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Home My WebLink AboutC2005-276 - 5/17/2005 - ApprovedS P ~i~ P.. A L Z00~-276 05/17/05 MZ1~05-149 B O N D ~'~ ': FOR LNV ~'Consult/ · / - 8 .~1 Navigation, Co~us Christi, Teaa~. 7~40~ Fax: 3~te883-1996' of t.grpus Christi Fax Transmission Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax: 880-3501 Angel R. Escobar, P E. ,, Pages: 13 (including fax sheet) Director of Engineering Services Sand Dollar Pump Station Paving & Landscaping Project No. 8536 Addendum No. 2 Subject: Comments: This fax transmission includes the signed and sealed Addendum No. 2 from LNV Engineering for the above named project. _ .rpus of Christi ADDENDUM NO. 2 [ April 29, 2005 TO: ALL PROSPECTIVE BIDDERS SUBJECT: Sand Dollar Pump Station Paving & Landscaping Project No. 8536 Prospective bidders are hereby notified of the following modifications to the contract documents. I-hese modifications shall become a part of the contract documents~ All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. I. DRAWINGS A. SHEET 2 OF 7 GENERAL NOTES AND LEGEND - PROJECT GENERAL NOTES DELETE: 17. Cement application rate shall be 5% of treated base. ADD: 17A, Cement application rate shall be 11% of treated base. B.SHEET 3 OF 7 PROPOSED PARKING LOT- NOTES DELETE: Note 7 in its entirety ADD: 7A. Erosion Control shall consisls of a 4" thick concrete pad. Reinforcement shall consist of #4 rebar, 12" on center each way. Proposed concrete shall conform to Standard Specification 030020 Portland Cement Concrete and Standard Soeciflcatlon 0320020 Relnfominq Steel. C. SHEET 3 OF 7 PROPOSED PARKING LOT ADD: DETAIL lA PROPOSED GATE LAYOUT. SEE A'I-fACHMENT NO. 1. D. SHEET4 OF 7 DETAILS- DETAIL 7 CLARIFICATION: 6" OF INSITU MATERIAL TREATED WITH 11% CEMENT IN LIEU OF 5% CEMENT. E. SHEET5 OF 7 DETAILS- LANDSCAPE NOTES ADD: 18. Contractor will be required to maintain landscapinq improvements until prelect acceptance. ADD: '19. Landscapinq and irriqation in the area of the proposed concrete qate foundation to be adjusted in the field under the direction el~ the Landscape Architect. ADDENDUM NO. 2 I Page 1 of 2 F. SHEET 7 OF 7 DETAILS - DETAIL ;2 - DOUBLE SWING GATE DELETE: Detail 2 - Double Swing Gate in its entirety. ADD: GATE DETAILS - SEE A'I-I'ACHMENT NO. 2 II. PART A - SPECIAL PROVISIONS A. PARAGRAPH A-47 PRE-CONSTRUCTION EXPLORATORY EXCAVATIONS DELETE: First sentence in the 6m paraqraph in its entirety- Expioralory excavations shall be considered subsidiarv to appropriate bid item. ADD: Exploratory excavations shall be paid I'or as a lump sum as shown in the bid I~roposal, in lieu thereof. IlL PROPOSAL / DISCLOSURE STATEMENT DELETE: Proposal / Disclosure SIalement in its entirety. ADD: REVISED PROPOSAL / DISCLOSURE STATEMENT. SEE ATTACHMENT NO. 3 Please acknowledge receipt o[' this addendum in the appropriate place in your PROPOSAL FORM. EN[' O_P ~DDENDUM NO. 2 Marcus J. Naiser, P.E Attechment No. I Proposed Gate Layout Attachment No. 2 Gate Details Attachment No. 3 Revised Proposal / Disclosure Statement Page Pages Pages ADDENDUM NO. 2 I Page 2 of 2 BoxELECTRIC JUNCTIONh, (4-) CONDUIT s~uB uP I p?OP'/IO'LF OF II PVC CONDU. ITh 1 O RROP CONC BASE · FOR CARD READER' (CARD READER TO. JPROP CONCRETE FOUNDATION, 2, ~SEE ADDENDUM 2, A~q'ACHMENT ~./: JSHEET 2 OF 2 1 5'j -- F~ PROPOSED SLIDE CATE - ADDENDUM A%fACN MEKrT 2 )UCT BANK PROP 56 LF OF N~ (~) ~" Pvc coN,un BE INSTALLED BY · ..:,..,: "::~:i 1" PVC OTHERS/ ...... · :'.n:"~,, CONDUITS !, ':?'' "7'. '~ _.'-~ 15,0,~' FENCE POST LOCATION TO BE I ADdUSTED TO AVOID WATERLINES NOTE: PROP 55 LF · 1" PVC CONDUIT LANDSCAPING AND IRRIGATION. IN THE AREA OF PROP CONCREq-E GATE FOUNDATION, TO BE ADJUSTED IN THE FIELD AT THE DIRECTION OF THE LANDSCAPE ARCHITECT. CONC BASE FOR CARD READER (CARD TO BE INSTALLED BY OTHERS) g ~-"~PROPOSED GATE LAYOUT SHAT 1 o,' 1 R£CORI) DR~WlNC, WO. ~.~ SCALE: 1" = 10' ATrACHMENT 1 PAGE 1 OF 1 crrr r'CUETAL 30RP CRITICAJ. DIMENSION CHART ~w~N TYMETA~ C0M 4 ~ ELEVATION ~S Vi~p A CL~R 0P~NI~ 1 ~ ~ ELEVA TION E1,~92B-C01 ~ BOTTOM GUIDE ASSEMBLY I1,1 ~ z Z-r~: 0 r~C3 z ~E~ 1 of 2 I WTR ,~56 c.,rr ~xcr !~556_ · ~'~¥x~x;~x~ i ~ ~ SIDE VI~ L FRONT VlEH/ (~ CONCRETE BASE FOR CARD RF-ADER w/ (~) ~ ,~ ~ WI ~ (~A TE FOUNDATION ELEVATION ADDENDUM 2 ATrACHMENT 2 PAGE 2 OF 2 Z :Z)z S~[Er 2 or 2 I WTR J55 PROPOSAL F O R FORM SaAVJ DOLLAR PUMP STATION PAVING & LANDSCAPING PROJECT NO. 8536 DEPARTMENT OF ENGINEERING SERVICES CITY ON COPPUS CHRISTI, TEXAS PROPOSAL FOBI~ PAGE 1 OF 7 Addendum No. 2 H Attachment No. 3 Page 1 of 7 PROPOSAL Place: Date: OR ~ a Corporation organized and existing under the laws of the State of a Partnership or Individual doing business as City of Corpus Christi, Texas The undersigned hereby proposes to furnish all labor and ~ :~ ~ a s !/els, ~ud Aeses,!ary eq~.:ipment, ~nd to perform the work {equi red for: SAND DOI.IakR PUM~ STATION PAVING & LANDSCAPING PROJECT NO_ 8536 locations set out by the plans and specifications and in strict the 2entract documents for the following prices, to-wit: PROPOSAL FORM PAGE 2 OF 7 Addendum No. 2 I Attachment No- 3 Page 2 of 7 SAi~ DOLl=AR PU~ STATION PAVING & LANDSCAPING Project No. 8536 BASE BID I BID ITEM II III IV QTY & UNIT PRICE UNIT DESCRIPTION IN FIGL~S 2" Hb~CP {Type-D) complete in 1,049 SY ' $ place per square yard. ~11% C~ment Treat ~6" of insitu 1,049 SY base material, complete in place per scLuare yard V BID ITEl4 EXTENSION (QTY X UNIT PRICE IN FIGURES) 111 LF Retaining Wall, complete tn place per linear foot. 15 EA Bollards, complete in place per each. $ 15 CY Flowable Backfill, complete in place per cubic ~ard. 115 LF Concrete Valley Gutter, complete in place per linear foot Area Drain with Grate Inlets, 1 EA complete in place per each. 12" C-900 PVC DR 18, corn} leto 160 LF place per linear foot. Earthen Swale, complete ~' 159 LF per linear loot. [ Remove and Replace Concrete Door : i,~ i 2 EA Landing, complete in place per ~ each . place 4 EA complete in place per each complete in place per l~Nm~ sum. ]~ 1 LS ~ / I LS Brush Trimming, ~omplete place per lump sum. 8' Aluminum Fenco, complele place per lump sum. ~vz~ PROPOSAL FORM A~dendum No. 2 I Attachment No. 3 Page 3 of 7 1 LS 66 LF 56 LF Cantilever Sliding Gate, foundation, conduit for future automation and accessories, complete in place per lump sum. Remove existing chain link fence, oomplete in place per linear foot. Replace existing chain link fence, complete ,n place per linear foot. Entrance Sign, 1 LS per ~ump sum. complete ~n place 1 LS Landscaping, per ~,mnp sum. complete in place 1 LS Irrigation, complete in place per ~um~ sum. 5O LF Silt Fence, complete in place per linear foot 2 ~ I 90 LF pad with #4 rebar 12" o.c.e.w., complete in place per s~uare foot. Temporary Security Fence (6' high 2haJn ]ink, complete in place per linear foot. ] LS 25 1 LS Non-Destructive Exploratory Excavation, complete in place per lump sum. TOTAL BASE BID (ITEMS 1 THRU 25): $ PROPOSAL FORM PAGE 4 OF 7 Addendum No. 2 H Attachment No. 3 Page 4 of 7 '~he unders,gned hereby deelares ~hat he has visited the site and has carefully e×ami ~ed the plans, specifications and contract documents relating to the work ~ov~r, d by his bid ~ u bids, that he agrees t¢ do the work, and that no ~e~re~entations made by the City are ~n any sense a warranty but are mere es~,mates for ~he guidance o~ t~e Contractor. Upon notifkcation of award of contract, we will within ten {10) ~?endar days execute the formal contract and will deliver a Performance Bond (as eqn ~ed/ for the faithful performance of this contract and a Payment Bond (as ~equiueO) to insure payment {or all labor and materials_ The bid bond attached lo ~h s proposal, in the amount of 5% of the highest amount bid, is to become the property of the City cf Corpus Christi %n the event the contract and bonds are no{ executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. biinority/biinor~ty Business Enterprise Participation: The apparent low bicdeu shall, within five days of receipt of b~ds, submit to the City Engineer, ~n writing, the names and addresses of MBE firms participating in the contract ano 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 ~ 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary ~o~ls and apparatus, do all the work and furnish all materials and do everything }equired to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining lhere~o, for the sum er sums above set forth_ Receipt of the following addenda is acknowledged addenda number): ~SEAL - IF BIDDER IS a Corporation) Respectfully submitted Name: By: (SI~NATUB~ Address: (P.O. Box) (Street) (City) (Stat~7 (Zip) Telephone: NOTE: Do not detach bid from other papers Fill %n with ink and submit complete with attached papers. (Revised August 2000) ~d~V!SE~ PROPOSAL FORM PAGE 5 OF ~ Addendum No. 2 t Attac~ent No. 3 Page 5 of 7 ~' ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chdsti Ordinance 17112, as amendedT requires all persons or 15rms seeking to do business with [he City to provide the following information Every question must be answered If [he question is not applicable, answerwith "NA". FIRM NAME: STREET:_ CITY: ZIP; '~tRM is 1 Corporation 2 Partnership 3 Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm'. Name Job Title and City Department (if known) 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". ~4ame Title State the names of each "board member' of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership in the above named 'firm". Name Board, Commission or Committee State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named 'firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly with held disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Cerhfying Person: Signature of Certi~in9 Person: (Type or Print) Date: Ti[le: Addendum No. 2 H Attachment No 3 Pmge 6 of 7 a d DEFINITIONS 'Board Member" A member of any board, commission or committee appointed by the City Council of the City '~orpus Christi, Texas 'Employee' Any person employed by the City of Corpus Chdsti, Texas, either on a full or part time basis, but not as 3n, ':16 }endent contractor. Any entity operated for economic gain, whether professional, industrial or commercial and whether '~:, 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. Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, ~)epartment and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. ,¢, .e ¢;p Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when ~ uch il~[e~est is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or conlzol established through voting trusts, proxies or special terms of venture or partnership agreements. Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Chdsti for the purpose of professional consultation and recommendation Addendu~ No_ 2 I Attachment No. 3 Page 7 of 7 Fax Transmission Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax: 880-350l To: ALL PLAN HOLDERS From: ~ngelR Escobar, P..E.~~,~--2 ', ,irector of Engineenr~ Services Date: April 22, 2005 Pages: 2 (including fax sheet) Subject: Sand Dollar Pump Station Paving & Landscaping Project No. 8536 Addendum No. I umments: This fax transmission contains the signed, sealed Addendum No. 1 from LNV Engineering for the above named project. The addendum moves the bid opening date from April 27, 2005 to May 4, 2005 to allow for the inclusion of an electronically operated gate opener and related detail. ADDENDUM NO. April 22, 2005 TO: ALL PROSPECTIVE BIDDERS SUBJECT: Sand Dollar Pump Station Paving & Landscaping Project No. 8536 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a pad of the contract documents All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. I. PART A- SPECIAL PROVISIONS A. PARAGRAPH A-l, TIME AND PLACE OF RECEIVING PROPOSALS / PRE- BID MEETING AND NOTICE TO BIDDERS. Prospective Bidders are hereby advised that the scheduled Bid Opening date has been postponed from Wednesday, April 27, 2005 at 2:00 P.M., To Wednesday, May 4, 2005 at 2:00 P.M. Location and time of bidding shall remain unchanged. Please acknowledge receipt of this addendum in the appropriate place in your PROPOSAL FORM, END OF ADDENDUM NO. I Marcus Naiser, P,E. LNV Engineerin9 t ADDENDUM NO. 1 1 P~elofl SPECIAL PROVISIONS SPECIFICATIONS AND F O R H S O F C O N T RA C T S A N D B O N D S FOR SAND DOLLAR PUMP STATION PAVING & LANDSCAPING LNV ENGINEERING Consulting Engineers 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Phone: 361-883-1984 Fax: 361-883-1986 FOR NO: 8536 N :': WTR 356 CiTY OF CORPUS CHRISTI, TEXAS Phone: 361 880-3500 Fax: 361-880-3501 SAND DOLLA~ PL~I~ STATION PAVING & LANDSCAPING T~ble of Contents NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A insurance Requirement s NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For Building or Construction Projects For Government Entit 2es PART A - SPECIAL PROVISIONS Flme and Place ol Receiving Proposals/Pre-Bid Meeting Oefin~tions and Abbreviatiens r/escrl~tion of Prnject Method of Award/Rxplsaatlon of Bid Items Items to be Submitted with Proposal Time of Completion/Liquidated Damages %',otkeis Compensation Insurance Coverage :axed Proposals ~ckr~ow[edgmen[t o~ Addenda Wage Rates {~oope~ation with Public Agencies Ntaintenance o{ Serv~nes A~--Pl---A~re~-~less ~a~nrF~aff~-~o~trel NOT USED A ld Constructton Equi}nnent [{pil [age and Tracking A ]' Excavation and Removals n 1~ E~sposaJ/Salvage ~ f MaLe~-Jals ~-~--~~ NOT USED A 1~ Schedule ,md Sequence of Constru~'tion A 1~ CnnstrectJon Staking A 20 Testing and Certitication ~ 21 ~~~ NOT USED A 22 Ninon;fy/Minority Bush'ii'ss Enterprise Participation Policy (Revised 10/98) ~ ~~ ~M NOT USED A 24 S::rety Bonds ~'~s Tax ~xe~n NOT USED A 26 Suppkemen%al -insurance Requirements a~~~~n ~:~ NOT USED A 28 Considerations for Coa~ uact Award and Execution A 29 Contractor's Fiekd Adminis[ ration S~aff A 30 ~nended "Considers[inn of Contract" Requirements A 31 ~uended Policy on Exkra Work and Change Orders A 32 ~nended "Execuiion of Corlt ~ach" Requizements A }3 Conditions of Werk ~~ ~a~tilL~{es f}~~~ NOT USED A ~6 Other Submittals ~-.~- ~~emer~ and ~ for .~~}- the ~ NOT USED Page 1 of 2 6, }vernment Entities A--%e-6'ertifiuote of Oc<upanb}--and Fin~l-Ac~eptanc~ A 415 '~}i kei's Compensal ion Coverage fer Bui lding or Construction Projects for NOT USED AmencLment to Section B 8 6; Partial Estimates (}zone Advisory CSHA Pules & Regnlat~ons ~z~ended Indemni fication & Hold Harmless (9/98, Change Orders (4/26/99) ~s Built Dimensi©ns and Drawings Disposal of lligh]¥ Chlorinated Water {7/5/00) Pre Construction Exploratory Excavat{ons Qverhead Electrical Wires Amended "Maintenance GuaranEy" (8/24/00) NOT USED (7/5/00) PART B GENERAL PROVISIONS PA~T C FEDEBAL WAGE RATES A/ND REQUIREMENTS PART S - Sect2on 021020 Secl ion 022022 Sec{~on 022420 '-'oct Ion 025404 '.ecl ion 025412 S~ct aon 026202 S{c~ on 026210 S~c~ {on 026402 Snot Ion 026409 S(~Cl ~on 026411 Sec[ ion 030020 S~C~ ~on 032020 S(C{ ~on 03~000 STANDARDS SPECIFICATIONS Site Clearing & Stripping (S 5) Trench Safety for Excava[ions Silt Fence (S 97) Asphalts, Oils & Emulsions (S 29) Prime Coat (S 30) Hydrostatic Testing of P~essure System Polyv{nyl Chloride Pipe (S 83) Water P~pe (S 88) Tapping Sleeves and Tappi ng Valves Gate Valves for Water Lines (S 85) Portland Cement Concrete(S 40) Reinforcing Steel (S 42) Concrete Structures (S 4l) (s 89) 84) PA~T T Sect ion Secl ion TECHNICAL SPECIFICATIONS 002200 Hot Mix Asphaltic Concrnte Pavemeni 0]0000 Portland Cement Treated Materials iRoad Mixed) 022020 E×cava[ fon and Backfill for Utilities and Sewers 028061 Landscaping 028100 Irriga~ £on Systems PART W - DRAWINGS 1 Cover Sheet and Location Map General Notes and I,egend Proposed Parking Lot 4 Details 6 I}uigatien Plan 7 Landscape & Irrigation Details NOTICE AGP. E EMENT PROPOSAL/DISCLOSURE STATEMENT PERFORI~CE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Se,~led proposals, addressed to the City of Corpus Christi, Texas for: S_AND DOt,T.~R PUMP STATION PAVING & LANDSCAPING consists of grading ~J ] t>aving for the proposed parking lot (1,050 SY HMAC on cement- ~ 41 ed base) at tile Sand Dollar Pump Station. This project also ~n, ludes installing 1il ]ineaz feet of concrete retaining wall, ~nqtallat]on of flov~able backfill, bol]a~ds, concrete valley gutter, ~! ' PVC, erosion control, 8' ~luminum ~ence and gate, and [ ~mdscaping and ~rrigation in accordan~ e with the plans, p,u i fications, and ,?ontract do~urnen! s; l:i~:s will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, April 27, 2005 and then publicly opened and read. Any bid received after closing time will be returned unopened. A [.re-bid meeting is scheduled for Tuesday, April 19, 2005 beginning at 3:00 pm. The pre-bid meeting will convene at the Engineering Services Main Conference Room, 3rd Floor, City Hall, 1~0! Leopard Street. The pre-bid meeting will be condacted by the City, and will not include a site visit. bond in the amount of 5% oL the highest amount bid must m~any each proposal. Fai]ure to provide the bid bond will ~te a non-responsive proposal whieh will not be considered. to provide required performance and payment bonds for u~cts over $25,000.00 wJl] result in forfeiture of the 5% bid o the City as liquidated damages. Bidder's plan deposit is to mandatory fozfeiture to the City if bidding documents are returned to the City within ~wo weeks of receipt of bids. :~, proposal forms, specificat ion?. and cent tact documents may be l:ed from the Cily Engineer upon a deposit of Fifty and no/100 }i.tz:~ ($50.00) as a guazantee of their return in good condition w~i htn two weeks of bid date. Documents can be obtained by mail upo~ ~eceipt of an ~dditiona] ($10.00) which is a non-refundable [ ~st,~ge/handling charqe. l'he b}dder is hereb~ notiffed that the owner has ascertained the w,~ge rates which prevail in ~he locality in which this work is to be ~ q~ and that such wage scale is set out in the contract documents ~b~ a~nable ~t the office of ~ho City Enginee~ a~d the Contractor flh~[{ pay not less than the wage ra[e~{ so shown for each craft or ~ :qx~ ~f "laborer," "workman," o~ "mechanic" employed on this The c:il y reserves the ~]ght to rejec~ any o~ all bids, to waive ~ ~egularities and to accept lhe bid ~hich, iu the City's opinion, ~;eem:; most advantageous to ~he City and in the best interest of the pub] CITY OF CORPUS ,iHRISTI, TEXAS /s, Angel 9_ Escobar, P.E. Direclor of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - INSURANCE REQUIREMENTS A Revised September, 2000 A Certificate of Insuram;e indicating proof of in the following amounts is required: TYPE OF INSLFPJMNCE MINIMUM INSURA/~CE COVERAGE ]0 Day Notzce of Cancellation required on Bodily Injury and Property Damage all certificates coverage ~ mi,,q, iai Gene~a]. Nabi~ £~y ih, ]l.]c]jngr AOTOHOB I LEi I,IA8I L IT f OWN[-]D :;2,000, 000 ,i',>MBINED SINGLE LIMIT $1,000,000 C(,HBINED SINGLE LIMIT 5, J,O00,O00 COHBINED SINGLE LIMIT $2,000, 0O0 (2()?-IBINED SINGLE LIMI'I' REQU I REb ~X NOT REQUIRE[) See Secticx B-6 11 and Supplemental RE()tJ i RED X 140T I/F;QU I BE[) ;,!e Sectio~i ~ 6 1i and Supplemental RF ~.2U I EEl) NO']' REQU ] RFiB Page 1 of 2 (?!he Czty of Corpus Christi must be named as an additional insured on all ~ re, ages e×cept worker's compensation liability coverage. name of the project mus~ be ]isted 1]nder "description of operations" certificate of in~urance. ei or each insurance co.,eraqe, the Contractor sha[] obtain an endorsement to the c*pplicable insurance policy, ~lgned by the inspirer, providing the City ~lh ~hirty (~0) days prior ~itten noti(~e of cancellation of or material (h ~nqe on any coverage. The ( ontractor shall provide to the City the other e~ lei sements to ~nsura~ce policies or coverages which are specified in section ~ i~ 1 <ir Special Provision~ section of the contract. A ~ ompleted "D~sclosure of Interest" musl be submitted with your proposal Should you have any questions regarding insurance requirements, please contact the Contract Administrator at Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES 'Jexas law requires that most contractors, subcontractors, and hors providing wo]k or sezwices for a City building or construction ~ eot must be covered by worker's compensation insurance, authorized : - ~nsurar~ce, or an approved worker's compensation coverage aqreement. Even if Texas ]aw does not require a contractor, subcontractor or others performing project services (including deliveries' ~o the job s~te) to provide 1 of the 3 forms of worker's compensation coverage, the City will ~equire such coverage for all individuals providing work or services on this Project at any t~me, including during the mw~tenance guaranty period. Motor carriers which are requi~ed to ,~ ~ ~ ~ with the Texas Department of Transportation nnder Texas Civil ~u:,~s Article 6675c, and which provide accidental insurance !e under Texas Civil Statutes Article 6675c, Section 4(j) need not provide · of the 3 forms of worker's compensation coverage. '/'he Contractor agrees to comply with ail applicable provisions of Texas Administrative Code Title 28, Section 110 110, a copy of which , ~'i >ched snd deemed incorporated ~nto the project contract. Please ~ i~t under section llO.110: certain language must be included in the Contractor's Contract with the City and the Cnntractor's contracts with subcontractors and others providing services for the Project; 2 the Contractor is required to submit to th~ City certificates of coverage for its employees and fbr all su]0cont~act~us and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the project~ and the Contractor is required to post the required no~ice at the job site. !iy :3~gning this Contract, the Contractor certifies that it will timely '?f~ ' ,'ith these Notice to Contractors "B" requirements_ 8/7/98 II_ TE_'C-k$ ~t ORKEI(5' (7OMPENS.kI'ION COMMISSION Chapter 110. KEOU[P-LED NOTICES OF COYTtCkGE 5nbchapter B. EblPLOb~TR _NOTICES § Ii0. I10 Reporrinz Reauirrmenc5 for l~uilding or ConsrFzc:ion Projects for Governmental Entities (a) The t-olloVang words Ltd :~_'TnX, V. hen used in fi-ds rule sk'.4i kzs-e th: follovdng meanings, unJes,1 the context c!e~ly mc~cz ........ anse ' - ' -~< ~---o'-, To.Tn5 nor c:ennez :2 2"_'s rzie skzLi have the mexninu definer the Te.,ca~ Labor Code, 4'- ~ a '- - , .... 2c~_,-- copy cfa ce:'.ifica:: ~;'-~ ...... ceakficate efau~ori~ [o 5eii--inbuze issueO b,' Uno c7,--~rmsztor~ cF t workezs c:~maep~adon cox era~re a~areement (TWCC-$1, TWCC-82, TbVCC 85, or i%VCC-S4), siaowmg ~'~.tutory worKeb5 czmaensafion imurance coverag? for the pcrson': or enUrYs c .rn.-~iove:s (bciudLng those sub)c< :z 3 covera_e am-eemen0 providing services on a project, :L'r L~,e duration or-the project (2) Building or caaxw, z~:r.~ -~ d-,e memm_~._o de:~Lqed in thc Texas Labor Code, § 406.096(e)(1). (3) Conrrac:or- A person 5d~.'~u For or awarded a buL!din~_ or Ec~:'z:~m~ion project by a govemmenrt (4) Coverage-Workers' c.zrnDeasauon ins~r,~qce mooring the statutory ream.foments of the Texa~ L.abor Code, ~ 401 (5) Covera=e zm-e:z~:zt-A-,twine_':, z~ee..~.enr on form FWCC-gl, forte 2%VCC-82, form TW'CC-$-~ ! or form ln;VCC-84, tided vdzh Lbo Te.'cz5 Workers' Comoe:zs. adon Commission which establishes a relafiormhip between the parties For purposes of the Texaz Workers' Compensation Ack pursuant to the Texa_s Labor Code, Chanter 406, Subchamer~ F and G, a~ one c£employer/employee and establishes who will be r~poaz~le for prov/ding workers' compervzadon c.~verage for per~oas providing serric~s On the projez:~. (6) Duration o£the projecr-'ncludes '&,e me Rom the b%msu-z,,g or'work on the project until the work on the proje7 kz5 beer' comuie:e5 -,~nd ~cceored by the =ove.,-r_menral entity. (7) Persons FromdJng sepnc:s on the project t"}ubcontractor" Lz } ,406.096 o£the Act)-With the exception of oersom exzludsd under subsecuoas (h) and (i) of this secuork includes al/persorm or entrees pe~orrran~ all or em* of the serMces tile crontractor has undertaken to perform on the projec: regardless o£whe~her rnz~ re:son contracted dkectlv w~th the contractor and regardless of whether that person ha employees. T-ds includes but is not IbnJted to indeaendent contra~oPs, $ubconr_,-ac-tors: I,~a~ing comva-mes,'motor cz_uSers, o',¥ner-o~erators, employees of any such entity, or employees of any entity f~mish.ing persons :o pe~orm se.~ces on the proje~. "5e.wices" includes but is not limirec_ :~o'rlcr 'to cou'r]a.ttcro'as - :~ ht~n:t/,.v,wo., scs stare t7 uw'~ac/2S/II/I i0/B/110 I 10 htrni r~ ~ ot ~ ('0) Pro~'iciing or causing_ to ;e Drovided a cermSca:e of coverage ?ursu~nt to :~s role is a reuresenragcn by ~e L~:: ~ar ~ empioyees cf the ~ured who a~e pro~Sding se~c~ on ~e proje~ &-e coverer by worke:s' comoe~auon covera~e, uha~ ~e coverage is b~ed on proper ~epo~[ o~c[~s~cafion co~cs ~d pavofl ~oums, ~nd ~at ~ coverage a~eemenrs ~ve been '~m~ ~e aoero~fia~e ~ur~ce ~er or. ~ ~e ~e of a se~-~ed, ~Srh ~he co~ssion's Di~sion ~(Sek~L~sur~nc: Re~iafier_ Pro~dmg fMse or ~si~d~ ce~tes ofcovegage, or fMHng to proMsioa of~venge may rabje~ ~e ~n~or or o~ pemoa proGd~ se~ccs on ~e prQ~ to ad~ms~dve penMdes, cS~M penMdes, ci~ pezMdes or o~er ci',~ action. (c) A 2ove..'~'z~:ntal entiw C-.zr enters ~to a bmidL".~ or con.s'a-uc-2cn concrx~ on a projem s,hMI: (t) inciode in the bid soe:iEcz-&ms, -21 the provisions or-p~am~_?h (7) of this subsecnorL using the !anguage reccm-ed by para~a?d (7) or~dus subsecnor~ (2) a5 uaz~ or'the contract, using ~he l~nguage requi,-ed by paza_m~aph (7) of th/s subsccdZork require ~e conLr~.ar ~o go.arm as reeuised in subsection (d) of chis section; (3) obtain ftc,n, the contrac, cra cerrLficate o£coverv_Ke for each person poor/ding services oa the proje~, prior ro char po:son b%mnnmg work on the pro.ioof; (4) obrzin fi'em the contrz~or a new certificate of coverage showing e~e.~ion of coverage: (A) before res end of-the can=erie coverage period, i/- che conrra~oFs current ce.wafic-a~c o£covcrage shows that ~he coverage pe~od ends during the dmauon ofbhe Froie~; and 03) no inter t?~zn seven days a_Ser the exTh~fion or-the core.ge for e2ch other person orommng services oa the project whose curt'erie cerufioate shows that the coverage period ends during the duradoi of the project; (5) re:Mn ce:~,,Scates ot-covcra~e on file t-or [he dLLr-ation o£Lhe proie-ct :md for three yezrS thereMter. (6) provide a copy of the cc:-aScates or-coverage to the comrmssion upon reques~ and to any person enutled to them by law; and (7) use the language contained in the following Fi_m~re i /or bid sr~eci~cadons and controls, without any addifionzi words or ch~ges, excco[ those require6 to accommocix~e the s~ecific document in welch the)' a.~ contained or ro impose stutter standards afdocumentadon: T28SI lo l lOre)(7) hrrp//~,.~.~.~ sos stare tx us./tac-*23/T~l 1 O/B/1 l0 I I0 hT,m.I 8~7/98 ) provide coveraz.- :-ct i~ em~:c,e"~ erovmmg se_'~ces ena projecL ::r-Z:: duration of the proje< provide a certificate o£coveFes: :Lowing workers' c~mucnsation covcrzce :o fine goverrtrnentzl prior ~o be~mr~L:~ wor~c on ) provide the govem, zncm'~! ch?,' ;::~or to fine end or'the coverage pc.dod, z new certLficaze of :3,,'erase shounnz e.'cteasion or- ce'.'e:z:--, ~the coverage perSod shown on ';-~ contractor's current ::rfifica~c clearerase_ e..~s0tuw..._- ' · ,- .... ..~ duration ~f~he projc~: , :) obtaSn from each person providLng se.w/res on a project, and orov/de to tSe eovemmemM entity: ~k) a cc,~care of coverage, prior to ~zt ~erson be~innJnt, woric on fine Frojec'~., so the govern.mental e:~my v.4,i have on file c~.m~Scztes c;[nveraee show'mz coverage for MI pe:se:'~s providing ser-',4ces o,' ~ e projc~; and , :~) no later tnan seven days ~Se: ::zeim by the contractor, a new cert~Sca:e c£coverage showing ertension o£coverage, ~fine cove.~<e :er-led shown on the current cermS, ca:e cf coverage ends durin._ :~,e duration o£fine projec:; (5) retain ~i! re,un-ed c::~&ficates of cvvcrage on file for the cv~afion or-the prejec~ and for one year rherea_r5 c~ (6) notify the govcrmmcn:~ entire La ,a-ntmg by certified maii or personal dc~ve.'-y, w/thin ten days the courter'rot Icuew or should have k_qowrk of any change tkat maxenallv a~.ecu the proC. sion of covcraee of any person providLn~ se:-.qces on thc project; (7) post a notice on each :roie~ s::e mzormmz MI oersons ~rov/dine services on th project that they ,~-e rearm-cd to be coyote& z_nd 5-,2_.v~g .~ow a person may veri~ current cove:age v_nd report fa/lure tc provide coverage. Tkis notice does not satisfy other posting requirements ir~.?osed by the Act or othm commission roles. Th/x notice must be printed w'kh a dale in at leaxt 30 point bold type and texz in at least 19 point norrnzl type, and slnadI be m both Engl/sh end Spanish ~nd any other Iznguage common to the worker population_ The te.rt for thc notices shMI be the following rex:. provided by the co~m~/ssion on ~c xample notice, '.:Afinour '~_ny addifionM words or change~: KEQUI~FD WO~' COMPE%SA17ON COVEaR_&GE "The law reqmres that erich person working on th/s site or prov/ding services re!ated to th. J5 con.stint, ion project muzr ~e covered by workers' compensation insm-ance. T.-_-'s includes persons 3rov/ding, hauling, or debvenng equicment or materials, or pro',4ding l~or cr transportation or other 5e,'Mc~ feinted to the pro!ecL regardless or-thc idendrv of their employer or s~ams ax an employee." Coal [he Texas Workers Compensation Comrrussion at 512~40-3789 to ~e::ive irfformadon on the iegat reou~ement for c. overage, to veriO whether your employer hex promded the required coverage, .~r ~o report im employer s f~lure ro promcie coverage" .orxcs _-: comrv..tc-ro~s - ~ ? x D //,.v,.t~,~ ~os stare rx us:~ac/2g/IIJl 10/xa/1 l0 110 htrrfl ~t~,,~=~,~· 1/13/98}~, ? 8/7/98 ~'3) pro'c~de a c~:u~ ........ e .... ?.e co?.:73~or DF1OI [& 2_zzr DeFso:l Ue~lJ~."2_~ ',voFic on Lhe (C) i~ciude :n '~1 ccr. t'zcz :: 7io',nde se:-,~zes co: iine projet< ::tn i:q_~'dane in subsec-=cn (e)(3) oft[us ,D) pro,fide .he c.o-u~c:a:. :nor :o :nc eno c[22:: coverage 2es:cd_ aoew ce.qificz:: cf coverage showin~ ex~er~{on of coverage. ~-the core.ge period shov.,n cn the c~enr ce.~,ifica:e of coverage ends durnng the duraucn c:-uhe ~roic~: IE) obtain fi-om each crh:r rs:soo-,~d~h ',~ horn :2 conr~c:s, m'~d c:c,.qde '~o the cna:eec:or: {0 a ca.~i':'care o£co',c;?.Ec, s::o~ 7o 2ne o:~.c: 2 e:son bemrm ns .xork on the orojec:: :_nd (~;) pnor to the end or' :he z?ve:~5: period, a =ow ce:xnhca:°., of coverage shoO'nog e:o_:rzion of the covera£e pe5oc[, ir'Ge ........ d _ c ..... =e ?eno si~:own on the tureen: ee.~_~cate o£ coverage ends during dm-at/on or- the ?roje~; (F) re'22n aJi reouL~s5 crz:f=a:es o£coverzge on ~e for the d,zradon or-the proje~ .~-__o. for one ye~ (G) hOmO the govemme:=:~ enury tn writing e)' certified m~i or personal de[iveo', x~Ethin ten days after tine person knew or should have k~cw'n, o£anv chan~e tear maten'D.!v afi-ecrs 2~,e urovision of coverage of any pe.~on aro;ndin~ se.~Eces en the projec~4 ~d (H-) conu~cmally reCU~e ~cn other ue,'~on wnth whom ir c-~ntra~s, ~o oerform~s ferrari.red by subparz~m~ph~ (A)-(H) o/d-tis paJv~p~_ -~ the certificara ofcove~_oc te be pro'dried to the person for whom they are pro¼disg servicas (e) A person providing 5e,'w'icex on a project, other ~an a content, or, shzl/: (I) provide coverage for irs e.mDlovets providing services on a 2roject for the duration of the project based on proper reaomn2 or-close.cation codes a.nd payroii .-mounts ~nd firing of a.ny coverage agreements; (2) prowde a certificate or'coverage ~s required by its contrac: :o vrov]de se~v/ces ca ~e proje~, prior to be_running work cn the project: (3) have the folloWmr' lzn~age in in contract to provide sepaces on O.e project: "By signing d-ds coatrz~ or pro~idin~or causi~ng to be provided a certificate cf coverage, the person signing, ti'tis conrra~ is representing to the govem_mem~l entity that ail employees of the person si_m~ing this c~nrrac: who will provide se:Mces on the oroj~t will be covere~ by workers' compenSation coverage (4} provide ~he person £or whom tr is pro¼ning se~wsces on the ?rojec~ prior to the end oft.he coverage period shown on ~u current cee:eSe, are of coverage, ~ .new ce.'~uS, cate showing exreasion or- coverage, ia-Lhe coverage peened sho'~,m on the cenLficate 0£ c~'~'erage ends during the dm-orlon of the {5] obtam ~om eaca :erson pro'cdmg featured by its (A) a ~.,-dfic.x~e o£ coverage, Fdor to Lhe other perSon beonn.mg work on the proje~; and CB) prior to the end of~e coverage pe:ioci, a new ce~'~Sc_~:e of coverage show~g exxension of the ¢.overzge period, il'the core.se period show-n on the waxen: ce,rodeo:= o£coverzge ends dung the 5u~_uon or-thc proje~:~4 (6) re:~ afl reouLred ccrli~ca:~: Oi-Uox erige on ~e /or :i;e durauon o£Lhe proje~ ~nd for one year Lherc2ie.5 (7) nod.r~' the goverr~.-nenral enu0' in wrirLng by cerUJSed mall or personaJ deSvery, of a. my change that materi~v alYec-~ the promsion o£coverage o£a~y person orowciJng se:-vice~ on the project ;md '~end the notice with.m ten days a_,Ser L'k person k~new or should have }(nown of the chxnge; and (8) conLr~cruliJy reculze cacil omer ?c~son with whom it comzac~s to: fA) provide coverage b~sed on proper reporting of cla.ss/ficadou cod~ and payroll amotmts and 'filing of any coverage a,_m-e:mcnts for all of its emplo)'e~ prov/di.ng se.w'ices on/he project, for the duration ~f the projecr; CB) provide a certificate or-coverage to it poor to dn2t other person b%mnn/~g work on the_umjec[ (C) include ~n all contracts to provide services on the project the lan_m~zge in paragr-aph (3) ofthR mbse_~uoa; (D) pro'nde, prior to the end of the coverage period, a new certificate o£coverage showing excer~ion of'the covera~se penoci, i.t- ~he coverage period shown on the current certificate of coverage ends during 2e duration ct-the proiec~ i15) obtain from each other person under c~ntracr ~o it to pro;'id~ services on the project, and prov/de ~ reomred by its connect (i) a cexificate of coverage, poor to the other person be~rmmg work on the projec:; z.nd (ti) poor [o doe end oF the coverage period, a new ccrr2ficaze oF coverage show/rig extension of the coverage period, it-the coverage period shown on the current ccniJScare of coverage end~ during the sos.state ,.'tx us/rad28/Tl/110/]3/110 110 htrrd .crrzc£ TO cour~u~c'ro~S - a 8/7/98 (F) re:am a:i ret:~Lre~ .-se:: -z.' '£ or .;,~'. erase cn nic for dsc duration c: :.=.e proie~ anti for one ye~ : her eart er~ O) nour~' rne 2overrhT. e:x:~ cna-'3.' m v,Tmnz u,~. ce.~c5 mad or acrscrm dehve~, ~ ten d~ys ~er rNe pc:son ~ew or should havc ~o~ of~¥ ch~e that maren~v ~e~ ~e pro~sJou of ::overa¢e of~y person pro~(dn~ scr',qc~s on ~e proje~; ~d ,Iq) con~-acrually requtre rxc_:: :srson wqth whom it contracts, to pc~c._~n, as reourred by ~s ,ubp~a~apb ~d mbpmm-zp~ (A)4G) of~s p~a~p~ ~m~ ~e cs:~te of coverage to be ~,ro~ided ro rte person for -;horn ~r'/a~e pro~Y~ng sephces. ~0 ~Y pro'sion orris ru~: or ;ts ~ppfi~tion ~o ~y person or c~c:~ceis held mv~ ~e in~&~ do~ not ~e~ ocher ~roMsiom or apph~uo~ of~ ~e ~t ~ be ~ven effe~ m~out ~he mv~d promsion or appfi~;iom m~d to ~s end ~,e proGsio~ OFL~S mie ~e dec!~ed to be sever~le. (~) FhJs ruie is appLioabie 5:r bu:ddLn~ o: corLsmUc~:on conu-a~s ad'.'e.~seci for bid by a governmental enUpf on or after S¢orember i, '994 R'is ruie is Moo app~cahie for mose bui.lci~,.g or construction : onL,-acts entered into on or a.frcr Semember !, 1994, wffich ~e nor reau~reci by law to be advertised :ar bid. (h) The coverage reaukemen: in this nde does nor apply ro motor c~.zr~,.ers who are required pursuant lo To×as Civil Statutes. ?,wricle 6675c, to re_msqcr with Lh¢ Tex:az De=uxmem of Transportation and who pro;dde accidental lrmurmce caverage purxua~t to Tex2~ Ci~L! SL--mres, .Article 6675c, § 40)_ (,/The coverage reouixcmen[ L.n this nde does not apply to sole ¢roprietors partners, and corporate ~Aficers who meet the reouirements of the Act, § 406.097(c), and who are expLicitly excluded Rom c ~verage in accor~nce with the Act, § 406 097(a) (as added by House Bill 1089, 74Lh Leg~slat'LLre, 1995, § I 20). TI~ mbsec-Jon z?piies o~fiy to sole pzoptieron, partners, ~.d corporate e×ecutiwe o~cers who are exclude~ I~om coverv_c_ze in ~n msu-~ance policy or ce.qSficz~e of'authority to se[t-imm_re L!~aX is deLiver~ ismed for deLivec,', or renewed on or after J'~-nuar,, 1. 1996 Source: The promsio~s of dss § I I0. 110 adopted to be eft'et-nye September I, 1994, 19 Tex_Keg 57'I 5; amended to be eft- ~e-~ve NovemSer 6, 1995, 20 TexReg 8609. Return to Section Index PART A - SPECIAL PROVISIONS SAND DOLI~kR PU~(P STATION PAVING & I~NDSCAPING SECTION A - SPECI;tL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting ]eaJ~d p~oposals will be received in conformity with the official advertisement ~nvl7 iF~g bids fo~ the prelect. Proposals will be received in the office of the City Secretary, located on the fi,st [loo~ of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, A~ril 27, 2005. P~oposa]s mailed should be addressed in the following City of Corpus ChristL City Secrela~y's O[i~ce 1201 Leopard Streot Corpns Christ~, Texas 78401 ATTN: BID PROPOSAl, SAND DOLLAR PUM~ STATION PAVING & LANDSCAPING A p}e-hid meeting is scheduled for Tuesday, April 19, 2005 b~inning at 3:00 p~_ The pre-bid meeting will convene at the Engineering Sera, ices Main Conference Ro~m, 3rd Floor, City Hall, 1201 Leopard Street. The pre-bid meeting will be conducted by the No ~t~ldiLiunal or ~eparate visit ~tions will [De conducted ~the City. A 2 Definitions and Abbreviations A 3 Description of Project SAND DOLLAR PUM~ STATIO~ PAVING & LANDSCAPING consists of grading and paving for the Dtop~ sed parking lot (1,050 SY HMAC on cement-treated base) at the Sand Dollar Pump '.~at~n. This prelect a]~!o nit;Irides installing 111 linear feet of concrete retaining w~,l!, installation of flnwable backfill, bol]ards, concrete valley gutter, 12" PVC, ~ J o:~ n~ control, 8' aluminum ~ence and qa~e, and landscaping and irrigation in A-4 Method of Award The Nids will be evaluated based en Total B~se Bid subjecl to availability of funds: '['be ~:itv reserves the right le ~eje~ I any or all bids, to waive irregularities and to a,:cet,t Ih,. bid which, in (he City's opinion, ~s most advantageous to the City and in A-5 Items to be Submitted with Proposal 'lhe toliowing items are rc~u~red ho be submitted with th~· proposal: b~;_Bid 8_ond (Must :efec(n<:e Sand Dollar Pu~ Station Paving & I~%ndacaping as ~ lel~tified in the Ploposall Section A SP (Revised 10/98) Page 1 of 20 A-6 Time of ComDletion/Lic~uidated Damaqes The wc:;king time for c{mple~ i/in of the Pr!/ject will be 60 calencLar dave. The Cent ~-a,~tor shall commence work withirl ten (]0) calendar days after receipt of written not,~:e from the Director of Engineering Services or designee ("City Engineer") to ~o~ e~ h calendar day th~n anv work remains incomplete after the time specified in he Contlact foe complet:ion of the work e~ after such time period as extended pursuant to other provisions of this Contract, ~ THOUSAND DOIJ~;~RS ($1000.00) per ~l~ndar day will be asg~essed against the Contractor a~ liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages !ha~ the City will sustain from delay in completion of the work, which damages by !heir nature are not eapa~ le of precise prool. The Director of Engineering Services (C]r]~ Engineer) may withhold and deduct from monies otherwise due the Contractor the lmo,~llt of liquidated damages due thc City. if %he Contractor's workers' compensation insurance coverage for its employees working on the Project ~s 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 eot perform any work on the Proiect Furthermore, fo~ each calenda~ day including and after the effective date of ~ erm]nation or cancellation of the Contractor's workers' compensation insurance ~ >veraqe for its employees we~king on the Project until the date replacement workers' ~ompensatzon insurance c~erage, 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 liquldat~d damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time ~ complete the Project has not expired. l~ ;~cc(}rdance with othe~ requirements of this Contract, the Contractor shall not permit subcontractors or others to work on ~lhe Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the ~equLred documentation of such coverage has been provided to the Contractor and the C~tv Engineer. A-8 Faxed Proposals P[oposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Seotion B 2 of the General Provisions. A-9 Ac~[nowlec~ent of Addenda The Contractor shall acknowledge receipt of ail addenda received in the appropriate space provided in the proposal. F'ailure to do so will be interpreted as non-receipt. Since addenda can have s~gnificant [mpact on the proposal, failure to acknowledge receipt, and a subsequent ~nterpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A SP (Revised 10/98) Page 2 of 20 A -~10~ Waqe Rates !dinN~um Prevailinq Wade Scales The o}pus Christi City O unc] 1 h~s determin,~i the gene,,~[ prevailing minimum hourly .~acl r ~t~ s for Nueces C(unty, To×as as se~ ~ut in Part C. The Contractor and any ,r~ ~ ~t~ r must not lay less than the ~pecified w~ge rates to all laborers, h3n~ ta~tt r or subcontractor shall [orfeit s~xty dollars ~$6O.OO} per calendar day, ~ } or{ i~n thereoi, for each ]abore~, workman, or mechanic employed, if such person ~ ,id I ss than the sp~,~ified rate: for ch, lassi fica~ ion of work performed_ The a i~ ications ol all lab<>re~s, ~o~kmen, lnd mechanics employed by them ~],~{~ ion with the Project and showing the ~ ual waqe~ paid to each worker. 'ohtrdctor will make bi-w/ekly ¢ eutifJeJ payroll submittals to the City Engineer. Contra~ tot will ai o <,bi ~in copies .f such certified payrolls from all u~l Fa~ tots and others wo~ king en the P~uject. These documents will also be ~t[i~t~ ed to the City Englnee~ bi weekly. (See section fo~ Minority/Minority Business i]n[~:p~ise Participation Policy for additic!lal requirements concerning the proper and 3ontent of the payroll submittals, i ~)ne ~rlCJ (>ne-half (]~) [Jmes th~ spa ~ified hourly wage must: be paid for all hours ~>~k d [n excess oi 40 he,]rs in any (,ne week ~nd for all hours worked on Sundays or ~ ~l~avs. (See Section 6-1 1, [~eiiniti~n _~ Terms, ~nd Section B-7-6, Working lj _C~o__o~ration with P~lic A~encies d~ ,i ~(-I,~r shall COO[:~rst, with ~11 public and private agencies with facilities within the lim~ hs f Lh~ Project The Contractor shall provide a forty- hour notice tc any applic<~b]e agency when work is anticipated to proceed v~cinlty of any ~,~ilihy N7 using the Texas One-(all System 1-800-245-454~, Star Notifica~ ion Company at 1 800 669-~344, and the Southwestern Bell e Group at 1 800-828-5]27. ~ hy Engineer ~ oj ct Engineer: LNV ENGINEERING Dan S- Leyendeckel , Marcus J. Naiser, P_E. CITY OF CORPUS CHRISTI Tral fic Engineer P ,lice Department WaN~ Division Signal/Fiber Optic 1,0cate Cab] evisJ on ACSI {Fiber Optic) ~qC (Fiber Optic) c~ oiieCom (Fiber Op~ CAPROCK {Fiber Opti~~ B}ooks Fiber Optic Fo£ the (~ r/tractor's convenience, the fo[lowing ~180- ~50') 883-]98,l 883 L986 (fax) 883 1984 883-1986 (fax) 880 3540 982-1911 857 1880 857 188] 857 1818 885-6000 (8130) 780-3952 88] 2Lll 857-1946 857 5000 8~7 9200 813-1124 H8]-5 ,'~'7 {812. i 9 ~5 0958 (972) ~5 ~-4355 (880-3140 after hours) (880 i}140 after hours) (880-3140 after hours) (885 6900 after hours) (180 3850 or 780-2483 after hours (]-800-824-4424, after hours) {~57 5060 after hours) (Pager 800 ~24-3624) (Pager 888-20~-1679) (Pager 850-2981) (Motile) Section A - SP (Revised 10/98) Page 3 of 20 The Contrachor shall take all precautions in protecting existing utilities, both above and below ground. The l)rawings show as much information as can be reasonably obtained from existing as built drawings, base maps, utility records, etc_ amd from as m~lch field work as normally deemed necessary for the construction of this type of ~roject with regard to the location and nature of underground utilities, etc. However, the accuracv and completeness of such information is not ~uaranteed. It is ~he Con~ factor's sole and ~omplete 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 in ~he event of damage to underground utilities, whether shown in the drawings, the Pontractor shall make hhe 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 Lhe requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i_e broken, cut, etc.), Elow must be mainlained~ Sewage or other liquid mush 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 puunped, balled or flumed over the streets or ground surface and Conruaotor must pay for a~l fines a~d remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make ail necessary repairs, re]ocatinns and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for rep~lis, adjustments ar relooations of sewer servic~ lines m~st be provided by the Con[rector_ A-13 Ar~a Access and Traffic Control NOT USED p~u=lde ~ minlmu.~ uf i~unve,,ience tu muturiata_ All .==th=r a~ese r~ust b= p~u~ided tu all ~old~ts o~d buoines~es ~t all tlme~ du~in~ ~nstlu~tlv~_ Th= Cuntra~Lu~ meal ~,~u~id= tempula~ d~ivu~ay.~ and/~,~ ~u~d~ of =p~,~uv=d material du~i~ wet .=ath=l. Th~ adam,se impaul un Lhe nu,~e~slbillty ,~f adjoi,~i,,~ p~upeztl=s. This mol inulude, but is ,~,t 1 h~ited Lo, .~rkin~ dzlvuwa}~ in lmlf ~idLhs, ~un~t~u~ti~,, uf tempu~z/ ~p~, ek~. The C~L~ a~t~l =~a 11 ~o~l ~ with th~ cit~ ~mll [~,Ji~ Sta~dah]~ and Pra~.ti~es ao adu~ted bf th~ City. CuFie~ of thi~ dec~u=nt a~ ~ailobl= th~dgh the CAty's T~affi~ Engluue~i~g DeFa~tme~t. Th~ C~tra~tur shall All ,,~ta fu~ tiaffi~ ~ont~ul shall be ~aid for aa ~hu~ in the A-14 Construction EcD/~pment Spillage and Trackin~ The Contractor shall keef) the adjoining streets free of tracked and/or spilled matezzals 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. S{ [ee{s and curb line must be cleaned at the end of the work day or more frequently, [£ necessary, to prevent material from washing into the storm sewer system. No visible material that col]]d be washed into storm sewer is allowed to remain on the P}oject site or adjoining streets. Section A - SP (Revised 10/98) Page 4 of 20 A-l~5 Excavation and Removals ,~x :avated areas behznd < urbs and adoacen! to sidev..]lks and driveways must be with "clean" dirt. "Clean" dirt ~ ~ defined a dirt that is capable of [.ro,~iding a good growth ol qrass when applied wi~h seed/sod and fertilizer. The dirt A-16 Disposal/Salvage of Materials excavated materia£, broken asphalt~ toner'ere, broken culverts and other lnw,,ntcd material becomes the property of the Contractor ~nd must be removed from the the Contractor. The cost o£ dll hauling is considered subsidiary; therefore, ,]ir(ct payment will b~ made to Contractor. A-17 Field Office NOT USED The Cont=auL~ .~u~%t fu~nioh th~ City E~gin~e~ ~ hi.~ .~e~u,:tative ~ith a field ~ffi~e at the ~.~a~t~u~ti~ ~it~. The fLeld uf~h~e ,,u~t ~.watain =t luaat 120 t,~e~ of u~eable _~pa~. The field uffi~e mu~t b~ ai~ uu~ditluned and heated mhd b~ ~u~,~i~h=d ~ith =a in~ ]ired table that m~a.~e~ ~t l~a~t D0" x 60" a~d two (2) ~=. The Cu~t~,=t~,~ ~hall muvc th~ field ~ffi~.~ u,% Ihe oit~ as ~equi~ed bk the % ~,,g~e~ o~ J~i~ ~.ei~co~ntativ~. The fleh] ~ff~ ~L,OOt be furnished with ~,h-.~ (~th 24 bwu~ ~.e~ d~3 anorexiA9 ~e~]~e) a,,d 1'~ medline paid [u~ by the A~18 S~hedule and Sequence of Construction h. :}r, tractor shall submit ~e rte City Engineer a work plan based only on calendar ~..,~.~ This plan mu~t der ~il ~he schedule of work arid mu~t be submitted to the City <,,ntractor working hours will be from 8:00 A.M. - 5:00 P.M. on Monday tb_ru FricLa¥. must indicate Eh,~ achedule < f the i.311owLng wor~ items: I[~[tia] Schedule: S~bmi[ to the City Engineer three (3) days prior to the Pre- Cons[ruction Meeting an in~[ial Construction Progress Schedule for review I1 ems to Include: Show complete sequence of construction by activity, identifying ~ork ot sepa~.~te stages ~{i other le~jieally grouped activities IdenJ ify the first work day of ,ach week. Submittal Dates: ]hdica~ submittal d~res reguir'ed for all submittals_ 1. R~__' Submission: Revise and resubmit as required by [he City Engineer. p~ogrese of each stage by percentage against initial Schedule. A-19 Construction Layout and Control r~1['~ [rawings depict lin~s, slopes, grades, sections, measurements, bench marks, } ~;e[ lees, etc. that are no~mally requi~ed [o construct a project of this nature. ,~j )r ceil]trois and b~ch mu}ks required tot setting up a project, if not shown [ :,! .kawings, will he prouided by the Cit7 Surveyor- · [ y Engineer will fu~ulsh the Contractor with ali lines, slopes and measurements n re~ of the work. section A SP (Revised 10/98) Page 5 of 20 bench mark, the Contractol shall provide the City Surveyor 48 hours notice so that alternate control points can be established by the City Surveyor as he deems nece~ sary, at no cost to the Contractor. Control points or bench marks damaged as a resu[~ ef the Contractoi's negligence will be restored by the City Surveyor at the expense of the Contractor. [f~ I~r whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Conkractor shall obtain approval of the City Engineer prio~ to deviation, if, in the opinion of the City Engineer, the required deviation wonl~l necessitate a revision to the drawings, ~he Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings_ The / en~ factor shall tie ~n or reference all valves and manholes, both e×isting and propnsed, Eot the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City Englnoe~ may require that the Contractor furnish a ma×imum of two (2) personnel £or the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and veril]cation of compliance with the Contract Documents, plans and specifications_ Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Te×as retained and paid by the Contractor The Third Party R P.L.S. shall be approved by the City prior to any work Any descrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits_ F~l]owing ts the minimum schedule of documentation required: St ~eets: All curb returns at point of tangency/point of circumference; Curb and gutter flow line both - sides of street on a 200' interval or grade breaks; Street crowns on a 200' interval and at all intersections; (TXDO~ ond Ca~in~ ~l=~ati~n~ {tu~ ~f ~ing and fl~ line ~si~g} (TXDOT ~d Ail rim/invert elevations at manholes; Ail intersecting lines in manholes; Casing elevations (top of casing and flow line casing) RR permits). (TXDOT and 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 correct,ye measures have been taken, and the eost of retesting will be borne by the Contlactor and deducted f~om the payment to the Contractor_ The Contractor must provide all applicable certifications to the City Engineer. Section A - SP (Revised 10/98) Page 6 of 20 A-21 Project S1Q-mS NOT USED A-22 FLinorit¥/bLinorit¥ Business Enterprise Participation Policv icy It is the policy or the City <>f Corpus Chzisti that maximum opportunity is afforded minori ties, women and Minority Business Enterprises to participate in the performance of . ontracts awarded by the City oh Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action ~ }l[cy Statement of the City dated October, 1989, ~nd any amendments thereto. I'~ i :ccrdance with such policy, rte City has establi Chad requirements, as stated htxreirl, bott for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions Prime Contractor: Ar~y person, or joint venture as herein contract. firm, partnership, corporation, association provided which has been awarded a City Any named person, firm, partnership, corporation, joint venture as herein identified as providing work, snpp]ies, equipment, materials or any combination of the co[~tract with a p~Nne contractor on a City contract {4inorikv Bus]ness EI~terpr±se: A business enterprise that is owned and controlled by eno or more minority person{s). Minority persons include Blacks, Me×ica]l-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders_ For the perposes of ~ his sec~ ion, women ]re ~lso :onsidered as minorities_ Minority persou(s) must collectively own, operate and/or actively manage, ,~d share in payments from such ~n enterprise in the manner hereinafter , : fc>r~h: (a) For a sole proprietorship to be deemed a minority business enterprise, i~ must be owned by a minority person_ R:r an enterprise doing business as a partnership, at least 5~.0% n£ the assets or interest Jn the partnership property must be owned by one er more minority person(s). (c:) 51 .0% of the assets o} interest in the corporate shares must ~ owned by one or mo~e minority person(s) 2- Control]ed enterprise zests with a minority person/s}. Section A - SP (Revised 10/98) Page 7 of 20 Share in Pavments 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, con~issions, consulting fees, rents, procurement, and subcontract payments, and ~ny other monetary distribution paid by the business enterprise. d Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51_0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot e×oeed the p,oportionate 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. Goa] s a The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Paarticipation (Percent) bt~nority ~usin~ss Enterprise Participation (Percent) 45 % 15% These goals are applicable to ali 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 o[ 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. a. Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall ~articipation in these areas which have been achieved_ The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required_ Section A - SP (Revised 10/98) Page 8 of 20 A-23 Inmpection Required NOT USED ?he CuuLla~tu~ ~hall a~u.~ th~ aF~.c~iate buildln~ ~p~Li~ao b~ th~ D~ildi~ A-24 Suret-v Bonds surety will be accepted by ~effault or delinquent on litigation against the City. Sqrety Company authori zed to ,,~ rte Qeneral Previ %ions is (:banged he read as the City from arty Surety Company who is now any bonds or who has an interest in any Ail bonds mtJst be {ssued by an approved do business in the State of Texas_ If (101) cf the Surety Company's capital and surplus, the Surety Company shall provide ¢:erti/icat. ion sstisfactory to the City Attorney that the Surety Company has ~einsured the portion of the bond amount that e~ceeds h-~n percent (10%) of the Surety Company's capikal and surplus with r~insurer{s) authorized to do business in the State of Texas. The amount nt the bond reinsured by any reinsurer may not exceed ten percent (10%) ol ~he reinsurer's capita] and surplus. For purposes of this section, the amount of allowed capital and rurplus will be verified through the State B ~a~d of Insurance as of the date of the last annual statutory financial stalement of the Sulety Company or reinsurer autho[ized and admitted to ~ ih]ness in the State of Texas. TN~ Surety .shall designate an agent · a resident st Nueces County, Texas. Each bond ~mst be executed by ,~ ontractor and the Sur(~ty. For contracts ~n excess of $100,000 the I> nd must fie execut{d Ny a Surety company that is cu rtified by the United S~ates Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 floma reinsurer that is certified by the Uni~ ed States Secretary n£ t~e Treasury and that meets all the above r,~qutrements. The tnsurer o~ reinsurer musk be :[sted irt the Federal R~ gister as holding certificates of aulhority on ~ he date the bond was 6 2_~ Sales Tax Exemption NOT USED ~,:.,~[ [o,, D 6 22, T~^ E~=m~tlo., E~,~J..i,~., is d~teted in i(o e.~ti~..ty and the £olluwi.M .,ub~titut~d in ]led thereof f',~,'~t~:~t~ fez i.,,~ov=me~.t.~ tu ~eal Fzope~ty a~a~ded by th~ City of Cuz~us Ch~iati d~ qualify fsi ~-~.,~tlo.~ of Sales, Ex~io~, and U~ Tax~ u.~l~ the ~ lec~a to op~atu ~ndu~ a ~epa~ated cont~t a~ defined by Se~tio~ 3.291 of Chapt=~ T~,~ Ad.inlat=atlu~ ~f Titl~ 34, F~b]ic Fi,~n~e ~f th~ Te~=~ Ad.inlotlative Cude, · ~,~ h ethel =uleo ~,~ ~egula{ io~,~ a~ ~,=y be 1,~ ~,mdlg~ted l,y th~ Cumpt~olle~ uf Fdblic Id~ti£y ]~ the app~up.Jat~ ~Fa(,e un the "Otat~.,ent of Materials aud OLhe~ Cha~=~" ]~ th~ p~,F~,.~i Lu~m th~ ,.v~t of tuaLe~ ial.~ phy~ica]l} i~tcozFo~bed intu the Fro]~ct . ho%ldo th~ City with c/J~Ji~.~ t/f mat~ri~l lnvoi~=o t~ sub=tantlat= the p~opw~al A-26 Su~lemental Insurance ~=guirements For each insurance cove[age provided in accordance w~th Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance polio:y, signed by the ~nsurer, stating: £n the event of cancella[~on 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 {o: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 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 Cf~y Engineer requests that the Contractor sign the Contract doctunents. Wzth~n 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 tt, e 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 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 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 bare 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. Section A - SP (Revised 10/98) Page 10 of 20 A-27 Rosponsibilit¥ for Da~aqo Claims NOT USED Po~a~oph (a) General Liabilltr of S=~llon B 6 11 of thu G=nez=l F.OVi~ioL~ i~ C~,nt~=~Lo~ ,~at ~L~.~id= b~ilde~'o ~iok ~,,mo~=n~ ~.,~=~awe for the t~, of Lhe J,l~ludi,,w o~f d=du~ Lible. The City muot b= aa~,~d oddlti~,ml inmu=ed un mn~ A-2__88 Considerations for Contract kward ~d Execution TO ~ [low the City Engineer to determine that the bidder is able to perform its obi ~ga[ ions ander the proposed eontract, then prior to award, the City Engineer may req~.~r~ a bidder to provide document ~tion concerning: Whether any liens have been filed against bidder fo~ 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, ahd the date of the release of the lien_ If any such lien has not been r~lcased, the bidder sh~ll state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the pzeceding two (2) years. The bidder shall specify ~he name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation wliy Ihe claim has not been paid. A bidder may also be required to slopply construction ~eferences 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 ail current assets and liabilities. A~29 Contractor's Field k~inistration Staff ]onLractnr shall employ for this Project, as its f:eld administration staff, ~pe: ]nj erldents and foremen who are careful and competent and acceptable to the City The , ri[erie upon which the City Engineer makes this determination may include the Tile superintendent must have at least five (5) veers experience in the day-to- day field management and oversight of projects of a similar size and complexity t{ this Project_ This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, the handling, storage, and disposal of blast media that is considered hazardous waste due to lead content, federal and state wage rate reguirements, and contract close-out procedures. The foreman must have at least five (5) years experience in oversight and management of the wo[k of valious subc©ntractors 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. Documentation concerning these matters will be reviewed by the City Engineer_ The C ,, t i ~cto~'s field administration staff, and any subseql~ent substitutions or ~ ~i,],,cements thereto, must be approved by the City Engineer in writing prior to such Sup~ t~n~:endent or foreman assuming responsibilities on ~he Project. S~n~h ~r~tten approval of [ield a~lministration staff is a prerequisite to the City Section A - SP {Revised 10/98) Page 11 of 20 Eng e/ r's obligat]on to exe :ute a contract for this Pr~ject. If such approval is n.~t .b~ ained, the award may be rescinded. Further, such written approval is also heC~ ~sery prior to a chai~ge in field administration staff during the term of this (Ton! ~act. If the Contractor fails to obta[n prior written approval of the City Engineer con~-~erning any ~ubstitutions or replacements in its field a~inistration sta~ [ lot this Project duuing the term of the Contract, such a failure constitutes .~ b~is to annul the Contract pursuant to section B-7-1 ]. A-30 Am~nd~d "Consideratmon of Contract" R~ir~ents Under "General Provisions and Requirements for Municipal Construction Contracts" Section B 3-1 Consideration of Contract add the followihg text: W~thin five (5) working days following the public opening and reading of the [ rop{sats, 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 majo~ components of the work; list of the products to be incorporated into the Project; A schedule of values which specifies astimates of the cost for each major component of the work, schedule of anticipated monthly pa~nents fo~ the Project duration_ 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 o~ signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained here~n. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly sho~ that MBE participahion will meet the requirements above, the bidder musl clearly demonstrate, to the ~atisfaction 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. A list of subcuntra<~tors 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 ~etains the rigbt to approve ali subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project If the City Engineer does not approve ali 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 participatio~ in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract pric~. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-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; and [~ocumentat 1o~ required pursuant to [he Special Provisions A-28 and A-29 onoeruing ConsideIations for Contract Award and Execution and the Contractor's ~ield Administrati©n Staff. 9. Documentation as required by Specmal P~ovision A-35-K, if applicable. ]0. 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 en~ity. A-31 Amended Polic~ on Extra Work and Chan~e Orders Under "General Provisions and Requirements for Municipal Censtructi0n Contracts" B-8- 5 Nolicv 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 slso be approved by the City Counctl. A-32 A~end~d "Execution of Contract" Reguirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3- 5 Execution of Contract add the fo]lowing: Tl~e award of the Contract may be rescinded at any time prior to the date the C{ty Enginee~ del~vers a cootract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work ~>~c~l Didder must familiarize himself fully with the conditions relating to the completion of the Projec~ . Failure to do so will not excuse a bidder of his obligation to carry out the pzovisions of this Contract. Contractor is reminded to att end the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract doctunents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be <liven to the Special Provisions, third precedence will be given to the COnStruction plans, fourth precedence will be given to the Standard Specifications and the General Provisinns will be given 3est precedence_ In the event of e conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas ~epartment of Public Transportation Standard Specifications for Highways, Streehs and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions {if applicable}, construction plans, referenced specifications, Standard Specifications, and General P~ovisions, in that order. A-35 C~t¥ Water Facilities: Special Requirements NOT USED P. io~ to ~ezfu~u,in9 ~$1k at =~k City wat=~ fa~ilitf, the Cunt~=cto~. v=lid ~a=d ue~Lifyln~ thei~ ~io= =Lte~ldom~ at a Vioi/ur/Cu~t~a~LuL Safetf O~ ieL~Lat l,~n P~u,~am ~,;a,J~. L ~d [;3 the Citf ~laLe~ P~ ~un~=l_ A Visltu~/Cu~[~ ~Lu~ ~fety O~ i~ntatlo~ a~y Cit} .at~r f~Lil~t~. UO~ addi t iu,~l infu~.~atlon ~efe~ At ~=l~t I. O~a~=tion of CiLv O%.,~d Ecp~iw~.t 6~i~t, ~.itcl%, bz~ake~, control, o~ any o~z it=~ ~lmt~ tu CiLy .=t~z f~ciliLx mt a,~ time. Ail such itemo ~=st ~= op~at=d by an oF==~tu~ ~ uthe~ authorized .,ai,,t~na~,~= ~plu~=e uf the Cit~ Wat=~ The Cit~ must dellr=~ wat=r ~f d~iuklmg ,~ollty L,~, iLs c~otu~=zs ot all times_ Th~ Cuntt~utu~ sh~ll ~zute~t th= ~fualJt~ of the ~tet i~ the jub ~ite and ohall uuutd[nat~ its w~k with th= Cit9 $$at== D=F=zt~,~ent tu (ANOI/NSF} Otand=~d 61 ~ dea~ib~-d i~ the St~da~d ~an~lin~ ~.d Di.~aal of T==ah All t~=sh generated b~ the C~,mt,~to~ ~ ~,is e,.Fl~9==s, =g=nts. ~ o~bc~t~o~to~. ~.~t b~ ~tai,,~d at all tlm=3 ~t th= ~=te~ fa~ilit~ site_ Bl~i~ t~h will ~ut be allu~,J. The Cu~t~tu~ ohull k==~ ~u~k a~s ~lea~, at all hi.u3 a~d ~,~u all tkash dail~. CONTRACTOR'O ON DIT~ FR~pARATION ~nd indi.ldu=l e~wl~x== identlfi=atiu,~. Cuntra~to~ 3hall [~ovide telephone3 f'o~ C0ntraut0r pez~0n.=l. Cunt~=~t~ sh~ll ~ut p~odu~ ~bje~io~able ~u~o= (see A 50)_ Section A - SP (Revised 10/98) Page 14 of 20 All CulLt~=~to~ ~ehi~l~a ~,~uat b= F=~k=d at d~sig~=t=d =itu, =s desi~n=t=d by Cit~ ~=t=~ D~p~t~nt ~t~ff. Ail C~nt~a~t~ ~h~l=~ Qesi~%~t=d b~ Citf W~tu~ D=~t,~,e,~t ~=~,,n~l. All ~e~u,,~,=l Con L,. ,~.. t,~.,- Qual ~ fictions GCADA ( DUPERVI ~ORY COI~TROL A~ DATA AC%QUI S I TION) Tl~e CunL~a~tu] u~ hi~ aub~u,~t~=~te~ F~uposing tu ~=rfu~,, Lb= SCADA ~u~k 9. facility ~ithi,, 400 ,,~il~ of the F~oj=c[. sit= to ,~,aintain, ~epai~, on cxompl= ~f the ~=~ui~d p~u~r~,,~,i~,g blucko ~l~i~]~ tl~e City Section A SP (Revised 10/98] Page 15 of 20 A 36 Other Shop Drawinq Submittal: The Contracto~ shall follow the procedure outlined below when processing Shop Drawing submittals; a Quantity: Contractor shall transmit ten (10) copies of each submittal to the City Engineer or his designated representative_ The City Engineer will retain three (3) copies. Reproducibles: In addition to the ten (10) copies required above, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attaohed at the end of this Section; and sequentially nundDer 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 n~mber(s), and specification Section number, as appropriate, on each submittal form. 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_ Scheduling: Contractor must schedule the submittals to expedite the P~oject, and deliver to the City Engineer for approval, and coordinate the submission of related items_ 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. 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_ Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on al] submittal forms_ Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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. Samples: The Contractor must a;ubmit samples of finishes from the full range o~ manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical ~pecifications 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 e~uipment will not be approved ~or use on the project. Section A SP (Revised 10/98) Page 16 of 20 A-37 Amended "A~ran~ement and Charge for Water Furnished by the City" NOT USED U,ld=. "Gu~Le~al P~uvlalon.. ~nd Reqdi.=~,~e~ts fo. HuHiclpal Cunst=ubtio~ A-38 Worker's Compensation Coverage for Buildin~ or Construction Projects for Government Entities [he ~equirements of "Noti e to Contractors 'B'" are incorporated by reference in this Spe: iai Provision. A-39 Certificate of OccuDancv and Final Acceptance NOT USED Thc .o~o~Lc~ of a ~=.Lifi~atc of o~u~y fo~ i~,,F.o%c~,~e~t~% do== ~t cunstltute flaal A-40 Amendment to Section B-8-6: Partial Estimates Pzovisions and Requirements [or Municipal Construction Contracts Section ~artia[ Estimates is ~mended to provide that approximate estimates from which payments will be calculated will no{ include the net invoice value of ~,'~ptab]~, non-perishable materials delivered to the Project work site unless the a tar provides the City Engineer with documents, satisfactory to the City Fh ~inee% that show that the material supplier has been paid for the materials nelive~e¢~ to the Project work site. A-41 Ozone Advisorv Priming and hot mix paving operations must not be conducted on days for which an ozone advisory has been ~ssued, except for [epairs. The City Engineer will notify Cont [ao~or about ozone alert. If a delay such as this is experienced, the day will *,ot be counted as a work day and the Contractor will be compensated at the unit p~ice indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indem~ification & Hold Harmless (Mder "General Provisions and Requirements lo} Municipal Construction Contracts" B~ 6 21 ~ndemnification & ~old ~armless, text is deleled in its entirety and the following is substituted Jn 1leu theueof: Thu Contrac[or 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 contrac30r, or any subcontractor, supplier, material man, or their o£ficia]s, employees, agents, or consultants, or any work done under the contract or in con.loci ion therewith by the contractor, or any subcontractor, supplier, material mdn, or tbe]r officials, employees, agents, or consultants. Section A - SP {Revised 10/98) Page 17 of 20 Phe contractor shall hoLd the City, ifs officials, employees, attorneys, and agents harmless and shall indemnify the City, 2ts officials, employees, attolneys, arid agents from any and all damages, injuly, or liability whatsoever from a negligent act or omission of the city, [ts officials, employees, a~torneys, and agents that directly or indirectly causes injury to an employee o5 the contractor, or any subcontractor, supplier or material man. A-44 CHARGE ORDERS Should d 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 <qu~pment, wage rates, etc.). This breakdown information shall be submitted by A-45 AS-BUILT DIMENSIONS AND DI{AWINGS (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizontal and vertical/ of ail facil{ties. (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 shat1 include the following~ (1) Horizontal nnd yeti ical dimensions due to substitutions. (2) Changes in equipment and dimensions due to substitutions (3) "Nameplate" da[a on all installed equipment_ (4) Deletions, addillons, and changes to scope of work_ (5) Any other changes made_ A-46 Disposal of Highly Chlorinated Water (?/5/00) NOT USED Tb~ Co~tk==t~ =l~all b= zespun~ibl~ [~ th= diop~sal uf wat=~ uoud fu~ teatlug, disinf=~.tLon m~d 11~= flu,~blng i~ o,~ app~u~ed mam~_ Cu~tm~inm~t~ i~ the ~ater, Fa~ti~ula~ly high le~el~ uf d,lu~in~, ~ill be u~ed f~ dloinf=~tion, ~d ,,=~ ex~==d the b,ezn,io~ibl~ limlt~ fu~ diad~ge lntu ~etlando o~ en~iku,~t~=ntall~ ~ensltive ag=m~ies in the dloFosal uf all ~ate~ u~ed i,~ th= pzoje~t. Th= method~ uf dlopusal ,]i~p~aa2 ?f highly d~l~rin~t=d ~t~z. C~nt~a~t~z M~ll nut u~e the Cit3'~ saaita~y Section A - SP (Revisad 10/98) Page 18 of 20 A-47 Pre-Construction Exlolorato~-v Excavationa (7/5/00) Pr..~r to aFLy construction whaL.~oeve~ on the project, Co~%tractor shall eKcavate and ex[usl all existing pipelines, utilities and conduits of the project that cross w,!hin 20-feet of p,oposed pipelines, utilities and excavation on the project and Cot tractor shall survey the ~ ×a't vertical and horzzontal location of each crossing ant potentially conflicting pipelines, conduits and utilities. Fo~ existing pipelines, utilities, and conduits which parallel and are within ten fe~ (10') of proposed pipelines, conduits and excavation of the project, Contractor ~{ha]l excavate and expose said existing pipelines, utilities and conduits at a maximum of 300-feet O.C and Contractor shall servey the accurate horizontal and vertical locations of sa~d p,~ral]el pipelines, conduits and utilities at 300-feet ,3cn~ra,]tor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines, conduits and utilities excavated and surveyed, as well as the approximate station thereof, distance to 1 he pavement centerline and elevations of the top of existing p~pelines, conduits sad utilities_ Contractor shall perform no constr~ction work on the project until all exploratory excavations have been made in their entirety, the resulte thereof reported to the Engineer a~d until Contractor r~ceives Engineer's approval of report_ Prior to any pre-construction exploratory excavations, Contractor shall s,~h-{t to the Engineer the means and methods for explorator~fexcavation to be used. Contractor shall use non-destructive equipment to perfom exploratory excavation. Expio~tory excavations shall be oonsidered subsidiary to on~ ~a :to~ shall provide, all his own survey work effort appropriate bid item. (no separate pay) for A-48 Overhead Electrical Wires Con~ractor shall comply with al 1 0SltA safety requirements with regard to proximity of ~ n~:truction equipment beneath overhead electrical wires. There are many overhead w~r~-~ crossing the constructior~ route aI]d al( rig the constructi©n route. Contractor ~hdll use all due diligence, p[ecautions, elc , to ensure that adequate safety is ple',]ded for all of his employees and operators of equipment and with regard to ensnning that no damage [~ existing {verhead ~!!ec[rical wires or facilities occurs. / on1 ~acto~ shall coordinate his work with CP&L and inform CP&L of his construction ~chedu]e with regard to said overhead lines Some overhead lines are shown in the construotion plans, while others are not. It shall he the Contractor's sole responsibility to provide for adequate safety with regdrd to overhead lines whether shown in the plans or not. A-49 Amended '~4a~ntenance Guaranty" (8/24/00) Under "General Provisions and Requirements [or Municipal Construction Contracts", B-8-11 Maintenance Guarantv, 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, o~ relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor o~ any othor individual or entity_" Section A - SP (Revised 10/98) Page 19 of 20 PROJECT: ENGINEER: CONTRACTOR: SLg~4ITTAL DATE: APPLICAP~.~ SPECIFICATION OR DRAWING StrBMI TTAL NUMBER: SU~4ITTAL Section A - SP (Revised 10/98) Page 20 of 20 PART C - FEDERAL WAGE RATES AND REQUIREMENTS Decision Numbe~ T%030039 06/13/200~ T×39 ls(ded Generi[ F)ecisi n Hn. TX020039 C()[JNI r (les) NUECFI ' i~ l) $ 9.05 WKi,DERS - Receive rate pies( ~ ibed fo~ cra£L performing op(:ratioll to which welding is incideFiLal. Lhll ~;~ ed classifications n, eded lot work not irtc~uded th~ s ,)pc off ~he (;lass~fic,~hio~s listed may be added alter (/9 , PR t 5(a) (1) (ii)) . li~tet under Lhat tdentifi~r ch) not reflect co~lec~[vely ba~gaine,l wage and [tinge I~enefit rates. Othe~ des~grlations lreva ~ i J Page I o62 Page 2 of 2 ru ] lng arid {.) should be followed With regard to any other matter not !let ripe for the formal process described here, ]nit£al contaot £hou]d be with the Branch o[ Construction Wage Determinations. Write Brdnoh of Construction Wage Determinations Waqe and Hour Division U S. Department of Labon 200 Constitution Avenue, N. W. Washington, D. C. 20210 2 ) If the answer to the question in 1.) is yes, then an Wage and llour Administrator U.S. Department of Labor 200 Constitution Avenue, N. Washington, D. (' 20210 The request should be accompanied by a full slatement of the inte~esled party's posit~on and by any information (wage payment data, project description, area practice material, etc~) that the ~equestor considezs relevant to the issue. 3.) if the decision of the A¢iministra[or is not favorable, an interested party may appeal d~tectly to the Administrative Review Beard {formerly the Wage Appeals Board} Write to; Aciminis[ retire Review Board U_ S- Department of Labor 200 Constitution Avenue, N. W Washington, D. C 202]0 4-1 All decisions by the Administratfve Review Board are final. END Ol-' (;BNERAL OF, CiSIQN AGREEMENT THE STATE OF TEXAS § ~O'~Ty OF NUECES § PHIS AGREEMENT zs en~ere/I irlto hNis 17TH day of M~Y, 2005, by and }r the CITY OF CORPUS CHRISTI ~>f the Ccklnty of Nueces, State of '['e~s, acting th¥ou~lh its duly auth%~ized City ~4anager, termed in the ~act Documents a~ "C.[~y," and Garrett Construction ComDanv termed Ihe Conhraet Documents as "Contra~ kef," upon these terms, performable ~ ~,hn~ces County, Texas: in co~siderati{w, ~}f the pnymen~ ef $126,964.60 by City and other ~ o~ City as set out herein, Contractor will construct and ,l . , train improvements ~escribed as follows: SA!qD DOLLAR PUMP STATION PAVING & LARDSCAPING PROJECT NO_ (TOTAL BASE BID: $126,964.60) 8536 acc ~rding to t~e at hached P/ams and Specifications in a good and ~ ~'~:manllke manner ~or the prices ~nd cendi{ ions set out in their ~', t lr}~ed b~d propostl su[}p~ying at thei ~ ~ xpense such materials, s,~ ' i e&~ labor and ihsu~al~ce as r(2qn[red b} the attached Contract P c iments, including vezseeinq the eutire job. The Contract Documents z~ ~:e thks Agreement, khe bid p~o[l~sal and instructions, plans and s~e '~fi. cations, incl ~d~g al I maps, plats, blueprints, and other ~w~ngs, the Per£o~ mance and Payment bonds, addenda, and related ~u' iillents ali of whica {-onsl it~lte the contFact !~or this project and are part hereof. Agreement Page 1 of 2 L J]2.50 : I~0~.~0 2,1D-O, O0 ~ ~6o, qo · Z-lO . The Contracter '~ill ~orl~rtence wor-k within ten (10) calendar days from they receive written we~k orde~ and wil complete same within 60 CALENDAR DAYS after constrnct£on is begun. Si]ould Contractor default, k~L~actor may be ] zable foz liquidated damages as set forth in the ~o~Lract Documents. City will pay ~iontracte}- in c~rrent funds for performance ef the , O~dCt in accordance with the Contrac~ Documents as the work p~ ~resses. Signed in 4 parts at Corpus Christi, Texas en the date shown db~ ve . ATTEST: /-, r'~l v Secretary CITY OF CORPUS CHRISTI Assr,' C~ity Attorney ' ; O/~//~PJ~ Ange/~l 'E'scobar, P_E_ -- :2 J "-' [}{r~c~er of Engineering Services ATTEST: (If Corpora~m~n) ~ {Seal Below) (Note: If Person sig~ing for corporation is not President, attach copy of authorization to $i~n) CONTRACTOR Garrett Construction ComDan¥ I'i Lie: P.O. BOX 1028 (Address) INGLESIDE, TX 78362 (City) (State) (Zip) 361/643-7575 * 361/776-3993 (Phone) (Fax) Agreement Page 2 of 2 ~ ....... .TLf. T k:' <) 8.5. f, ,% LAlg]D S CAP ]: NG 'J R O P 0 S A L NAY 4, 2005 <)1: GARRETT CONSTRUCTION COMPANY , ; a: f TEXA~ .. SAJ~D DOLLA~ STATION PAVING PROg1~CT l'lO. tl516 bL' L A~derldum No. 2 · ' ~hre wc~k~ and chat =±1 bonds wi I.! 630£) 6~3=2575 ...... IL .... {{ STATE OF TEXAS COUNTY OF NUECES PERFORMANCE BOND BOND NO. 2165504 KNOW ALL BY THESE PRESENTS: THAT Garrett Construction Company ~f SAN PATRICIO County, To<as, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a ;>rporation organized under the laws of the -~tate of CALIFORNIA , ~n I duly authorized to do business in the State of Texas, hereinafter a! led "Surety", are held and firmly bound unto the City of Corpus ~lh~ isti, a municipal co~p~ration of Nueces C<}unty, Texas, hereinafter .~a led "City", in th,~ penal sum of ONE HI/NDRED TWENTY-SIX THOUSAND, NINE HUNDRED SIXTY-FOUR AND 60/100 ($126,964.60) DOLLARS, lawful money of the Un! ted ~tate._, to b~ paid in Nueces County, To×as for the payment of wh ~h sum wel.l and truly tD be made we bind ourselves, our heirs, ex,.cutors, administ~ute~s and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUC~ THAT: Whereas, the lac[pal entered into a certain contract with the City of Corpus s~i, dated the 17T}{ of MAY ~ 20 05 ~ a copy of which is hereto 'i~d and made a paFt hereof, for the construction of: SAArD DOLLAR PUI~P STATION PAVING & I2%N-DSCAPING - PROJECT NO_ (TOT/%L BASE BID: $126,964.60) 8536 NOW, THEREFORE, if the principal shall faithfully perform said work · n accordance with ~he plans, specifications and contract documents, including any changes, extensions, er guaranties, and if the principal shall repair and/or replace all defects due t6 faulty materials and/or wo~km~nship that appear w~Lhin a period of one (1) year from the date of complet{on and acceptance of improvements by the City, then this eb]igation shall be ,~oid; otherwise ~o remain n full force and effect_ PROVIDED FURTHER, thai il! any legal action be filed on this bond, ver~ue shall lie in Nueces County, Texas. And that said surety £or value ~:eceived hereby stipulates that no change, exterlsien e/ time, alteration er addil ion to the terms of the conlrdct, or to ti~e work performed thereunder, or the plans, specifiDatiens, drawxngs, etc., accompanying the same shall in anywise affec% its obligation on this bend, and it does hereby waive notice ef any such change, extension of time, alteration or addition te the terms of the contract, or ~o the work to be performed thereunder. Page 1 ~f 2 This bond is given [o' meet ~he requirements of Article 5160, Ve:non's Civil Statutes of Texas, and other applicable statutes of the of Texas. The andersigned agent is hereby designated by the Surety herein as th~~ Agent Resident in Nueces County ~o whom an,, requisite notices may be ~d and on whom sezvice of process may be had in matters arising ou ,~ such surehyship, as ~revided by Art. 7_19-1, Vernon's Texas n ;u~ahce Code. IN WITNESS ~EREOF, this instrument is executed in 4 copies, each .u , [ whlch shall be deemed an original, this the 8TH day of __, 20 05 PRINCIPAL ,GARRETT CONSTRUCTION COMPANY dON d. G PRESIDENT (Prin~ Name & Title! (Prim~ Name) SUI~ETY INSURANCE COMPANY O? THE WEST INDEPENDENCE CASUALTY & SURETY CO. By:. . .~ s e Attorney-in-fact ~RY ELLEN MOOP~E {Pr]n! ~T~me) ~h~ Resident Agent of the Surety in Nueces County, notice and service of process is: Agency: Contact Person: Address: Phone SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O_ BOX 8?0 CORPUS CHRISTI, TEXAS 7~403 361-883-[711 for delivery of Page 2 ~f 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF NUECES § BOND NC). 2165504 KNOW ALL BY THESE PRESENTS: THAT Garrett Construction ComDanv of SAN PATRICIO County, Fe:<a~., hereinafter called "PrincipaJ", and INSURANCE COMPANY OF THE WEST * , i o~poration organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter a Led "Surety", are Ple]d and firmly bound unto the City of Corpus ~hu~sti, a municipa~ corp©ra%ion of Nueces County, Texas, hereinafter called "City", and unto all ~e~sons, firms and corporations supplying labu~ and materials Jn ~rosecution of the work referred to in the at! <ached contract, ill the penal sum ~f ONE HUNDI~ED TWENTY-SIX THOUSAND, NINE HUNDRED SIXTY-FOUR AND 60/100 ($126,964.60) DOLLARS, lawful money of the United States, tn be paid in Nueces County, 'Fexas, for the payment of wh ;P. sum well and truly to be made we bind ourselves, our heirs, ex~ cL~tors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUC~ THAT: Whereas, the ~ ,p,~l entered into a oertain contract with the City of Corpus ~s~.J, dated ~he 17TH day MAY , 20 05 , a copy ef which is hereto a~!ached and made a part hereof, for the construction of: SAND DOLLAR PUM1~ STATION PAVING & LANDSCAPING - PROJECT NO. (TOTAL BASE BID: $126,964.60) 8536 NOW, THEI~EFORE, if the pr{ncipal shall fai{hfully perform its duties and make prompt payment to all persons, firms, subcontractors, ce~pouations and claimants supplying labo~ and material in the p~secution of the work provided for in said contract and any and all duly aothorized mod] fication ef said contract that may hereinafter be ma~le, notice of whi<~h modification to the suuety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full fo~,~e and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall ]ie in Nueces County, Texas. And that said surety £o~ value ~eceived hereby stipulates that no change, extension of time, a teration or addi tion to the terms of the cot ~;ract, or to the work performed thereunder, or the plans, speoifications, drawings, otc , accompanying the same shall in anywise af,~ect its obligation on this bend, and ~t do~s hereby waive notice of ~ snch change, extension of hime, a!~eration or addition to the terms ,':f ~h~? -ontract, or ~o the work to be performed thereunder. INDEPENDENCE CASUALTv & SURETY Pa }~nent Bond Page 1 of 2 fhis bond is ~iven to meet the requirements of Article 5160, Ve,non's Civil Statotes of Texas, and other applicable statutes of the State of Texas. The te~ms "Claimant", "Labor" and "Material", as used herein are in accordance with arid as defined in said Article. The undersigned agent is hereby designated by the Surety herein as ~. [, Resident in Nueces County to whom any requisite notices may be de~=~e2.~d and on whom servLce of process may ge had in matters arising ou~ ~ s:~ch suretyship, as p~ov~ded by Art. ~.19-1, Vernon's Texas Inxu~nce Code. IN WITNESS WHEREOF, this [nstrument is executed in 4 copies, each ~ ~n~ch shall be deemed an original, this the 8TH day of , 20 05 PRINCIPAL GARRETT ceNSTRUCTION COMPANY By: /' JON J. GANTT, ~RESIDENT (Prlnt Name & T~tle' Seeret~ry (~nh Name) SURETY INSURANCE COMPANY O~ THE WEST iNDEPENDENCE CASUALTY & SUP~ETY CO. AttorneV in-fact MARY ~LLEN MOOP~E ,Print Name) The Resident Agent of the Surety in Nueces Countv, Texas, for delivery of notice and service of process is: Agency: Contact Person: AcLiress: Phone ~mher: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P_O_ BOX hq0 CORPUS CHRISTI, TEXAS 78403 361-88 }-1711 Page 2 cf 2 ] HE EXPI,ORER INSU~NCE COMPANY ]NDEP} NDEN('E CASUALTY AND SURE FY (OMP\NY Jolm I I lannum. ExecuLive VicePre~iden[ MARY COBB I.C.W. GROUP Inmrauce Company c~ Tlae X~Zest The ~1o~ I~c, Comfy P.O. BOX ~, S~ ~ ~ ~1~ (~) ~-2~ F~ (~) ~ ~.1~.~ Bond Numbeg. 2165504 Terrorism Risk Rider This rider naa~ssen the r~qui~ments of tl~ Terrorism Risk Insurnnce Act of 2002. In nccordnnce with the above Act, we ar~ providing this disclosure no~ce for aH boncln on which one or mor~ of th~ above identified compnniea is a surety. Coverng~ for certified acta of terrorism Is included in the at're:heal bond and will be partially reimbursed by the United Stnt~ under a formula esmblLshed by the Act. The United Stnt~.4 will pay 90% of coven~d tern:a'ism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on thia bond exc~d ttm limit of liability undm' thin bond. This rider does no~ provide coverage for any loss that would otherwise be excluded by the terms of Otis bond. The portion of the premium, for this bond, at~ibutable to coverage for certified acts of t~rroriam under the Act is Olle Doll~ ISl.(K)). Important Notice: The cost of terrorism coverage k subject to change on any bond that premium is charged annually. ~ ?_,' CHY OF CORPUS GHRb~TI D)$CLOSUR~ OF INTERESTS C~ al Cc rpus Chris~ ©rdinar,b'e 1 7 ~,~: ~ amended, require ~ al~ persons or f, rn '~ seeking tO do bus~nessw~th the Ci~ to provide ~t e following inr,: waMn E'*~rF nuestion mus( be an~ ~emJ If the (luest,o~ is not ap0h~blo answer~th "NA" PIR~NAME . _. STREET~% yv2q a.~R~s'~',.~ ....... ,~' FY: ~..%N~,S~pE _~ ZIP: ?8362 ~ Other IJ I:F,C-L O.S U~ E C fl~.$1'lOhlS State [h{~ ~1 ~qrllf',~; (if ,:,ach "em~ I,z~'e ~¢ ,it the C~ of C0~' us Chri~di hAvlnB a n 'o'a'ne~hip i.terest" cunst~utin9 3°4, r)r I~orl~ of th~ ,:,,~ rltl mhi~ in ~h,~ ;Ibove named 'f:~ n/ __ ti/a . . . the ~1i'1m¢¢$ o! [,;- ch emp!o!£,3 ~ or officer of a 'comlultant' Cot the Git1 of Corpus Ch~isli ~ho wor~ ed on CEI4. FIFlqAI E PRESIDENF 2_~OZ 'F Dt~FINI [ [()NS h~," be" A r~.mber o' ~ny i;o~r,~ commission c r cornm ':lee appomled by the G~ly Council of the D,ty of ~ /'::~yperso~4~rr, plcce:d , I~(;,lyof(.:(:rs, us hristl ]¢xas eltherOr,'alullorpadt;rneba$i~,,bul~olas A / ~[it'.,' operated fcr i?c)rorr'~c ga~r~ whe! ~;r prole_~,s,onal, .~d'.sPi~l or com"nercial and w'~ether .- ! ~o produ~;~~- or deal ,.'/~th ~-, F-'¢ ;d;l('! fir ~erwce i -clbding but no[ lirrli( !~ to, entities operalec in the f'~rm of' Assistant Swantner & Gordon Ins. Agency P. O. Box 870 Corpus Christi TX 78403-0870 Phone:361-893-1711 Fax:361-844-0101 Garrett Construction Company; v/ Live Oak ~aterials, Inc ; Gerrett Marin~, Inc. P. O- Box 1028 Ingleside TI[ 78362-1028 CERTIFICATE OF LIABILITY INSURANCE CSR' S GA.R.~ - 3 06/08/05 THIS CERTIFICATE IS ISSUED AS A MA i I t::R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE .. RSUI Indemnity Company Oklahoma Surety Co. ~NSURE~D Texas Mutual Insurance Co. COVERAGES A X X~ co M~ERCIAL S ENERAL UABILITY 04GL000556404 I 07/26/04 07/26/05 ~ POLICY ~ jIjl~T C X X ANY AUTO 06TX002906463 07/26/04 07/26/05 - ~ x~ oo~ []o~,~^o[ i~u0266~ 0,/26/04 0,/26/05 ~mNTIOn ~ 10,000 ~.LOYEF~S' gi*,~Lrn' TSF0001080533 07/26/04 07/26/05 E Equipment Floater QT660492D2735 07/26/04 07/26/05 Leasec~Rented Equip Project No 8536: Sand Dollar Pump Station Paving & Landscaping. · he City of Corpus Christi is na~ed as Additional Insured on all General Liability and all Automobile Liability policios. NAIC # Emp Bene WC STATU- EL EACH ACCIDENT EL D~SEASE EAEMPLOYEE $1,000,000 sl00,000 sEXCLUDED $1,000,000 ~2,000,000 s2,000,000 1,000,000 ~,000,000 ~1,000,000 ~ 1,000,00D $ $500000 $500000 s500000 $2500 $250000 CERTIFICATE HOLDER City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi TX 78469 CANCELLATION CICC-CO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cedificate does not confer rights to the cedificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cednScate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) COMMERCIAL GENERAL LIABILITY Tills ENDC, RSEMENT CHANGES THE POLICY - PLEASE READ 1T CAREFULLY ~ADD1TIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) Flus endorsement modifies insurance provided under the following: ~/'COMMI!RCIAI GENERAl_ LIABILITY COVEKAGE PART Name of Person or Organization: Ci~' of Corpus Christi Department of Engineering Services Atln: Contract Adminish-alor P. O. Box 9277 Corpus Christi, Texas 78469-9277 SCHEDULE (lfno entry appears above, information required to complete tiffs endorsement will be shown in the Declaration as applicable to this endorsement } WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Named lrksured: Garretl Construction Company Policy Number: 04GL000556404 ~ Fffective Date of Tkis Endorsement: 07/26/04 &utbonzed Representative: Name (Printed): R.M. Lee Title (Printed): Managing Partner ATTACHMENT 2 GL201011 85 1OF2 TE 99 0lB ~ADDIT1ONAL INSURED This endorsemenl modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FOIt3,1 TRUCKERS COVEKAGE FOR31 This endorsement changes the policy ell~ctive on the inception date of the policy unless another date is indicated below: Endorsemenl Effective Policy Number 07/26/04 ~/ 06TX002906463 ~'/ Named Insured Garret, Construction Company Countersigned b y'/'O~ (Authorized Representative) The provisions and exclusions that apply to I,IABILITY (?OVERAGE also apply to ti:ds endorsement. Additional Insured: City of Corpus Chrisli Dept. Of Engineering SetMces Atln: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 iS all insured, but only with respect to legal responsibility, for acks or omissions of a person for whom Liabihty Coverage is afforded under this policy. The additional insured is not required to pay for auy premiums stated in the policy or earned from the policy, g.ny return prenfiurn and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy If the cancellation is by us, we will give ten days notice to the addilionol insured FEe additional insured will retain an3' right of recover3' as a claimant under this policy. FORM TE 99 0lB - ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19, 1992 ATTACHMENT 2 2 OF2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMEN] CHANGES THE POLICY - PLEASE READ IT CAREFULLY ? TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE [his endorsement modifies insurance provided under the following: .~ COMMERCIAL GENERAL LIABILITY ('OVERAGE PARI LIQUOR LLM]ILITY COVERAGE PART O%q',IERS AND CONDL&CTORS PROTECTIVE EIABILITY COVERAGE PART POLLUTION LIABILYIW COVERAGE PART PRODUCTS / COMPLETED OPEILAT1ONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the evenl of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, we a~ee to mail prior written notice of cancellation or material change to: CJI3' of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P- O. Box 9277 Corpus Christi, TX 78469-9277 Number of days advance notice: THIRTY (30) Named Insured: Policy Number: Garrett Construction Company 04GL000556404 ~ Effective Date of This Endorsement: Authorized Representative: 07,'26/04 Name (Printed): R.M. Lee Title (Printed): Managing Partner ATTACHMENT 3 CG0205 (11/85) 1 OF 3 CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Dfis endorsemen! modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TE 02 02A 07/26/04 q/' Named Insured Garrett Construction Company This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number 06TX002906463 Countersigned by~~ (Authorized Representative) THIRTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change City of Corpus Christi Dept. Of Engineering Services Atln: Contract Admlnlstratns P. O. Box 9277 Corpus Christi, TX 78469-9277 Authorized Representative: ~/~g Name (Printed): R.M. Lee Title (Printed): Managing Parmer FORM TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed November 1, 1987 ATTACHMENT 3 2OF3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (ED. 7-85) '1 EXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Ihis endorsemenl applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Infomlation Page. In the evenl of cancellation or other material change of the policy. ,.xe ,,:'ill mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. INs endorsement shall not opel ate directly or indirectly to benefil anyone not named in the Schedule. I Schedule Number of ~rs advance notice: 30 Notice w'ill be mailed to: CI~, of Corpus Christi Department of Engineering Services Altn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 Fhis endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only x:hen this endorsement is issued subsequent to preparation of the policy.) ['ndorsement Effective: 07/26/04 Policy No. Insured Garrett Construction Company ~ Insm ance Company Texas Mutual Insurance Co WC 42 06 01 TSF0001080533,~ Endomeme~ No. Countersigned By: Name (Pnnted): ~ Premium $ i~d R. M. Lee ted. 7-84) Title (Printed): Managing Palmer ATrACItMENT 3 3 OF3 GENERAL ENDORSEMENT