Loading...
HomeMy WebLinkAboutC2007-223 - 6/26/2007 - ApprovedF R S • Anchor Group S P E C I A P R O V T S I O N S S P E C I F I C A T I O N S A N D . C O N T R A C T S OF A N D BONDS F O R SPORTS FIELD FENCING � IMPROVEMENTS E'OR PARKS AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3460 Fax: 361/826 -3864 AND DEPARTMENT F ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 PROJECT NO: 3317 DRAWING NO: CP 160 2007 -223 06/26/07 M2007-163 S P E C I A LI Q N S PROVIS S P E C I F I C A T I O N S A N D F R M S OF C O N T R A C T S AND o N D S FOR s PORTS FIELD FENCING GEL R. ESCOBAR 44+1 41205 5/007 PROJECT NO: 3317 IMPROVEMENTS FOR PARKS AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3460 Fax: 361/826-3864 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 r (Revised 7/5/00) SPORTS FIELD FENCING IMPROVMENTS fab le of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 A-2 A-3 A-4 A-5 A-6 A -7 A -8 A-9 A -10 A -11 A-12 A-13 A-14 A-15 A -16 A-17 A-18 A -19 A -20 A -21 A-22 A-23 A- 2 A-25 A-26 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 Wage Rates (Revised 7/5/00) Cooperation with Public Agencies (Revised 7/5100) Maintenance of Services Area Access and Traffic Control Construction Equipment Spillage and Tracking Excavation and Removals Disposal /Salvage of Materials Fkeld-0114cc (NOT USED) Schedule and Sequence of Construction Construction Staking Testing and Certification Project Signs Minority/Minority Business Enterprise Participation Policy (Revised 10/98) Inspection Required (Revised 7/5/00) Surety Bonds Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) Supplemental Insurance Requirements (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A-34 Precedence of Contract Documents A-36 Other Submittals (Revised 9/18/00) NOT USED) (NOT USED) A-38 Yorker's Compensation Coverage for Building or Construction Projects for Government Entities A-40 Amendment to Section B-8-6: Partial Estimates (NOT USED) (NOT USED) A -42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As- Built Dimensions and Drawings (7/5/00) ;. (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS (NOT USED) 028320 CHAIN LINK FENCE (S-70) 030020 PORTLAND CEMENT CONCRETE (S-40) ) 099020 PAINTING (S-56) PART T -- TECHNICAL SPECIFICATIONS NONE LIST OF DRAWINGS SHT DSCRPTII 1 TITLE SHEET 2 SPARKLING CITY SITE PLAN 3 GREENWOOD SITE PLAN 4 BUCCANEER SITE PLAN 5 FENCE DETAIL SHEET 6 BUCCANEER LITTLE LEAGUE DUGOUT PHOTOS (EXISTING CONDITIONS) NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SPORTS FIELD FENCING IMPROVEMENTS S consists of removing and replacing approximately 3,400 LF of fence improvements including outfield and foul line fences, backstops, dugouts and gates at the Sparkling City Softball Fields, Buccaneer Little League field, and Greenwood Softball Complex in accordance with the plans, specifications and contract documents. The proposals will be received at the office of the City Secretary until 2:00 . . on Wednesda June 6 2007, and then publicly opened and read. Any bid receive a er c osing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m. Thursday, May 1.! 2007 and will be conducted by the City, e oca Ei on of the meeting ‘TtIII—be the Department a of Engineering Services Hain Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 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 Leif and no/100 Dollars ($50.00) as a guarantee of their return in goo condition within two wee s of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor -shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R. Escobar, P.E. Director of Engineering Services s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A P4C)VECIE CONTRACTORS -- INSURANCE Revised May, 2006 A Certificate of Insurance indicating proof of coverage is required; in following amounts TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE L1ABILIT - -OWNED NON-OWNED OR RENTED WOR RS ' COMPENSATION EMPLOYERS* LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER MINIMUM INSURANCE COVERAGE Bodilar Injury and Property' Damage PER AGGREGATE $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE WORKERS' E.RS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBED SINGLE LIMN $2,000,000 COMBINED SINGLE LINIT 0 REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance requirement 0 REQUIRED X NOT REQUIRED $100,000 Combined Single Limit See Section B -6--11 and Supplemental Insurance Requirements 0 REQUIRED X NOT REQUIRED Page 1 of 2 O The City of Corpus Christi must be named as an additional insured on all coverages xeept worker's compensation liability coverage. O The name of the Project must be listed under "description certificate of insurance. of operations" on each O For each insurance coverage, the Contractor shall obtain an endorsement to the insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or t coverage. The Contractor shall provide to the City change any insurance policies coverages which are e �.t the other endorsements to specified in section - --I1 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, Contract Administrator a 880-3500. plea contact he Page 2 of NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR VE RNM N'T ENTITIES Texas law requires that most contractors, subccn tr actors , and others providing work or services for a City building or construction pr. ec . must be covered by worker's compensation insurance, authorized eif - 7.surance , or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services including deliveries to the job site) Z provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the mai:. :eence guaranty period. 'Motor carriers which are required to regis=er with the Texas Deparzment of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article .67, Section need not provide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110 certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the .Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing sex-vices on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and ? . the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that i s will timely corgi y with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORs - 9 (Revises 1/13/96) Page 1 of 7 8/717a .;. Ile i.` Title 2S. INSLRANCE Part H. TEXAS WORKERS' COMPENSATION C M SS O * Chapter 110. REQUMED NOTICES OF COVERAGE Subchapter 13. EMPLOYER NOTICES 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The followinz words and terms, when used in this rule. shall have the following meanings, unless the context clezrly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage ce: t caie.,—A copy of a certificate of L surance, a certificate of authority to self- sure issued by the ccrnmission, cr a workers' compensation coverage a regiment (ACC -81, TWCC- 2, CC- 3, or '[ CC -84 ), showing statutory workers' compensation insurance coverage for the person's or entices employees (including those subject to a coverage agreement) providiu services on a project, for the duration of the project. Building or construction—Has the ezni g deiced in the Texas Labor- Code, § 406.096(e)(1). Contractor—A person bidding for or awarded a building or coast ian project by a governmental entity. - r (4) Coverage—Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 40L011(44). Coverage agreement—A written a ree:ne t on form TWC - 1, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the "exas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project — Includes the time from the beginning of work on the project until the work on the project has been completed. an ► accepted by the governmental entity. (7) Persons providing services on the project. ( "subcontractor" n § 406.096 of the Art)—With the exception of persons excluded under subsections and i of this section, includes all persons or entities performina all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person conracied directly with the contractor and regardless of whether that person has employees. `l~ s includes but is not limited to independent contractors, subcontractors. leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services' includes but is not limited NOTICE TO CONTRACTORS - Revised 1/13/96) Page 2 of 7 httpliwww es.state.t .0 tac 3 11 B 11 .110. html 8/7/98 P a n e :o .a.._. :: n , ceiiverin equipment or :. � , or :rcn�idin labor, t# a nsoo :. :cn. r • - ote: se v:oe :o rojecT . 'Services" does not activities; unrelated to the proie;:.. as foo ioevera22 vendors, c, ce suopiy deliveries, delivery of por�rable toilets. (8) Proje--,:—Laciudes the pro yi iori of all services reiar.ed to a builc.iin or construction con :Tact for goverrznentai entity. (b) or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of 7.411C insured who are providing services on the project e covered by workers' compensation coverage, that the coverage is based on proper reporting ofassctaon codes and payroll amounts, and that ail coverage agreements have bee with the an ropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Seel: Insurance Reuiation. Providing false or misleading ceralcates of coverage, or failing to provide or maintain required coverage, or failing to report any chan a that materially affects the provision of coverage may subject the contraor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A g enti �. ' Ac 110.110 Page 3 of A contractor shah 1) provide coverage for its employees providing services on a project, the duration of the project sed on proper reposing of class &a on codes and pa.I.Toil amounts and Eng of any coverage 'eernents; {ti 2) provide a certificate of coverage showing workers' compensation coveraze to the governmental entity prior to begianime work on he project; provide the governmental entire-, prior to the end of the coverage period. a new certificate of coverage showin extension of ccvera e, if the coverage period shown on the contractor's current ertific to of coverage ends dui= the duration of the project; obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person berg work on the project, so the governmental tity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain ail required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify gent eovera a 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 p p least 19 point norms type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this constniction project must be covered by workers' compensation insurance, Ills includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employees failure to provide coverage." h pJ /www sos.state. txusitac128/11/110/Bil 10.110. htr . NOTICE TO CONTRACTORS - 8 Revised 1/0/90) Page 4 of 7 8/7198 2S TAC ,1O.11 gage 4 of contractually quire Pzcn t r n with whom it contracts *. o services c .+ ,project to: provide coverage based on proper reporting of classification codes and payroii arnounts and .. +� `ter the duration f any coverage agreements for all `its employees rovidin services the project. % _c. of the project; (13) provide certificate of coverage to the contractor prior to that person beging work n the project inciude contracts to provide services en the project the language in s bse. ,ion (e)(3) s (C) t�uce�aIlco section; ' ' of prior to the end of the coverage period, a new certificate of coverage (D) provide the contra ' coverage, the coverage period shown the current certifcite of coverage showing extension o ends during the duration of the project obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person bey g work on the project; :d � -. rage erio a new certificate of coverage sho vin a tension of the (ii) prior to the end f e coverage , �, coverage period shown on the current certificate of coverage ends during the coverage period, � � duration of the project; all required certificates s of coverage on file for the duration of the project acid for one year (F) retain there rte ' ' governmental entity in writing certified mail r personal delivery, within ten days (G) cooly the got of . have known, of an change that materially affects the provision of after the person knew or should � coverage of any person providing services on the project; and (11) contractually require r each other person with whom it contracts, to perform as required by of this with the certificate of coverage to be provided to the person subparagraphs (A)-(H) # � for whom they are providing services. (e) A providing services on a project, other than a contractor, shall: provide coverage for its employees rovidinr services on a project. for the duration of the project pro � of ,. , of coverage based on proper reporting or class c tion codes and payroll amounts and fang of any cover g agreements provide a ' certificate of coverage as required by its contract to provide services on the project, prior to being work on the project; e in its contract to provide services on the project: "By signing this have the following language p r providing or causing to be provided a certificate of coverage, the person signing this contract or pro g p act is representing to the governmental entity that all employees of the person signing this cot ep � contras: who will provide services on the project will be covered by workers' compensation coverage p � http://www.sos.state.tx.usitac/28Mil 10/B/110.110.html NOTICE TO CONTRACTORS S - s Revised 1/13/98) Page 5 cf 7 817198 L a I. a V. L 1 rage ca o �. � , :. that �,� • will ��.sen on r reoln of classification for �:°^.�::alloil o� �...� project, .'.� the ��? .� -� codes and �--- and that ail coverage agreements •, be filed with the appropriate .�� o� amounts, � � the � ion`s Division of Leif- Insurance insurance carnet or, : the case of a self - insures, with the commis .� {t vidin false or n steading information may subject the contractor to administrative eS�L�uo••f� ■ ro +� �* en ties, or other civil ■ � • i ' ac�o�y penalties, criminal penalties, civil • whom it is providing services o the project, prior to the end of the provide the person for � coverage period d shown on its current certificate of certificate coverage, a new certificate showing extension of coverage, if the coverage e erirod shown on the certificate of coverage ends during the duration of the project; . from person providing services on a project under contract to it and provide as obtain n'orn earn p � required by its contract: certificate of coverage, prior to the other person be2inning work on the project; and (B) priar to the end of the coverage period, a new certificaxe of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain required certificates of coverage on fie for the duration of the project and for one year t ereztter, . ,, vern ental entity in writing by certified mail or personal delivery, of any change that Hoary the go t' the provision of coverage of any person providing services on the project and send materially affects the notice within ten days after the person knew or should have known of the change; an d contractually require each other person with whom it contracts to: coverage based on proper reporting of classification codes and payroll amounts and �g (A) provide co .� p of any coverage agr eements for all of its employees rovidi g services on the project, for the duration of the project; provide a certificate of coverage to it prior to that other person beginning work on the project; de in ail contracts to provide services on the project the language in paragraph (3) of this (C) �nlu to p subsection; provide, prior to the end of the coverage period, a new certificate of coverage showing extension of e coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: a certificate of coverage, prior to the other person beginning work on the project; and (ii) to the end of the coverage period, a new certificate of coverage showing extension of the cove; age period, if the coverage e eriod shown on the current certificate of coverage ends during the http://www.sos.state.tx.usitac/28/11/11053/110.110.html NOTICE TO CONTRACTORS - 8 Revizcd 1113/9 Page 6 o 7 8/7198 Page 6 of duration of the contract: retain ail required ce:z. :es of coverage on file for the duration c: the project and for one year thereafter, (0) notify the governmental l entity in writing by certified ail or person delivery, within ten days aver the person knew or should have known, of any change that materially affects the provision of coverae of any person providing services on the project; and (H) contractually require each :son with whom it contracts, to perform as required by this - subsubparagraph and subparagraphs A. <G of this para aph. with the certificate of coverage to be provided to the person for whom they are providi PART A SPECIAL PROVISIONS SPORTS FIELD FENCING IMPROVEMENTS SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receivin. Proiosals /Pre -Bid Hestia 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 .m., Wednesday, June 6, 2007. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - SPORTS FIELD FENCING I IMPROVEMENTS A pre -bid meeting will be held on Thursday, May 31, 2007, beginning at 10:00 AM. 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 se•arate visitations will be conducted b the Cit A-2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A-3 Description of Project Sports Field Fencing Improvements consists of removing and replacing approximately , 400 LF of fence improvements including outfield and foul line fences, backstops, dugouts and gates at the Sparkling City Softball Fields, Buccaneer Little League field, and Greenwood Softball Complex in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following priority order, subject to the availability of funding: Total Base Bid OR Total Base Bid Plus 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. Section A - SP (Revised 12/15/04) Page 1 of 3 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. Bid Bond (Must reference SPORTS FIELD FENCING IMPROVEMENTS; PROJECT NO. 3317, as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of completion Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion. The contractor must coordinate work with league play. Work cannot begin on one field until all work has been completed on the previous field. The working time for completion of the Project will be calendar da s. The Contractor shall commence work within ten (10) calendar � � } days after receipt of written notice from the Director of Engineering Services or designee ("City Y Engineer") to proceed. In order to facilitate ongoing league play at each field the following scheduling considerations must be taken into account: Sparkling City Softball Fields Games are conducted starting at 6:00PM on Wednesday all nights g 1 day on Saturday. Any fence removed must be replaced in its entirety by : 0P Wednesday and : 0PM Friday unless otherwise coordinated with league management. No work will be conducted on Saturdays. Greenwood Softball Fields All work shall be completed on the Yellow and Green fields as designated in the drawings prior to work starting on the Red and Blue fields. City Parks and Recreation crust be notified 3 days in advance prior to starting work on the Red and Blue fields. Buccaneer Little League Field Games are conducted starting at :00PM on weeknights and all day on Saturday. Any fence removed must be replaced in its entirety by : o0PM on weeknights s otherwise coordinated with league management, No work will be conducted on Saturdays. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December- 3 Days Section A - SP (Revised 12/15/04) Page 2 of 23 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, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Com a s►tion Insurance Covera•e If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements- of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Pro.osals 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 8-2 of the General Provisions. A-9 A knowled. . ent of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 12/15/04) Page 3 of 23 A -10 Wage Rates (Revised 7 0 0) Labor preference and wage rates for building construction. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, worn, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by there in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project . These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals . ) One and one-half (14) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A-11 Cooperatlon with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Prof ect . The Contractor shall provide a forty- eight (4 8) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the DIG TESS System 1-800-DIG-TESS (1- 800 - 344 - 8377), the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bel . Locate Group at 1-800-828- 5127 . For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer 'Angel Escobar, P Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Dent Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fier optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCam (Fiber optic) C iPROCK (Fiber optic) Brooks Fiber Optic (IAN) 826 -3500 826 -3500 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 hours) (880-3140 after hours) (885 -6900 after hours) (880 -3140 after hours) (693 -9444 after hours) (1 -800- 824 -4424, after hours) (857-1960) (857-5060 after hours) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850 -2981) (Mobile) Section A -- SP (Revised 12/15/04) Page 4 of A-I2 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumpd, bailed or Plumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. 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-14 Construction Equipment p iia. a and T ackin• The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Section A - SP (Revised 12/15/04) Page 5 of 23 Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED The Contractor must furnish the City Engineer or his representative •, field office at the construction site. The field office must cotes least 30" x 60" and two (2) chairs. The Contractor shall move - - -th f, d �. Schedule and a en of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion. The contractor must coordinate work with league play. Work cannot begin on one field until all work - has been completed on the previous field. The working time for completion of the Project will be 60 calendar_ days. The Contractor shall commence work within ten (1 0) calendar days after receipt of written notice from the Director of Engineering Servi Sparkling City Softball Fields Games are conducted starting at 6:00PM on Wednesday nights and all day on Saturday. Any fence removed must be replaced in its entirety by : 0P[ Wednesday and 5:00PM Friday unless otherwise coordinated with league management. No work will be conducted on Saturdays. Greenwood Softball Fields All work,, shall be completed on the Yellow and Green fields as designated in the drawings prior to work starting on the Red and Blue fields. City Parks and Recreation must be notified 3 days in advance prior to starting work on the Red and Blue fields. Buccaneer Little League Field Games are conducted starting at 6:00PM on weeknights and all day on Saturday. Any fence removed must be replaced in its entirety by 5:00PM on weeknights unless otherwise coordinated with league management. No work will be conducted on Saturdays. The Contractor shall submit to the City Engineer a work plan based only on ALE DAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must i r Consultant Project-- wife ; -- requ4ATed deviation would aeee-s-13itate a revision the drawings, the Contractor shall provid -sup ertft measurements as required for the City or Consultant Project The—Ge-n-t-r-actor shall tie in or refer-on-0o- a1 s a p d ,ip .-, , cs ,.- oth CC personnel for the purpose of assisting the measuring of the completed we-. The Contractor shall provide the fo- llowing certification for doeumentatieft and—verification of compliance with the Contract Documents, plans and pee --i le tiono , Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land ry y - -- - •- P,-L.- - 1nscd in the state of Texas retained and paid by the Contractor. The Third laa-r-ty :L. . shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify eomplianee to any regulatory permits. Streets: •—A-1-I--curb 7rti / �-` ■ i # at point o -f -- -- t Lr n Lr 4J Yt Yt f Yy r eu o c V • Curb and gutter flow lint - both sides of street on a 200' interval; •- —t 3+* ♦ c t c i^ i1 Y _ i ir'► r"s V V ' interval t c Y* r". h /ti 4 n ti -. W—t at r =Al -r- 4.-nv rt elevations an o1�; • 1 ; ntc,.. ,-,e inq lines-in manhole ; • Casing elevations (top-of pips and flow lint) (T DOT and RR-permits). • All top f vvu 1 ves box; .elv s- vaults rim; {top of pipe- -and flow lint) (TXD ' nd r . Stormwater • 111 rim /invert elevations -at manholes; • All intersecting lints in manholes; Casing 1c tions (top of—pipe—mid flow L .fie ---TX A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project si.gn2 NOT USED following drawings. (Attachment hment - IV) The signs m st - -- e --- -nsta11ed before the Contractor. The location of the signs will be determined-in the- field - - -by the City Engineer. Section A - SP (Revised 12/15/04) Page 8 of A-22 Kinorityplipority_plisiness Erfprse Participation Polio (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c, Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more mino rity 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 Pa eats Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, Section A - SP (Revised ,12/15/04) Page 9 of 23 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.O% 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.O% 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 rrrust have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 4 1 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. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make biweekly payroll submittals to the City Engineer, The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may Section A -- SP (Revised 12/15/04) Page 10 of 23 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 Inspection 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. per: Contractor must obtain the Certificate of Occupancy, when applicable. Section B --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. P224 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued.' A-25 Sales Tax Exemption (NOT USED) in lieu thcree Section A - SP (Revised 12/15/04) Page 11 of r -- 1et s to operate-under a - -separated-contract, he G 1 i L----Obtain thc_ee-asry sales-tax permits from the State Comptroller. Other Charges" in the proposal form the cost of materials physically -- resale certificates to suppliers. with copies - f -- atcri l -tom -- bstant -- .1 value of materials. .. ..,.. - - doe s--fte- -e1 et er under -a separated t ra - - -h Us'- 'Faxes applicable to this -Project. S- 7 n} -. c t ,-.. f, a -rte- 1 -- o r -, c s t aii--- x p t i n s if the subcontractor „-iicatc to the subcontractor and the A.-26 Supplemental Insurance Requirements subcontractor, in turn, For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 - The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. Section A -- SP (Revised 12/15/04) Page 12 of 23 For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A--27 Responsibility for Damage Claims NOT USED -_ a___endcd ta include= A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any bf its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of . the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field ministration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. Section A -- SP (Revised 12/15/04) Page 13 of 23 The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer ' s obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section 8-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five ( ) working days following the public opening and reading of the proposals, the three ( ) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A - SP (Revised 12/15/04) Page 14 of 23 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 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 -2 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 days following bid opening, submit in letter form, information identifying type of entity , and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s ) of individual (s) authorized to execute contracts on behalf of said entity. A-31 o3.isy on Extra Work and Change Orders [finder "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 PoLi.cy ors Extra Work aln d Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 'Execution of Contract" is Under "General Provisions and Requirements for Municipal Construction Contracts" -3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP (Revised 12/15/04) Page 15 of 23 A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre --Bid Meeting referred to in .-dial 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 Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. City Water _Facilities: Special Requirements (NOT USED) A. i i r tr Orientation - •• ' - --- at any City water facility, the G . it actor, him aubcont Tact ors, and each of t et a Visitor/ on rogram conducted by the be offered by authorized Cry- Water Depa-rt t p ,maconn 1 for those person- -r ‘ 101: -4. _ C. by an op•e _ : # the City -- z cr Dep r m n . - imcs. T Z. 11 coordinate its work with the City Water All mate ipment used in the repair, - - `eaeinhly, • = + - ' - in! and inspection of pumps, or any -ice -i - Standards Institute /National itat er.. Fou -n ...tion (ANSI/NSF) Standar d • --- 1 ac dear ..; bc.a ' • " ations. ZZ Section A -- SP (Revised 12/15/04) Page 16 of 23 r e e A i I e • ACQUI . ION) Section A - SP (Revised 12/15/04) Page 17 of 23 r -based monitor rq r rabi- � ! - -t the _n i c y w t r and wastewater industry; 2. He has prior p j . tiT `y . _ _ f{c fA A ems+ b e act iv v el y engaged in 4he L ,J + L/ l • - - cci i_ L ; r. h -e n few* - -- a t least Engineer to aupervi c - '1 perform the -- o = - o rb ; e spc ± -i ations . eefflpleted a manufacturer's traini software proposed for the --Co�-aet 6. Re t crs, T's# - _ _ _ . . _ .. • _ the Project site to ..aintair - opai - a i-b-r--a am - the systems �e- .. _ . _ .. ... .. _ • - - tent. Where this is ti a1, all equipment 4-i Y Sri# ,I pc ,-- .ffeettiet of one manufacturer. Plat will be used in- ev1 , this Project. laIeeks required to show the programming as needed and - .. he existing City &CADA system. -- Attached -irs an p e mmmi g blocks which the City requires to be filled in Contracta-will provide all programmi supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 7- 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 Re•air Re•ort When specified in the Technical Specificati6ns Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related e• tn., .ment will not be a. •roved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished r t ie Ci " NOT USED If conottet-i-en " ar Z Z s 'Z Z, • If f 11 if Section A - SP (Revised 12/15/04) Page 19 of 23 A-36 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) A-40 Amendment to Section B-6-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED price ind A-42 OSHA Rules & Re • lations work day and the It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, xnaterialman, 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 material an. Section A - SP (Revised 12/15/04) Page 20 of 23 Licii_ch2p9.2L Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As -Built Dimensions and Drawin. s (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall 'include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. ( ) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) NOT USED A-47 Pre-Construction E • lora o Excavations (7/5/00) NOT USED 300 -f o, C. Section A - SP (Revised 12/15/04) Page 21 of 23 , distance to the el ati n o f the o f existing pipe rte report. id for on a lump u Any ice-of pavement patchi o a atc pay) for c pl A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc_, to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "'Maintenance Guarant " (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guarant r, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: SPARKLING CITY FIELD IMPROVEMENTS; PROJECT No. 3317 OWNER: CITY OF CORPUS CHRISTI ENGINEER: OE T R H.+ , P• E. CONTRACTOR: SUBMITTAL DATE : APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 PART B GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS General Decision Number: 'X070063 05/18/2007 TX63 Superseded General Decision Number: 7120030063 State: Texas Construction 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) Modification Number Publication Date 0 02/09/2007 1 05/11/2007 2 05/18/2007 BRTX0001-005 05/01/2007 Rates Fringes Bricklayer 20.00 6.50 * D 00278 -001 08/27/2006 Rates Fringes Electrician 18.45 4.75+7% 1R0 00 -002 01/01/2003 Rates Fringes Ironworker $ 16.10 4.65 P l 13 --001 07/01/2005 Rates Fringes Painter $ 15.15 4.42 SUTX1987-002 03/01/1987 Rates Carpenter.. $ 9.96 Cement Mason /Finisher $ 12.50 Laborer Mason Tender $ 7.14 Plumbers and Pipefitters (Including HVAC) $ 10.05 Power equipment operators: Fringes Page 1 of 3 Page 2 of 3 Backhoe $ 7.84 Roofer (including Built Up, Composition and Single Ply) 9.20 Truck Driver 7.50 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the " U" 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 1.) 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 • a conformance (additional classification and rate) ruling On survey related matters, initial 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 . 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 200 Constitution Avenue, N.W. Washington, DC 20210 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 1.8 and 29 CFR Part 7). Write to: Page 3 of 3 Wage 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 directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, I.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION AGREEMENT THE STATE OF TEXAS COUNTY OF NUE CE THIS AGREEMENT is entered into this 26TH day of JUNE, 2007, 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 The Anchor Group Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County. Texas: In consideration of the payment of $68,242.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements ents described as follows: SPORTS FIELD FENCING IMPROVEMENTS PROJECT NO. 3 317 (TOTAL BASE BID I- ADD .ALT . NO.1: $68,242.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all raps, 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 SPORTS FIELD FENCING IMPROVEMENTS BASE BID , PART A - SPARKLING CITY FENCING IMMOVEMENTS 111 BID ITEM QTY UNIT Al 1000 LF DESCRIPTION 'REMOVE AND REPLACE OUTFIELD AND FOUL LINE FENCE FABRIC, POSTS, AND :ACCESSORIES (INCLUDING ELECTRICAL EQUIPMENT AREA) , complete in place • ear LF A3 X20 LF UNIT PRICE TOTAL PRICE IN FIGURES REMOVE AND REPLACE DUGOUT FABRIC AND ACCESSORIES, complete in place per LF REMOVE AND REPLACE BACKSTOP FABRIC AND ACCESSORIES, complete in place per LF. o DEMOLISH AND REPLACE ' X 10' VEHICLE GATES, complete in place per EA STRETCH AND RE -TIE FOUL LINE FENCE FABRIC, complete in place per LF 3000.00 3000.00 BASE BID, = PART B - '- GREENWOOD OD S =WING TINT f S I II III IV V BI D QTY & DESCRI PTIN F PRICE TOTAL PRICE I UNIT -- IN FIGURES BI 240 LF REMOVE AND REPLACE FENCE FABRIC AND ACCESSORIES FOR 18' TALL EXISTING i BACKSTOP, complete re place per 2. /5, . • $ ' : 2 LF ' REMOVE AND REPLACE DUGOUT U FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF SUB-TOTAL PST B --- GREENWOOD SOFTBALL FENCING 1 TS $ 9 Fa $ --- BASE PI , PART C - BUCCANEER LITTLE LEAGUE FENCING naRovineaus • I II III IV V BID QTY & - ---- DESCRIPTION UNIT PRICE TOTAL PRICE STEM -- IN FIGURES C1 600 LF REMOVE AND' REPLACE OUTFIELD AND FOUL LINE FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF 2. /5, $ '2 . ` _ C2 2 LF ' REMOVE AND REPLACE DUGOUT U FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF $ 3 2 $ 9 Fa C3 .112 LF . REMOVE 20 FT HIGH BACKSTOP FENCE FABRIC, POSTS, AND ACCESSORIES complete in place per LF $ 53 . • as _., $ 5 2 C4 C5 C6 C7 C8 60 LF 60 LF CONSTRUCT 12 FT HIGH BACKSTOP WITH NEW FABRIC, POSTS, AND ACCESSORIES Complete in place per LF REMOVE AND REPLACE 12 FT HIGH INFIELD FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF 2 EA CONSTRUCT NEW VEHICLE GATES, Complete In place per EA 2 EA 1 L S CONSTRUCT NEW PEDESTRIAN GATES, Complete in place per EA ALLOWANCE FOR ADDITIONAL FILL AND UNANTICPATED REMOVE AND REPLACE FENCE, complete in place per LS SUB-TOTAL PART C - BUCCANEER LITTLE LEAGUE FENCING S (C1-C8) ADDITIVE ALTERNATE NO. S° $ 4's__ 5 es 02- $ 2000.00 2. 910 - -' •0 0 o (-2-- 8 $ 2000.00 �sz we -,,,SPARKLING CIT FIELD BACKSTOP OVERHANG 1 11 BID QTY ITEM UNIT 111 DESCRIPTION AA1.1 2 EA WELD ' POST MATERIAL AT 45 DEGREES TO TOP OF TWO NEW BACKSTOPS AND COVER WITH FABRIC, complete in place per EA SUB-TOTAL PART AA1 - SPARKLrNG CITY FIELD BACKSTOP OVERHANG A 1 . UNIT PRICE TOTAL PRICE IN FIGURES S !9'eo" $ 3� BID SUMMARY SUBTOTAL BASE 3ID PART A $ di ile SUBTOTAL BASE BID PART B $_ /Zit _E&C) -- SUBTOTAL BASE BID PART C $ z r TOTAL BASE BID $ 6 5 V �-- • ADDITIVE ALTERNATE NO . 1 $ 3 D O PROPOSAL PM Page 4 of 7 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 50 CALENDAR DAYS after construction is begun, Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance progresses. Signed in above. ATTEST: with the Contract Documents as the work 4 parts at Corpus Christi, Texas on the date shown City Secretary APPROVED AS TO FO By: - " - -- Asst. ity Attorney ATTEST: (If Corporation) -Prn GattiLLst (Seal '':el w) CITY OF CORPUS CHRISTI By: Ronald F. Massey. Asst, City Mgr. of Public Works and Utilities ,7 By: Angel R. Escobar, P.E. ter_ Director of Engineering Services CONTRACTOR The Anchor Group Inc. By: Aatyrv (Note: If Person signing for corpora ti on is not President, attach copy of authorization to sign) .. �.p L t. � F � fk r VPresce+ Titl e• I, 1470 N. BUSINESS 111-35 (Address) NEW BRAUNFELS TX 78130 (City) (State) (ZIP) 830/606 --5516 351/888 -5978 (Phone) (Fax) 11 1 S AUTHORILL SY COUNCIL Agreement Page 2 of 2 r N THE ANCHOR GROUP, INC. UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF THE BOARD OF DIRECTORS DECEMBER 17, 2004 Pursuant to the authority contained in Article 9.10B of the Texas Business Corporation Act, the undersigned, being the sole member ofthe Board ofDirectors of THE ANCHOR GROUP, INC. (formerly, ANCHOR POST PRODUCTS OF TEXAS, INC.), a Texas corporation, does hereby adopt the following resolutions with the same force and effect as though adopted at an Annual Meeting of said Board of Directors duly called and held: WHEREAS, pursuant to Section 3.07 of the Bylaws of this Corporation, the first meeting of each newly elected Board of Directors shall be held without further notice immediately following and at the same place as the annual meeting of shareholders or at such time and place as shall be specified in a notice given as provided for regular meetings of the Board of Directors; WHEREAS, pursuant to Section 3.13 ofthe Bylaws of this Corporation and Article 9.10B of the Texas Business Corporation Act, any action required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting, if prior to such action a written consent thereto is signed by all members of the Board and such written consent is filed with the minutes of the proceedings of the Board; WHEREAS, this Board of Directors determines to take certain action by unanimous written consent in lieu of the annual meeting of said Board of Directors as set forth in the following resolutions; NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Article 111, Section 3.01 of the Bylaws of the Corporation, from and after December 16, 2004, the number of directors which shall constitute the whole Board of Directors be, and the same hereby is, fixed at one; and be it FURTHER RESOLVED, that the following persons be elected to the office or offices set forth opposite their respective names below, each of such persons to GACtiNSCM1ANGIOR\UWC-BOD 121704.wpd serve until the next Annual Meeting of the Board of Directors following the next Annual Meeting of Shareholders ofthis Corporation, or until his respective successor has been duly elected and qualified: Name T.E. Brooks Steven R. Williams R. Michael Davis Robert D. Oldha David Westphal Office President, Secretary and Treasurer Vice President and Assistant Secretary Vice President and Assistant Secretary Vice President and Assistant Secretary Vice President and Assistant Secretary FURTHER RESOLVED, that the President, Vice President or Treasurer of this Corporation is hereby authorized to establish certain accounts with banks and . other similar financial institutions to be utilized by designated branch offices of the Corporation as such officer may deem proper in his sole discretion, with such accounts to be utilized by the designated branch offices of the Corporation as accounts of such branch office; and be it FURTHER RESOLVED, that with respect to such authorized accounts, once established, such officer is hereby authorized and empowered to designate the branch manager or other branch employee, at his sole discretion, to sign all checks, orders, drafts and si • FURTHER RESOLVED, that it has been the practice in the past, and shall be the policy of practice (the "Policy") ofthe Corporation, to operate the Corporation in full compliance with the requirements and provisions of the Equal Employment Opportunity provisions of the Civil Rights Act of 1964 and the equal employment opportunity laws, and as a part of such Policy, all recruiting, promoting, demoting, transferring, layoffs, terminating and other employee- related actions shall be without regard to race, religion, sex, color or national origin; and be it FURTHER RESOLVED, that the Policy shall include the recruiting and promoting of employees from among minority groups, and the attempt to employ minorities in every phase of the Corporation's operations; and be it FURTHER RESOLVED, that all of the actions of the officers of the Corporation during the period from December 19, 2003 through and including December 17, 2004, be, and the same hereby are ratified, confirmed and approved in all respects for all purposes. IN WITNESS WHEREOF, the undersigned has hereunto set his hand as ofthe seventeenth day of December, 2004. o: \OMMAN o \ W BO 1 !704.wpd t PROPOSAL R M FOR SPORTS FIELD FENCING IMPROVEI1ENTS Project No. 3317 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM Page 1 of 7 Proposal of7Ac. OR PROPOSAL Place: Date: i k a Corporation organized and existing under the laws of the State of ��yyS • a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned .hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: SPORTS FEW, =NCI= DW S PROJECT NO . 33 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 Page 2 of 7 IL SPORTS FIELD FENCING IMPROVEMENTS BASE BID, PART A — SPARKLING CITY FENCING 324PRomearrs Iv BID QTY & DESCRIPTION UNIT PRICE ITEM UNIT 'REMOVE AND REPLACE OUTFIELD AND 'FOUL LINE FENCE FABRIC, POSTS, AND Al 1000 LF :ACCESSORIES (INCLUDING G ELECTRICAL EQUIPMENT AREA), complete in place per _LF A2 80 LF :REMOVE AND REPLACE DUGOUT FABRIC AND ACCESSORIES, complete in place per LF REMOVE AND REPLACE BACKSTOP FABRIC A3 -an LF AND ACCESSORIES, complete in place per LF- AA A5 190 LF A6 I LS 2. 2-4L... 75 em S r7 - S t'yzg $ qj:'s $ ySo DEMOLISH AND REPLACE ' X 10' VEHICLE GATES, complete in place per EA STRETCH AND RE -TIE FOUL LINE FENCE FABRIC, complete in place per LF e SOB - TOTAL PART A - SPARKLING CITY FENCXNG IMPROVEMENTS (Ai-A6 BASE BID , PART' B - - S be ci5i) 3000.00 Yib MIEM MEM= TOTAL PRICE IN FIGURES BID ITEM QTY UNIT BI 240 LF DESCRIPTION REMOVE AND REPLACE FENCE FABRIC AND ACCESSORIES FOR 18' TALL EXISTING BACKSTOP, complete in place per LF UNIT PRICE SUB-TOTAL PART B - GREENWOOD SOFTBALL FAN S (B1) BASE SID, PART C — BUCCANEER LITTLE LEAGUE FENCING IMPROVEMENTS ;;__ TOTAL PRICE IN FIGURES BID ITEM QTY UNIT 600 LF DESCRIPTION REMOVE AND REPLACE OUTFIELD AND FOUL LINE FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF 92 LF UNIT PRICE REMOTE AND REPLACE DUGOUT FENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF REMOVE 20 FT HIGH BACKSTOP FENCE FABRIC, POSTS, AND ACCESSORIES complete in place per LF So $ 3 2.- 50 $ 53 ---- PROPOSAL FORK Page 3 of 7 C4 60 LF CONSTRUCT T 12 FT HIGH BACKSTOP WITH NEW FABRIC, POSTS, AND ACCESSORIES complete in place per LF $ Ye e $ 2. C5 60 IF~ REMOVE AND REPLACE r 12 FT HIGH INFIELD PENCE FABRIC, POSTS, AND ACCESSORIES, complete in place per LF $ 1_8- 0 C6 2 EA 'CONSTRUCT NEW VEHICLE GATES, complete in place per EA 00 • C7 EA +: '. CONSTRUCT NEW PEDESTRIAN GATES, i complete in place per EA - SP- po C L ALLOWANCE F`OR ADOITIC A , FILL AND NANTI PAT D � � AND REPLACE F NCE np ate in . 2000. $ 2000. • SUB—TOTAL PART C — BUCCANEER LITTLE LEAGUE FENCING C1— - $ • es ADDITIVE ALTERNATE NO . L.r I I II BID QTY & ITEM UNIT —"SPARKLING IN CITY FtELD BACKSTOP G 111 DESCRIPTION V TOTAL PRICE IN FIGURES 2 EA WELD 3' POST MATERIAL AT 45 DEGREES TO TOP OF TWO NEW BACKSTOPS AND COVER WITH FABRIC, complete in place per EA oo 0 -- SUB —TOTAL PART AA1 — SPARKLING CITY FIELD BACKSTOP OVERHANG A SUBTOTAL BASE I D PART A SUBTOTAL BASE 31D PART B SUBTOTAL BASE BID PART C TOTAL BASE BID ADDITIVE ALTERNATE D. 1 BID SUMMARY b • 2 7 � 5z cji fZ- S, 3 PROPOSAL FORM Page 4 of 7 The undersigned hereby declares that he has visited the site and has carefully examined th 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 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 performan . 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 a. additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within fiv days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of I firms parti PERFORMANCE B N D STATE OF TEXAS Bond No. S347084 KNOW ALL BY THESE PRESENTS: COUNTY OF N ECE THAT The Anchor Grou. Inc. of COMAE County, Texas, T to ers�u t � o any & Union called "Principal", and n ra o orn an o , a corporation organized under the laws of the State of lows r 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 Count Texas, hereinafter called "City", in the penal sum of SIXTY-EIGHT THOUSAND O HUNDRED FORTY-TWO AND .NO 100 ($68 242.00) DOLLARS, , lawful money of the United States, to be paid in Nueces County, Y 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 26TH of JUNE , 2 , a copy of which is hereto attached and made a part hereof, for the construction of: SPORTS FIELD FENCING IMPROVEMENTS S PROJECT NO. 3317 TOTAL BASE BID ADO .ALT . NO. 1: $68,242.00) 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. PRODDED FURTHER, 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, 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. Per formanoe Bond Page 1 of 2 9 Fl rw F • L � STATE OF TEXAS COUNTY of N , EC S PAYMENT BOND Bond No. S347084 KNOW ALL BY THESE PRESENTS: THAT The Anchor Group Inc. of COMAL Count yexas, ]er`einafte " r`i.rlo ' �� Empl r u It ornpan & l nion , and Inr ,a corporation organized under the laws of the State of Iowa ,and duly authorized to do business in the State of Texas, hereinafter called "Surety", ", are held and firmly bound unto the City of Corpus histi , a municipal corporation of Nueces County, Texas, hereinafter called "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 SIXTY-EIGHT THOUSAND TWO HUNDRED FORTY-TWO AND NO/100068 242.00) 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 26TH day - JUNE, 20 07 , a copy of which is hereto attached and made a part hereof, for the construction of: SPORTS FIELD FENCING IMPROVEMENTS PROJECT NO. 3317 (TOTAL BASE BID + ADD . ALT . iTO.1: $68,242.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt parent to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 11 r r 11 f 7 �• i THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW. /EMCInsurance CERFI E. � F SET -, that 1. E - a . Mutual Casualty :Com ar y , n a o prat � n:,.:. 2. EMCASCO Insurance Company, an Iowa Corporation... 3. Union Insurance: rnpan - . roviidenc ;- :Iowa Corporation 4. Illino is EMCA$dO f uran hereinafter referred10_seV,'..efally-i'os " C DEBBIE SMITII, DALLAS, TEXAS :..,.. ;a...■ 719544 :... Dakota 'Ftr _ l r nee -= r pany, t North _ akola Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. I,larr ilton Mutual ..Insuran : any, art:l wa:- rp tan- an = and colt cti ly as " mp nie$""x each does, by th se p'r'esent make -. o-nstitute 6r 1.0.a appoint FS, 111, MIC I L Gf - -= PERDUE, JOHN , EI Lf - , D NIE its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar:n tune as follows: . ANY AND ALL 80N and to bird each Company hereby as fuliy antl to the same ex#enf as it such instrument &':wed signed by the duly aulho� zed officers of ea� the acts of -said attorney pursuant;to the auihori�y hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRI L: ', 2008 unless sooner revoked. AUTHORITY FOR.POWER OF ATTORNEY - . �- _ This Power- of -ttrn e : -'rna � - _ .ar - �eet' -�ur � ��# _ hd by ::'tie- - alh S ri ..t��tn olutino- f=:tie �rc. � - '- D�r#r�.bf e- c-. .0f .- the , .- �. m_ an at a regularly schedulet( rnetn of each a a1led: -n _ o RESOLVED: The President n� fit• Cref Eedtiv Officer are !We I Fsir�t ##e Treu r and- :t . y.. r :�cretary,:�i Employers Mutual i�silt Orr��3ain]I;_hali have prer and author to a. r t : for a s -1 = faet:: r d'-:: utfr l e. =: m t { � ? - � e �f. et- :�ralf:- �o# ean�t= `e�:n 'i�n _:=end -af #a�i, #�::.I ..i~� t�_��orrt� r� � � tf �t :.btida'-end undertakings, reco nuances -.'o retracts of in emni a n ; g � -.. tj±` .� th�:���vritin cr,�gatry i�: #he- :rya #ure #hero., aid . �� to rerne.:� _si����sittern� -in -f - -�t it =�an� �frrrf`� ,0—revoke the power and authority iv n--to him or her. ttornej s -in -fact shall: h ve power and authority, subject:TO tine terms and lin itatibn : of the :6 p er.ot= attotrte i' Su ed- to them, to execute and deliver on behalf of .the Company, and to atta t t#he seal of the Company, thereto, bands and under Lakin s, re ognizances, contr ct of indemnity and other:ti sob . =:fo =� t nature th-r _ fi ._ _ -.. . Sao , . r aily :094: =l sty r e - ecuted by any � h l i s ll ` -stn. in . 1f-= es-. dirigi : ; -' a r ]�het. ., p� ..#� Company. e rtifi -' ti �� ' :-, as t� -the ._i�� � �� ' ' :.- .:-.. , .: � .. �,':., :: - - . -;,. .- . - - ify pt. er ho rn j a tho d.: reinl'.�made by an 7offrcer:=:of Err - to .rs #utual.=- ual .:Con- an = aII -b f - rnd m=all r y .. � - . t� . o . respects bindin�-� . u poi this :Corgi€- __fie facsiimil = r r ech nicfl. re roduced si� n t if _: up On p • �- - - ' ,. . ...p d .- ure of rib ftioer, ��h#l�r�:'�� heretotr =:r ttorear; �rhetvr appar��g upon a certifia oo y of any -p w *:of ttoney of ih Co pay sal a valid *ding upon the -C ar wthe =sar a force anidl after es t u :m uall fflx . IN e�.t���v: �.a�ue;tl�0e' �rd' �t�--���:�e signed for ai b- �t#�err � � r �� .. � ]� oe �'.ehv�ir�;��in�d..:I �iye 001- 4als����b= :�l�er�= a�ffied this e be such Company, and all of Seals day -f * iti1iJ# tf} #�to,. .J,rjfi * * yyl�i�sir,� ;.: :to 1�i�t .' ;.1.f, . --. �4 #j . -' of:. ompanies:: • rend t .- ti' . o ..= , :- 0° ,�`yryo -:; '* 1" 4 %; _ . Oil 1 ` Vick Chairman i Stmt. . _ (/jA�j� ! .3't = :' -:z, f :.''..-::' '/j}= di.iiiikii * w* = ' { };,,„ w* °.' � :: - ''•';;` ,ow0+ *,�' 141....o.."''' . •,, #'+ /Ow ,,w`''`% #It+1114l1 ;# ���1�11ti� `'� .,; ....1,ii---f..01.44...,iiit.;• ,.- 1. `:..` =SEAL :._ :.'-- : S ; .. . - 'ii;='F- •4 #111 fa }ti 0. -, #: ?._-':. t , S t,, • }' ; # [+ff : ti, %-..•... ?_ • =''� - - � ''.4°)144•o111415 i � wk 1.4,!(.., �ti � IuAL rN -' i ir' Assistant' Se t to Ork ` th -:- er ': =: ..dpi -f.:. - = - .. - before me a ary Public irn: an for SWeipf 1a } - sona ear. :Bryce:-. Kelley and Jeffrey S. - E� le} :: h ' b i g by_m _dui r sworn, -did a r t t they are and re riown to me to be the ChOirrn4n, Presidents ::Vice ::::Chairman= and CEO, '#ndicir. Assistant r Secr to a respectively, of -. each - of -` # e Companies abo ve; that ::the eat =affil ed this instrur nt:: re the seals of said corporations,, .that:said s_ tru er_ t' -eras igned -'and seated o :gaff o_f._ each of the Companies by authori f: their res ectiye Boards of '- irect a d_.that : , ad Bruce G. Kelley and Jeffrey S::BirdSley, as such officer ; ackno rl 'e the e eeoti n -Of said instrument to be the .... voluntary act and -reed of e:f the Cpnies. My .:. ommissihEpiresle tier1,'oo: CERiIFICA ? blie -in an 1'.:f r the Sate ot-t w ` • 1, Dave L. F•Ii� enbau h -- �I - resident f-# - Compatriot-, hereby certify that the foregoing resalullon 1 .. o oarc � Directors bji•- aidh- of the dies, i his. Pow r' f Attorney issued: -.:-.� r cant :_f1 er to n' - November- , =2005. Tebbe .S ni - :-_tom. .gift ' �: -:f fiche - €fie r et if of ,. -.' I _: f e, l h :: �or�t : 'ime - ar: ru -and Orre Testimony : :'arid are still in full --fe and effct:.:-- h r ct.L have sub cr a .rny name n 'affixed the facsimile seal of each Car pany thy:: ay of Aso— "For verification of the authenticity of the Power of Attorney you may call (515) 280 - 2689." i r r 4 k IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Employers Mutual Casualty Company, Union Insurance of Providence, and/or EMCASCO Insurance Company for information or to make a complaint at: Employers Mutual Casualty Company Attn: Surety Claims P.O. Box 712 Des Moines, IA 50303 (515) 280-2689 {515 280 -2994 Fax You may contact the Texas Department of Insurance to obtain information on companies, coverages, right or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to om l with Section 2253-048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. E '. f • 1' F C I Ty OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to business with the City to provide the following information. Every question must be answered. the question is not applicable, Rswer with "N ". FIRM • . _ A v., -� L o,- STREET z4/ FIRM is :1. Corporation _ _2.Partnership 3.Sole Owner 5. Other DISCLOSE QUESTIONS ZIP: P'") 3 4 .Association If additional space is necessary, please use the reverse side of this page or attach separate shee 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interes constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interes constituting 3% or more of the ownership in the above named "firm". Name Title /lei 3. State the names of each "hoard member" of the City of Corpus Christi having an "ownersh interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee t`'' ff 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi worked on any matter related to the subject of this contract and has an "ownership interes constituting or more of the ownership in the above named "firm". Name Consultant CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that have not knowingly withheld disclosure of any inforration requested; and that supplemental stat einer will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person:c4ApeAD. CALikarn Date: l• 5 D'] Title: VLc.L Prt.cknE Type or Prant PROPOSAL FORM Page 6 of 7 LIEYINI.T.LUNS a, "Board Member ". A member of any board, commission or committee appointed by the City Council the City of Corpus Christi, Texas. Fy b. "Employee". Any erson employed by the City of Corpus basis, Christi, Texas, either on a full or a time time ta$1 as an independent contractor. but � r r . c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commerci and whether established to produce or deal with a product or service, including but not limit to, entities operated in the form of sole proprietorship, as self - employed person, partnershi corporation, joint stock company, joint venture, receivership or trust and entities which, f purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assista City Managers, Department and Division Heads and Municipal Court Judges of the City of Corp Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in firm, including when such interest is held through an agent, trust, estate or holding entit "Constructively held" refers to holding or control established through voting trusts, proxies special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corp Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM Page 7 of 7 Ri htF x 7/19/2Q07 2:27 PAGE 002/013 Fax Server ACORDI CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone: (972) 770 -1600 Fax (972) 770 -1699 Mc ueary Henry Bowles Troy, LLP 12700 Park Central Drive 17th Floor Dallas TX 75251 -0470 INSURED The Anchor Group, Inc. 1470 N. Business IH-35 New Braunfels TX 78130 DAT! (IIW!#urrm 7 19 2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC# INSURER B: INSlJRER D; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BS ISSUED OR MAY PERTAIN, TRE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TISKIW , IsxtJAMIUv u LAMViI'J. XlS ur SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RiiiNV4 E P Lt 'I�H1� 18E�t - - POLICY EFFE T E PATE UAW 12/31/2006 POLICY E3 RATION 12/31/2007 - _- LiII T �C OCCURRENCE - $1000000 $100000 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY - MCP P 2 0 3 4 0 4 5 t MIBE a II ) _ , CLAIMS MADE RI OCCUR MED. EXP(A cnepigeon) $ Q0 0 GENII-AGGREGATE ' l i,' l_ PERSONAL 6AD INJURY ,r? 1000000 GENERAL AGGREGATE 0 2000000 $ 2000000 LIMITAPPLIES PER: POLICY I 1-: LOC PRODUCTS - COMP1OP AGG A f ALTOYOBLE X ,- marl, i ANY AUTO OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - GINNED AUTOS CA203 4044 V 12/31/2006 1 1 2 007 iALL COMBINED SINGLE LAIR' ; M a t dent) VS 1000000 BODILY Pl,JIJRY Pr enn) 90DILY I1+IJUR (Per a&ddeni) $ PROPERTY (Pe DAMAGE $ - GARAGE L IAEILiTY ANY AUTO • AUTO ONLY - EAACCID ENT D7T#E# THAN EA AC AUTO ONLY: AGG 1 EXOESW# 1 , HBREI.LA LIADLIrY V CU-2034047 OCCUR [ CLAIMS MADE / DEDUCTIBLE RETENTION 1 12/31 /2006 12/31/2007 EACH DC.I:UI REiVOE - -- -- — 05,000,000 0 a i�ECATE i A WORKERS CO[�P EN SATION AN D 7 N 2 0 3 0 4 8 EMPLOYERS' V AN PROM HETOf PARTNER CUTIVE CFFIF>IIIwII+IBI =R EXCLUDED? nee, desae Linder SPECIAL PROVISIO bebw 12/31/2006 - - -- 12/31/2007 } Y LI I I R E L. EACH ACCIDENT ' 1000000 DISEASE- EA_ EMPLOYEE 1000000 5 • 0 0 • • • E.L. DISEASE - POLICY LIMrr OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES i EXCLUSIO 11ADDEOBYENDORSEII ENDORSEMENT/ PROVISIONS '•dditional Insured Form #CG7085 Edition 03/04 Applies to the General Liability Policy 'dditional Inured Form #TE9901B Edition 03/92 Applies to the Business Auto Policy Aver of Subrogation Form #CG7053 Edition 08/05 Applies to the General Liability Policy Giver of Subrogation Form #WC420304A Edition 01/00 Applies to the Workers Compensation Policy aiver of Subrogation Form ##CA7118 Edition 01/04 Applies to the Auto Liability Policy ,rimary & Non- Contributory General Liability Form #CG7085 Edition 03/04 ontinued... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Depart m nt of Engineering Services P.O. Box 9277 Corpus Christi TX 78469- 9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH OR2ED REPRE NTATNE ACORD25(2001108) ACORD CORPORATION 1988 ttightFa 7/19/2007 2 :27 PAGE 003/013 Fax Server 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 endorsements. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorserner. 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 insurers, 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. A ORD 25 (OO11OB) RightFax 7119/2007 2:27 PAGE 004/013 Fax Server DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES EXCLUSIONS SPECIAL PROVISIONS The Umbrella Liability will follow the General Liability Additional Insured Form and will apply on a Primary Non-Contributory basis. Certificate holder is named as an additional insured per the above form (s) on the general liability, business automobile and umbrella policies of the insured with primary and non - contributory status per the above general liability form and provided with a waiver of subrogation per the above form(s) on the general liability, business automobile, workers compensation and umbrella policies of the insured, but only to he extent that the limits and forms are required to satisfy the terns of a written contract. Project: *3317 - Sports Field Fencing Improvements X] coverage is included on the General Liaiblity policy. J RightFax , 7/19/2007 2 : 2 PAGE 005/013 Fax Server THIS E PQlm • er StitationtorirfieWit= - forrivapply ,- • AWFULLY. WOO en . e0tiiiae .;1040dadive 3. If3he (0)JF�`8�10l�i�� (b) Alor*ONIS PtiokiiYelltuf% Ofetrifortomit** VOA to) rcettptinyt-tnernbeft aid nilittiowtatittsoildsafittW =.r . - = =`i 1. =}... . . • Prehitsits • analkilionannesitioliti watt bumf - taw ifkithitctiO dailitnotlipPlykrbodify tripiryi or fequired iFx 7/19/2007 2:27 PAGE 006/013 F ax Server 4. Nlaky be :: �P2034045 COQ GONTRACTORS SCHEDULE totritibti 10114040PLITI4PRO:H. "" 4.. , issit RightFax # 7/19/2007 2:27 PAGE 007/013 Fax Server This Uoilp Ttapftlikommt Udgaittaittiolcit .50001100. *Pa* aidiosiagjobiked timatk#0, lalakelft I4000000i paw RightFax 7/19/2007 2:27 PAGE 013/013 Fax Server Named Insured: Anchor Group, Inc. POLICY NOMBER. CPP 20340,45'01 V COMMERCIAL GENEitAl. LIABILITY OG:02.05 01 96 ENDORBEMPIT cilANGEs THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANCES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Thistridortattiont des insuar'rtptifified =deg re•foltev4r:. jGOMMERCIAL GENERN.:LIABILIrt COVERAGE FM a o.- LIABILITY PART OWNERS AND CCMITRAPTORS PROTECTIVE ihrAB .11Y. COVERAGE i T POLitiT1ON.uA PROD ` • LIABILITY COVERAG ..PT RALRoAD Pocirig *W OvERAtEpART lo• 'evert ill on.pr'r ot�-��n girded b tf a over a Pei we agree r rna l notice: o fiilifetipi dhow 10: SCHEDULE 1. Nome: ANY :CHNIA/#17A ` ON WITH-WHOM THE NANIED.INS.URED HAS ENTERED INTO w# ram o - airimutuptswerMag pitincE OF C QEUX .PER ORRTIFICATE WALE . 2 Address: 3, NuMber of days - advance notice: 30' Of 110 e y mar ate, informagi requiredlo:complet0his enctorsenient will be shown in the Declarat ns s:appli able to this erkforeemcnts,) ''DEPT IN ANT AICEUATION FOR NON PAYMENT OF PREMIUM FOR WHICH 10 DAYS NO C selatu... BE GIV5 . CGO2 05 01 St6 o y t,1n nc *rakes ff a lh ,+ 1014 Pager 1 of 1 ID Rig Fa , 7/19/2007 : '7 PAGE 008/013 Fax 'v r fik 0) Give r 011034045 • 'Mr7R�MF:. 4 chit thattleve fa- s. 1 -far a„:1.1. and 0;,-0001,1e, I 00:shall mug wnyiyOga sir fra .Vi0.6107$ thatthefigiff#1110 *V dons its. -fit Of " ' ..: UNIMPAMONAL PAILURE TO - DISCLOSE FIAZAHD$ anecipated 'r MOW that - - -the .reason tor . thevilthdiliwal ofreo411; . cooterrnerit.tff any=dheemethad off: dOthUtegi-iir like or detenn eft such _products are. fres from Alefilitte Wit &KM be a : Vie among,:- R00110010 01: _PISPYi • .° : '=:1h0 ...ate: .-starhaftta:.beted: 1r= E: WOO:i 17, :0:4ANKEt SUBROGATION _If lholititikid • f _ ut:and; 1$. _Oft 40110t OF AKCELLATION AND NONIVINEWAL OFOgraph!ZW., of Of the:COMMON POLICY _ ONO ts: _ Ponesph ;Whoa 1 *' •We this] maynt a:: -=fit ro= ##i.•politi *. + i 40.0.11901100.*. qp..11.113.01 OS rice: CesiOlfIce, At, With OA penrisiii0h. Pags,_7 RightFax 7/19/2007 2:27 PAGE 012/013 Fax Server /CANCELLATION PROV[S10N OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TEA This endorsement changes the policy effective the won date of the policy unless another date is indicated below: Endorsement .Effective 12/31/2006 Named Insured ANCHOR GROUP, INC. BA ANCHOR FENCE • Policy Number y/ CA 2034044 02 Countersigned s AirdAir (Au orized Representative) 10* days-before this policy is cancelled or madly changed to reduce or pct Coverage we will m notice-.of-the .cancellation or change to: (Enter Name and Address) ANY PERSON RGANI ATI I WITH WHOM THE NAMED INSURED HAS ENTERED iffrp A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE.OF CANCELLATION PER CERTIFICATES 'E N FILE WITH COMPANY. ]Y. *EXCEPT IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF KlEivilUM FOR WHICH 10 DAYS NOTICE SHALL BE GIVEN. FORM TE 0202A - CANCELLATION PCIO COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Preach March 18, 1992 RightFax 7/19/2007 2:27 PAGE 010/013 Fax Server Policy Number: CA2034044 1, B EXCLUSIONS, Paragraph" b. Is deletedanctrepiaced byte 9-lot quiwed, by or resigtirafopm ortir of ind Witt, n.zg1 :fivedintcat or e :the - art fituiefetite Wet B. .11NOORtioNEDEDucT040 •Under ALDAMAGE co • ,ktEcrefd vas. (*Ad? 9. KNOLDGE: Under . or40 unions caused •by other ioss tt this.Wusion.di3es- not C71111..Ejs am to ROM. followifig: Covixage, no.deciuctibe v.IR apply ifthe kris Ate. L IT OR LOSS. Via (4) Fsgun•to report an cdeMpOrnp THE EVENT Qrdoe& not • ni OVn On wianycknor 10. TRANIFF-ROFirtiGHTS (131,MWW:_ undorswrom IV:'.!;810110.1Elle,groconomotiis ;\ QFOVWYAGIN5T OTHES.10-,,UShedtiletedlint 5. ;TRANSFER OF RIGHTS: OF RECOVERY AG/oar omintslo, KNOWLEDGE OF "MUMS reitimisionA AUTO CONITIONS. R. PRA.Uti is amended bribe _we:. -401~ Oder .ONtgOV4iftijo Foci* tt reproseppillom taititaddlettit :or • 12. 'OTHERINSURANCE SEOTION. 4eIetindr t OTHER INSURANCE= !latItipartfilY !L cONCENAIENT, urideiitionallyiallb disclose all hazards. thitiv knavirectie ari *force Wen wow •till to CON ONDITIQN , MIRIAM Includes.copyrighed.rnatartai of IneunOce StirvicesOfficei vnth its perrniosbh. Copyright Insurance Services Click Inc., 2002 GA it %el 04 Fags 3 of 4 Right Fax 7/19/2007 2:27 PAGE 011/013 Fax Server WORKERS ERS OMPE SATI AND EMPLOYERS LIA L TY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 S 01 (Ed. 7-84) This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the information Page_ In the event of cancellation or other rr a erial change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: *EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT ENT OF PREMIUM FOR WHICH 10 DAYS SHALL BE GIVEN. Notice will be nailed to: BLANKET This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-06 31 —C Policy No WC 2034048 Endorsement No. Insured ANCHOR GROUP, INC . DBA ANCHOR FENCE Premium Alr/4 /1/ Countersigned by Insurance Com PanY AMERISURE INS. CO. WC 42 06 01 (Ed. 7-84) Here Forms & orvic *l Reorder 14.4856 RightFax 7/19/2007 2:27 PAGE 009/013 Fax Server AND was want prouemouria • •••,- •-• - ItilvinpftplidattOthiattiratObilaitiattiiiillEttaktitiltaliWinitiii OA Of SAW*: •.. I )40/OrWENOF titailitstifth • fteralorm. berigitwoomos Adv11014ffrewthen VAS :C -