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HomeMy WebLinkAboutC2006-458 - 10/17/2006 - Approved 1,- ,: I I I I I I I I I I I I I I I I I - H S PEe I A L P R V I S _ S PEe I FIe T ION S AND FOR M S S AND O. F CON T RAe FOR I BONDS MUSEUM FIRES"PRESSIoN PHASE I PATTERSON ENGINEERS, INC. 723 North Upper Broadway, Suite 40 Corpus Christi~ Texas 78401 361-882-0601 Fax 88 -0602 FOR DEPARTMENT OF ENGINEERI ~ SERVICE CITY OF CORPUS CHRIST_, TEXAS Phone: 361/880- 500 Fax: 361/880- 501 I PROJECT NO: 4320 I DRAWING NO: PBG-687 (Revised 7/5/00) MUSEUM FIRE SUPPRESSION, PHASE 2 Table of Contents NOTIC. TO BIDDERS (Revised 7/5/00) NOTIC. TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTIC. TO CONTRACTORS - B (Revised 7/s/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPBCIAL PROVISIONS , A-I A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-ll A-12 A-13 A-14 A-1S A-16 A 17 A-18 A 19 A-20 A-21 A-22 A-23 A-24 A 25 A-26 A-27 A-28 A-29 A-30 A-31 A-32 A-33 A-34 A 3S A-36 A 37 A-38 A-39 A-40 AU Time and place of Receiving Proposals/Pre-Bid Meeting Definitions and Abbreviations Description of Project Method of Award Items to be Submitted with Proposal Time of Completion/Liquidated Damages WOrkers Compensation Insurance Coverage Faxed Proposals Acknowledgment of Addenda Mage Rates (Revised 7/5/00) Cooperation with public Agencies (Revised 7/5/00) Maintenance of Services Area Access and Traffic Control Construction Equipment Spillage and Tracking Skcavation and Removals Disposal/Salvage of Materials Piield 9ffiee Schedule and Sequence of Construction Qeas~.ue~iea prejeet Layeu~ aad Ceatrol Testing and Certification Project Signs Minority/Minority Business Enterprise Participation Policy (Revised 10/98) Inspection Required (Revised 7/5/00) SUrety Bonds 9II.les Tax ElEelftlltioB' NO LOIfGBR APPLICABLB (6/11/98) SUpplemental Insurance Requirements Responsibility for Damage Claims Considerations for Contract Award and Execution COntractor's Field Administration Staff _ended "Consideration of Contract" Requirements Alnended Policy on Extra Work and Change Orders Alltended "Execution of Contract" Requirements Conditions of work Precedence of Contract Documents Gity Water Faeilitiee ~~eeial Re~ireffieats other SUbmittals (Revised 9/18/00) ~eftde. "AFra&~effieBt aad Char~e fer Water Furaished by the City" WOrker's Compensation Coverage for Building or Construction Projects for Qovernment Entities Certificate of Occupancy and Final Acceptance ~n~t to Section B-8-6: Partial Estimates geeac Mvisery A-42 A-43 A-44 A-45 J-. 1 €> .7).. i 7 A-48 A-49 OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) Change Orders (4/26/99) As-Built Dimensions and Drawings (7/5/00) Bispeeal at Highly Cklariaateel Water (7,'S,'OQ) h"e geBstruetiea BiEplerater} Bltea.atieBs (7/5/0Q) Overhead Electrical Wires (7/5/00) Amend "Maintenance Guaranty" (8/24/00) PART B GENERAL PROVISIONS PART C PBDERAL WAGE RATBS AND REQUIRBMBNTS PART T TECHNICAL SPECIFICATIONS 15010 15058 15060 15075 15330 Mechanical General Provisions Access Doors Hangers and Supports Mechanical Identification Wet Pipe Fire Sprinkler Systems LIST OP DRAWJ:NGS 1 2 3 4 5 Title Sheet Plumbing Notes and Symbols North, Center, and South Wing ~ First Floor Center Wing- Second Floor & Lay-down Yard Location Access Paths - First Floor NOTICB AGREBMDn' PROPOSAL/DISCLOSURE STATEMENT PBRFORIIANC8 BOND PAYMBNl' BOIID "" :; ~ ,; ~ ...... .- .'-~' -- ,......... .-., "~..,,,,._-"- NOTICE TO BIDDERS _...."'.>'-...'~._...."_......,.,_.,_,_..."__.".. _.....e..._ ,..___ ._,_,-._-..,._"_,,,. ._ ,_-, ._.._....__...... '1Ji . ... NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: MUSEUM FIRE SUPPRESSION, PHASE 2; consists of the expansion of the existing wet pipe fire suppression system at the Corpus Christi Museum of Science and History to provide sprinkler protection for all remaining building spaces not currently sprinklered. All work shall be phased, coordinated with Ci ty Staff, and performed to avoid disruptj on to normal bu i lding act i vi ties, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2;00 p.m. on Wednesday, Septeqber 20, 2006 and then publicly opened and read. Any bld recelved atter closlng time will be returned unopened. A pre-bid meeting is scheduled for 10 a.m., Wednesday, September 13, 2006 and will be conducted by the Clty. The locatlon ot the meetlng WITT be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return ln good condltlon within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive Lrregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Rp"lsed 7/5/00 NOTICE TO CONTRACTORS - A ~ .-,. "'--~ -- _...~"....,..... ..""- ."".":."..n-_."""'...,_,c,....,-"'.....,,.. _....___.___.._ NOTICE TO CONTRACTORS A INSURANCE REQUIREMENTS Revised May, 2006 A Certlficate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF IHSURANCE MINIMUM INSURANCE COVBRAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1 Commercial Form 2 Premises - Operations 3 Explosion and Collapse Hazard 4 Underground Hazard 5 products/ Completed Operations 6 Hazard 7 Contractual Liability a, Broad Form Property Damage 9. Independent Contractors 10. Personal Injury AUTOMOBILE LIABILITY- OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RKNTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $2,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE 0 REQUIRED Not limited to sudden & accidental X discharge; to include long-tern NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements [J REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements 0 REQUIRED X NOT REQUIRED Page 1 of 2 --_"'--_'__',.-=.~-,.._.-_.... .-"-,, -"'" TLe City of Corpus Christi mLst be named as an additional insured on all coverages cxcpp wenker's :-:()mpens,tion 1 i3.ti Ii ty coverage. .... The name of the Project must be Listed under "description of operations" on each ( eri i .cieate of insuranc. For eac::[ ct pp 1 i cab 1 e 30 ::la y 3 , :)verage. Ilsurdnee feo'. ions insuraLce Cc verage, ti1f> Contractor shall obtain an endorsement to the insurance po icy, slgned by the insurer, providing the City with thirty prior 'drittfn ,loti ~e :'( cancellation of or material change on any The Cnlltrac or she 1 provide to the City the other endorsements to Dolicies or c~veragEs which are specified in section 8-6-11 or Special sectior of tIE c:;nt 3.ct ...., ccmplet e] "Disclosure of Interest" must be submitted \-1i th your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500 "'" ..... ...., Page 2 of 2 't NOTICE TO CONTRACTORS - B ......' _ .~. .___ _., ~,., .,....". "__"~'__'''_'' .'._.',""._.m_ ._ NOTICE TO CONTRACTORS B WORE? 's CO:':PE!\SATION COVERAGe: FOR BUILDING G~ C2NSTRUCTION PROJECTS FOR GCVE~J~ENT ENTITIES 7exas law requi=es that ~ost contractors, subcc~t=~ctors, and othe=s ?roviding work or serv~ces for a City building c= construction prc~ec~ ~ust be covered by worker's compensation insura~ce. authorized sel:-:~surance, or ~n apprcved worke='s compensat~c~ coverage agree~e:-~t . Even if Texas law does ~ot require a contractor, subcontractor or othe=s performing project services (including deliveries to the job site) ~~ provide 1 or the 3 forms of worker's compensation coverage, the C~~y will require such coverage for all individuals providing work or ~er'.yices on this Project at any time, includi:lg during the mai:::::e~ance guarant:y period. :'~otor carriers which are required to reg~E:::er with the Texas Depar=~ent: of Transportation under Texas Civil Sta~~tes Article 6675c, and which provide accidental insurance covera~e under Texas Civil Statutes Article 6675c, Sect:~on 4(j) need not: ~=ovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees C~ comply with all applicable provisions of T:=xas Administrative Code 7itle 28, Section 110.110 r a copy of whict is attached and deemed i~corporated into the project contract. Please ~ote that under secticn 110.110: certain language ::;ust be included in the Contractor IS Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contract:or :.s required \:0 submit ::0 the City certificates of coverage for its employees and for all subcontractors and others providing services on the proj ect. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor lS required to post the requi~ed notice at the job slte. By s~gning this Contract, the Contractor certifies that ~::: will timely com;;l.... '.."ith these Notice t.o Ccnt:::-actors "B" =equirement:s. NOTICE 7C CONTRACTORS - B (Rev~sea 1/13/96' Page 1 of 7 8/7118 ~~,"_~"'~'''''_'_O'_",_"",,__,__, _.._- '0_._. _._e.,.._. _c. '~___'" .__ __. _.0 ..---._> _.___ .,> 1 . _ :-~~e 1 ~~ C Title 28. L~SLR.\.."1('E Part II. TEX.A.S \YORKERS' CO\-1PE~SATION COylMISSI00 Chapter 110. REQUIRED NOTICES OF COv"LRAGE Subchapter B. E:\1PL01'ER 1\OTICES ~ 110.110 Reponing Requirements for Building or Constnlcrion ProjectS for Governmenul Entities (a) The foUowing words and terms, when used in this ruie. shall b.ve the foUowing meanings, unless the context deuly inciicates otherwise. Te:m.s not defined in this ruie shall have the rne.aning de5.ned in the Texas Labor Code, if so defined. .." (1) Certlfi~te of cove:G.ge (ce~iiiczre'-.~_ copy or a ce~.iliC3.te cr- !.nsurance, .1 certiiicate cf authority to sell-insure :ssued by the ccm.rrussicn, cr a workers' ccmpe:1Saccn coverage agreement (1WCC-81, TWCC-82. TWCC-83, or nVCC-S4), showing statutory workers' compensation insurance coverage for the person's or entity's employees (induding those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or consuuCt:on-Has the me2.!'.ing defined in the T~xas Labor Code, S 406.096(e)(l). (3) Contractor-A person bidding ror or awarded a building or cOOlStrUction project by a governmental entity ( 4) Coverage- \V orkers' compensation inS'...:rance meeting L~e statutory requirements of the Texas Labor Code, S 401.011 (44) (5) Coverage ~gree:nent-A wriue:1 :!g:ree::lem on form TIVCC-o 1, form TWee-S2, fonn nVeC-S3. or form TWCC-84. filed with the Texas Workers' Compensation Commission which establishes a relationship between the parries for pwposes of the Texas Workersl Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duratioo otthe project-Includes the tlnle .from the beginr..ing oiwork on the project until tl:e work on the project h2.S been campie~ed ~.:1d acce;m:d by the govem..nental entity. (7) Persons rroviriing services on the proje~ (" subcontractor" i...-: 9 ~06.096 of the Act)- \Vith the exception of persons exduded under subsections (h) and (i) of this section, includes all persons o~ entities performing all or pan of the services the contractor has undena.1cen to perfonn on the proJec-..., regardless or whether tn::.t pe:-son contra~ed directly with the contractor and regardless of whether that person h3.5 emoiovees. Tr.is inciudes but is not limited to inde:Jendent contractors, subcomractors. leasing companies, 'm~tor carriers. owner-operators, employees of any such entiry, or employees of ?.IlV entity furrjshing persons to perfonn se:-vices on the project. "Services" includes but is not li.....,teci http://v.'\VVI scsst~te tx~S/tac/:23/11JlI01B1110 110 htm1 :IOTICE TO CONTRACTORS - - Revi.sed 1/13/961 Page Z ot 1 817/98 ..... 0 i-. -,) Page 2 C~- ~ ';~. ,,",~..-...-.~.-.... ~-~." - ...'ID::.' "...., rT"1 r,-r ~-'7"'n_..,' . .....9""..... .. l' . .~ L.n" '. ....:';. .__ung, o. '"'--' ermg e~ulpl..e.._ cr '..-.-. .~s. or :-' '- \lomg aoor. :,:L"1SDC:-:2::Cn.. or oth~~ se~~::::; ~:;:2:e:: to 2. proJec:.'::;e:-vices" does not L:::;:.;::e 2.qI\~~:e~ '-":-.:-ei.1ted to the oroie:::.. s:..:ch as rood""::;e',~~:.;e ';endors. c~ce suppiy deliveries. c.:::: ce!ivery of ;:,or..zole toilets. ' - (8) Prc.ie:::-ic:cludes the crc"1sion of all services re:2.~ed to a ct.:ucirlg or cOnstruC7Jon c;:;:::ract for a gover7'...-::e:::~ e:1Utv (b) Prcvioir:g or causing to be provided a certificc:e or' coverage pursuant to this rule is .1 represe::!2~C:: by the insure:: :bat all employees cf :he insured who are providing services cn the proje~ ~e c~'.'ered by workers' compensation coverage, that the coverage is based on proper reponing of cl25siiication codes and payroll amoums, 2.1ld that ail coverage agreements have been filed with the apFropriate insurance carrier or, in the C2.Se or a self-insured, with the commissioo's Division of Se!f~Insura.:,ce ReguiatioI'_ Providing false or misie.2ding ce:-ri.!1cates of coverage, or failing to provide or caimain required coverage, or failing to report any c:-..ange that materially aiIe~..s the provision or coverage may subject the contractor or other person providing services on the project to admir..isL-z.::ve Fena1!ies, criminal penalties, civil pe:laities, or other ci.."il action.s. ( c) A gover:-....-=e:1tal entity tl:a. enters into a buildL~g or consrruc-...:on contract on a projec:: shall: (I) inciude ir. t.1e bid speciiications, all the provisior..s of paragr2pn (1) of this subseqion, L:sing the language required by paragraph (7) of this subsec::icr..: (2) as pan otL1e contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain zc;n the contra~or a certificate of coverage for each person providing services on the project. prior to that person beginning work on the project; (4) obtain frem the contractor a new certificate of coverage showing extension of coverage: (A) before rte end of the C'~ent coverage period, it t.he contractors current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no iater ..t.-:>n seven days L'1:er the expiration oftbe coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain cemncates of coverage on file for the duration of the project and for three years thereafter, (6) provide a copy of the ce:-iiicates of coverage to the commission upon request and to any person entitjed :c them oy Jaw; and (7) use the la.o:guage containe~ in the folIov.ring Figure i for bid speciiications and contrac:s, ',J,.ithout any additional words or changes, except those required to accorr.moaate the specific document in which they ar~ contained or to impose stricter standards of docur:1emation: T28S 110 11 0(c)(7) tbl http://W'NWsosstate_tx.usllac/~31I1I1101B!l10] 10.htIrJ HOTIC& TO CONTRACTORS - 3 Revised 1/13/98) PaQe 3 of 7 8/7/98 _._,"~......,.,.".=,..,.",,<.,...,.~..<........ ..-.... -_. ....-.-...,-.-..-...-.. .""----..--..- .--...--<". ._"............ =-,T:\C1l0.110 Page j of6 :) A comractor shall. 1) provide coverage for Its empicyees ~roviding services on a project, fc: t..:':e duration of the projec~ :2.Sed on proper- repor.:mg of class:..::;::::.::on codes and p2.)TOU amounts a..-:c ::.::::g or any coverage 3.g:reements; 2) provide a certificate of coverage snowing workers' compensation coverage to the governmental ~:ltity prior to beg:innL~g work on :he ;:'foject; 3) provide the governmental emir:,', F;:or to the end of the coverage period. a new certificate of :overage showing eXtension of ccverage, if the coverage period shown on the contractors current :ertificate of coverage ends during the duration of the project; . (4) obtain from each person providing services on a project, and provide to tb.e governmental entity: i A) a certificate of coverage, prior to that person beginning work: on the project, so the governmental ~~tity will have on file certificates or coverage showing coverage for all pe:-sons providing services on '.,":e project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current cettiiicate of coverage ends during tbe duration of the project; (5) retain all required cemficates 0 f coverage on file for the duration of the project and for one year thereafter, (6) notify th.e governmental entity in Miring by certified mail or personal delivery, within ten days after the contractor knew or should have irJ1own, of any change that materially affects the provision of CDverage of any person providing servi~s on the project; (7) post a notice on each project s:Ie informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, 'Mthout any additional words or changes: REQUIRED WORKERS' C011PENSATION COVERAGE "The law requires that each person working on this site or providing services re!ated to this constrUction project must be cove:-ed by workers' compensation insurance. "[:-i5 includes persons providing, bauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Conunission at 512-440-3789 to receive information on the legal requirement for coverage, to veri.J:Y whether your employer has provided the required coverage, or to report an employers failure to provide coverage. " r:np:/lwww sos.state.tx.usltad28fIl11101BIlIO.110.html NOTIC~ ~o CONTRACTORS - B Revt$ed 1/13/98) Paqe 4 of 7 817/98 2S L:"C ~ ~ .) 110 r'age 4 or 6 (8) cc::~:-ac:uaily rec~u-e ~-:~ :)e:-scn wun 'wr.er.. :: contraC:3 :::: ;::-o'\ide services c:: ~ :;oject to: -, . (A) provide coverage oasd on proper reponi:lg of classification codes 2.!1d payroii ar::ounts and filinsz of any coverage ag:ree~e:::s for ~ of ::5 e:npieyees proviotr.3 se:-,:ices en the projec:. for the duratio~ of the project; (B) prc;'\ide a certificate O~- coverage to the com:2.ctor prior to that person beg:inni:~g ',vork on the proJec:: (C) induce in all conuac.s .0 provide services C:1 the projec: :.~e ianguage in subsec-..icn (e)(3) of this sect1on: (D) provide the contrac:c;-, prior ~o the end of.he coverage period., a new ceniiica:e orcoverage showing eXtension of coverage, if the coverage period shown on the current certi.:iicate of coverage ends during the duration of the project; (E) obtain from each othe:- person with whom :: comrac:s, and provide to the cor.:rac:or: (1) a certificate of coverage, prior to the Other ~e:-son beginn.i",'g work on the projec:; ::""ld (ri) prior to the end of the coverage period, a new certificate of coverage showing eX!e:-.sion of the coverage period, if the coverage period shown on the curren! certificate of coverage ends during the duration of the project; (F) retain all required ceriiicates of coverage cn file for the duration of the project a:~d for one year there:iller, (G) notify the governmental entity in writing by certified mail or personal delivery, v.;thin ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) comraaually require e.:1cn other person with whom it contra(7..s, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting or classification codes and payroll amounts and filing of any coverage agree~e:lts~ (2) provide a certificate or~ coverage as requird by its contract to provide services or. the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "Sy signing this contract or providing or C3.Using to be provided a certificate of coverage, the person signing this contract is representing to the goverrunental entity that all employees of the person signing this contrac: who will provide services on the project will be covered by workers' compensation coverage ht1pj/\\~.vwsos.state.tx.usJtacJ28m;110/B1110.110.htrnl NOTICE TO CONTRAC.ORS - 8 Revised 1/13/991 paqe 5 cf 7 8n /98 t'age ) or 0 ,",,0 ..--......\",.0 .i. .L-~; l.lV for d:: i~;-ation of t..~e oroiect, that the cc';erage will be ::!..Sea on proper reporting of classification codes and payroil ar::o~nt;, and that ail coverage agreeme:::s ','viiI be filed with the appropriate insura::c: ::zrier or, :..-: the case of a self-ir.scred, with the commission's Division or Self-Insurance Rem:iation. Providing false or misleading i.~.fonnation may subject the contractor to administrative pe;2lties, criminal Fe::.alties, civil penalties, or other civil ac-..:ons." (4) provide the person for whom it is providing services on the project, prior to the end of the CQveage period shown on its current certifi.cate of coverage, a new certificate showing extension of coveage, if the coverage period shown on ~he certificate or coverage ends during the duration oithe project; . (5) obtain from each person providing services on a proje~ under contract to it. and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period. a new certificate of coverage showing extension of the coverz.ge period, if the coverage period shown on the current certificate of coverage ends during the duration of me projec:; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (7) notify the govem:nental entity in writing by certified mail or personal delivery, of any change that materially afiect.s the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contracrually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing ofany coverage agreementS for all of its eoployees providing services on the project, for the duration of the project; (B) provide a certiiicate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (0) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverase period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) OOtall from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certt;icate of coverage, prior to the ocher person beginning work on the project; and (n) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of cove~ge ends during the hnp:l/wwwsos.state.tx.usltad281IIf110fB/110.110.html NOTICE TO CO~CTORS - B Revised 1/13/981 Paqe 6 of 7 817/98 861U8 L )0 L a61'd 1B6/0n P:J~~^~~ ,j SllO~::>V"lUNO::> O~ 2:lI.LON fW140 I [.0 I llWD I I/IIJ8Z,r:>l!lfSn"xl";)1l!lS'SOs'M.M.I\'\//:dnq xO)pnI nop;)~s Ol U.IIll;J}J '6098 g.,)pQ~ OZ 'S661 '9 Jc>qWdAON ~A~.lP c>q 01 ~pUdtm ~HLS 8dlJ]Q ~ 61 '1766 I '1 JdqtndlcdS Q^~l1Q Qq 01 pdldop-e 01 I '0 II ~ S1tP JO SUO!s!AoJd ~tU :;J:UDOS . 9661 'I Ammm r JdYl! .10 uo pdldC>U;>.1 JO 'AldAnc>p JOJ p;msS'! 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A!f2;...nGUlIEql daO"etp AIm JO 1lA\otDf aAEq Plnoqs JO h\dtDf uos.;;)d ;)tJ1 Jdy-e SAl!p Ud1 U!lJl!^\ 'A.taA!PP re-'JosJad JO f!Ew p:lmu:l:> ,.(q 3U!1!-1M 111 ..u~;;a re:~dmwaAo~ dtp ipIou (0) :;d~Jdlp ffidA dUO JO] PL''2 ~aroJd aq1 .~O uO!ll!Jnp dIp JOJ dill uo aaBJaAo:>.IO S;;:~?d:> pa1!nbdJ If<? ~laJ tD :~lUlUO:) at;:.Io UO!ll!Jnp 9]0 Q al}'Ed () I 1. () i 1 IV 1 >:-:" P ART A SPECIAL PROVISIONS -.....~ ,.- _.- ._," ..~ ".....,.,.. .=- --~~. -';""""-'-'. .,- "- ..-!>........--......-..........+'..-..-.-.-............ .,-. --, .~_.._- ---- '-'-'-'" "--.-,. ..-.....---,.... .-.- IlUSEOII P:IRE SUPPRESS:ION, SECTIOH A - SPBCIAL PROV:ISZORS A-I T~ and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.a., Wednesday, September 20, 2006. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 AT'1'8: Bm PROPOSAL - IIDSBUK I"ZRB SlJPPRBSSZOR, PHASE 2 A pre-bid meeting will be held on Wednesday, Septeaber 13, 2006, beginning at 10:00 a.a. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 DefinitiODS and Abbreviations Section 8-1 of the General provisions will govern. A-3 D..cription of Project The expansion of the existing wet pipe fire suppression system at the Corpus Christi Museum of Science and History to provide sprinkler protection for all remaining building spaces not currently sprinklered. All work shall be phased, coordinated with City Staff, and --performed to avoid disruption to normal building activities. in accordance with the plans, specifications and contract documents. A-4 M.~d of Award The bids will be evaluated based on the following priority order, subject to the availability of funds: 1. 2btal Base Bid, or 2. ~otal Base Bid plus the Additive Alternate No.1. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-S It... to be ~tted with Proposal The following items are required to be submitted with the proposal: 1. S~ Bid Bond Proposal) (Must reference Pro;ect .--9 as identified in the (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement Section A - SP (Revised 12/15/04) Page 1 of 22 -' ,.-"... ,.-.,--.,-.....-.;--- .~,_.,-___" ._. '~_'., '......."...,., ._.. _~'."'_"'O __.... A-6 T~ of Completion/Liquidated Damages The working time for completion of the Project will be 120 calendar days for the Bas. Bid, and an additional 30 calendar days for the Additive Alternate Ho. 1 (if awarded). The Contractor shall commence work within ten (lO) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. B... Bid Additive Alternate No. 1 120 Calendar Days 30 Calendar Days For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $250 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Bngineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Wo~kers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers I compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the proj ect until the date replacement workers' compensation insu'rance coverage, meeting the. requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-a Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Ac)qaowledgaent of Addeuda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of Section A - SP (Revised 12/15/04) Page 2 of 22 non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-1' W... Rates (Revised 7/5/00) Labor preference and wage rates for building cODstructioD. coftflic~, CeBtraetor ahall Hac hi~her wa~e rate. MiniIn.m .Plevaili.J:g Wage.. ~ 1 es Iii ease of The Cozpus Christi City Cbuncil bas detemri.ned the general prevailiIg IlU.IllJlUll lnlrly wage rates for llleces CaJnty, Texas as set alt in Part C. '!be Ccntractor an::l any subc:x:ntractor ll'lJSt lDt pay less than the specified wage rates to all laborers, w:>rkIren, and m:!Chani.cs enployed by them in the executicn of the Ccntract. '!be Cl:ntractor or subccntractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, w:>rlIIan, or nechanic enployed, if such person is paid less than the specified rates for the classificaticn of w:>rk perfonned. '!be Cbntractor and each subccntractor RUSt keep an accurate rea:>rd ~ the nanes and classifications of all laborers, w:>rlmen, am. mechanics enployed by them in oonnecticn with the Project and s~ the actual wages paid to each w:>r~r . '!he Contractor will Rake bi -~y certified payroll suJ::mi.ttals to the City Engineer. The Contractor will also d.:>tain ccpies of such certified payrolls fran all sul:x:x::ntractors and othercs 'I.Orlci.ng on the Project. These docutents will also be subnitted to the City Engineer bi -'Ieekl y. (See section for M:i.rnrity /Mi.n::>rity Business Enterprise Participation R>licy for ad:llti<Dal requirements ocnoeming the proper form arxl oontent of the payroll subnittals.) One and ale-half (1~ times the specified hourly wage nust be paid for all hours lIlOrked L.Tl excees of 40 hours in any ale week am. for all hours 1I\Orked on Slmdays or holidays. (See Secticn B-l-1, Definiticn of Terms, and Section B-7-6, Wo~ liJurs.) A-U ~Atica with PIilb1ic Ager)cies (Revised 7/5/00) The Cbntractor shall c::coperate with all public and private agencies with facilities qJerating within the limits of the Project. 'Ibe G.:rltractor shall provide a forty-eight (48) hour lDtioe to atny awlicable agency ~ lIlOrk is anticipated to pl::~ in the vicinity of any facility by using the ~ One-Call System 1-800-245-4545, the !ale Star libtification CarpiIny at 1-800-669-8344, and the Salt:hlNestern Bell IDeate Grcq> at 1-800-828-5127. Fbr the Contmctor's rouveni.ence, the follCMing telephcrle Ill.IIDers are listed. City ~ 880-3500 Project ~ineer Larry Patterson. P .E. Traffic EB3ineerin;:J R>lioe Department Water: Department Wastewater Departrrent Gas Depart:rrent Stonn Water Department Parks & Recreaticn Department Streets & Solid Waste Services AEP SBC city Street Div. for Traffic Signal/Fiber ~tic Locate Cablevision AmI (Fiber q>tic) ~ (Fiber ~ic) Choiceo:m (Fiber cptic) CAPIO:K (Fiber ~tic) Brooks Fiber ~ic (MAN) 361-882-0601 880-3540 882-1911 857-1880 857-1818 885-6900 857-1881 880-3461 857-1970 299-4833 881-2511 857-1946 857-5000 887-9200 813-1124 881-5767 512/935-0958 972-753-4355 (880-3140 after Inrcs) (880-3140 after hours) (885-6900 after lnrrs) (880-3140 after lnrrs) (693-9444 after hours) (1-800-824-4424 after hours) 857-1960 (857-5060 after lnrrs) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) (Mcbile) Section A - SP (Revised 12/15/04) Page 3 of 22 .-..---..- ._._-- .-...----- .._~., _.. .--.....-.. -.-...... A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibi lity to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. where existing sewers are encountered and are interfered wi,th (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the C9ntractor. A-1.3 Area Access and 'l'raffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City'S Traffic Engineering Department. The Contractor shall secure the necessary permit from the City'S Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-l.4 Construction Bqui.-ent s.Pillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment I1IUst 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. Sect:1.oD A - SP (ReviSed 12/15/04) Page 4 of 22 Streets and curb 1 ine must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-1.5 Bxeavation and aemovals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-lt Di.-o8al/Salvage of Katerials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be renwved f.rom the site by the Contractor. The cost of all hauling is conaidered subsidiary; therefore, no direct payment will be made to Contractor. A-l7 Field Office NOT USED The Cea.~aeEer BUist furaieR the: City EB~iaeer sr his repE'eseatat.i.. e .:ith a field sffiee at the eSBstrQetisR site. Tke field ettiee mHSt. ee~aiB at least 129 8Efl"1are feet af aseable epaee. The field effiaeRRist be air eeadit.ieBed <lBd. heata.a aBet Mast be hlra.isftea ',.,.ita aa iReliBeet taele t.hat Measures at lea.t )9- ][ ~9" aBa t....s (2) ahairs. The CSBtraeter shall me....e Ute fielet sttlee ell t.he site as reqairea by the Cit.y E~iBeer eE' his represeBtati..€:. The tiel. offiee must Be fliE'flishea ',dth a telepaeBe (lIdth 21 heur per day <lftswering sen iee) a.a FAX MaehiBe paiS. fer b} the CeRtraeter. Th~re is ae nap.rate pay iteM for the field sffiee. A-l' Scbedule and se~ence of Construction The Contractor shall submit to the City ~AR days. This plan must detail subaitted to the City Engineer at least pre-construction meeting. Engineer a work plan based only on the schedule of work and must be three (3) working days prior to the The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. ~ubmittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. Section A - SP (Revised 12/15/04) Page 5 of 22 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 COIUItruction Project Layout and Control NOT USED ~~: .d:~:ia: :=~ d~ict ~~: 1-aet aeecssary i,aellide. ~inc:, tOlepcs, :~:~~' :::~:::' Ift::::::::t:, ~~::~ ~:~~, baselJ.aes, ct. aa nre a y rc~ircd te ceastruct a prajcet of tais aatlire. ".:tjer cSBtrsls aad I:l~ l2) Beaea mar]rs relJ'iin:ld fer prejeet la)eat, tIlll Be f'lr9'\. ided B) the City or Ceaslll tant I?rej eet Engineer. ~~:t;:~t::e::~~l farniah all lines, slopes aad lfteaSlirements aeeessary for If ~ al::lriag eenstrlietiea,. it is Ileeessary to di~tlirs :r ~~;troe; a ::~~~:~ ~:~:; or ~DCh ~r2[' the Centraeter shall pre "lae th C~i e~ ;:ns::ea: ::~~~ D~J'i~";'~L _t. ~,~~..rD ....',;-::1 ,::, ':::j e':.~.e::;f:e:"';O~::~~~, a: :: ~E: 1: ;: ~~:~:;: C:~:1. psin'. or he:: ~k~ ~:? :: ::"E:li .~ ::: :a~~~~:~ s RC!J1J.genee \J1ll Be reste a ~ e a projcet ERginccr at thc e)~eaBC ef the Csatractsr. If, fer ~:~~':~ r.:asen, it i8 neeessary te ae ...iatse from prepe:aed liae: ana ~:,:dc .~~ P=~!L ~~'e ~h? _rk, ~e ceft,..::,t~ .i~~. :::':'ift ;:,,,,::1 ::: ~e CJ.ty e:: CO~~~~ E~nt; PJ:"e)eet BBg1aeeF prl - -e ..-.e.1a ~~-... ----r-, %ft t1le :0':, ~~ '!,.e- :H! e~ . "~.l<an' P~oj ee~ BRgi:::r, :: ~;~i~: ~: := =s::::~ ~ ::~.J.sJ.aa te Ehe ElralUftgs, ~- Ce--~a4o - ~ll --=:;::: :::t:~;~B: =~::~e:~~t~ ~~ ::-cquired fer the Ci t) or C;;;lilt~t ' . gft~eeF es FeT~~e ~he dra\.lB~s. ThC? ~aRt;Facter sRal1 tic. ia ar reference a,ll :alve: ~d ::n:, ~e~: ~~~S~! ~~~ !r~~eseEl, far the pli~eae afad]llatJ.Bg v l~-e~~ ~ :: i:~1=:1~~eR T:~.~t.:k:C i:~~ligt::a~~~~~a~::' f~~i~~tYa ~~~!:=.Lt:;u: t~~e-:~;f ::;:en::l ~ t~ ;~:ese af assisting tae measl:lriBg af U~~-~e;;iet:d :::Jr. ~~ ~~~~~~~~~: shall 'FeJ~ae the.fellawiag eertif~::~:: ;ar ~:::-:::atian ::~ ~;;:~~~~~:ea e~ eempll~aee :J1th ~k~ Ga~tFaet il-b;-p~' .p~;~I~~ 5pe:tfic:.:ieB~. 9~~~ ~~~~J.aaee eeFtlf1eatsloa aha ~ ~--~laea-aee-pFepared ~r :'~~~_P~~~}_~~~:pendent Regiat~rea I?rafe:~~~l ~:;: :::::i ;n'~'~':'l ;:=~Ei l~ ~hc state sf Tenas retaJ.sea ~a p. :._; ;S;;;;J;-t;-::.. a Ii ra ::~~ :.~ ~.:. ~~~~l~e a~~Fa.eEl B~' the Clt}. prleF t~ ~BT -;~:.~ ~~::~~~:~i:~ ~~l~ ~ Rated B} t~e Thira Party ~~~~};; a; eF' y eemp*~aftee ts an} re~latery permJ.ta. FOlle"ia!! is the miaifttl:lm schedlile of deel:lmeataEiea rCEIl1ired. ~tJ:"eeta. . .~l c~8 retaFBs atpe~at af taage~eY/peint af eiFel:l:f;~:?C~ . ~:~ aBd gutter flew l~lic seth Slaee af street on ln~e~~l, S.reet ere\fflS oa a 299' iBter~al ana at all ilitcFseeti;;a. : Waate'.lilter. · .~l ria/ia.ert elevatiens at maRhe~ea, · All i~erseetiBg Ii.es in manhales, · a<<siag elevatieas (top of pipe alla flaw liae) (TXDOT ana RR permits) . Water. · ~l Ea, ef valves ae:n, · ~~lvcs ~alilts rim, · Casiag ele~atieBs (tep of pipe aaa fls~ line) (TXD9T alla RR permits) . Section A - SP (Revised 12/15/04) Page 6 of 22 Elaerm.ater. · All riRl/iw?ert cle~atieBs at manfislea, · All i.EerseetiB~ liDes iD manheles, · CasiS9 elevatieR8 (te~ af ~i~e aDd fIe.. liRe) (TXDOT aDd RR peFlftits) . A-34) Teating and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retest ing will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must following drawing. construction begins the Contractor. The the City Engineer. furnish and (Attachment and will be location of install !project sign as indicated on the I) The s1gn must be installed before maintained throughout the Project period by the sign will be determined in the field by A-22 Jliaority/llinority Business Bnterprise Participation Policy (Revised 10/98) 1 . Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to. participate in the performance of contracts awarded by the Ci ty of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. firm, partnership, corporation, herein provided which has been b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Section A - SP (Revised 12/15/04) Page 7 of 22 c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person (s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1 .. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person (s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in PaYments Minority partners, proprietor or stockholders, of the enterprise, as the case may he, must be entitled to receive 51 .0% or more of the total profits, bonuses , dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 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. Section A - SP (Revised 12/15/04) Page 8 of 22 3 Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation (Percent) Minority Business Enterprise Participation (Percent) 45 % -!L% b These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 " Complianct: a Upon completion of the Project, a final breakdown participation, substantiated by copies of paid invoices, submitted by the Contractor to the City Engineer. of MEE shall be b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. Tbe Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 InsM(:tion Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the Section A - SP (Revised 12/15/04) Page 9 of 22 City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company I s capital and surplus with reinsurer (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sa~.8 Tax Exemption (NOT USBD) See'isH B g 22, TalC E3EemptioH Pra:isiaH, is deleted iH its entirety and the fOllo-..dR!f BW:lstitatcd iH lieu thereat. COR'raet. far impro'lemeRts to real pref)ert} al.nu,aed by the Oit} af Corpus Christi tile Bat ~alify far eJEemptiaHs af Sales, E)[eise, and Yse Ta][es liRless the Gontzoaetsr eleets ta sperate \mder a separated eantruet: as Elefiaed BY See.iaH 3.291 af Gftap~er 3, T~[ AdlRiaistratiaa af Title 31, PuBlie Finance of the: TenH MRlinistrali '.oe OaEle, ar slieh ather rales er regulatiens as IRa} ee pralMilgaaeEl by the Ce~troller of PW31ie .....eeaants at Tenas. If lhe GSBtraetar eleets ta eperate aRder a separated eeBtraet, he shall: 1. Obtain the neeessary sales t~[ peFmits fram the ~tate Cemptreller. 2. Identify in the apprapriate sf)aee aR the "~tatement af t1aterials ana Other Charges U in the prepesal teFm the eest. ef materials physieally ineeFporated iRte the prejeet. 3. Pr&\iEle resale eertifieates te slippliers. 4. Pre", iae the City .dEh eepies ef material iWJoiees te sUBstantiate the pra.ssal 'lalae ef materials. If the gentraetar eees Ret eleet te eperate liaaer a separates. eeatraet, he mlist pay fer all eales, E][cise, and YSE: Ta][es apf)lieable te this I'rejeet. E:abeentraetars are eligible far sales taJ[ :11s0 eeRlplies ...dth the aha'\.e refl\:lirelRents. resale eertifieate te the sliBeeatraetor aRa issues a resale certificate to hie supplier. e][emptiaRs if the sliseeRtraetsr The Ceatraetor must issue a the saheentraeter, in turn, Section A - SP (Revised 12/15/04) Page 10 of 22 A-26 Sup>>lemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event restricts the covenants to change to: 1. of cancellation or material change that reduces or insurance afforded by this coverage. part, each insurer mail prior written notice of cancellation or material Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the .applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage Section B-6-11 (a) of the Contract, the endorsement to this coverage stating: obtained in accordance with Contractor shall obtain an Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revi~ed 12/15/04) Page 11 of 22 ...... -, --'. ._..--. -.-.-".' .-.' '---.. .-., ""-' .._,~ ._.' .--....... A-27 R-..onsibility for Daaage Claims Paragraph (a) General Liability of Section 8-6-11 of the General provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-21 Co~iderations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun with~n the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2 . Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 CoIl-.ctor's l'iel4 ~",....;..tratiOlll Staff The Contractor shall ~loy for this Project, as its field administration staff, superintendents and foremen who are careful and cOllpetent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The SUperintendent must have at least five (5) years recent experience in field management and oversi~t of projects of a similar size and complexity to this Project. This eJCper1ence nust include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. '!be superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Section A - SP (ReviSed 12/15/04) Page 12 of 22 Doc\.Wlentation concerning these requirements will be reviewed by the City Engineer. The Contractor' s field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. SUch written approval of field administration staff is a prerequisite to the City Engi.aeer'. obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-3Q AuaerDded .Consideration of Contract" aequireaents Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text~ Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MEE participation will meet the requirements. above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure Section A - SP (Revised 12/15/04) Page 13 of 22 _ ....--", _..~;_......."_ ___. _"'__'_'" __" __"' .rt_.._.__.. ","-".""'-- ---""IIIIIl'" of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7 A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8~ Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9 Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, infor.mation identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 lbr. If'' Ii Policy on 8xtra Work and aumg. Orders Under "General Provisions and Requirements for ftkmicipal Construction Contracts" B-8-5 Policy on Brtra 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 w::>rk for which a change order has not been signed by the Director of Engineering Services or his designee. '!he Contractor also acknowledges that the City :Engineer may authorize change orders which do not exceed $25,000.00. '!he Contractor acknowledges that any change orders in an anount in excess of $25,000.00 nust also be iiA>roved by the City COWlcil. A-32 .. *' RBxecution of eantract- ~ts Under "General Provisions and Requirements for Mwticipal Construction Contracts" B-3-5 ExeCUll:ion of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City EngiDeer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Condi~OI18 of Work Each bidder must familiarize himself fully with the conditions relating to the conpletion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid IleetiJIg referred to in Special Provision A-1. .A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Section A - SP (Revised 12/15/04) Page 14 of 22 .......... -'. ................ Provisions and Supplemental Special provisions plans, referenced specifications, Standard Provisions, in that order. (if applicable), Specifications, construction and General A-35 City Water Paci~ities: Specia~ Requireaents (ROT USBD) ~. ~~eatraetor OrieatatieB Prior to performiag ,.rer)( at aay City ',.rater faeili ty, the Ceatraeter, his el:l:Beeatraetors, aad eaeh of their eRll3leyees must h37c oa tfl~ir perSOR a valia eara eertifyiag their priar attenaanee at 3 Visiter/CeRtraetar Cafety Orientatien Pragram eaRd~etea b) the City Uater Departmcat Persanael, A YieitBrjCoRtraeter Cafety OrientatioR Pre9'ram '..rill be afferea by autharised City Water Bepartmeat persaftBel for these persaRs .mo ao Rat have s~eh a eara, aRa wae ae.ire to perfa:r:m aay 1I:Iar)( "",ithiR aRY Cit} '..rater faeility" For asaitiBftal iRfermation refer to AttaehaeBE 1, B-.- Ope"asieB.1 "Ii El Owaed BEJllipa8BE The CeBEE'a.EeE' ....1.1 BeE SE~E, epe~aEe, e~ SEep ..yo P......' me ESE' , -,;ra1.ve, eCf'liil"lll'Bt. swiEea, InreakeE'. eeaEJ;s1., SJ; aBY SEaeE' iEem re1aEe. EO gi~y waEer faei1.i~ aE aa] ttse. All s~eh items muSE he operated b~ aR operator or other autheriBcd maiBteBanee e~leyec of the City Water Department. C. PE'sEee~isB af wet." Qaa1.ity The City mHt eieli-..er tJ'ater af driR)dRg quality tia ita e~st9IRers at all times. The Gaatraetor shall preteet the ~ality of the water iR the jab site ana shall eaaraiRate its war]( with the City Water DepartMeRt te proteet the ~ality ef the ~.~ter. D. GeBfell'aiEY _Wi AllSJ:/BSI' St;- tmlE'd. '1 ~ll materials aRd e~ipMeRt ~sea iR the repair, reassemel}, traBspsrtatieB, reiastallatieB. aRd iaspestieR ef p~ps, or aay other items, tHliea eB~ld same iRte aBRtast ,:ita petable '.:ater, ml:lst ceBfarm te AmerieaB Natieaal CtaadaFds IBatit~te/Natienal E:aaitatiea FalHldatieB (UiGI/NeF) CtaBaard 61 as described iR the ~taasard CpeeifieatieBs. Buea ..Ear..1.. iae1.ad. a1.l ..1~B~., e1....ers, 1.UhE'ieaBES, gasket., EKead e"'llI ...... Bsatoill... or By__lie equ~.8Bto_ These i.tlEllBS au.stl BStl ba 1Ised lIIlless tla." eeBfs~ wi'a MSX/IISI' Stiaadard 61 aad lIBle.. Buell it--- aE'e ia.peeted aD tae site by aQthe~illed City perseRDeI ~--ediately prier Ita use. The CORtraet.er shall pFe~:ide the BBgiReer '.dth ee~ies of '.lritten preef of AHCI/NSF CtaRdard (1 appre"\."al fer all materials ....-.RicR cel:lld eeme inte eeRtaet ~ith petable water. Ii:. Baadli...... >>isp...l af 'I'E'ash ~ll trash ~nerated b} the Ceatraeter er his employees, saBseatracters, MUst be eeRtaiaea at all times at faeilit) oite. BlewiBg trash. will Bot be alle"ed. The ehall keeI'l ".:er)( areas clean at all times aRd reHle~. e daily. a~eRts, or the ".."ilter CeRtraeter all trash Section A - SP (Revised 12/15/04) page 15 of 22 QGRII"'S'l'O..S OR SIn P1UR?.AIl1..TJ:9H F. Ceatraete:F'S :::aao;a;: , perseRnel ~at '.lear eale:Fea uBifarM e7erallo ~:~ bl'l:le, e:F t;lute. Baeh J.l~ee UBif~~ ~-;~ pI: _ . aad iadi~idual ~leyee id.R~ifiea~ioB. G. Ceatraetor shall ~r-e.ide tele~heReB fer CeRtraeter personnel. Pla&~ ~elepheBes are De~ availaBle fer CeB~rae~er ~;;. H, WerJdBg bears '..rill be 7,ea A.M, te S ,99 P.M., f4eBaay tara Friday. 1. CeBtr-aeter must Ret Hse aay City faeili ty restraeMS. gentraeter must p:Fe.i.e OJR saaitary faeilities. J. All Csatraete:F ve"'~eles .... SO-..... J ... ""... ...' s~ "'e n", nM _ _E par r8_ .::n: ....es.1gnatea ...",~_, as desigBatea by Cit} Water Depar-Ement staff. All CeRtr~et~r =::i~~~s :::~el~ :;~a:te~::e::a o':;i~~ ~:~:: ::::~ :reea:~~~~t~l;~;.-- ~i~ ncrseBncl MuSt'" ' .... , l:' ....c 1a eetRJ?aay . e..1e~es. Bliri~ \;erJdng hears, centracter employecs IRti.st net lea:\ e thc aesigaatea esnstruetiea 3.rea Be~ ',.'8nder thr~\1gh any buildings ether thaa fer Feqliirea tlerJr ~: ~~ ~~~cetea by C1ty Water BepartlRent persennel during emergeaey c'Vacuat1oa, K. Ceatraetor Qaalificatiens " CWISITIOH) b~A (gYPER:VISORY OOlITROI. MID ]}ATA ."dl) '.;erk to the eemputer sasea lRElaitering aRa eeatrel system mast Be perfer~ed eal)' sy qlialifiea teehHieal aBa slipervise~ p~;~~~;i, 3.13 aetenlUBea by meeting the lJQalifieatieas 1 ~hru 9 seleW'. This '.lark iaelufies, sat is net limited te, meaifieatieftB, aaaiti;;;, chan~es, seleetieBs, fHraishing, installing, eeaneetiB9, !=~!=a~ia~, eustemiBing, aebugging, ealieratiBg, er plaeiag in ~~:=:t~~~ ,al,l h~Fa,:are ana/er seft'Jlare speeifiea Br refJliirea sy theBe spcc1flC3.t1one. The CeBtraetsr or his saeesBtraeter prepesiag te ~e:rferlR the SgABA lI:orh IRUst be al:lle te aemeBstrate the felleT.:iBg. h-----He- is regtllarly engage a in the eSMp\1ter sased IRElnitering and. e~atrsl system susiBess, prefeFahly as ~pliea te the llulR1e1pal '.:atEr aaa T..aeteuater iaEhistry. lie has perfarmea '.:BrJr sa systeMs ef eeMparable siBe, ~J'l3e, 3.aa eSlRplelti t} as relJQirea ia this 9sBtFaet sa at least three prier prejeets. He has seeR aeti. ely enga~ed in tbe type sf \,erJr speeified hercia fer at least g years, 4.---..- lIe employs a Registerea I'refessieaal Bftgiaeer, a CoatI'sl ~ystelRs ERgiReer, er an Bleetrieal BBgiaeer te s\1pervise er perfeF-RI the ,:o:rJi: reqliireEi by this speeifieatienB. lie eMpleys ~erseaael ea this prejeet \."fi.e hw."e slieeeseflilly cBlftt3I~ted 3. ~Bufaeturcr' s traiaiI:l~ ee\1rse in eenfiguring ~ lmplcmeatlB~ the speeifie eemf3\1ters, RTUS'o, ana ooftware prepesea fer the CeBtract. He -.aiataino a perRlaneBt, fall} sendee faeilit} ,.ithia 199 miles maintain, repair, calibrate, aad specifiea herein. lie shall furBish CEfHiplRent '.Jhieh is the preauet af enc maaufact~rcr to thc ma::][iRll:Hft practical c]rteat. Where this is 2. 3. 5. 6. staffea ana af the rre] eet pre~raM the e(fUif3pea site to systemo 'l, Section A - SP (Revised 12/15/04) Page 16 of 22 8. ao~ praetieal, all eEfl:lipment of a given tYfl6 ..ill be the prsdtiet of one manufaeturer. Prier performanee at the O. N. Btevens Water Treatment Plast will be used in eJaluatiftg ~:hieh Con~raetar or 8ubeostraetor programs the new '..orlt. for this prej eet. The Contraetor shall predtiec all filled out pro!Jrammin!J bloeltB reEfl:lired te shm. the programming aa seeded aRd rc~ired, te add theae t'lliO systems te ~he enistiBg City EClW..... system. Attaehed is as e) [amp Ie of ~he reEfl:lired 13re!Jrammiag sleeks 'ffl.ieh the City reflUires te ee filled iR aRd giveR to the City BR!JiBeer with all ehanges made during the pregrammiag phase. The attaehed sheet is an e)cample aRd io Bot int-ended to she'.i all of the reflUired sheet-s. The Cost.raetor ',:ill provide all programming eleeh:s used. 9-.---- ~. Trenchin!J Re~ircmeRto All trenchin!J for this project at the O. n. Etevens Water Treatment Plant ahall be perfo:E'lRed usiag a baeJtaoe or haad dig!Jin!J due to the RamSer of enisting uBEiergrowui obstruetioas. He trenehing Maehiaea shall be alle.ed on the project. A-3' Other Submittals 1. Shop Drawing SUbmittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible t.ranspar~ncy for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form, Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Section A - SP (Revised 12/15/04) Page 17 of 22 h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by Ci ty Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2 Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer'S selection. 3 Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project A-37 ~-!fr-d "ArraDg~t and Charge for Water Purnished by the City- NOT USED U~:iaF "eeneral Previsi"W<J' ana. Relilih.;;...-llts fer MtHlie~al GeBStF\letiBR :~=:srr, 6 15 .trr !lsment ana Cbat:~ fer Watser F\inlisbea By the eity, add the f '. D "The GsatFaetar Hnlet e8mf.ly t:ith the (;lity af GaElil:iS Christi' e Water GeBfJeF!.atiaB Ana Dreligftl: C~iRgeBey PlaB as ameRded (~he "Plan"). Thlo ~~:~:~:;~ iflt31~i~ wa,ter e~seFVati~ meaBlH'eS es1:aJaliShea fa; =i~ eentit1eRS. The ~ty Eflg~Beer t.111 prsvulc a ea~ at the PlaB te ge~E'\...~ ~E the pre eeBst:nlE:tleR lReet1~. The CeRtraetar '.all JEeep a espy at -~ _ -___ _ ..-..ft tae prejeet site ~eagheut eeRBtr-uetiaa." A-3$ Wor 's C tion Covera e for Buildi Go~~t Bntities or Construction pro'ects for " The requirements of "lIotice to Contractors ~B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Pinal Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-B- 9 A-40 Jl--'!!II7ent to Section B-8-6: Partial BstiJu.tes General provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estiaates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with docuaents, satisfactory to the City Engineer I that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A - SP (Revised 12/15/04) Page 18 of 22 A-41 Ozcme Advisory HOT USED I'rilti.ng aaa hot lRiJ( pa.ing operations lRast net Be eendaeted on days fer -.thieh an- OElonc advisorI haD Becn issued, em:!ept for repairs _ The City Bftgi:aeer -.rill notify Contractor about ozone alert _ If a delay slieh as this is elEperieBeed, the day will De~ be counted ao a work day and the Centraeter will Be compensated at the unit price indicated in the proposal. A-42 OSHA Rules &: Regulations It is the responsibility of the Contractor (s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 AmeQded :Indemnification &: Hold Baraless Under "General provisions and Requirements for Municipal Construction contracts. B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-4. ChaJage Orders Should a change order(s} be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor I s costs and bre.kdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-4' As-Jtu,ilt Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical substitutions/field changes. dimensions due to (2) Changes in equipment and dimensions due to substitutions- Section A - SP (Revised 12/15/04) Page 19 of 22 ---,_..._._-,.-=- ,,-,.-,..,--, "-"--"" -,~--. ,-- .-....--......- (3) "Nameplate" data on all installed equipment, (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Bigh1y Chlorinated water (7/5/00) NOT USED The CoaEFaetor shall ee respoasiblc fer tho aispesal ef ',.'ater usea for teatiR~, sisiafeetioa aaa liae flashiag ia aa a~~re.ea MaDfter. Ceatamiaaats in the water, particularly hi~B IC'lols of ehleriae, :.111 se U9:S :~r diotafee.iea, aaa may c]ceeee the permissiBle limits fer aiseharg- i--o ',:ctlaaeo er eH...ireameatally sensiti'"c areas. These are re!!Ulated B) a~me;;~; ~:e~:~~ s~eh as nffiOO, EP.'\, ete. It ',:ill Be the Ceat:raeter's respeRsisility to ee~ly with the re~ircmeato ef all re!!Ulatery agcaeies ia the diepesal of all \~ter usea 1a the prejeet, The metheas ef aia~esal shall be suemitted te :~~ :f~l !~r appre.al. There ahall be ae separate pa) fer dispesal ef hi~hl) ehleriaaaed '..ater. CeRtracter shall Bet use the City 's eaaitary se'.:eF system for dispesal of ceatalRiaatea ',:ater. A-47 Pre-Construction Exploratory Excavations (7/5/00) HOT USED rrier te aft}" eeastruatiea ~.ilate.'er OR the prajeet, Ceatraeter shall e.uea.rate ane enpeBe all mdstillg pipeliaes ef the prejeet that eress witllia 29 feet af prepssed pipeliaes ef the projeet aae Caatraeter shall s\:lrvey the e]caet vertical aad horiseatal loeatioa ef oaeh ereesia~ aad peteatially eeaflietiag pipE!lliac, For o][istiag pipeliaes ~,hieh parallel aad are withia tea feet (19') af prap.see pipeliaes of the prej cet, Geatraeter shall e][ea-vate aad ~Ef3ese said md15iag pipeliaes at a mauilR\H1l ef 399 feet O,G, aBd CeBExaeter shall survey the aeeUFate heriseatal aRa 7ertical leeatieas af said parallel pipeliaes at J9G feet 1116uimum O,C. Coatraeter shall then inaieatiBg the O~J'Rer appE'~dmate station clc~'tieftS af tho top prepare a repert aad sabmit it te the City far appreval af pipcliaes olCca",'ated aaa surve} ed, as ,:ell as the thereaf, distaRec te the pa'\'emeat eeaterliae aad of eJcistia~ pipeliaes. GeBwaet>8IF 8JEP1.ra"..,. repe_ted tie 1'ep8.t. saall perleEa Be eaastrue.isB .ark eB the prejeet ua.il all eKe_vatie.. 8a7e seea ..de iB their ea.ire.y. the results thereef ~e BBgiBeer aft. &Btil eeBtraetar ree8i~es BBgiaeer"s appre~.l af E)cplez-atefj e](eavatioBs shall ee paia fer ea a lamp SUIR basis. hBy pa~JemeBt repair assseiatea \:ith c]~leratory e][ea-.atieas shall Be pais fer aeeerdiBg to the estaBlished liatil priee of pa'.'CIReBt patehiag. COBtraeter shall previde all aia elllB surye) '..erk effort (Be separate pay) far elE~leratary C](eavatisa8. A-48 Ove:cbead Electrical Wires (7/5/00) Contractor shall comply wi th all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Section A - SP (Revised 12/15/04) Page 20 of 22 Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-4' Amended aJlainteuance Guaranty. (8/24/00) Under "General provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor I s guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBM:ITTAL TRAHSJaTTAL FORK PROJECT: ImSBUK FDB SUPPRESS:ION', PHASE 21 PROJBCT No. 4320 OW8R: CITY OF CORPUS CHRISTI -_._- BI1GI:I1BBR : Patterson Engineers !._ rnc. COlftRACTOR ; ~ftAL DATB: SUBII:ITTAL IJUllBBR: APPLI:CABLB SPBC:IF:ICAT:ION OR DRAWI:JfG SUBM:ITTAL ." '~'" .,c-"" Section A - SP (Revised 12/15/04) Page 22 of 22 1 ~t- ~. ~t__ _ 1 "'. / //=.~ l~ r~ I~Y2" It.J '"' It.J...---, <.J 'It <.J "t- L 01'.. OC'>.! Q:: co a:: ()) Q 'It Q "t- I'.. t'- It.J::--lLJ:::--- <~ <~ 2~~~ L <: Q:: <: Q:: if~ ifp - (() ..-. "'" 0) t'- .....,,- .. 8:i I ~ a .- g ~I '"1, ... ..-- lu:J 1 a~ - G~ It) <:<.J -:5 Qm ~~ : 2 "t-<: : ~if J J 1 - It) ~ I ~"'.- .- ><: - ~~ ~ I'<) ll, C'-I 1". . lO '..,..'1" <0 ~"+ 3/8" ~n-t-nl~ I ! ! I i I - lO (() '" co ~ ~ "'" ..--- ..--- "'" 0) "t '" J/8" -- -f- (Q lO ~ ,- ~ ~~ ... I- Ui -- 0: % o en :>> ~ ~ o {) ~ o > t-- - U _L-: LO //2,,1 1-..--- --- C'-I ~) .z ~~ .- ..--- "- OJ It) ({) 4'" 0" --_--._~._. ._~- 8:i CI Q:: V}~ as ~:::> .... 0 UJ On:: ~a: o (!) - V> (() g:t5 t5~;S lu~ ~o <: en -l ~ '" 2 4.J Q:l 0 I <: ~ lJ.j:i:;" ~~ <:f- Q 2: <:OJ if';;)- 2'-0" <0 J ,I (0 ...... " f") I {Q ~ ,I - , 00 I I 1000 ~ '" lC) ATTACHM:.NT I 1,<.;> l/, f//,- r:-'\ ':..:'.':~~...'. = = = =,- = = = J [/~'; 'I".: -: , ' .'> 1--. f' .:>' I', ' I " I, ( j' j..,< i:', I ". '.-. '. ~. [" 1-:' i:'.' I>. I" I I i .( i i I I I ~ U) o Q G " co X '</- X '</- (, J ' , /,'j:- - - - - - - - -, ;:~~ - - _ _ _ _ _ _ .J ~~~~ (::< [,.,,>- ,-, ;~ t<:~ -.-':\ /.'/', I;:'~> .1 2'-0" 2: ~ -- Cf) l- e> Lu ~ () 0::: Q ~ (:) (:) C'\j a 2:: () en nflj""7"J~U~U"Y"'V'l7\ J.H"''''\ .L,..,.,.... ",.,....,.,\ ......,...........,.UJw\ 1lMnu\ ".1 ~ '" PART C FEDERAL WAGE RATES AND REQUIREMENTS '" ... ~. .._.....~"'_._= ~._..,,-, _. -'.-'" ._.. _. ...--.-,.. --........ Page I of3 General Decision Number: TX030063 07/14/2006 TX63 State: Texas :~uperseded General Decision Number: TX020063 ~onstructJon Type: Building counties: Nueces and San Patricio Counties in Texas. .' BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories; .., t-1odif ieat IOn Number o 1 2 3 4 5 6 7 8 BRTXOOO}-005 05/01/2006 Publication Date 06/13/2003 02/13/2004 OS/28/2004 12/24/2004 09/23/2005 01/13/2006 02/03/2006 06/02/2006 07/14/2006 Rates Fringes ELEC0278-001 08/28/200~ Bricklayer................. ...$ 19.00 6.40 Rates Fringes TRON0066-002 01/01/2003 Electrician......... ...... . ..$ 17.45 4.50+7% Rates Fringes PAIN0130-001 07/01/2005 Ironworker... '" ........... ...$ 16.10 4.65 Rates Fringes SUTX1987-002 03/01/1987 P a j n te r. . . . . . . . . . . . . . . . . . . . . . . . $ 15. 15 4.42 Rates Fringes Cement Mason/Finisher Carpenter............ .........$ 9.96 .$ 12.50 Labore r. . . . . . . . . Mason Tender. _ . . . ...... $ 5.56 $ 7.14 Page 2 of3 Plumbers and Pipefitters ( [[)cl uding HVAC) . . .. .......... $ 10.05 Power equipment operators: Backhoe.......... ..........$ 7.84 Roofer (including BUllt Up, Composition and Single Ply)....$ 9.20 Truck Driver.. ...... ... ..... ..$ 7.50 ----- ---- ------------ ----------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------- ------------------------------------------------------- ---_.~ ---'.-.,' - ------------......-------------..------------------------------ Unllsted classifications needed for work not included within the ~cope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.r) (a) (1) (ii)). ---~ ------------ ---- ----------------------------------------- [n the listing above, the "sun designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS -..,,, I.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter ...;, conformance (additional classification and rate) ruling On survey related matters, inltial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area In which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor '~""'" ,,~,...,.._.,,"';...-..o Page 3 of3 200 Constitution Avenw;, N.W. Washington, DC ,0210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part t.8 and 29 CFR Part 7). Write to: Waqe and Hour Administrator U.s. Department of Labor ~ 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor conSIders relevant to the issue. .. 3.) If the decision of the Administrator is not favorable, an interested party may appeal dlrectly to the Administrative Review Board (formerly the Waqe Appeals Board). Write to: Administrative Eeview Board U.S. Department of Labor 200 ConstitutioL Avenw;, N.W. Washington, DC 20210 ~.) All decisions by the Administrative Review Board are final. -------------------------------------------------------------------- ----------------------------------------------------------------- END OF GENERAL DECISION - AGREEMENT THE STATE OF TEXAS S COUNTY OF NUECES S THIS AGREEMENT is entered into this 17TH day of OCTOBER, 2006, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Ranqer Fire, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $165,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MUSEUM FIRE SUPPRESSION, PHASE 2 PROJECT NO. 4320 (TOTAL BASE BID + ADD.ALT.NO.1: $165,000.00) according to the attached Plans and Specifications in a good and workmanlike mannel for the prices and conditions set out in their at tached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 ._. ._"". .,-- '~._" .,~ -.'''......,. ,,- .......... ..----..- -.-""'-" - '-..,' _. . "-'" ......., ---.. '-_....... I II III III an ITEM &: lJDit Description Total BB-l 1 LS Provide fire protection in Areas 2, 3A and 3B, complete $_'52,000 and in place per lump sum. TOTAL BASE BID: $ -.J 5' 2 r 000 (BB-1) I II III III QTY ITEM &: UD.it Description Total AA-l 1 LS Provide fire protection in Areas 4 and 5, complete and in $ , 3. 000 place per lump sum. - TOTAL ADDITIVE ALT. BID 1: $ I 3, 000 (AA-1) TOTAL BASE BID AND ADDITIVE ALTERNATE NO.1 BID: (BB-1 + AA-1) $Jh5. 000 . ,"",Prnnl""llA;::;a'. ..ECXJII--='_.=.,",....""""...._"..,..,....""'-.._~._ ,,_. _,."..,_. ..._""l"-...~_.._...._.__,__. '_""H_e,_ ...-..._ ___ .""""......"_.., ._......... The Contractor will commence work within ten (10) calendar jays from date they receive written work order and will complete same within 150 CALBNDAR DAYS after construction is begun. Should :ontractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. Clty will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. AT'l'ESIf: f~_ City Secretary CITY OF CORPUS CHRISTI BY~S:C~~- Ronald F. Massey, Asst City Mgr. of Public Works and Ut'l'ties APPR~D AS TO LEGAL FORM: '"'. /'. . . /'" By: ,'. f\ \,tUUtU ; ["1 i,~ i VI , ~ - Asst. Clfy Attorney ~,/ h,-- / (~lL By: /1::..- ~L-- 'E ~ ~~ngel R. Escobar, P.E. ' v ~irector of Engineering Services (.ot.~ If. ~son signiJI.g for oozpodflati~ is not Pre4dent, attaal copy of authoriz.tion to sif'n) co~ Ran!J8r _ '" _ Inc c. By: ( Tit 1 e: -\\ e~k)e./\[, "" ~.-...: (I.."f co.\tPora..tiOn). . . " fXtb)W/ (Sea ..... Below) 920 S.MAIN, STE. 200 (Address) GRAPEVINB, TX 76051 (City) (State) 817/410-9070EXT.232 * (Phone) (Fax) (Zip) 817/410-9050 AA 1 ()1\/~... "2111 t\v; ,." ~_..J:t. u "QIIN;IL I 0 ) Ll/ek...... , SE~~ Agreement Page 2 of 2 ..... PRO P 0 S A L FOR M i ? \.~ n.(t. /C~y / FOR MUS BUM FIRB SUPPRBSSION PHASB 2 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form _,.._ '0__"_, ....__.L ..__._.._., ...__ .._.' ..__...,_'_,..._~ PRO P 0 S A L Proposal of R~,,~E'\ a Corporation organized State of Te'){qS qzo ~. rt\ -=t,"1\ 5+e Z 0 (;) Place: 6rctpli.."^c';'TY 7&05 \ Date: -9-26 --Ob F~ re \ fl{_ and existing under the laws of the OR a Partnership or Individual doing business as /VA TO: The City of COrpU8 Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: MUSEUM FIRE SUPPRESSION, PHASE 2 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form I II III III QTY ITEM &: tJDit Description Total BB-1 1 LS Provide fire protection in Areas 2, 3A and 3B, complete $_15'2,000 and in place per lump sum. - TOTAL BASE BID: $ -.J 5' 2 I 000 (BB-1) I II III III Q'1'Y ITBM &: UJait Description Total AA-l 1 LS Provide fire protection in Areas 4 and 5, complete and in $ J 3, 000 place per lump sum. '----. ~ TOTAL ADDITIVE ALT. BID 1: $ I 3, 000 (AA-1) TOTAL BASE BID AND ADDITIVE ALTERNATE NO.1 BID: $Jb5j 000 (BB-1 + AA-1) Proposal Form The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Humber of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Co~letion: The undersigned agrees to complete the work within 120 cal~ar da~ for the Base Bid, and an additional 30 calend.. d4lys tor t e Ad.d.it"IVe Alternate Ho. 1 (if awarded) from tEe date des1gnated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): I (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: :;~e~~;Ct~ Address: ~'2.o ~. Mt:a:/\ .5v~ .t-P 2DO (P.O. Box) (Street) {:J rCIpt' Us" "e T}C. '7 b05 " (City) (State) (Zip) Telephone:ti<17-Lllo..q07D yt 7~7 C' 7 '-fo '5 FA' Do not detach bid from otber papers. 0 I I q 0 0 1 Fill in witb ink and submit complete witb attached papers. NOTE: (Revised August 2000) Proposal Form PBJl.I'ORIIAHCB BOND Bond Number: FS7978985 S':AD 01' ftDDUJ S BOW ALL BY !l.'BBSB PUsmr.rs: COUNn OP ~s S ~ ~ ftz:ta, Inc. of ~aaaR'l' County, Texas, hereinafter called "trincipal", and Great American Insurance Co. of New York , a corporation organ i zed under the laws of the State of New York , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held .and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "Cltyn, in the penal sum of OMB BURDRm) S:ctn~ '!IIOUI"" Am 110/100 ($1'5,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: BE QOIU):t'.rJ:OR ~ 'rBI:S OBLZQATIOtT IS SVCR THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 17~ of ~, 2006, a copy of which is hereto attached and made a -part hereof, for the construction of: NUbUII r:r;u S~"'8]:ON, PIlUS 2 ~C'! RO. 4!20 (TO~~ BASB BXD + ADD.ALT.WO.1: $11S,OOO.OO) MOw, ~, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties; and if the principal shall repair ~nd/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (l) year trom the date of completion and acceptance of improvements by the City, then this obligation shall be void1 otherwise to remain in full force and effect. ~ .-uK;l;IUIa, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawinqs, etc., accompanying. the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addi tion to the terms of the contract, or to the work to be performed thereunder. Performance BOnd Page 1 of :I This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the' Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out <;>f such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. ZR ~2RKSS .~O~, this instrument is executed in 4 copies, each one of which shall be deemed an original, thrs--- the 1.1!!:!... day of October , 20QL.. nDlCIPAL Ranger Fire, Inc. J By: A.IlBS'! sec:~ (Print Name) &uuti/Y/ (jlitv~ 8'ORI:TY Great American Insurance Co. of New York a #1510, Richardson, TX 75080 By: A'ffo;~in-fac~ Bradv K. Cox. Att v-in-Fact (Print Name) ..'-~ 1 t .....t: 0# _. ~ Q ...... Couat:.v, ~, ~or ~"'*'.Y ~ JIO~oe a8c:I ..:ric. d pz:ooe-.. 1.: ~O]I"; HRH of Corpus Christi CODQef: .Pez'aOD: Joanna Rinael Addr... : 5733 $. Padre Island Dr. Camus Christi TX 78412 .PboDe BamIIlez:: 361-993-2041 (NO'lE: 0. te of PQr~ormllnae Bond must not be prior to date of contrllctJ (Revj~ed 9102 Performance Bond pege 2 of 2 PAYN.R~ BOKD Bond Number: FS7978985 STAD 01' ftlD.S S DOIr ALL .Y 'fiIaS. >>ItBSDr.ra: Comft'Y 01' 1IUBCES S SA2 R.aDcI8r ~J:e. 'IDa. of ~ County, Texas, hereinafter called ". rincipal", and Great AmArican Co of New York a corporation or.ganized under the laws of the State of New York , and dUly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter ca lled nei t'y", and unto all persons, firms and corporations supplying labor and rnateria~s in prosecution of the work referred to in the attached contract, in the penal sum of ORS BURD~ 8~-rrYZ ~~ AMD BO/l00($165,OOO.OO) DOLLARS, lawfUl money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, fir.mly by these presents: .. c:am%TION ~ TBX8 Om:.:t~IOR %8 SUCR TBAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the l?D day ()C'1'()IBa, 20 06 , a copy of which is hereto attached and made a part hereof, for the construction of: MD.... I':tD Bu&"'....SIO'R, PBA8B 2 P'ItOJBC'l' HO. 4320 (~ BASS BID + ADD.ALT.RO.1: $165,000.00) ~, ~, if the principal shall f~ithfully perfonn its duties and make prompt payment to all persons, fi~s, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in s.aid contract and any and all duly authorized modification of said contract that may hereinafter be made, . notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full' force and effect. >>ROV%DBD 'U~~~, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specificationsr drawings, etc., accompanying the same shall in anywise a'ffect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addi tion to the terms of the contract, or to the work to be performed thereunder. payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided. by. Art. 7.19-1, Vernon's Texas Insurance Code. X. ft~~SS _..-.or, this instrument is e~ecuted 1n 4 copies, each one of which shall be deemed an original, ~his the 17th day of October , 20~ nmCZJlAL A.~IJ! /)r1~ sec7'fL )IU (Print Name) tuuM? C!ul);f!t; IIOItBft Great American Insurance Co. of New York #1510, Richardson, TX 75088 --:---... Attorn.y-in- act ' RrAdf K ~nYJ Attnr"'y-in-Fact (Prin Name) ... ........~ .....$ or 'bile S-fJ7 .La -...,.. CouD~, !'eJra., ~or cIa1J. ~ -* DOt:1ee aDd .eZ"'V"'4.cr. or pzoo.... 1.: JlgeDq: HRH of Corpus Christi CoG'tact: Per.or:a: Joanna Rinael Jkf.drMa: "heme " ~.r: F\7~~ ~ PadrA 1~land Dr Corous Christi TX 78412 ~f>1-QQ~-2041 (NOTE: Date ot Payment Bond must not be prior to date o:! contract) Payment Bond paqe 2 of 2 (Revised 9/02) ,_, ._.~"'.' _.___7____.,..-_-. '__"_,._ __.. ""_~'. .__, _..._.. '_._ _''''-'''''._. .---.._ PERFORMANCE BON D STATE OF TEXAS S KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES S 'l'IlAT Ranqer Fire, Inc. of TARRANT County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter.:alled "Cl ty", in the penal sum of ONE HUNDRED SIXTY-FIVE THOUSAND AND NO/100 ($165,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum weL~ and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: TIE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the !1!! of OCTOBER, 2006, a copy of which is hereto attached and made a part hereof, for the construction of: MUSBUM FIRE SUPPRESSION, PHASE 2 PROJECT NO. 4320 (TOTAL BASE BID + ADD.ALT.NO.1: $165,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDBD FURTHER, that lf any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder Performance Bond Page 1 of 2 ""-.'f'-'_ ...._~_....._._.._. "'_"'''_'' _. ''"'_.., ..-..-. .__,. '~.'" "''''-''', ._~ Thls bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one J of which shall rI~e deemed an original, thr-s- the 2- day of ~ fjJflYleDt 20~....~\. PRINCIPAL r ~ l .. I By: ~Ji!e~ (Print Name & Title) ATTET~ '~~ Sem == j,lJ . ( - ~vltS (Print Name) SURETY By: Attorney-in-fact (Print Name) The lIesidltnt Agent or the Surety in Nueces County, Texas, for de~iv~ or notice and service of process is: Agency : Contact Person: Addre.s: Phone Number: (NOTE: Date of Performanc~ Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 0 f 2 ~, ''00,'- "'_'___'_'''''''_._' .~.___..~_..., __ _",_ _._ .._. _,. ,.._. ..__~ PAYMENT BON D STATE OF TEXAS S KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES S THAT Ranger ..ire, Inc. of TARRANT County, Texas, hereina fter called "Principal", and a corporation organ~zed under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter :::alled "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRBP SIXTY-FIVE TBOUSAND AND NO/100($165,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 17TH day OCTOBER, 20~, a copy of which is hereto attached and made a part hereof, for the construction of: MUSEUM FIRE SUPPRESSION, PHASE 2 PROJECT NO. 4320 (TOTAL BASE BID + ADD.ALT.NO.1: $165,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lle in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obliqation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of t~e State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WBE~F, this instrument is executed in ~ copies, ~:~h of on"AlWeJiJt Shall, b2~-1k. lt~med an original, this the 2 PRINCI PfS't ?0J'1110fjp/1tff:J-J PICE6J IYfi/7 (Print Name & Title) By: ATTEST Secr SURETY By: Attorney-in-fact (Print Name) The Hesia.nt Agent of the Surety in Ruec.s County, Texas, for de~iv~ o~ notice aDd service of process is: Agency : Con tact Person: Addre.s: Phone Number: (NOTE: Date of Payment Ben.d must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 \.~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 10/30/2006 !PRODUCER (817)868-7979 FAX (817)267-5223 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN FORMA TION I Brooke Agency Serv ices Co LC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I P 0 BOl< 700937 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Da I i as 1 X 75370 I INSURERS AFFORDING COVERAGE NAIC# ---- .._.__.- ~--- ------- Aspen Spec i a I ty Insurance Compar IY INSURED Ranger Fire, lnc INSURER A: 920 SouLh Main Street INSURER B. Clarendon America Insurance Com~ any Suite 250 INSURER C: Texas Mutual Insurance Company Grapevine TX 76051 INSURER D: fax 817 410 9052 INSURER E: C THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOl'MTHSTANDING ANY REQUIRElilENT. TIAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO Vv'HICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- AGGREGATE LIMITS SHO\MII MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 11.001 TYPE 0' INSURANCE/ POLICY NUMBER pOLICY EFFECTNE I _IC.Y nPlRATION UMlTS GENERAL LIABILITY " GL00048101 06/27/2006 06/27/2007 EACH OCCURRENCE $ 1,000,00e ~M"Q'" .,"""" ",.u'" ./ DAMAGE TO RENTED $ 100,00e -- I CLAIMS MADE m OCCUR M EO EXP (Anyone person) $ e A X I XCU I nc I uded PERSONAL & ADV INJURY $ 1,000,000 jj Contractua I I nc I . i GENERAL AGGREGATE $~ 2,000,00e GEN'L AGGREGATE LIMIT APPLIES PER: * * BLANKET ADDTL I NSI PRODUCTS - COMPIOP AGG S 2,000,00e i I-I POliCY [Xl ~G8T n LOC **SLANKET WAIVER ! AUTOMOBILE LIABlLlTY / DCTOOOO06607 12/01/2005 12/01/2006 COMBINED SINGLE LIMIT $/ -Xl ANY AUTO / (Ea accident) 1,000,00e ----i _~ ALL OV'INED AUTOS BODILY INJURY $ , SCHEDULED AUTOS (Per person) B --' ~ HIRED AUTOS BODILY INJURY X NON-OV'lNED AUTOS (Per accidenl) $ m Add I Ins provided** PROPERTY DAMAGE $ X \fa i ver Sub provd * * , (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ! r--'l EA ACC $ I -J ANY AUm OTHER THAN I AUTO ONLY: AGG $ -" I 1 EXCDSlUMBR&LLA LIABILITY / UMOO012901 06/27/2006 06/27/2007 EACH OCCURRENCE S -0/ 5,00O,00C \ IX OCCUR o CLAIMS MADE ./ AGGREGATE $ 5 , 000 . ooe A bl I s I DEDUCTIBLE $ i X RETENTION $ 10,000, $ \ WORKERSCOMPENSAnoNAND / TSF-0001163705 12/01/2005 12/01/2006 X 1 ~~1~J:?~~1 IOJ~- EMPLOYE. LIABILITY I E,L. EACH ACCIDENT $ 1,000,00C C ANY PRm:JITORlPNUNERlEXECUTIVE I OFFICE MBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE S 1 ,000 , OOC \ ~es. deKee under **BLANKET WAIVER E,L. DISEASE. POLICY LIMIT S 1 , 000 , OOC ECIAL PIIOVlSIONS below I I*W~~ePt 10 days for **As required by I written contract I !nonpayment of prem i urn I pDl!SCRlPTlON CW OPERA TIIDNS I LOCA llONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject Name: Museum Fire Suppression Phase 2-Project No, 4320; ~he City of Corpus Christi is named additional insured on a II General Liabi I ity and all Auto f-iabi I ity pol icies. ../ City of Corpus Christl Dept. of Engineering Services Attn: Contract Administrator P O. Box 9277 Corpus Christi. TX 78469-9277 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE JXPlRAnON DATE THEREOF. THE ISSUING INSURER WlU ENDEAVOR TO MAIL " ~ DAYS WRITTEN NonCETO THE CERnFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA nON OR LIABILITY SENTAnVE5. ACORD 25 (2001/08) ORATION 1lM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate 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 certificate 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 (2001/08) POLICY NUMBER: GL00048101 I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifIeS insurance provided under the following: j COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Corpus Christi Dept. of Engineering I Attn: Contract Administrator 'I P.O. BQx 9211 Corpus Christi, TX 78469-9271 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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. CG20101185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 o TE 990 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM j This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective PoliCY Number RANGER FIRE INC / DCT000006607 Named Insured The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. is an insured, but only with respeclto legal responsibility for acts or omissions of a person for whom Liability Coverage is affordec under this policy. BLANKET AS REQUIRED BY WRITTEN CONTRACT ( Enter Name and Address of Additional Insured) The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premiur 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 noti the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. 550.00 FULLY EARNED FLAT CHARGE FORM TE 99 018. ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed March 18, 1992 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. POLICY CHANGES PoliCY Change Number POLICY NUMBER GL000481 01 I NA DINSURED POLICY CHANGES EFFECTIVE 6/27/2006 COMPANY Aspen Specialty Ins. AUTHORIZED REPRESENTATIVE J RANGER FIRE, INC. PARTS AFFECTED GENERAL LIABILITY CHANGES \ It is hereby understood and agreed that the Cancellation Clause of the above policy \ is hereby amended to read: "30 Days Notice of Cancellation to The City of Corpus I Christi; Dept of Engineering Services; P.D.Box 9277; Corpus Christi, TX 7846.9-9277." I IL 12 01 11 85 Copy.right, Insurance Services Office. Inc., 1983 Copyngnt; ISO commercial Rill< Services, Inc., 1983 ....... ......- .~ _~ ~,..~.........-.. ....... """c ,"" TE 02 02J .j CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT The endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM j This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Named Insured j OCT000006607 Endorsement Effective Policy Number 6-21-06 RANGER FIRE INC I 30 days before this pOlicy is cancelled or materially changed to reduce or restrict coveragE we will mail notice of the cancellation or change to: BLANKET AS REQUIRED BY WRITTEN CONTRACT ( Enter Name and Address) FORM TE 02 02A _ CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed March 18, 1992 reUSMutuar Insurance Ulnpany TEXAS WORKERS' COMPENSA liON AND EMPLOYERS LIABILITY POLICY we 42 03 01 f TEXAS AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of thl Information Pa!}e. GENERAL SECTION B. Who Is In:sured is amended to read: You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a partnership 0 joint venture, and if you are one of its partners or members, you are insured, but only in your capacity as an employe of the partqership's or joint venture's employees. o State is ar1ended to read' State mea.1S any state or territory of the United States of America, and the District of Columbia. PART ONE. WORKERS' COMPENSATION INSURANCE E Other Insurance is amended by adding this sentence: This section only applies if you have other insurance or are self-insured for the same ross. F Payments You Must Make This section is amended by deleting the words "workers' compensation" from number 4. H Statutory I'rovisions This secti01 is amended by deleting the words "after an injury occurs" from number 2. PART TWO - EMPLOYERS LIABILITY INSURANCE C Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injurY. Section 6 i5. amended to read: 6 Bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclUSion does not apply to bodily injury to a citizen or resident of the United States of America. Mexico or Canada who is temporarily outside these countries. D. We Will Defend This sectiorl is amended by deleting the last sentence. WC..2 0) 01 F 11 - 01 -2000) Page 1 of 3 PART FOUR - YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read 6 Texa:; law allows you to make weekly payments to an injured employee in certain instances. Unless authoriz by law. do not voluntarily make payments, assume obligations or incur expenses, except at your own cost. PART FIVE - PREMIUM A Our Manuals are amended by adding the sentence: in this part, "our manuals" means manuals approved or prescribed by the State Board of Insurance. C. Remuneration Number 2 is amended to read: 2 All other persons engaged in work that would make us liable under Part One (Workers' Compensa Insurclr1ce) Df this policy. This paragraph 2 will not apply if you give us proof that the employers of these pers lawfully secured workers' compensation insurance. E. Final Premium Number 2 is amended to read: 2 If you cancel, final premium will be calculated pro rata based on the time this policy was in force. Final prem wifl ne,t be less than the pro rata share of the minimum premium. PART SIX - CONDITIONS A. Inspectiorl is amended by adding this sentence Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy te canceled by us. e Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. Cancellation is amended to read J D. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancellation j: take effect. __\J., 2. -~ ) 3. We may cancel this policy. We may also decline to renew it. We must give you written notice of cancellatior nonrenewal That notice will be sent certified mail or delivered to you in person. A copy of the written notice be sent to the Texas Workers' Compensation Commission. Notice of cancellation or nDnrenewal must be sent to you not later than the 30th day before the date on wt the cancellation or nonrenewal become effective, except that we may send the notice not later than the 10th l before the date on which the cancellation or nonrenewal becomes effective if we cancel or do not rer becau~je of: a. Fraud in obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calculation; c F~lilure to pay a premium when payment was due: WC420301 F (1 -01-2000) Page 2 of 3 ,-.....' --.- ..,,-..,,-. .__.---_._"~.....- _.~.~--_.- ._. >,'_... --.- - d .e..n increase in the hazard for which you seek coverage that results from an action or omission an< 'Nould produce an increase in the rate. including an increase because of failure to comply with reaso -ecommendations for foss control or to comply within a reasonable period with recommendations des .0 reduce a hazard that is under your control; e. c.. determination by the Commissioner of Insurance that the continuation of the policy would place Jiolatlon of the law, or would be hazardous to the interests of subscribers, creditors, or the general put 4 If another insurance company notifies the Texas Workers' Compensation Commission that it is insuring y an employer, such notice shall be a cancellation of this policy effective when the other policy starts. Part Seven has been added as follows: PART SEVEN - OUR DUTY TO YOU FOR CLAIM NOTIFICATION A. Claims Notification We are rE'quired to notify you of any claim that is filed against your policy. Thereafter we shall notify you c proposal to settle a claim or, on receipt of a written request from you, of an administrative or judicial proce relating te the resolution of a claim, including a benefit review conference conducted by the Texas We CompensCition Commission. You may, in writing, elect to waive this notification requirement. We shall, on the written request from you, provide you with a list of claims charged against your policy, paYI made and reserves established on each claim, and a statement explaining the effect of claims on your pre rates. We must furnish the requested infonnation to you in writing no later than the 30th day after the date we re your request. The information is considered to be provided on the date the information is received by the l States Postal Service or is personally delivered COMPLAINT NOTICE: SHOULD ANY DISPUTE ARLSE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF THE PROI :S NOT RESCLVED. YOU MAY ALSO WRITE THE TEXAS DEPARTMENT OF INSURANCE, P.O, BOX 14 AUSTIN, TEXAS 78714-9091. FAX # (512) 475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS iNFORMATIOl\ ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. This elldorsement changes the policy to which it is attached effeclive on the inception date of the policy unless a different date is indicated belo\ (The following "attaching clause" need be completed only when this endorsement is issued subsequenl to preparation of the policy.) This endorsement, effective on j at 1201 A.M. standard time. forms a part of Policy No TSF-OOO 1163705 20051201 of the Texas Mutual Insurance Company issued to RANGER FIRE I NC Premium $ Endorsement No. j ~ pJo '- Authorized Representative we 42 03 01 F (1 -01 - 2000' Page 3 of 3