022 F-556 ".„.....7---,,..." l.Vlfb LL LLt 4�Qfl, LLQ. / Travelers Indemnity Company of America Nt CO4p396656 09/01/14-09/01/15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / BLANKET ADDITIONAL 'INSURED - AUTOMATIC STATUS J IF"REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COM MERCIAL GENERAL.LIABILITY'COVERAGE PART 1. The following is added to SECTION II—WHO IS AN INSURED: (a) The Additional Insured : Owners, Lessees or Contractors:— Scheduled • Any porton or organization that: Person or Organization.endorsement a. You agree in a "written.contract requiring In- CG 20 10 07 04 or.CG 20 10 04 13, surance" to include as an additional insured the Additional insured — Own en this Coverage Part;and Lessees or Contractors—Completed b.' Has not been added as.an additional insured Operations endorsement CG:20 37 for the same project by attachment of an en- such07 04 endorsementsCG 20 3z 04 13, or ithbr of • dorsement under this :Coverage Part which those dat ; with eittrer Of includes such person er organization in the edition dates;or endorsement's schedule; (b) Either or both of the following: the is an insured, but Additional Insured — Owners, Les- sees or .Contractors Scheduled a. ; Only.with respect:to liability for"bodily injury", Person Or Oigar atton endorsement • "property damage"or"personal injury";and CG 2014, or the Additional Insured— b. Only as described in Paragraph(1), (2)or(3) Owners; Lessees or Contractors -- below,whichever applies Completed Operations endorsement (1) If the "written contract requiring insur- CG 20 37, without an specified; date of g :such endorsement specified; ance"specifically requires you to provide additional insured coverage In that per- the person or organization is an additional son or organization by theuse of insured only if the injury or damage is caused, in whole or in part, by acts or (a) The Additional Insured - Owners,. omissions'of you or your subcontractor in • Lessees. or Contractors — (Form B) the performance of"your work" to which endorsement CG 20 10 11 85;or the'written contract requiring insurance" (b) Either.or.both of the following: the applies;or Additional Insured — OWiriers, Les- (3) If neither Paragraph(1)nor.(2)=aboye ap- sees or Contractors — Scheduled -plies: • Person Or Organization endorsement CG 20 10'l p 01, or the Additional In- (a) The person or.organization is an ad- , suted—Owners, Lessees or Contras- ditional insured only if, and to the ex tors — Completed -Operations en- tent that, the iniury or damage 'is • dorsement CG 20 3710'01; caused by acts,or.omissions Of you or your subcontractor in the 'perform- 'the person or organization is en additional .ance of"your work"to which the"writ insured only if the injury or damage arises ten contract requiring insurance" ap- out of "your'work' to which the "Written plies;and contract requiring insurance"applies; (b) The person or organization does not (2) If the. "written contract requiring insur- qualify`as an additional insured with ance"specifically requires.'you to provide respect to The independent acts or .additional insured coverage to that per omissions of such person.or orgarti- •son or.orgeniization by the use of: zation. CG D8:04 08.13 a 2013 The Travelers Indemnity Company.All lights reserved. Page 1 of 3 Dec-29-2014 09:OOam From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.005/022 F-556 • COMMERCIAL GENERAL LIABILITY 2. The insurance.provided to the additional insured by this endorsement is limited as follows: and coliectrble other insurance, whether primary, excess, contingent.OC On any.Other basis, that is a. If the Limits of Insurance.of this Coverage available to the additional insured when that per- Part shown in the Declarations.exceed the son.or organization'is an.additional insured, :or is minimum limits of liability required by .the any other insured that does notqualify es a "written contract.requiring:.insurance", the in- named.insured, under siich other insurance. surange provided to the additional insured will 4, As a condition of coverage provided to the addi- be.limited to such:minimum required limits of tional insured by this endorsement;. liability. 'For the Purposes of determining whether this limitation:applies, the minirrium a. The additionalsooinsured must give us'written .— r-�.-limits-o€,fiabiliiy-req�rirer byTthe-�'wrftten-can�-- ------� notice as soon es_p_a�ficable,,..pf_az_"accut�.--- tract requiring-inserrance" Will be considered ranee" or en.offense which.rnay result in a to include the miriimum.fimits of liability of any claim. 7o the extent possible, such notice Umbrella or Excess liability coverage required should include: for the additional insured by that"written con- (1) How, when and where The "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits'of insurance de-in Section Ill-Limits Of insurance. persons and witnesses;an(Z) Tee names and ssss;an of.any injured b. The insurance provided to the additional in- d sured does not,apply to"bodily injury'r, "prop. (3) The nature and location of any injury or erty damage" or "personal injury" arising out oamage arising out of the,''Occurrence"or of the rendering og or failure to render,.any offense, professional architectural, engineering.°rout- b. if a claim is made or"suit"is brought against veying services,including: the additional insured, the additional: insured (1) The preparing, approving, or failing to must (1) Immediately prepare or approve, maps, shop draw- claim record :the specifics of the field or- ders claim or"suit'and the date received;and ings, opinions, reports, surveys, or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to ,prepare or .ap- The additional insured must see to:it that we. prove, drawings.and specifications;and receive written notice of the,claim or'suit"as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c,. The additional insured'must immediately'send c. The insurance.provided to the additional in- us copies of all_regal papers received in con- sured does' not apply to 'bodily injury" or nection with the claim or'suit",cooperate With ,property,damage"caused by"your work"'and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit",and oth- tions hazard"unless the "written contract re- erwise comply withal)policy conditions. quiring insurance"specifically requires,you to d. The additional insured must tender the de- provide such coverage for that additional in- fence and indemnity of any.claim or"suit" to sured during the policy period. any provider.of other insurance which would i.3. The insurance provided to.the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement However, this collectible'other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is avaiiable�to the additional insured. However;if the once provided to the additional insured by this"wriiterr contract requiring insurance" s endorsement is primary to other insurance pecifically available to the additional insured which coy- : requires that thisinsurance apply .on a :primary basis or a primary and non-contributory basis,this 8insuredthaas describedsn br in Paragraphaas a named insurance is primary to.other insurance available in 3.above. to.the additional.insured under which that person 5. Tee following is added to the DEFINITIONS $eG- or organization qualifies as'a named insured,•and bon. we will not share with that.other insurance. But 'Written.contract requiring insurance"means that the'insurance provided to the additional insured part of.any written.contract, or agreement udder by this endorsement still is:eedess over any valid which you are required to include a person or or- Page 2 r-Paget of 3 02013 the Travelers Inaemnity Company.All lights reserved. CO D6 04 0813 Dec-29-2014 09:OOam From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.006/022 F-556 COMMERCIAL GENERAL;LIABILITY ganization as:an additioinal insured on this Cover- a. After'the signing andexecution of the contract age Part, provided than the "bodily injury" and or'agree . ''property damage occurs, 'and the "Personal in- merit 1:6,you;and Jury" is caused by an offense .committed, during b: While.that part of the contractor agreement is the:icy period and: in effect, CG DB 04 0813 02013.The Travelers Indemnity Company.Ali rights reserved_ P,age.3of3 Dec-29-2014 09:01am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.007/022 F-556 44.VA.VY YV:l.1V12, L LU. Travelers Indemnity Company of America C04D398656 09/01/14-09/01/15 COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ-IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL•GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF.COVERAGE—'Phis endorsement broadens coverage. However, coverage for any • --»injuiy a or madicaLexpenses.,described-ice ep . Of-th - rovisioras-qf-#fila-endorsementyTray be~exdtrded-or:--- -- limited by another enddrserrient to this Coverage.Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement;The following listing Is a general cover_ age description only. Limitations exclusions*may apply:to these coverages:Read ell the provisions of this en- dorsement and the rest of your policy carefully to determine rights, dudes,and what,is and is not covered. • A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented'To You Equipment C; lncreased:Supplementa y Payments. I. Blanket Additional insured — States Or Political D. Incidental Medical Malpractice Subdivisions—PEnnits E. Who' Is An Insured—Newly Acquired Or Formed J. Knowledge And Notice Of Occurrence Or Offense Organizations K. UnintentionalOmission F. •Who Is An Insured — Broadened Named insured L Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured— Owners, Managers N. Contractual Liability—Railroads Or Lessor,Of Premises PROVISIONS INJURY .AND PROPERTY DAMAGE Li- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g.through.n. do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) I COVERAGES --COVERAGE A BODILY IN- does not apply to"premises damage"caused JURY AND PROPERTY DAMAGE UABILITY: by: This exclusion does not apply'to en aircraft that •a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; C, Lightning; (b),Not owned by any insured;and d_ Smoke resulting from such fire,:explosion, (c) Not being used to carry any person or prop- or lightning;or arty for a charge. e. Water, .B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f.of Section 1—Coverage A 1. The first paragraph ofthe exceptions"in Ex- —Bodily Injury And Property Damage Liability elusion }., Damage To Propefty, .in Para- is.replaced by another endorsement .to this Para- ;graph 2. of SECTION I — COVERAGES — Coverage'Part that has.Exclusion—Ail P.ollu- ;COVERAGE A BODILY INJURY AND tion Injury Or.Damage•or Total Pollution Ex- PROPERTY DAMAGES LIABILITY is deleted. elusion in its title. 2. 'The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as. described. in Para- ICOVERAGES — COVERAGE A. BODILY graph 6. of SECTION III -- LIMITS OF IN- SURANCE_ CG D3161.1 11 0 2011 The Travelers Inaemnity.Cornpsny.Ali rights reserved_ Page 1 of 6 Dec-29-2014 09:01am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.008/022 F-556 COMMERCIAL GENERAL LIABILITY • • 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS '710N III—LIMITS:OF INSURANCE: 1. The following replaces Paragraph :I.b.. of •.Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS --'COVER- fses Rented To You Limit is,the most we.will pay under Coverage A for damages,because AGES A AND B of SE CTION I —.COVED AGE; of'premises damage,' 'to any.one premises. The Damage To Premises Rented To You b. Up $2,500 far the cost of:bail bonds Limit vkitl apply to all "property damage" required because of.accfdlents,or traffic Proximately caused. by the same !occur- law Violations'arising out of the use of any rence", whether such damage results from: vehicle to which the Bodily Injury Liability --4.4.. --..-.,-•..fire Coverage a explosioFr;-lrgh#Hing;-smpke-resaltirrg -------- applies;We do not jme to- r such fire, explosion, or lightning; or water; or Wish bonds. ----- - any conibinaticn of any of these causes. 2. The following replaces Paragraph 1.11- of The 17arrrage 7o Premises Rented To You SUPPLEMENTARY PAYMENTS — COVER- ' Limit will be: COVER- AGES: AGES A.AND B of SECTION I-- COVI~R- a. The amount shown for the Damage-To Premises Rented To You Limit on the d. All reasonable expenses incurred by the Declarations of this Coverage Part;or insured at our request to assist us in the b. $300,000, if no;amount is shown for the investigation or defense of,the.Gaim or work. ir, Damage To Prernises Rented To You to $500 ada including actual loss of earnings up Limit on the D.eelarations.of this CoverageY because of lime off from Park 4.; The following replaces Para D. INCIDENTAL MEDICAL MALPRACTICE Paragraph a. of the 1. The following is added to the definition of"od defindion of insured'contract" in the DEFINI- TIONS Section: Currertce"in the DEl=1NITIONS.Sectjon: a. A contract for a lease of premises. How- "Occurrence".also means an act or. omission • co ever, that portion of the contract for . committed in providing or failing to provide lease of premises that indemnifies any inc derrtal medical services" �frst aid or person or 'organization for "premises "Good Samaritan services"to a person. 2. The following is added to Paragraph 2.a,(1).of damage"is not an insured contact"; 6. The following is added to the DEFINITIONS SECTION It—WHO IS AN INSURED:. Section: Paragraph (1)(.d) above does not apply to ".'Premises damage" .means "property dam- "bodily injury" arising out of providing or fail- age"to: ing to provide:. a. Any premises while rented to you or tern- your. ('r) "Incidental medical services" by. any of porarily occupied by you with permission Your"employees° who. is aa nurse practi- r or tioner,registered nurse, licensed practical of the.owne nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic;or premises is,rented to you, if you rent such premises for period of seven or fewer (II) First aid or"Good Samaritan.services"by • consecutive days_ .any of your employees" or. "volunteer workers",.other than an employed or vol- 6. The following replaces Paragraphb.(9)(b) of SECTION IV—COMMERCIAL unteer doctor. Any such employees" or GENERAL LIABILITY CONDITIONS: "volunteer wQrfcers";providing or failing to (14 That fis insurance for"premises da provide first aid er"Good Samaritan Ser- • Or vices"during their work hours for you will 7. be deemed to be.acting within the scope :Paragraph 4,b.(1)(c) of SECTION 1V •— of their employment by you or performing .COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is.deleted. Hess Page.2 of-6 02011 The Travelers IndemnityCompany.Pafi+-All righrs.reserved: .CG D3 1611 11 Dec-29-2014 09:OZam From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.009/022 F-556 COMMERCIAL-GENERAL LIABILITY 3. The following is added 'to Paragraph 5. of SECTION 111—LIMITS OF INSURANCE:, 4. Any Ar9anization you newly. acquire.or form, For the v other than a partnership,joint venture or lim- p rposes.of determining the.applica- fled ,liability company, of which you are.the ble Each Occurrence Limit; all related acts or sole owner or in Which you'maintain the ma- • omissions committed in-providing dor failing to jorlty ownership interest, $.41-11 qualify as a provide "incidental medical:services", first.aid Named.Insured if there is:no-other insurance. or"Good Samaritan services"to any one per- which provides similar coverage to that'or- son.will be deemed to be one"occurrence". 4: The following exclusion is added to Para- ganizab'ort.However. graph 2.,.Exclusions a. Coverage, under this provision is afforded _.,........----=---.r.,_ ,�,,,,_, h , of SECTION!—COV- 4 ERAGES COVEITAGEWBS)DICY-INAURY- --per------,-. • AND PROPERTY DAMAGE LIABILITY: (1) Until'the 180th day,after you acquire or �.. Sale Of pharmaceuticals form the organization or the end of'the "Bodilyinjury' or "property g " policy.period,.whichever is earlier,'if you 1 ry` damage" arisingdo hot report such organization In'writing out of the willful violation of a penal'statute or to us within 180 days after you acquire or ordinance-relating to the sale of phare, euti. - cats committed by, or with'the knowledge or form it;or consent of,the insured. (2) Until the end of the policy period,. when 5.' The following is added to.the.DEFINITIONS that date is later than 180.days after you Section: acquire.or form such organization,if you • "Incidental medical servicer means: report.such organization in writing to-'us within 180 days.after you acquire or form .a. Medical,surgical, dental, laboratory,x.ray it, and we agree in writing that f'Will,con- ar.nursing'service or treatment, advice or tinue to be a Named.Insured until the end • instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage.A does not rty a ppty to b. The furnishing or dispensing of drugs or. or "property "bodily Irl p damage" that occurred befOre medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not a in- "Good Samaritan services"means anyether- PPS to "personaloutfn jury" or "advertising injury" arising out of an gency medical'services for which no carmen- offense committed before you acquired or sation is.demanded or received_ formed the organlzatiott, 6, The following is added to Paragraph 4. .,,Ex-b F. WHO IS AN INSURED— BROADENED cess -insurance; of SECTION IV — CBROADENEDNAME MERCfAL GENERAL LIABILITY CONDI- INSURED—.UNNAMED SUBSIDIARIES TIONS: The following,is added to.SECTION 11—WHO.1S The insurance is excess over any-valid and AN INSURED: collectible other insurance available to the in- Any of your subsidiaries,otherthah a paitnersfiip, cured,whether primary,excess, contingent or ,joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named insured in the Declare- your "employees" or "volunteer workers" for tions'is a Named Insured if you maintain an own, "bodily injury" that arises out of providing orershiip interest of more than 50% in such subsidi- failing to provide "incidental medical -ser- ary on the first day of the policy period_• vices",first aid or"Good Samaritan services" No to any person 'to the extent not subject to �stxh.subsidiary i5 an insured.for"bodly injury' Paragraph 2.a.(1) of Section II — Who Is An or pfOp�y damage" that occurred, or "personal Insured: injury" or "advertising injury" caused by an of- WltO IS AN INSURED — N>=VIILY ACQUIRED policy Committed after the date, if any, during the OR FORMED ORGANIZATIONS policy period, that you ho longer maintain an The-following.replaces Paragraph 4.Of SECTION s owary ershrp interest of more than 50%in such sub, Il--WHO IS AN INSURED: CG D3 16 11 11 ea 2091 The Travelers indemnity Company.All rights nerved. Page 3 of 6 Dec-29-2014 09:03am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.010/022 F-556 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED—OWNERS, H. BLANKET ADDITIONAL INSURED—LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II—WHO iS The following is added to SECTION II-.WHO IS AN iNSUtZEp; AN INSURED: Any person or organization that is..a prerraises Any person or owner, manager or .lessor .and that you have organization that is art equipment agreed in.a written contract or.agreement to in- lessor and that you have agreed in a wrten con- clude as an additional insured on•this Coverage tract or agreement to include as an insured on Part is an insured, but only with respect to liability this Coverage Part is an insured, but only With re- _— for "bodily injury", "property damage", "personalspent to liability for"bodily injury", "property dam., ..._..�..�nj "'o 'aifi ttismg�n�c7i�" --..--------- ....._ ,._.a9e-,-,personal-injury"-or--advertiisinoinjun �thatr,.,,.,,.......�---• a. Is "bodily injury" or "property damage" that a. Is "bodily injury'" or "property damage" that Occurs, or is "personal injury" or"advertising occurs, or is "personal injury" or"advertising Injury" caused by an offense that is commit- ted, caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of.that con- tract or agreement.and tract er agreement;and b. Arises out of the ownership, maintenance or b. Is caused, in.whole or in part, by your acts or use of that part of any premises leased to omissions in the maintenance; operation or you. use of equipment leased to you by such The insurance provided to such premises owner, equrpmeq#lessor. manager or lessor is subject to the following pro- The insurance provided to Such equipment lessor visions; is subject to the following provisions: a. The limits of insurance provided. to such a, The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be•the minimum limits the minimum limits which you agreed to pro- contract you agreed to provlee in the written vide in the written contract or agreement, or contract or agreement, or the Winks shown on the limits shown on the Declarations, which- the Declarations,whichever are less, ever are Tess. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any"bodily injury"or owner,manager or lessor does not.apply to: "property damage" that occurs, or "personal injury"or"advertising injury"caused by an of (1) Any "bodily injury" or"property damage" fence that is committed, after the equipment • that occurs,or"personal injury"or"adver- lease-expires. tising injury"caused by an.offense that.is committed,after.-you cease to be a tenant c.. The insurance provided to such equipment in that premises;or lessor is excess'over.any valid and collectible other insurance available to such.equipment .(2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have • behalf ofsuch premises owner, lessor or agreed 'in the written contract or agreement manager. that this insurance must be primary to, or • c, .The insurance •provided to such premises ndn-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will:be primary ;valid-and collectible other insurance available to, and non-contributory with, such other in- . -to such premises owner, manager orlessor, surance. !whether primary, excess, contingent or .:on I. BLANKET ADDITIONAL 'INSURED _ STATES ,any other basis, unless you have agreed in OR POU TICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- .surance must be primary to, or 'non- The following is added to SECTION 11—WHO.IS ,contributory with, such other insurance, in AN INSURED: • which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with; such other insur- permit in connection-with operations performed by mop• you or on your behalf and that you are required Page 4 Of 6 .@ 20'i i The Travelers Indemnity Company.All rights reserved. CG D31611 11 Dec-29-2014 09:04am From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.011/022 F-556 COMMERCiAL;GENERAL LIABILITY • by any ordinance, law or building code to include as an additional insured on this Coverage Part is (ii) A manager of any limited liability an insured, •but Only.with respect to,liability for company;or 'bodily injury", "property damage", "personal in- (iii)An executive officer or director of jury."or"advertising'injury".arising out of such op- any other organization; ,erations. that is your .partner, joint venture The insurance provided to such state:or political member or manager,or subdivision does notapply to: (b) Any "empioyee"•authorized by Such "bodi in u partnership, joint !venture, limited. Ii-. A. Any "bodily j u ry," property damage," "per- ability company or other organization .........._.....__..,. ----., sonaLinjurV,Lor edVedising-injury-',arising-out .,. . ..___— ,..give-•notice oPair-"oc:currence"- of operations performed for that state or po- offense. or------- • litical subdivision;or (3) Notice to us ofsuch"occxirrence"or of:an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the"products-completed operations soon as practicable if it is.given in:.good hazard'. faith as soon as practicable to your work- J. KNOVIILEDGE: AND NOTICE OF OCCUR- ers' compensation insurer. This applies FENCE OR OFFENSE only if you subsequently give notice to.'us The following.is added to Paragraph 2..,'Duties.In the"occurrence or offense as anon as 'Event of Occurrence, Offense, Claim or pra�Gble after any of:the.persons' de- The . Suit, of SECTION IV — COMMERCIAL OEN- scribed in Paragraphs e. (1)Or(2) above ERAL LIABiLITY CONDITIONS: discovers that the"occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insurance a, above,'but only for the purposes of the in- arovided under this•Coverage Part may surance provided underthis Coverage•,Part to apply' • you or any insured listed in Paragraph 1.or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured; dorsement that provides limited coverage for (1) Notice to us of such"occurrence" or of- "bodily injury" or "property damage" or pollution lanae must be given as soon.as practice- costs Arising onto a discharge, release or es- �ble only after the"occurrence" or offense cape•of"pollutants"which contains a requirement that the discharge, release or escape of "popes_ is.known by you,(rf you are an individual), any of your partners�or members who`is pitta must be reported :to us within a specific, an indiviotia nouer area partnership or number*of days after its abrupt commencement, joint.venture), any of your managers who this Paragraph e. does not affect that require is an individual(if you are a limited liability ern' company), any of your "executive off- UNINTENi'1QNAL OMISSION vers"Or directors (if you are an organize- Thefollowing is added to Paragraph 6., Repre- lion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or Conked liability company) or any "em- GENERAL LIABILITY CONDrONS: pioyee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by•you which (2) 1f you are a partnership,;joint venture or we relied upon in issuing this policy will not preju- • limited liability ccimpany,,and.none of your dice your rights under this insurance. However, partners, joint venture Members or man- this provision does.not affect our light to collect • agers,are individuals, notice to us of such .additional premium. or to exercise our rights of "occurrence"or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only'after the"occur- applicableinsurance iaws'orregulations. rence"or-offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The.following,is added:to Paragraph 8., Transfer (i) A partner or member of any part Of Rights Of Recovery Against•Others To Us, hership or joint venture;. of SECTION IV— COMMERCIAL GENERAL LI_ ABILITY CONDITIONS: CG D3161111 er2011 The:Travelers Indemnity Company.All rights reserved. Page 5of 6 Dec-29-2014 09:04am From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.012/022 F-556 • COMMERCIAL GENERAL LIABILITY • If the insured has agreed in a contract or agree- 3. todik injury" means: bodily injury, mental ment to.waive that insured's right of recovery rY anguish, marital injury,shock,fright,disabil'lty, aga' y person or organization, we waive our humiliation, sickness or tlisease'sustained by •ight of recovery against such person or•organiza- a person, including death resulting from any tion,but only for payments we make because of:.' of these atany time. ,a. "Bodily injury" or "property damage" that oa N. CONTRACTUAL LIABILITY.-RAILROADS curs;or 1. The following replaces Paragraph c. of'the b. "Personal injury" or "advertising injury" definition of"insured contradt" in the DEMI- caused by an offense•that is committed; TIONS Section: . ubsegaent-to-4he'execration.of-that~contract-o, c.—Aay.easemeft-or-license•.agreernerit-7---.-..---.,...._... agreement. 2. Paragraph f41) Of the definition of "insured M. AMENDED BODILY INJURY DEFINITION Contract" in the DEFINITIONS Section.is de- The .folloniing replaces the definition of "bodily feted_ . . inJury"jn the:DEFINITIONS Section: • • • • .Page 6 pf 6 02011 The Travelers indemnityCompany. rig4ts resanred. CG D3 1611 11 Dec-29-2014 09:05am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.013/022 F-556 09/01/14-09/01/15 • POLICYNUMl3Ek C9417398656 ISSUE DATE:09 -01- 2014 THIS ENDORSEMENT CHANGES.THE POLICY.•PLEASE READ IT CAREFULLY, • DESIGNATED ENTITY _ NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement moefifies insurance provided under the fallowing: ALL OOVERAGEPARTS.INCLUDED'.IN THIS•POLICY SCE E:DUL• E .CANdEU.AtIoN: . . - .. . ..• . • Number of Days Notice of Cancellation: 30 / NONRENEWAL: Number or Days Notice of Nonrenewal: 3° PERSON OR • ORGANIZATION: Any person or organization that is a certificate holder of a certificate of insurance issued for you that: 1. Refers to this policy and states that notice of cancellation or non-renewal of this policy will be provided to that person or organization; and 2. Is in effect, and is on 4ile at the4 office of your agent or broker for this policy, at the time of the cancellation or non-renewal. ADDRESS: PROVISIONS: A. If we cancel.this'policy for any statutorily permit- B. 1f we decide to not renew this policy for any statu- • ted;reason.other than nonpayment of premium, torily permitted reason, and a number of days Is and a number of days is'shown for cancellation in shown for nonrenewal Ict the schedule above, we .the schedule above,we will mail notice of cancel- will•mail notice of the nonrenewal to the person or Iation'to the person or organization shown in the organization shown in the.schedule.above. We schedule above. We will mail such notice to the will mail such notice to.the address shown in the address shown in the schedule above at least the schedule taboVe at least the number of:days. :number of days shown for cancellation in the shown;f0r nonrenewal in the schedule above-be- schedule above before the effective,date of can- forethe.expiratlon date. ceilation. It.T4 00 12.09 .02009-The Tra'erers Indemnity Company Page'1 of 1 Dec-29-2014 09:05am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.014/022 F-556 Travelers Property Casualty Company of America BA2DB92937 09/01/14-09/01/15 COMMERCIAL.AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided underthe following; BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Fomi..apply unless modi- �__ •fled l y the endorsement_ GENERAL DESCRIPTION OF COVERAGE This:endorsement broadens.cov tnjury,�damage or medical erage.However,coveragefor any expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening the extent that coverage is exoitided or limited by such an endorsement The following provisions istin i is ag not apply to age description only. Limitations and exclusions may apply to these coverages. g . general cover- age O { en- dorsement and the rest ofdRead aft the provisions of this your policy carefully to determine rights,duties,and what is and is not:covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE•— LOSS OF USE—INCREASED:LIMV[IT 'B: BLANKET ADDITIONAL INSURED I. ,PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS —INCREASED L. NOTICE AND KNOWLEDGE:OF ACCIDENT LIMITS OR.LOSS F, HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OP SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A.. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who;Is. "property damage" occurs and that is In effect • An.Ineured, of SECTION li- LIABILITY CO- during the policy period, to be named as art addi- ERAGE: tional Insured is an insured" for Liability Cover- age,Ar1y organization you newly acquire or form dur- but only for damages to which this insurance tng•the policy period over which you maintain applies,and.Only to the extent that person or or- 5©% or more ownership interest and that is not ganization qualifies as an "insured" under the separately insured for Business Auto Coverage. Who Is An Insured provision contained In Section Coverage under this provision is afforded,only un- II tit the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO .ganization or the end of the policy period, which- 1. The following is added to. Paragraph A.1., ever is earlier. Who Is.An Insured, of SECTION II — LI- B, BLANKET ADDMONAL•INSURED ABILITY COVERAGE The following is added to Paragraph c, ii'+ A.1. An "employee" of yours is.an '.'insured"while Who Is An Insured, of SECTION II—LIABILITY operating an "auto" hired or rented under.a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission,'while performing duties related to ,the conduct of your busi- a.written contract or-agreement between you and that person or organization, that is signed and nom' CA.T3 53 02 1202010 The Travelers Indemnity Company Includes copyrighted materiel of insurance San/ices s pffl e,ins with its Page 1 of 4 Dec-29-2014 09:O6am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.015/022 F-556 COIUIMERCIAL AUTO 2. The;following replaces Paragraph b. in.B.S., Other Insurance, �of SECTION IV - BU31_ Within such country or,jurisdiction,for LiabilityOtheAUTO•CONDITIONS:: Coverage for any covered "auto" .that you NESS lease, hire,rent or borrow without a driver for b. For'Hired Auto Physical Damage Clover- a period of 30 days or less and that is not an • aged taetos"he you an ng are deemed to be coy you lease, hire, rent or borrow'from • Y Your"employees", partneri (if you are (1) MY covered '"auto"'you lease, hire, a partnership);members (if you.•are•,a limited. Writ or borrow;and liability company) or members of their house- holds.. (2) Any covered"'aelto"hired or rented by -- .r......._._.._.1.-.....---._ya 1. iglR�eeLLInder..a-co tract,:ira...._ - (a) �ooWith respect to any claim made or "suit" u , r� �.�-,...,__._�broa ht-�Gtside individual "employee's" name,. 9 �l7fllfe�"'S�es--'-�---�--�� thatwilh your permission, while'perform- Amen"ca, the territories and possessions of the United States'of America,.Puerta ing duties related to the conduct of your business. Rico and Canada However,any"auto"that is leased, hired, (I) You must arrange to defend the gin.. rentedor borrowed with a'driver is not a. sured"a ainst,and investigate onset coded."auto", Ile any such claim or"suit"and keep D: EMPLOYEES AS INSURED us advised of alt proceedings and so- p• : Tie following is added to ParagraphA.1.,'Who is An, Insured, of SECTION ii - LIABILITY COV (ii) Neither you nor any other involved ERAGE: "insured" will make any settlement without our consent Ary"employee"ofyours is an "Insured"while us- (iii)We may,at our discretion, participate ing•a covered"auto"you don't own, hire or borrow in'Your bi,siness•ar your in defending the'insured" against,�or personal affairs, in 'the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS -INCREASED "suit". LiMITS. (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2:a.(2) sums that the "insured"'legally'must of SECTION It-LIABILITY ' pay as damages because. of"bodily (2) Up to $3,000 for cost of ball bonds (in- injury"'or"property damage"to which' this insurance applies, that the "in- cluding bonds for related traffic law viola- t tions) required because of an "accident` sued" pays with our 'consent, but Weever. We do not have to furnish only ., Limit Of.lthe limit described in para • - • thesetonds. graph CC., rtsurarxe,.of SEG 2. iThe following replaces Paragraph A. TION TION.i1-LIABILITY COVERAGE; ' of SECTION II-LIABti.iTY COVERAGE; (v) We will reimburse the "insured"' for the reasonable expenses .incurred I.(4) All reasonable expenses incurred by,the With our consent for your investiga_ • "insured" at-our request, including actual tion of such claims and your defense loss of earnings up to $500 a clay be- 'of the "insured" :against •any such cause of time off from work. "suit", but only up to .and included F. HIFIED AUTO LIMITED WORLDWIDE COY- within the limit 'described in Para- - INDEMNITY BASIS 9 h .C,. Limit Of insurance, of The following replaces'Subparagraph (5) in Rana- SECTION 0 - LIABILITY COVER- , graph B,7., Policy Period, Coverage Territory, COVER- AGE, drhutd not in addi onto such li is of SECTION IV -• BUSINESS AUTO .CONDI- Dendse to make .such payments TI 5: .when we have used up'the ap- pueblo limit of insurance inpay- (s5) IAnywhere in the world,except any country or merits for damages, settlements or jurisdiction while •any trade• sanction, em- defense expenses. �b'argo, or similar regulation imposed by the. (b) This insurance is excess over any valid United-States of America applies'to and'pro- and collectible other insurance available -iibits the 'transaction of business with or I Page 2bl f 4 ©2010 The Travelers lnderirnity,Company rndudes copyrighted material of lnsuranoe'Services O ice,inc.with isCA T3 63.0212 permission. Dec-29-2014 09:0Tam From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.016/022 F-556 • .COMMERCIAL AUTO to the insured"whether primary, excess J. PERSONAL•EFFDCTS contingent or on any other basis. (c) This:insurance is not a substitute for re- The following.is addedto Paragraph A,4., Cover- Attired 'or compulsory insurance in any age DAMAGE CQVEE OVEs, aGSECTION :III .PHYSICAL • RAGI=; country outside the United States, its ter •ritories and possessions, Puerto Rico and Personal.Effects Canada. We will pay.up to $400.for "loss"*to wearing.ap- You agree to maintain all required or Panel and;other personal effects Which : compulsory insurance in any such coun- (1) Owned by an insured";and try up to the minimum•limits required by (2 in. 119,191 oV Ee ACC-- --''''—'-`''',— �,..._,-.—� _..,....--_—r` "Taw."Freer far ere ' comply with _._...�_........ compulsory insurance requirements .will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto".. this policy, but we will only be liable to the No deductibles apply to this Personal Effects same.extent we would have been liable coverage_ had you complied With the corripulsory in- K. AIRBAGS surance requirements. (d) ltis enders#ood that we.are not an admit- The fallowing is added to.Paragraph B.3., Exclu- ted• or authorized insurer outside. the dns., of SECTION III — PHYSICAL DAMAGE United States of America, its territories COOVERAGE: and possessions, Puerto Rico and Can- ,Exclusion 3.a. does not apply to "loss"to one or ada:We assume no responsibility for the more airbags in a covered "auto"you own that in- furnishing of certificates'of insurance„or Pate due to a cause other than.a cause of loss" for compliance.in any way with the tads set forth in Paragraphs A.1,b. and A.1.c:, but of other countries relating to insurance, only: G. WAIVER OF DEDUCTIBLE—,GLASS a. If that "auto"is a covered ''auto"for--PHYSICAL DAMAGECompre- hensiveThe following Is added to Paragraph Coverage under this policy; D., De- ductible, of SECTION III b. The airbagsny -- are not,covered under war- ranty-,and No deductible for a covered "auto" will apply to c• The airbags were not intentionally.inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of:$1;000 for any replaced. one'loss". H. HIRED AUTO PHYSICAL,.DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT-OR 'USE—INCREASED LIMIT LOSS The.following replaces the last sentence of Para- The following is. added to Paragraph A.2.a,, of graph A.4.b.,.Loss.Of Use,Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION ill—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized represents- However,the most we will pay for any expenses tine prompt notice-of the "accident" or"loss" ela- te!' loss of use-is $85 per day, to a maximum of plies only when the ':accident" or•"loss" is:known $750 for any one''accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You(f you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the:first sentence in Para- graph A.4.a., Transportation Expenses, of (c) A member (if you are a limited'liability coat- SECTION III — PHYSICAL DAMAGE COVERA- Wim)' GE: (d) An executive officer, director or insurance or- We will pay up to $50 per day'to a maximum of meager(if you are a corporation or other.$1,500 for tem ra transportation a ganization);or Po rY expense in, cuffed by you because of.the tdtal-theft of a cop, (e).Any" e acci��authorized by you.to give no- dent""auto"of the private passenger type. :tics ofth "accident"or"loss"_ • CA"13 53 0212 0 2010 The'Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of rnSuranaeSartices•afflca.Inc.with•its permission, Dec-29-2014 09:0Tam From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.017/022 F-556 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract The waiver applies only to the The.following replaces'Paragraph.A.5., Transfer person or'organization .designated in such Of Rights Of Recovery Against Others To Us, contract, of SECTION IV - BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR:OMISSIONS TIONS: The following,is added to Paragraph.B.2., Con- 5 Transfer Of Rights Of Recovery.Against cealment, .Misrepresentation, .Or Fraud, of Others To Us SECTION JV--BUSINESS AUTO CONDITIONS: We waive any right of recovery we mayhave The unintentional 'omission of, or unintentional against any person or organization to the ex- error in, any informationgiven'b -- .-.. ...—. ..--.teaLrequired-.of..you-by--a-written-contract-------.., udi Y You shall not 'sigrled and executedprior to "accidenr `�j ce-yora�rights-wwtde�#liis-insarai�ce:-Howe._.._-��,,,.,., any ever this.provision does not affect our right.to col- or"loss" 'provided that the"accident"•or"loss" lett additional premium 'or exeitise our right of arises out -of operations contemplated by cancellation or non-renewal. • � I i I I i I I i I i I i I I ' I i Page 4 of 4 C 2010 The Travelers'Indemnity Company CA T3 53 02 12 Includes cop'yelghted material of insurance SenriCes ottice,Inc.with itspermission_ Dec-29-2014 09:08am From-SWANTNER & GORDON INSURANCE 3618440101 1-822 P.019/022 F-556 ,Travelers Property Casualty Company of America : 09/01/14-09/01/15 / POLICY.NUMBER: 8A3D892937 N// COMMERCIAL AUTO ISSUE.DATE: co-01-2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, • • COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS This.epdorsementTadifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • •.G GECOVERAGFXORM MOTOR,CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided under this endorsement, the provisions.of the Coverage Form apply unless modified by the endorsement. SCHEDULE Scheduled Railroad Designated Job Site Any railroad where required by wxitten contract (If no•entry appears above, information required to complete this endorsement Will be shown in the Declarations as applicable to this'endorsement) With respect to the use of a covered°auto'in operations for or affecting a railroad designated in the Schedule at a Designated Job Site,the two exceptions contained in the definition of Insured contract'relating to donstruction or 'demolition apeiations•performed within 50 feet of a railroad•do not apply. • • • • • • CA 20 7010 01 6 ISO Properties,.Inc.,2000. Page 1 of-1 Dec-29-2014 09:08am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.018/022 F-556 Travelezee Property Casualty Company of America 09/01/14-09/01/015 POLICY NUMBER na3E 92937 ✓ COMMERCIAL AUTO ISSUE DATE:.09-01 -2014 THIS ENDORSEMENT CHANGES.THE POLICY. PLEASE READ IT CAREFULLY. .NOTICE OF CANCELLATION This endorsement modifies insurance.provided by the following: BUSINESS AUTO COVERAGE.FORM GARAGE COVERAGE FORM • i MOTOR CARRIER COVERAGE FORM " -'FR�ICIRS`t;Ot/ERAGE-FO .SCHEDULE 1.j Name: Any person Or Organization for whom the named insured has agreed • by written. Contract to furnish this endorsement. Address; • • 2. i Number of bays Notice: 30 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS We wtl! mail notice of cancellation or material limitation of these coverage forms to the person or organization shown above.We'will mail the notice at least the Number of Days indicated above before the effective date ofour action. • CAT1215 09 99 Pagel of I. • Dec-29-2014 09:09am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.020/022 F-556 Haas-Anderson Construction, Ltd. The Phoenix Insurance Company a9/01/14-09/01/15 / WORKERS COMPENSATION AND EMPLOYERS LIABILITY pOUCY ENDORSEMENT WC 42.03 04(B) POUCY.NUMBER• Us4D4Q2822 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This.endorsement applies.only to the insurance.provided b the Information Page" y the policybecause Texas is shown in Item &A. of We h4/e.the right to recover our payments,from anyone liable:for an injury enforce our�right against the covered by this palic�r. We will not respectto bodily person or'organization.Hamed in the Schedule, but this waiver applies only with 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 forthis.endorsement'is shown'in the Schedule. Schedule 1. 0 I Specific Waiver' Name ofperson or organization El 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: Th premium charge for this endorsement shall be 2 ed .on payroll in connection with work performed for the above persons)or organizationspercent )ariisie premium o€the..operatiions desbribed, 4. Advance Premium; sea schedule This en iorsement changes.the policyto which it Is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy .) Endorsement Effective Policy No. Endorse e o. Insured •remi Insurance:Company Countersigned by �' ( t DATE orISSUE o9-01-2014 STASSIGN: oCopyrthi2014 National Council on'Compensation Insurance,Inc.All RIS Reserved. Page 1 of • Dec-29-2014 09:09am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.021/022 F-556 nddd-Awmerson construction, Ltd. • The Phoenix insurance Company 09/01/14-09/01/19 TRAVELERS J WORKERS COMPENSATION AND • EMPLOYERS LIABIlJry POLICY Haas- ENDORSEMENT •WC 42 06 01 (00) — / POLICY NUMBER: 1134D402822 TEXAS NOTICE OF.MATERIAL CHANGE ENDOR_SEM ... • This endorsement applies only to the:insurance provided bythe policy because Texas is shown in item S.A.of the Information Page. In the event of cancelation or other material change of the policy; we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown In the Schedule. :This endorsementshali not operate:directly or indirectly to-benefit anyone.not named in.the Schedule. SCHEDULE :1..1. NUMBER OF DAYS ADVANCENOTICE: 80 (or**) 2. NOTICE WILL SE MAILED TO: Any person or organization to whom you have agreed in a written contract that notice of cancellation or material limitations to this policy will be given, but only if 1. You send u5 a written request to provide such notice, including the name and address of such person or organization, after the first named insured receives notice from us of the • cancellation or material limitation of the policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this schedule. • • This endorsement does not apply when the reason for cancellation if non-payment of premium. ** Number of days.Notice specified in the Certificate ofinsurance to•all holders of such certificates. • • DATE OF ISSUE 09-01 -2014 STASSIGN: Doc-29-2014 09:10am From-SWANTNER & GORDON INSURANCE 3618440101 T-822 P.022/022 F-556 ThOhoenix Insurance Company 09/01/14-09/01/15 'TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIAEILI7Y POLICY ENDORSEMENT 'WC 00 01 06( A)— POLICY NUMBEI VB4C402822 LONGSHORE AND D HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT . . T' This enhorsement applies only to work subject tothe Longshore and Harbor Workers'Compensation Act ins state .shown in the Schedule. The policy applies to that workas though thatstate were listed in Item 3.A..ofthe Information Page.General Section C.Workers'Compensation Law Is replaced by the following- C. Workers'Compensation Law Workers'Compensation Law means the workers orworkmen's compensation law andoccupational disease law:of each state or territory named in item 3.A. of the'Information Page,and the Longshore.and Harbor •Workers'Compensation Act(33 USC Sections.901-950). It inaiddes any amendments to those laws that are In effect during the policy period. it does not include any other federal Workers or workmen's con pena- #iorf:law, other federal occupational disease law or the provisions of any law that provide nonoccupatioonal disability.benefits. Part Two (Employers Liability Insurance), C. Exclusions.,.exclusion B, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work.subject.to the Defense Base Act,the Outer Continental Shelf Lands Act, orthe Nonappropriated Fund,Instrumentalities Act. The retesfor classifications wfth code numbers not follgwed byi the letter"Pare rates for work not ordinarily subject to the Ldngshore andd Harbor Workers'Compensation Act, if this policy.covers work under such classifications, and if the work is subject to the Longsh,ore and Harbor. Workers' Compensation Act,those non-F'classification rues willlbe increased by the longshore and HarborWorkers'Compensation Act Coverage Percentage shown in the Schedule. .SCHEDULE gate Longshoto and Harbor Workers' Compensation Act Coverage Percentage Texas 64.0 *DATE OF ISSUE: 09- 01-2014 ST ASSIGN: PAGE 1 OF Last