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C2008-153 - 5/13/2008 - Approved
i5 ,r~ al ,I .~ ~~ s 2008-153 M2008-122 05/13/08 Clark Construction of TX S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R OCEAN DRIVE 3EAL COATING ELIZABETH STREET TO ENNI3 JOSLIN ROAD PREPARED BY DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 6442 * • 9.P*~~ 5~' * :. '. JUAN CARiOS CARDENAS ' DRAWING NO: STR 802 ~ ~t'O,p. ~ ggZp~ ,~4~ f~FS:S•••• N ~~NAL E ~i/G~ S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD PREPARED BY DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 6442 DRAWING NO: STR 802 . */ • JUAN CARLOS CARDENAS q,,;, , 99227 ,;Q-: ~'~°~ (Revised 7/5/00) OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD - 2008 PROJECT NO. 6442 Table of Contents NOTICE TO BIDDERS (Revised ~/5/00) NOTICE TO CONTRACTORS - A (Revised May, 2006) Insurance Requirements NOTICE TO CONTRACTORS - 8 (Revised ~/5/00l Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-il Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials _~rl~ z.: _,~~„cc: ___ NOT IISED A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification . ~},-~ NOT IISED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/96) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds -,- - " " ~^~~ NOT USED A-26 Supplemental Insurance Requirements _z.. < w: , : c..,. n----_ i., - NOT IISSD A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration 6f 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 - - =''- ~^^^~^' - - NOT USED A-36 Otherr'Submittals (Revised 9/18/00) _ -a ~+--~---~ F--- '-'~- NOT IISED Rev. 12/2/99 Page 1 of 3 A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities .*. ~~ ...._t if icctc ~f ^^^..^^^^.. --a --, - NOT IISHD A-40 Amendment to Section B-8-6: PartialTEStimates A-41 Ozone Advisory 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) __ __ ___r____ __ ___~.._1 _..____..__.._ .._....,_ .,, .., .. _, NOT USED NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended "Prosecution and Progress" PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQIIIREMBNTS PART 3 - STANDARD SPECIFICATIONS 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils, & Emulsions 5-29 025410 Asphalt, Crack Sealing 5-36 025412 Prime COat 5-30 025414 Aggregate for Surface Treatment and Seal Coat 5-35 025416 Seal Coat 5-31 025418 Surface Treatment 5-32 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025805 Abbreviated Pavement Markings 5-101 025807 Pavement Markings (Painted or Thermoplastic) 5-45 025813 Preformed Striping and Emblems 025816 Raised Pavement Markers & Traffic Buttons 025818 Reference - Pavement Markers (TxDOT D-9-4200) 025820 Reference - Traffic Buttons (TxDOT D-9-4300) 025828 Bituminous Adhesive for Pavement Marker (TxDOT D-9-6130) 027 GENERAL 27205 Fiberglass Manholes S-58A 050 METALS 055420 Frames, Grates, Rings, & Covers S-7 PART T - TECHNICAL SPECIFICATIONS T27000 Adjustment of Existing Manhole Ring & Covers T 616 Surface Treatments LIST OF DRAWINGS 1 Title Sheet and Sheet Index 2 General Notes and Estimated Quantities 3 Sequence of Construction & Advance Traffic Control 4-10 Seal Coat Limits 11-16 Pavement Marking Plan 17 Pavement Marking Plan & Typical Sections Rev. 12/2/99 Page 2 of 3 18-21 Pavement Marking Plan Intersection Details 22-23 Additive Alternate No.l Greenwood Drive Seal Coat 24 Miscellaneous Details 25 Sanitary Sewer Standard Details 26 Storm Water Standard Details 27 Water Standard Details 28-36 Barricade and Construction General Notes and Requirements - TxDOt 37 Traffic Control Plans Typical Details - TxDOt 38 Work Zone Short Term Pavement Markings - TxDOt 39 Signing for Uneven Lane - TxDOt 40-43 Traffic Control Plan - TxDOt 44 Traffic Control Plan Mobile Operations Undivided Highway - TxDOt 45 Traffic Control Plan Mobile Operations Divided Highway - TxDOt 46 Traffic Control Plan Mobile Operations Raised Pavement Marker Installation - TxDOt 47 Traffic Control Details for Surfacing Operations - TxDot 48 Pavement Markings for Two-Way Left Turn Lanes Divided Highways and Rural Left Turn Bays - TxDOt NOTICE AGR88MENT PROPOSAL/DISCLOSURE STATEMENT BOND PAYMENT BOND Rev. 12/2/99 Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: OCEAN DRIVE SEAL COATING SLIZABSTH STRSST TO SNNIS JOSLIN ROAD - 2008; will include approximately 235,429 S.Y. single-course surface treatment, approximately 5,000 L.F. crack sealing, miscellaneous spot patching/repairs, approximately 200-each manhole & valve adjustments, pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. Proposals will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, March 26, 2008, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, March 19, 2008 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5$ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of One hundred and no/100 Dollars ($100.00) as a guarantee of their return in good cond t on within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($15.00) 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/ Kevin Stowers Interim Director of Engineering Services /s/ Armando Chaps City Secretary Revised 12//04 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of~Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 9. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury ADTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental t.l REQUIRED discharge; to include long-tern X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements fl REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements II REQUIRED X NOT REQUIRED Page I of 2 11 The City of CorpusChristi must be named as an additional insured on all coverages except worker's compensation liability coverage. L-! The name of the Project must be listed under "description of operations" on each certificate of insurance. [1 For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal.- Should you have any questions regarding insuranae requirements, please contact the Contrast Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORE=3' S CO'f_ ESSATION COVERAGE FOR BUILDING Cn CONSTRUCTION PROJECTS FOR GCVE?~dMENT ENTITIES 'texas law requires that -ost contractors, subcc:tractors, and others providing wor)c cr services for a City building cr construction prc=ect must be covered by worker's compensation insurance, authorized self-insurance, or an anprcved worker's compensaticn coverage agree.^.:ent . Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site} to provide 1 of the 3 forms of worker's compensacicn coverage, the C_ty will require such coverage for all individuals providing work Vr _~--: i.....~ _ thi v ornjnrr qr any r,i.me, includinc during the mainte^ance- guaranty period. 'Motor carriers which are required to register with the Texas Depart-.enc of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental-- insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms cf worker's compensation ceverage. The Contractor agrees tc comply with all applicable provisions of Ter_as Administrative Code ^itle 28, Section 110.110, a copy of whit:: is attached and deemed incorporated into the proiect contract. Please note that under section 110.110: - certain language ^ust be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contractor _s required to submit .o the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is recuired to post the recuired notice at the job site. By siccing this Contract, the Contractor certifies that i. will timely com~l•: with these Notice to Contractors "B° requirements. NOTICE -0 CONTAACTOAS - B (Aeviseo 1/13!981 page 1 of 7 8~7 /~e Tide .S. L~iSL72..-~\CL- Part II. TE1~5 ~~"ORIiERS' C0~IPENSATION COy1\~IISSIOti' Chapter 110. REQLtIP~ED NOTICES OF COVER-AGE Subchapter B. E14PL01~R tiOTICES § 110.110 Renor[ing Reauiremenss for Building ar Construction Projecss for Governmental Entities (a) The following words and terms, when used in this retie, shall have the following meanings, unless the context clearly indicates ouherwise. Te^tu not de5ned is this n:ie shall have the meaning de5ned in the Texas Labor Code, if so de5ned. (1) Certificate of covezge (ce.^.incat~i-~ cpoy of-a ce:.ificate of _surance, a certincate of authorin• to self-insure issued b7 the ccmmission, cr a workers' ccmpensaricn coverage agreement (TWCC-S 1, I'WCC-o2, TtiVCC-53, or TWCC-S41, showing starutory workers' compensation insurance coverage for the person's or eatit}~s employees (including those subject to z coverage agreement) providine services on a project, for rite duration of the project. (2) Buildine or construr~on-rigs tre meartiae deimed in the Texas Labor Code, ~ 406.096(e)(1). (3} Contractor-A person bidding for or awarded a building or construction project by a government) entity. (4) Coverage-Workers' compensation instrance meeting the statutory regttirements of the Texas Labor Code, § 401.011(4-4). (5) Coverage aaeemeat-A written agreetneat on form ItiVCC-o 1, form TWCC-SZ, form I'~VCC-S3, or form TWCC-84, 51ed with the Texas Workers' Compensation Commission which establishes a relationship between the parries for proposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be respotssible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project-Includes the tirtte from the beginning of work on the project until rite work on the project has been compie:ed z^.d accepted by the governmental errity. (7) Persons providine se^rices on the oroie^ ('subcontractor" u. 9 406.096 of the Act)-« itft the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entiries pe:iortning all or part of the services the contractor has undertaken to perform on the orojer., regardless of whether [hat person conuaced directly whit the contractor and regardless of whether that person has employees. Ttus includes but is not limited to independent contractors. subcontractors. leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of anv entity futnisiting persons m perform se.^+ices on the project. "Services" includes but is ho[ li.^nted aoncc ro coer[wcrons - _ aeviaea rn3+eei 817/95 htto://vv+v+scs.s[s[e,t~:.us%tac~23/II/IiOIB/I10.110.h[ml save z oc t °aee 2 ;,; j :o a: c•.i_:-s. `z::iine, o: deco Brine eouip,:.en: cr -z:e^ais, cr :ro~idine labor, :rznsccr:zticn, or oche: se:~ice : _.z.__ to z project. "Services" does not i::iuie aai:ities u ::elated to the oroiec _xh zs fooaice~: erne •:endors, ciyce supply deliveries, ~.~ ce:ivery of rorLzble toile,. (8) Prciem-~:ciudes the erc:ision of all services related to a buiidin2 or construction co :::zct for a govern yea:zi eauty. (b) Prev:din^< or causing to be provided a certificz:e of coveraee pursuant to this rule is a represen•.a:ic by the insured :.hat till employees of the insured who are prodding services en the project ze cc:-Bred by workers' compensation cove:z2e, that the coverage is hazed on oroeer reportine of cissirication cades and payroll amounts, and that aL coverage agreements F.ave been filed with the ao~reeriate insurance carrier or, in the case of aself-insured, with the cornmissioc`s Division of SeL**-L^lsura.:ce Reguiztior_ Providing false or misiezding certi.^:cates of coverage, or faiiine to provide or t: zintain required coverage, or failing tc report any c:.ange that materially an'ers the provision of coverage may subject the contactor or ocher person providing services on the project to adtttinisvGt:ve eenaltes, crimins penalties, civil peasries, or other civil actions. L_ YJ• tG) H)'U VG::1:::GalS1 G:LLLLV LL:GL G1AGl~ LLAU a VLL11LL4:G Vl VUILILL LLl.uJ4 VUlLLL 6GL VIl 6-tJI Vf CV• Du6u. (1) include it the bid specifications, all the provisions of paramaph (~ of this subseaioa, us:ne the languz¢e required by paragraph (7) of this subsection; (2) as part o: the contract, using the language required by parag:znh (7) of this subsection, require the contracor to perform as required in subsection (d) ofthis section; (3) obtain ~ cm the contraeor a certificate of coverzee for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coveraee: (A) before the end of the meat coverage period, if the conttacot's current certificate of coverage shows that the coverage pe.^:od ends during the duration of the project; and (B) no later t.~.zn seven days z.=ter the expiration of the coverage for each other person providing services on the project whose curreat certificate shows that the coverage period ends during the duration of t he project; (5) retain certit3cates of coverage on file for the duration of the project and for three years thereaiier, (6) provide z copy of the ce:.incates of coverage to the commission upon request and to any person entitled :o them by law; and (7) use rite Iz.-:_uage contained in the following Figure i for bid specitieations and contrzcs, •xithout any additions words or chances, except those required to accommodate the specific document in which ihev zre contained or to impose stricter standards of documentation: T28S 1 10.1 1 G(c)(7) tbl NOTICE To coNrrucrcRS - a Revised 1/13/981 httpJ/vrvwsoss.zte.tx.us/tao'_3.~L1/1108/110.110.httnl rage 3 or ~ g/7/e8 :.: T.\C 110.110 Page ~ of 6 ~) A contractor shil: i }provide coverage for iu emoiovees croviaing services on a project, f~: t::e duration of the project rased on proper reposing of ckassi-:caron codes and payTeii amounts a:.c `.li: g of any coverage z~eements; x;21 provide a certifirzte of coverage showing workers' compensation coverage [o the governmental entit;/ prior to begitmi~g work on t:.e project; !3) provide the governmental entir;, p^orto the end of the coverage pe:ied, a new certificaze of coverage showing extension of cevemge, if the coverage period shown on the contractor's current certificate of covera¢e ends during t::^.e duration of the project; (4) obtain from each person providing services on a project, and provide to t::^.e governmental entity: (.~.) a certificate of coverage, prior to that person beginning work on the croiect, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on :e project; gad (B) no later than seven days after receipt by the contractor, a new certificzte of coverage showing extension of coverage, if the coverage period shown on the current certificzte of coverage ends during the duration of the project; (5) retain all required cetificates of coverage on 5Ie for the duration of the project and for one yeaz thereafter, (6) notify the governmental entity in writing by certified mail or personal dekivery, within ten days after the contractor lmew or should. have known, of any change that materially atiects the provision of coverage of any person providing services on the project; (7) post a notice on etch project site informing all persons providing services on the project that they are reeuired to be wvered, and stating how a person tray verify current cevera¢e and report failure to provide coverage. This notice does not satisfy other posting requiremenu imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be is both English and Spanish gad any other language common to the worker population: The text far the notices shall be the following text provided by the commission on the sample notice, without air additional wards ar changes: REQUIRED WORIOI-ZS' COlVfI'ENSATIONCOVEftAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance T:~s includes persons providing, hauling, or delivering eerrioment or materials, or providing labor cr transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compersation Commission at 51240-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided [he required coverage, or to report an employer's failure to provide coverage." NOitCE CO CONtaACiORS - e ;:tt //www.sos.state.tx.us/tad28/II/IIOB/110.110.htm1 Revise6l/17/981 gn/98 P~ Pa9e a of 7 .S Tr'.C ~':0.110 Yage 4 of 6 -ro~ide senlces e:: a croject to: (8) cc^:: acmaily reec~~e w_ person with tv~,er.. is contracs : _ . (A) provide coverage based on proctor reporcr.z of classtnca-tion wiles and oavroii z.:.ounu and filine of an}• coverage agreeme.^.u for +i~ of i:s empieyees providing serices en [he proie^, :or the duration of the °roject; (B) provide a certificate of coverage to the con::aaor prior to that person begituu.^O'work on the project: ()( ) (C) include in zl! contrzes ro provide services en the project ~`:e ianguaee in subsec•en e 3 of this section; (D) provide the wntraror, prior :o the end of :re coverage pe^oa, a new certificate of coverage showing extension of mover age, 2 the coverage period shown on the current certificate of coverage ends dta:ng the dtuation of the project; (E) obtain from each other person with whom is contracts, and provide to the wn:roc:or: (i) a ce:'tincate of coverage, prior to the other person beginnine work on the project; 3^.d (u) prior to the end of the coverage period, a .,•ew certificate of coverage showing ere:lion of the coverage period, if the coverage period shown on the Curren: certificate of coveraee ends during the duration of the project; (F) re•.ain all required ce^.ificates of coverage on file for the duration of the project a^.d for one yeaz rhere:iter; (G) notiry the governmerul entity in writittg by certified mail or personal delivery, within ten days after the person knew or should have (mown, of"any change that materially afreCts ttte provision of wveraee of any person providing services on the project; and (fi) connactually require °..ach other person with whom it wnuacts, to perform as requtred by subparaeraphs (A)-(Fi] of this paragraph, with the certificate of wveraee to be pros~ded t° the person for whom they are providitg services. (e) A person providing services on a project, other titan a wntractor, shall: (i) provide coverage for its employees providing services on a project, for the durz*ion of the project based on proper reporting of classincation modes and payroll amotmu and filutg of any coverage agree ~encs; (2) provide a certificate o[ coverage as required by its contract to provide services en the projec, prior to beginning work on the project; (3) have the following language in iu contract to provide services on the project: "Sy sigtung :tus contract or providing or causing to be provided a certificate ofwverage, the person siming~ s contras, is representing to the governmental entity that all employees of the person signing wntrac: who will provide services on the project will be wvered by workers' wm°eti5ati°n coverage NOTZCE TO CONTRAC:OAS - B Ae~lsetl 1/.3/981 8/7/98 http:/h.~.vwsosstate.tx.us/[acJ28/II/1108/110.110.httnl r,qe s ~r ~ ..a .: ,. ,.,,.~.,, rage : of o for t.e duration of ::.e project, :hat the cc ~ era¢e will be hsed on proper reporting of clazsification code=_ znd payroll asouncs, and that ail cove:zge agreeme^a •wiii be filed with the aoorootiate insures^ce carrier or, ~ the case of a self-irsued, with the comtrussion's Division of Self-Insurance Regta2rion. Proviaing false or misleading i.formation may subject the contractor ro admininrative penaiees, criminal penalties, civil penalties, cr other civil aeions." (4) provide the person for whom it is proviain¢ services on the project, prior to the end of the coverz¢e period shown on its current cetifica~e of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends durine the duration of the project; (5) obtain nom each person providing services on a projec, under contract to it, and provide as required by its contract: (A) z certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new cettiiicaze of coverage showing extension of the 'G,,,.• C . sert< It„T11V }fIP cove2¢e period, if the.coverage period shown on the cutie:+i o~: uu..~a c• w,-r a^s- -••••- ---_ - duration of the projec; (6) retain all required certiticates of coverage on file for the duration of the project and for one year thereafter, (7) notiry the goverttmental entity in writing by cer[ified mail or personal delivery, of any change that materially afi'eets the provision of coverage of any person providing services on the project and send the notice within ten days after the person i.-tew or should have known of the change; and (8) contractually require each other person with whom it corttracu to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreemenu for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beeinrting work on the projec; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage perioa, if the coverage period shown on the current certificate of coverage ends during rite duration of the project; (E) obtain from each other person under convact to it to provide setviees on the project, and provide az required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage enas during the htt //wwW.5o5.slote.^.c.us/tad28/IT/1108/110.110.htm1 No1'tce ro conrnrcrons - e g/7/98 p: Revised 1/13/981 Page 6 of ~ .s t~.~. [:v.t[u duration ci :he contras: Page 6 of 6 (F) retain ail reeuired ceri :z:es of coverage en nle for the duration of t==e project and for one year thereafter; (G) notify tre governn[eatai en•~ry in writing by certified mail or personal delivery, within ten days after the per son knew or should have known, of any change that tnaterxiiy affects the provision of coverage of any person proviaing services on the project; and (li) contractually reeuire each person with whom it contracts, to perform as required by this subpazagraph and subpara~aphs (A)~G) of this Paragraph, with the certificate of coverage to be provided to t}te person for whom they aze providing services. (f) If any provision of this rule or its application to any person or cirarmstance is held invalid, the invalidity does not affect other provisions or appflcations of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule aze declazed to be severable. (g) This rule is applicable for building or construction contracts adve^ised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or a$er September 1, 1994, which are not reeuired by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4G). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and wha are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bt71 1089, 74th legislature, 1995, § 1.20). This subsection applies only to sole proprietors, parmers, and wrporate executive officers who are excluded from coverage in an +*+~+*x*+ce policy or certificate ofauthoriry to self-ituure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index NOTICE TO CONTRACTORS - R Re~isea !/13/981 g/7/98 http://ww~v.sos.s[ate.tx.usitau23/II/IlO/B/110.I10.htm1 pave ~ ~E ~ PART A - SPECIAL PROVISIONS OCEAN DRIVE SEAL COATING HLIZASBTR STREET TO BNNIS JOSLIN ROAD - 2008 PROJECT NO. 6442 SHCTION A - SPHCIAL PROVISIONS A-1 Time and Place o£ Receiving Proposals/Pre-Hid Meeting Sealed proposals will be received in conformity with the official advertisement -~ inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. oa Wednesday, March 26, 2008. 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 - OCEAN DRIVE SEAL COATING ELIZAHETE STREET TO SNNIS JOSLIN ROAD - 2008 PROJECT NO. 6442 A pre-bid meeting is scheduled for Nedaeeday March 19, 2008 beginning at 2:00 p m. The location of the meeting will be the. Department of Engineering Services Main Conference Room, Third Floor, City Eall, 1201 Leopard Street, Corpus Christi, Tx. The pre-bid meeting will be conducted by the City, and a site visit will follow if requested by attendees. No additional or separate visitations will be conducted by the City. A-2. Definitions sad Abbreviations Section S-1 of the General Provisions will govern. A-3 Description of Project The project will include approximately 235,429 S.Y. single-course surface treatment, approximately 5,000 L.F. crack sealing, miscellaneous spot patching/repairs, approximately 200 each manhole & valve adjustments, pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. A-4 Method o£ Award The bids will be evaluated based on the following order of priority subject to availability of funds: 1.TOta1 Saae Hid - 2.Tota1 Hesse 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. A-5 Items to be Submitted with Proposal The following items are rectuired to be submitted with the proposal: 1. 5$ Bid Hond (Must reference Ocean Drives Seal Coating Elizabeth Street to Rnnia Joslin Road- 2008, Project No. 6442 as identified in the Proposal) Section A - SP (Aevi sed 12/09) Page 1 of 23 (A Cashier's Check, certified check, mosey order or bank draft from say State or National Bask will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time o8 Completion/Liquidated Damages The working time for completion of the Project will be 120 calendar days, The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. 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 pursuanh to other provisions of this Contract, Pive Hundred Dollars ($500.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even~if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 12/04) Page 2 of 23 A-10 Wage Rates Labor preference and wage rates for heavy & highway construction. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nuecea County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See-section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the`proper form and content of the payroll submittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a. forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1- 800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1-800-828-5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 826-3500 Traffic Engineering 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Department 826-1818 Gas Department 685-6900 Storm Water Department 826-1881 Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E P 299-4633 S B C/ AT&T 881-2511 City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 Cablevision 857-5000 ACSI (Fiber Optic) 887-9200 KMC (Fiber Optic) 813-1124 ChoiceCom (Fiber Optic) 881-5767 CAPROCK (Fiber Optic) 512/935-0958 Brooks Fiber Optic (MAN) 972-753-4355 (826-3140 after hours) (626-3140 after hours) (885-6900 after hours) (826-3140 after hours) (693-9444 after hours) (1-800-824-4424, of ter hours) 857-1960 (857-5060 after hours) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) (Mobile) Section A - SP (Revised 12/04) Page 3 of 23 A-12 ffiaiatenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct -the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediationthat 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 sad Traffic Coatrol Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. .~ ,.r:.°°i~ -^' -'-° ••'a^a ' ...... .........._,...~s- The contractor will be^Mresponsible^for traffic control plans and implementing the plan after getting approval from City engineer. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the 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 EngineeringDepartment. All costs for traffic control shall be paid for as shown in the proposal. A-14 Conatructioa 8guipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. - Section A - SP (Revised 12/09) Page 4 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 aad Removals ; a _ ,.,-tee ~~ an d}se ,~ ~ _, ... M-.n.~ _ .,.L ..G All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. L.~..--L l l M.~. A-16 Disvosal/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 IISBD s~uee~en site ~~ '9--1~~ ~a$ _a ..,., - ke r vF~~ A 18 Schedule and 3equeace o£ Coastructioa The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Hates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. Section A - SP (Revised 12/04 Page 5 of 27 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion: The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1)Final inspection (Contractor shall have red lined set ready to submit to City with allcorrections/notes-Engineering Sexvices to coordinate As-Built plan preparation with A/E Consultant). (2)Inspector prepares final quantities, contractor evaluation form, and project summary. (3)Inspector/Engineer verifies that all submittals, payrolls, Inspection. Reports, As-BUilta, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4)Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5)Final estimate reviewed by City Construction Engineer. (6)City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7)Final payment checklist: (a)Affidavit that all bills have been paid, "Waiver of Lien" (b)Submittal of all remaining payrolls (c)SUbmittal of MBE letter on what Contractor has actually subcontracted through end of project (d)If CDBG project, all federal forms completed and submitted (8)Final Acceptance Memorandum prepared by Administrative Assistant (9)Administrative Asst. reviews for completeness funding availability, prepares financial paperwork (10)Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11)Final Acceptance memo returned from Asst. City Manager (12)AUthorization for payment (AFP) prepared and submitted to Accounting Department (13)COntractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14)Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The two (2) year warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. See also Special Provision A-50. A-19_COnstructioa Layout sad Control NOT IIS&D ==at-r.=~ Section A - SP (Revised 12/04) Page 6 of 23 @ rt~a~ . ~,.... . .,a ., a 'a€#e ~ n ~€ we === r gzneea-~He ~ra~rn~~g~a~-tee ev ~= e .. ~... a.......i. ~ ~_ ` ..i .. «,.a . .._.~~ r ~ -- .....-,. .. ...r __-~__ - - __ - _ ~ o ~ _c,..._: .. ., i_ .... t _ c,. rte.... ~ rta~a~ccf { _ a RSiR-'V~=v~_= - ~: - L--- Q ~.y~r,~~~oFt--cc~ivc ~V / ~ ~\ piip-iV ~c - '~ s Section A - SP (Revised 12/04 Page 7 of 23 A-20 Teatiaq and Certi£icatioa 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 Sigas NOT IISED A-22 Niaority/Miaority Buaiaeea Bnterpriae Particioatioa Policy 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 Hmployment 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 requirements, 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 slacks, 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. Section A - SP (Revised 12/04) Page 8 of 23 (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women,or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Ventvre: 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 pXOportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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 Participatioa (Percent) Miaority Buaiaess Enterprise Participation (Perceat) 45 % 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Section A - SP (Revised 12/09 Page 9 of 23 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 bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Iaspection Required NOT IISED Y -T- - -- - °`'~~.'-':^..^ ---al-s e€ ~re~le €e~ ahieh a--Peam#E~s ~ £~ °i_ '..-P_ --'en a€€er the ba€€~€ag~a-eemie~eE ~--a~d ~..-a.• f ---•`c~.exaate _+-~_€n th~Fert#€ieate e€ 9eetKaanel , wt~ea I. cp:.ct~c :-=~.«^~~ A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10°a) of the Surety Company's capital and surplus with reinsurers) 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 Hoard 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 Section A - SP (Revised 12/04) Page 10 of 23 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 wasissued." A-25 3alea Tax Exemption NOT IISED ~scr $*emLa€#en Ftirev~eien - ""a }'" Gen G-i-p~cO €e~ ••l •~•-~l~ ~L.. ~G 1~~.-.n.a¢ ~q~ta~i€y-€ ~--e~Ewxi3~ie~s a€^6alee Eaeeise ^z "''" `L" ,.a a,.c ._a L.. _ ..a L L_,,: } g ..c o c }Le n,. 3 _ ..i. 4- -.a e m earteg #ee with the above equ4sements "'L°- A-26 SuHplemeatal Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Number of days advance notice: 30 Section A - SP (Revised 12/04 Page 11 of 23 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance- coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage 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. NOT VSED ..l- G..- ,.L . - -~o~...~~n~,a,,,°.- -# eever:age-mash-be art 'R~~ Fkis#-~.~ --- - ^,•,~'~^~-^y aeaaet`H}e The E'pTmttet be named I p Y~ A-28_Coasiderations for Contract Award sad Executioa To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Section A - SP (Revised 12/09) Page 12 of 23 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 Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the construction submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman, if utilized, have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Section A - SP (Revised 12/04 Page 13 of 23 Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The 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 8-7-13; 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; and8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractors Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five- (5) days following bid opening, submit in letter form, 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. Section A - SP (Revised 12/04) Page 14 of 23 A-31 Amended Policy oa Sxtra Work sad Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not. exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must~~also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to is Saecial Provision A-1. A-34 Precedence o£ 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 aconflict 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. A 35 City Water Facilities• Special Reauiremeata (NOT DSHD) ~ :.1..- ~ ~ _ _ ,.a c~cr _~ 3n€ ~xiat#en 3'e€e~ ~e Section A - SP (Revised 12/04 Page 15 0£ 23 n>_L__.._ ra1°~,ni °g ,:F-PS:~rxsed #xx ~lre ~'ePa#~', ~ea _- ssemb3y; _ _ __ _ ___ 8 d-iom uh' Ol` ...1i ' fl~B eeR~aE~r }~} € ~~ ~ '~ V 3-pB a e W i'.e°..J F: .. ..rte-era- ' , a e~ [R kk. --i __- ae --~+ - -" h ~d~aa~~ ~ - 5 ~§ 3 ~ y eQH e y3~ 5 eee Eese mrre~ z YL ~ L ..Ll i i ~ ~ __ i... .. i_!__ ___ -.._.. i y.~~v~ u~ .ao~ TL n ~._ ~ loll ~..~-~~L i_ LL v L ..., ..i it t C ii ~ r• q awn: V..nv _- _ - _ r J -~._ VL Y >_" '^~-~ °°-'°..°i L~ FL.. _`-ae~e~ e~ lx#e emg'e}ees, aQen€s, e~ n+-- -~>-_.~-~,aii^n L.. a}}awed T~'te Een€~ae~e~' k3a~ s ~}eeeg 1. _,.,__ --- - ~~ n -' - ~. r__.___~__ _ _„ _ ,; i.. ..., hF, P € E ~ ~ i _, _._L_ vl.. ,. _. L_.. e.. ;, 1 eg rt S e~ en ~ae€ea-ge~sex~ne H.. .n .n.]_ . LL.... , ~ t '9114p~Y-Sg2iV ~ Lam. Tl4eana~#ve-~Iie rveae~ - - ..L_,, - _ =roioc {occ zz rx^i . _ _ . , r F_ :l; _ _ _ _ " Y - ^ - ava i., erV£t-san~~a ~ s r ~~ €ae'~#e4es ~'§e ~eea~#es e€ asy e ss~aFy Section A - SP (Revised 12/04) Page 16 of 23 a ~es~~xa~e'~--€as mss`-,7a~e~-Began€meat s€a€€ r„ _ ..,.<.., ,. •i ~ , a2 epee€#er4ej €rx3:~t€eh~n~ ` „~. F: -"'"'- ^ .. .., _.. ~~~ ~F~_J ..., 1... ~ . ~ _ F.~ ~~~ F.. Y l '1 ..,.xi_u~~ _ .+.] ~. _l A.. _J ~... 1 ... ~___ __ _ ~ .... .. F.~.. ._ -, i i ~pl. v~ ..l r-r ..r~~~ t - - A bi.J ~. - € ee-a~.d ~~ 3 _ 4 ~ ..e~r~ S r n - ' r; ,. ent ..' -~ ~aFF=~ s a-perma 6 ~.~ -a _ ~. y ., ,,._ ..a «s. o rega€3:,~ea}i€3<ate ~ ..F -' -~ - Section A - SP (Revised 12/04 Page 17 of 23 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall transmit ten (10) copies of each submittal to the City Engineer or his designated representative. The City Engineer will retain three (3) copies. b. Reproducibles: In addition to the ten (10) copies required above, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor'sstamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy. to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Excessive submittal review paid by coatractor after second rejection. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Section A - SP (Revised 12/09) Page 18 of 23 Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise the related equipment will not be approved for use on the project. A 37 Ameaded "Arraagement and Charge for Water Furaiahed by the City" NOT IISBD Ott L..... Eee~~aete _a nL.......... L.... _ L ..l l ~..: ~R. ~xvn xa` L.~ ..F l~~r _ _______ __ __ ~A ml-: .. _ _ e _ , F.... ..L ..~~: mix : l l :.]..^ e - ~L... ill .. eana-r~~erts r =--p~ eest~ae~#en meet4n~C~^^-" :,, ,."'..._ YI e A-38 Worker's Compeaaation Coverage Eor Buildiag or Coaetructioa Projects for The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. - A-39 Certificate o£ Occupaacy sad Fiaal Acceptance NOT DSBD iL~ A-40 Amendment to Section 8-8-6: Partial Ratimatea 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 work site 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 work site. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. Section A - SP (Revised 12/04 Page 19 of 23 A-43 Amended Iademaification & 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, material man, 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, material man, 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 man. A-44 CHANGH 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-BIIILT DIMHNSIONS AND DRAWINGS (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. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated Water (7/5/00) NOT IISED hl .. F..... •L... _ __ _ _ N f] ~ f } ~ Fl....l.:..g n-an agp~eled m nne~ `EeDt-am~trtb ` ~.r3t r' i--,-rah ,...._,- _F -,.}ersne rv' } be used €e~ d~sin€ee€#e~n~-..d ma~• e3ee ~ -- -: ~-,- ,:_+'s €e~ diseka~ge #nte wet} nds e~ Section A - SP (Revised 12/04) Page 20 of 23 &9 4he ag~g~aval - - A-47 Pre-Constiuctioa 8xploratory Excavations (7/5/00) NOT VSED l ~ ~a G 4L~ ~ 4h.~t .l: ....i ...i..: 4 ~..i..i 4 ..h ' .i - l l ...1 - .n.]..: 4 - Y c_,.4 n ~.. L...~4 34 t 4L_ .C .n..l i.~~.. ` .emu 11..34.. ut~l~. v.- ~^TC =~^ 3-xatea2le~g ------ - - - 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. Section A - SP (Revised 12/04) Page 21 of 23 A-49 Ameaded "ffiaintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to _ benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or - entity." A-50 Ameaded "Prosecution and Pro4reas". Under "General Provisions and Requirements for Municipal Construction Contracts^, B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization coats. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 12/04) Page 22 of 23 SIIHMITTAL TRANSMITTAL FORM PROJECT: Ocean Drive Seal Coating Buford Street to Ennis Joslin Road Proiect No. 6442 OWNER: ENGINHER: CONTRACTOR: 3IIBMITTAL DATE: SOSMITTAL NOMEER: APPLICAHLS SPSCIFICATION OR DRAWING SIIBMITTAL Section A - SP (Revised 12/04) page 23 of 23 PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS WAIS Document Retrieval GENERAL DECISION: TR20070122 02/09/2007 TX122 Date: February 9, 2007 General Decision Number: TR20070122 02/09/2007 Superseded General Decision Number: TX20030122 State: Texas Construction Types: Heavy and Highway Counties: Nueces, San Patricio and Victoria Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date - 0 02/09/ 2007 SUTX2005-007 11/09/2004 Rates Fringes Asphalt Distributor Operator. ..$ 12.42 0.00 Asphalt paving machine operat or$ 11.57 0.00 Asphalt Raker ..............:. ..$ 9.36 0.00 Bulldozer operator ......... ..$ 10.90 0.00 Carpenter .................... ..$ 10.71 0.00 Concrete Finisher, Paving.... ..$ 12.18 0.00 Concrete Finisher, Structures ..$ 11.16 0.00 Concrete Rubber .............. ..$ 10.50 0.00 Crane, Clamshell, Backhoe, - Derrick, Dragline, Shovel Operator ..................... ..$ 12.55 0.00 Flagger ...................... ..$ 7.17 0.00 Form Builder/Setter, Structures$ 11.47 0.00 Form Setter, Paving & Curb... ..$ 9.65 0.00 Foundation Drill Operator, Truck Mounted ................ ..5 15.32 - 0.00 Front End Loader Operator.... ..$ 10.05 0.00 Laborer, common .............. ..$ 8.35 0.00 Laborer, Utility ............. ..$ 9.09 0.00 Mechanic ..................... ..$ 13.17 0.00 Motor Grader Operator, Fine Grade ........................ ..$ 13.78 0.00 Motor Grader Operator, Rough. ..$ 15.00 0.00 Pipelayer .................... ..$ 9.00 0.00 Roller Operator, Pneumatic, Self-Propelled ............... ..$ 8.57 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping ........... ..$ 8.57 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement ........... ..$ 9.49 0.00 Scraper Operator ............. ..$ '9.67 0.00 Servicer ..................... ..$ 10.75 0.00 Structural Steel Worker...... ..$ 14.00 0.00 Page 1 of 3 file://D:\Design CD (5-7-07)\Contract Documents\1-Front End Documents\12-Heavy and ... 2/29/2008 WAIS Document Retrieval 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:' Wage and Hour Administrator U.S. Department of Labor 200 Constitution Aveaue, 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 Hoard). Write to: Administrative Review Hoard U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Admiriistrative Review Board are final. END OF GENERAL DECISION Yage s of 3 file://D:\Design CD (5-7-07)\Contract Documents\1-Front End Documents\12-Heavy and ... 2/29/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 13TH day of MAY, 2008, 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 Clark Construction. of Texas, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,577,819.34 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 PROJECT NO. 6442 (TOTAL BASE + ADD.ALTS. #1,#2b#3: $1,577,819.34) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 w. u~.. cuuu av.cc ocooouc tNU1NttK1NU NA ]~. 10/17 ocRAU axsvs SEAL coATI1QG ELISAH$TR STRliSl TO SNIQSS JO$LIR' ROAD - 2008 PASE HIA ITLt UNIT D$SCRIPTION aNST PRICB SID STRR >gT8a3I0! ISQ PIGORRS (QTY X ONI'l PRICB m PxGORSa) 1. 1 LS C~ntraetor Mobilization, complete i.7 place per LS . 57~ „' ~U ~ ~v fit _''~O ~ U1O 2. 2,000 SY rt~sc. spot patch repairs complete i» place per SY. ~00 ~/~/~ 00 ' ~O(IXJIJ , 3. 5,000 LF M:•ac. crack sealing, complete in p:.ace er LF ^ MM 3 ~ p . , ~ 1 j • W Siagle-course surface tzeatment, complete in place per 9Y. 4. 235,429 SY (City will provide Grads course F8 ',UO ^~ '• A,~'~ ty~~~lJ •~ 1~ Class A Washed trap rock.) ( #d uatmeat of Sanitary sewer 5, 66 ~ D1aDholea, complete is place per 811. - /~/~ '~.W (~ /~/~/'~ -1-I,lA.+LJ~ Ad ustmeet o Storm Sewer 6. s3 SA ms.7holea, complete is place per ~, 11400.00 I Itc,?00 ~ Ad uatmeat of Nater and Ga l ~ s va ve . 165 EA bo:sea,. per EA. 3~S.bo 1~1,g~.00 Reflective Pavement markings, 4^ 8. 430 LP 9O..id, 90 mil (Yellow) per LF. //~~/~~ . W ~~/~ /y~ -~ Jv.W Relectiv P 9. 49,400 LF e avement markings, 4^ So:..id, 90 mil (White) per liF. 2 J~ ~} 1b M I~ Reflective Pavement markings, 4^ (L Q L 166W 10 15,100 LF broken, 90 mil (White) per LF. •~~ /~ ~ ~ Reflective Pavement markings, 8^ !•.~.J ! 11 3,850 LF eOlid, 90 mi.l (White) par LF. I ~ 4 ~/~-y~. ~ry~~~ ~ Reflective Pavement markings, 12'• • .J~/ 1 1 ~+ ~ 12 1,460 LF solid, 90 mil (White) per LF. ~~~ ~ Reflective Pavemeat markings, a4^ "'~ 13 2,150 LF solid. 90 mil (white) per LP. ~~~ ~~15~.ou Reflective Pavement markings, 14 iB EA wOr 9, 90 mil (White) per EA. n,(~ N~ ~'~^„ ADAENbUM N0. 4 RaVIBDD P10PO8AL lOPM ATTACHMENT N0. ~ PARS 3 oP 10 Page 3 of 30 ~•., ~~, «~o emu. « OGOJOGL trv~irvttklrv~ PAGE 11/1 i 15 66 EA n er,lectYVe Pavement markings, arrow, 90 mil (White) per liA. 16 42 8A Ref ective Pavement markings, diamond 90 , mil White) ( per EA 17 42 l 'A Reflective Pavement markings, s bike, 9o mil (White) per EA. 18 760 EA R.! Sective Pavement mar ings, (!_ype SI- A-A) per EA. lg 30 ~ R~sflective Pavement Markings, ('~+pe II-81ue-Blue) per EA. 2D• i LS Traffic Control Plan, comp ete place per LS. 134.00 aU.00 5.25 ~5/.~2~5/~ I,JW•W TOTAL HASS BID (ITatfS 1 TARQ 20): ~f5~b•60 3.3t0b.Ob ~~~ 3, 3100.00 ----~ •/f-1 10 • IN 15 1.~ (f~W•W s QlF~5~0 Aiditive Alternative 1 Greea~rood nrive eeai coat IT151! DNIT D88CRIPTIOR' II1PIT PRSCB SID ITEI[ RXTLNSIOI IIi FIGOR88 fQTY X OMIT PRIC$ 1 Si:igle-course sur ace treatment IN FI0117RE8) • 62,540 SY , Complete in place per SY. I.~S I Uri, q~ QO 2• 3,330 LF r ings, 4" 90: idct90e i V . . m l (Ye110W) per LF. • ~~ I f ~ U ~O UY Reflective Pavement markings, , 3. 215 LF 24• solid, 90 mil (Yellow) per LF. I- y~ U • .dJ I l ~T.~D 4 Reflective Pavement markings, 4^ • 4,100 LF bTCken, 90 mil (white) per LF. •52 2 132 00 5 9^ Ct e i v ~ a n , . • 1,150 LF solid 90 m l (Whi te) per LF. I .ITJ I ( ~ Reflective Pavement markings, Gl! ( • 6 870 LF 12^ solid, 90 mil (White) per LF. ~~ //~~ 9.I.<J /~ ~I~~QI] Reflective Pavement markings, 7 250 LF 24" solid, 90 mil (wklite) per LF. a 6 ~ /~/~ 21 ~~~ •lJu RE1/t86D PAOPOBAL POAe PAGE s OP 10 ADDENDUM NO. 4 ATTAC[II.tENT N0. 7 Page 4 of 10 ~.. w. <vw •... « o<ooou< tIYhllVttK lIYG PAGE i2I17 .8 9. 10. il. ia. 5 EA word, 90 mil (White) _ •+•~~ per EA. ZI n Rsflective Pavement markings, U 7 EA arrow 90 mil (White) per EA. ^,Q.~ Rs active pavement markings, u 210 EA (~:ype II-A-A) per EA. ~. !~ 10 EA R°=fleetive Pavement Markings, (°.ype 1I-Blue-Blue) per EA. ~ '~ T:~af£ie Control Plan, complete 1 LS iu place per LS. I, SOU .UO TOTAL AD;~~ITIVS ALTBRSATIVH 1 (ITSMB 1 T8R0 12): I lT>l7 • W I ~ ~I-~0•ba 17 I`vU2 5D -JZ ~,000.UU Additive Alternative ], 8011 Road Phase-1 Saa1 Coat IT8}4 O1:}IT DSBCRIPTION uwiT !'AICS HID ITSN SXTEN8I0} IN FIQORSB (QTX X OMIT PRICS 81:ngle-course surface treatmaat N F GORSS) 1. 109,x77 eX , coapleta is place per 8X. 1.-15 Igl7 23y:~ ~ Re Elect ve Psvemeat mar saga, 4^ • x9,397 LY solid, 90 mil (Yellow) per LF. ~~ /„~ (~ 6 ,~ q ( Re `lective Pavement merkiaga, 4^ V( g . O 3• 6,090 LF bs+rkea, 90 mil (Yellow) per yp, J~ J 2 23~I:8U Re::!lectiva Pavamaat mark age, 4^ L 4• 7,760 LF brnkea, 90 mil (white) per LF. 3~ 2,8~ 1 20 ReE:leetive Pavement merkiaga, 8^ . 5. 4, 046 LF eo:,id, 90 mil (}Phite) per Lr. l ~~ y; 24$•3D Ke1:'lectiVO Pavement mar age, 6 1,600 LF ix" solid, 90 aril (white) per ' LP. 2 / J. ~"J /~/~ G~~~L~.W Reflective Pavement markings, 7• 1,970 LF xf^ solid, 90 mil (}/Cite) pas LP. ~•~ 12} -fl I.OO Kellett ve Pavement spark age, 8• 30 SA word, 90 mil (white) per E7-. ,`n (~ m RelLact ve PBVemeat markiag8, 9. 43 $A arr~r 90 mii (I}hite) per SA. ~~~ ^h ~J ~ h/:,.~,1 ~G () Ral:Lect ve Pavement markings, I , 10. 388 8A (ty,~e II-A-A) Per 571, ~^ ('U II~^~'(_]~ ll V / ( O . 9 ADDENDDM N RRViBED PROP08RS, PORM ATTACRMENT NO. 7 eAP6 5 OF 10 Page 5 Of 10 .,~• ..+• <w~ a.,, c< u<ooovc tNU1NttK1NU l1. 5p 8A Reflective Pavement ~tarkiage, (Type II-Hlue-H1ue) per EA Traffic Control Plan, complete 12, i L8 i:a place per Lg. TOTAL ADDITIVE ALTERNATIVE 2 (ITEMS 1 TERD 12): PAGE 13/17 y-.Z~ 21 b .00 ItOf)U.(b I,000.UU s 2401.54 Additive Alteraatiw 3, Roll Road phase-2 Beal Coat ITS DNIT D88CRIPTION tRPIT PRICE HID ITE11 8][TEM8I01 IN lIOORES (QTY lC Ot1IT PRICE 1. 109 803 8Y e ogle-course surface treatment, IN PIODREB) , ecmplate is place per 8Y. I.~ 2~ I~Z I~ 2. 28 700 LF Reflective Pavweai markings, 4^ • , , solid, 90 mil (Yellow) per L!. Refl ~~ I, hh I v) ~I~•W 3. 5,800 LF ective Pavement markiage, e» broken 90 mil , (Yellow) per LF. ~~ ~ I~ 00 4• 7,•150 LP Refleetlva Pavement markiage, ~» br~kea 90 ( • , mil (phite) pas LF. • ~~ 2 ~~ ~ 5. 4 169 L Reflectiw Pavement markings, 8» ~ . , S ao.lid, 90 mil (xhite) per LF. • ~ c,{1~ ]~ 11 i.J~~.~ 1 4e0 LF Re:':laetlw Pavement markings, " , B• 12 solid, 90 mil (Rbite) Par L! ~~ ~ 41~ /lY •W Re!'1BCtive Pavement markings, 7• 2,030 LP 24' gelid, 90 mil (1Phite) per 8 Aefaective Paveet®nt markiage, • a7 EA word, 90 mil (1Thite) per EA. (l f~J•VV - O 9. 35 RA Reflect ve Pavement mark age, . . 11-rJ~• V arrow 90 mil (t/hlie) per 8A. I /~/~ l ~~ 4.J1/ ~'~,~~~ 10 Refleetlva Pavement markiage, . 373 SA (tY'Pe ii-A-A) per EA. 4.20 I ~l.,c,.t~ o il. 50 gA Reflaotive Pavement Markings, (Ty'~e II-Blue-Hlue) per 8A ~'~ 'l 210•UV 32 1 LS TraFPic Control Plan, complete . in ;dace per Lg. 1I11J~~~/~/~ ~n/n. TOTAL ADDITIVE 11:.TBR1iATIVB 3 (ITEMS 1 TRRII 12) : ~ e~~ ~ a $ . ADDENDOM N0. 4 AsprBffi PAOPOBAL PORN ATTACHMENT N0. 7 PAGE 6 OP 1o Page 6 of 10 _ .. _ .. ___.. ...,. « .. ~.,,,...,c tIVb llVttK lfVU HID SUDII~QARY TOTAL RASE Sib (ITBKS 1 T![RV z0): TOTAL ADDITIVE wTaA1PAT8 IQO. 1 (ITHNS 1 TSRV 12) : TOT~IT=V$ AL,I~AR,B 2Q0. 2 (IT$tQg 1 TXRII 11) TOT_ AL )1DD=Tlyg ALTBRNATa NO. 3(IT8M9 1 T6RD 12): 8)138 HID PLII9 I~DDITryH ALTaRNATB 1: 3A3$ H~ LVS analTiva Ar.TaaxATS i + z: 8A3a ~ 8 Ia pl.Vg lDDITIVB ALTBRtiATB 1 + 2 + 3: PAGE 14/17 s ~i V5 lal,5.4b s~ l ?T~d s ~3,~0~ 54 s 24_ Z~~$0 s.~_ ~ 1o32.bU s 13 4335 8lease note: 81d quantities are for bidding purposes only. 1,otual quantities may vary sad will be determined by actual field conditions encountered durin« construction. The undersigned hereby declares that he has visited the site and has carefully examine(, the plans, specifications and contract documents relating to the wcrk covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warrant but are Here estimates for the guidance of the Contractor. ADDENDUM NO. 4 REO=8tD PROHOBAL TORlt ATTACHMENT N0. 7 FAp$ 7 OF ].0 Paga 7 Of 10 P E R F O R M A N C E B O N D Bond No. 8213-09-01 STATE OF TERAS § COUNTY OF NUECES § 2030W ALL BY THESE PRESENTS: THAT Clark Construction of Texas, Ltd. of BERAR County, Texas, hereinafter called "Principal", and Federal Insurance Company a corporation organized under the laws of the State of Indiana , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE MILLION, FIVE HUNDRED SEVENTY-SEVEN THOUSAND, EIGHT HUNDRED NINETEEN AND 34/100($1,577,819.34) 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 13TH of MAY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 PROJECT NO. 6442 (TOTAL BASE + ADD.ALTS. #1,#26#3: $1,577,819.34) 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. PROVIDED 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. Performance Bond Page 1 of 2 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete the entire project includin any additive alternates awarded within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 9 parts at Corpus Christi, Texas on the date shown above. ATTES City Secretary APPRd~ AS TO LE FORM/ By: Asst. City Attorney CITY OF CORPUS CHRISTI r By ~ ,~u/~k ~G~- s/~~~8 Ange Escobar, Interim ss City/ Mgr. of Public Works and Utilities Services ATTEST: (If Corporat'on) Q~~~ ~. ( Sea 1 Be 1 w) A.? ~{,y,. - QQ(i,IDp~.cC (Note: If Person signing for cozporation is not President, attach copy of authorisation to sign) !Y COUNCIL By: 4 ~ ~g IJIJ Kevin Stowers, Interim Director of Engineering CONTRACTOR Clark Construction of Texas Ltd. BY~ ~%/ Tit 1 e : pIQIC[D~L QF SpP(, tpMf~~ 5140 GIBES SPRAWL ROAD (Address) SAN ANTONIO, T][ 78219 (City) (State)(ZIP) 210/661-6785 *210/661-6421 (Phone) (Fax) Agreement Page 2 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 21st day of Mav 20 08 PRINCIPAL ATTEST SURETY ~`, +'^,~ By; ~~a r••. Attorney-in-fact ~~~~i , Roxanne G. Hebert ~~-= (Print Name) ~~ ~ :~~~ The Resident Agent of the Surety in Nueces Conatp,. R1~..JJ „~••~•for delivery of notice sad service of process is: Ag~cY= Swantner & Gordon Insurance Contact Person: Randal M. Lee AddreBS: P.O. Box 870 Cows Christi, Texas 78403 Phone Number: 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of contra ct)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D Bond No. 8213-09-01 STATE OF TEXAS § COUNTY OF NUECES § FQJOW ALL BY THE3E PRESENTS: THAT Clark Construction of Texas, Ltd. of BEXAR County, Texas, hereinafter called "Principal", and Federal Insurance Company a corporation organized under the laws of the State of Indiana and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE NINETEEN AND 34/100($1,577,819.34) 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 13TH day MAY 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 PROJECT NO. 6442 (TOTAL BASE + ADD.ALTS. #1,#2S#3: $1,577,819.34) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall 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 Sond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 21st day of May 20 08 PRINCIPAL ATTEST ~~~~ •IYV - YINhII Name b Title SURETY (Print Name) c.; n-3 ;f: The Resident Agent of the Surety in Nueces County;%' delivery of notice and service of process is: Agency: Swantner & Gordon Insurance Contact Person: Randal M. Lee Address: P.O. Box 870 amorous Christi. Texas 78403 Phone Number: 361-883-1711 ,;•"'~ ;': i c(; ,~~., (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/OB) Payment Bond Page 2 of 2 C1.~dRi ' ~IiC~.7D0. ()Q' 4s~11~(,OM LiPW.PeIV}tl (Print Name & Title) Attorney-in-fact CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of.POwer of Attorney for Performance and Payment Bonds Ocean Drive Seal Coating Elizabeth Street Project Name/No.:~~F,,,,iQ TnFlin Road nnR PrOlect No. 6442 Surety Company: FEDERAL INSURANCE COMPANY Gentlemen: I, Michael C. Keimig (name of Officer of surety), hereby certify that the facsimile power of attorney submitted by _ Roxanne G. Hebert (Attorney-In-Fact) for Clark Construction o Texas, (Contractor), a copy of which is attached to this certificate, ie a true and correct copy of the original power of attorney on file in the records of the surety company in its. home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within.aeven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Hox 9277 Corpus Christi, Texas 78469-9277 Signed this 21st day of May 20 08 "" FEDERAL INSURANOCE COMPANY Name • "~~~Gl~ Michael C. Keimig Title:Assistant Vice-President Sworn and subscribed to. before. me on this 21st day of May 2008, ~,,!lyy VIfA PETiERMAN Notary Public Vita Fetterman : NoteryPubNc,StateoiTezas State of Texas ,. My Canxnission Expiros ~~«` ~~(O~,E009 My Commission Expires: ,Zoo` (Revised 9/03) ATTACHMENT 1 1 OF 1 C Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 crruss Know All by These Presents, Thal FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bruce C. DeHart, David R. Groppell, Sharen Groppell, Roxanne G. Hebert, Beverly A. Ireland, Edward L. Moore and Mary M. Rifaat of Spring, Texas ------------------°--------------------------------------------------------------------------- each as their true and lawful Allorney- in- Fact Im execute under such designallon in (heir names and to affix (heir corporate seals to and deliver for antl on Ueir behalf as surely (hereon or otherwise. bonds and undertakings and other writings obligatory in the nature (hereof (other Than bail hoods) given or executed in the course of business, and any instruments amending or altering the same. antl consents to the modilicalion or alteration of any instrument relerretl loin said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed antl attested mesa presents and affixed their corporate seais on this 15th day of May, 2008. (//~ ~~ ~ u .y/ ~ ~,.~~ 1 - A ~^~ G Henneifi C. Wendel, Assislanl Secretary D .Norris, Je, Vice Presi STATE OF NEW JERSEY ` ~ ` ss. County of Somerset On Iris 15th day of May, 2008 before me, a Notary Public el New Jersey, personally came Kenneth C. Wendel, tome known to be Assislanl Secretary of FEDERAL INSURANCE COR1PANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the loregoing Power of Attorney. and the saitl Kemieih C. Wendel, being by me duly sworn, did tlepose and say That na Is Ass!stant Secralary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INCEMNITV COMPANY and knows the coporate seals (hereof, Thal Iho seals allixed to the loregoing Pourer of Allorney are such corporate seals and were (hereto allixed by alnhoriry of the By~ Laws of said Companies: antl Thal he signed said Power of Allorney as Assistant Secralary of said Companies by like authority; and That he is acquainted vnlh David B. Norris, Jr., and knows him to be Vice President o! saitl Companies; and Thal the signature of David B. Norris, Jr., subscribetl to said Power of Allorney Is in the genuine handwriting of David e. Norris. Jr., and was thereto subscdbed by aulhoriry of said ay~ Laws and in deponent's presence. Notarial Seal ~J = O KATHERINE KALBACHER ~~~ `/C~/,G`--~ Wed t qCy PIOTARY PUBLIC OF NEW JERSEY l/6/ /G(/6 ~ SP~y rn No. 2316685 'ff~ ~ ~~ 6 COnRrt15510^ Expires July 8, 20D9 Z Notary Public ~ PUB~y ~> Nay JEPe~ CERTIFICATION Extract from the by- Laws DERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for antl on behalf of the Company may antl shall be executed in the name antl on behalf or the Company, either by the Chairman or the Presltlenl or a Vice President or an Asslstanl Vice President, jointly with the Secretary or an Assislanl Secralary, under (heir resDeclive designations. The signature of such officers maybe engraved, printed or Ilthographetl. Tha signature of each of Ina following elFi<ers: Chairman, Presltlenl, any Vica President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be allixed by facsimile to any power of attorney or to any certificate relating (hereto appointing Assislanl Secretaries or Attorneys- in- Fact for purposes only o1 executing and atleslirg bonds and undedakings and other writings obligatory In the nature thereof, antl any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valitl and binding upon the Company and any such pourer so executed and cenilietl by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect tm any bond or undenaking Im which it is attached." I, Kenneth C. Wendel, Assislanl Secretary of FEDERAL INSURANCE CO!NPANV, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY pho "Companies") do hereby certity that (i) the loregoing extract of the By- Laws of the Companies is True antl correct, (ii) the Companies are duly licensed and authorized [o transact surety business in all 50 of the Unitetl Stales of America and the District of Columbia and are authorized by the LLS. Treasury Oepartmenl; further, Federal and Vigilant era licensetl in Puerto Rico and the U.S. Virgin Islantls, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canatla except Prince Edwartl Island; and (iii) the foregoing Power of Attorney is True, correct and in full force and effect. Given under my hantl and seals of said Companies a1 Warren, NJ lhls May 21, 2008 y c ~~ o ~tl~~0 i~~~r'ra~ry ~S~~S o a®~ ~ n,'wo ~ 5f"f'F ~ ~ i K nneth C. er(del, Assislanl Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (909) 903- 3656 e-mail: surety®chubb.com Form 15-f 0- 02250- U (Ed. 5- U3) CONSENT IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM, YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. ' n4/ b4/ Lnnn ~~~ LL tlLbJtlnL CIYU 11VCtK11Vl] rHUt aa/ i ~ .~ ~` `i P R O P O S A L F O R F O R M OCEAN DRIVE SEAL COATING ELIZABE~"H 3TREET TO ENNI3 JOSLIN ROAD - 2008 PROJECT N0. 6442 DEPARTMENT OF ENGiNEEAING SERVICES CITY OF CORPUS CHRISTI. TEXAS REV18=D YROPOBAL FOAJ( PA66 1 OF 10 ADDENDUM NO. 4 ATTACHMENT N0. 7 Page 1 of 10 P R O P O S A L Place: ~Vl VJI 1! Date: Proposal a Corpo::ation organized and existing under the Taws of the State of OR a 1Pa~•tnership or Individual doing business as TO: The City o£ Corpus Christi, Texas Gentlemen: The and=_rsigned hereby proposes to furnish all labor and materials, tools, ;lnd necessary equipment, and to perform the work required for: OCEAN DRIVE SEAL COATING ELI4A88TH STREET TO ENNI3 J03LIN ROAD - 2008 PROJECT' NO. 6442 at the locations stet out by the plans and specifications and in strict accordance with thi! contract documents for the following prices, to-wit: ADDENDQM N0. 4 aLV28iD FaoHOBAL lOAl! ATTACHMENT N0. 7 pA06 2 OF 10 Page 2 Of 10 '1VL 1V/1/ oosAx aRlvs sBAL Co!-rxttc BLIZAHBTH STQ88T TO 8la1I8 JO9LIN ROAD - 2008 HASH HIA 1T~ DNIT DESCRIPTION Dl4IT PRICE SID IT81( 8ET8N82O! ]14 aICIIR89 (4TY X OMIT PSICB m asavRBS> i. 1 LS C~ntraetor Mobilization, complete i i place per LS . pj~ /` ~ AO! ~(J.~ C~ _''(lo ~ UD "1 2. 2.000 SY M.L P' sPop pas~h repairs complete e i:i lace ~ ~. OO I `0+~. 3. 5,000 LF M:.ac. crack sealing, complete in p:.ace pez LF ~ ~ M UU . .~ ' . Single-course surface treatment, ccmplete in place per SY. 4. 235,429 SY (City will provide Grade cauree F$ I,U~ 3,~ ~~•[~ Cass A Washefl tzap rock.) ( A ~uatmeat of Sanitary 9awez 5. 66 8A aunholea, coagilete is place per 811. /M~/~ I ~,W ~(~yy( //~~//~~ ~~//''~~ 1 '!l!<~J•W Adiuetneat of Storm Sewer 6• 93 8A ~aholea, complete is place per I A ` d0 ~ A t ' ~ ~DIZOD D~ Adjustment of water and Gas valve 7. 165 EA bo;see,. Per EA. 3~5.OD l~I,g~.00 Re.:lective Pavement markings, 4^ 9. 430 LP so:.id, 90 mil (Yellow) per LF. /~/~ ~~/~ /y~ Relectiv P g. 49 400 LF e avement markings, 4" , SO:..id, 90 mil (White) per I.F. ~1 ~b ~1~1pM Reflective pavement markings, 4" ( o /~1166•UU 10 15,100 LF broken, 90 mil (White) per LF. •~~ /~ ~ ~ Reflective Pavement mar fags, 8^ 1+lJ l 11 3,850 LF so]id, 90 mil (White) per LF. I •~ d9-Z 5D 4 Reflective Pavement markings, 12" . 12 1,460 LF solid, 90 mil (White) per LF. 2 ~~ J+ 4 ~ ~ Reflective pavement markings, 24^ " ' 13 2,150 LP solid. 90 mil (white) per LF. ~ •~ I ~154h.OD - Reflective Pavement markings, 14 18 EA wor 1, 90 mil (White) per EA. HO /V~ ^!~^O _` ADAENbOM N0. 4 RavZ9aD P10P09AL ropy ATTACHMENT N0. 7 PAOp 3 DP to Page 3 of 30 '+~. •+„ ca,vir +.+. a,. .,c v., v,~t GIVU IIYGGRIIYU 1"(.jUt jj/ j / 15 66 EA Re eetive Pavement markings, arrow, 9o mil (White) per F-A. 136 00 ~ 580 b0 16 42 EA Reflectave Pavement markings, diamond 90 . , . , mil (White) per EA. Re p ~O'oo 3,~~~~~ 17 42 SA flective Pavement markings, bike 9 i , 0 m l (White) per &A. 8.00 00 3 310 18 760 EA R/~ lective Pavement markings, (!:ype II-A-A) e E . , p r A. ~•~~ 3,gg0.0o lg 30 ~ Re:flective Pavement. Markings, -. ("ape II-slue-slue) per EA. 5.25 151 E 20 1 LS xr~a fic Control Plan, complete in place e Ls , p r . I~00.0~ I,SOO.00 xorAL SASS axe (Ixafrs 1 xmev ao): $ q(.~~5~p Aiditiva Alternative 1 creeaMOOd Drive seal coat IT1SlS UNIT D88CRIPTION v+'~az' BRICB SID IxElt R7CT8N8Z02 IN FIGORI9 (QTY X DNIT PRICB Si:lgle-course surface treatment N F 01ITltse) 1. 62,540 SY , COl' lets ari lace P per SY. I.~S I (Y~, q~.00 2 Relective Pavement markings, 4" • 3,330 LF eo:.id, 90 mil (Yellow) per LF. -42 I,'SIg.VO Reflective Pavement markings, 3. 219 LF 24• solid, 90 mil (Yellow) per ' yy~~ y /~ q~ ~ Re lective Pavement markings, 4" 4. 4,100 LF brckeri, 90 mil (white) per LF. •~~ ~ '~^ Ah ( (~ ) Reflective Pavement markings, 8^ ' /, , 5• 1,150 LP solifl, 90 mil (White) per LF. ~~~~^^ ( .l.T~ ~ /1~ ~ { LU~ •~ Reflective Pavement markings, 6 870 LF 12" Solid, 90 mil (White) per LF. ~ /~ ~. W /I /~ 31~'i:QU Re ective Pavement markings, 7 250 LF 24" Solid, 90 mil (White) per LF. G 6 ~ /~/~ 21'~Q •lJu RRV28ED PROPOSAL TORN PAGE a OP 10 ADDENDUM NO. 4 ATTACeIDtENT N0. 7 Page 4 of 10 "'• "~• """' '"•'-~ ~~~-••+~~ uvvawccrtlrva r,iuL 1L/ 1 8 Reflective pavement markings, • 5 EA cord, 90 mil (White) per EA. 21p ~ nno~nn nnnn I~J~•W 9 Rz ective Pavement markings. ' ~ ~+ arrow 90 mil (White) par EA. ~1 h ~ UO•W I1~ 1~•V 10 Reflective Pavement markings, . 210 EA (':ype IZ-A-A) Per EA. ~•u I.IUZ il. 10 Ep R~:flective Pavement markings, (`.ype IZ-Blue-Blue) pez EA. T:'af ~•~ (~~ 12• 1 LS fie Control Plan, complete in place per L9. 1, OOU .UO I,pOU.UU TDTAL ADr~ITZVB ALTBRNATIVa i (ITSrra 1 T8Ra 12)e S~~I~•LQO Additive Aiteraative 2, 8011 Road Phase-1 Beal Coat I III BID QTY G ~ ~ V ZT814 gNIT D88CRIPTION QNIT PAZCE 8ZD STBJS 87CTEN8ION IN FIOQRSB (QTY X CNIT PRZCB 81:ogle-course surface treatment ZN g GtiRZB) 1. 109,377 eX , coapleta in place par 8X. I. ~K Iq I, 23y:~ Re Elect ve Pavement mar i ^ 2 oga, 4 . 39,397 LF eo lid, 90 mil (Ye11oM) per Lg, ~~ „„ ~ ~~~ ~~ Re.. ective Pavement mark :a 4^ V) • 3 gs, • 6, 040 L8 br.~kea, 90 mil (Ye11oM) per LF. • 1~ J .•~ c L ~~~ Q Re:°.lective PavameaE mark ^ ( b 4 Aga, 4 • 7,760 LF brr~ken, 90 mil (Whhite) per LF. .3~ 2,81 20 Re1':lective Pavement mar l ^ . 5 ags, 8 . 4,046 LF ao:.id, 90 mil (White) per Lg. I -U5 y; 24$-'~D Re1:'lective Pavement mazR ags, 8 1,600 LF 13" solid, 90 mil (White) per LF ~ . 3. ~ip~.QO Re!' active Pavement markiage, 7 1,970 LF 34^ solid, 90 mil (White) per LP. ~.~ ~~LL /~/~ Iti~ DTI I.00 Reflective Pavameat markiaga, B• 30 t1- wrd, 90 mil (White) Per BA. f. Reflective Pavement markings, 9. 43 8A azr~r 90 mil (lihite) per sA. l ~~~ ~J(J ~ ~ ~G Reflective Pavement markings, (v r )~l/ ' 10. 388 SA (ty,pe ILA-A) Per ~,. 4.2b 'A r,n ' ~ "'~~• ""' ADDENDOM N0. 4 RRVZSaD PROtogAL tomR ATTACRMENT NO. 7 eM+B 5 OF xa Page 5 of 10 v~• ..~• ~va.••,. a..•• c,. vcu: ~sasvc CIY~IIYGGR IIYV 11. 80 gA Reflective Pavement xarkiags, (Type ii-glue-H1ue) per EA Traffic Control Plaa, complete 12, 1 L3 i:a place per L3. TOTAL ADDITIV8 ALTHRNATIVS 2 (ITEMS 1 TARO 12): rra~t tai 1 ~ ~,00~•(b t,000.UU s 24~b1.~~ Adclltive Alternative 3, Holl Road Phase-2 Seai Coat o+r+ QTY 4 - • V ITfa! 1JNIT D88CRIPTION t1NiT PRICE HID ITEit BrTENHZOf IN PIADRES (QTY ; OMIT !RICA 1 Single-course surface treatment, ~-PIAORES) . 109,803 SY ecmPiate in place per HY. /`~ /~ 2. 18 700 LF Reflective Pavement markings, 4^ , aciid, 90 mil (Yellow) per LF. ~~ (1 I ~'~ 3 Aef!lective Pavement markings, !^ v~ ~~ • 5,800 LP broken, 90 mil (yellow) per LF. • 3~ 00 I ~k 2 4 Aeflectiw Pavement markiaga, 4^ .e . , . 7,450 LF br~kea, 90 mil (Nhite) par LF. ~~ ~' ~~ •~ 5• 4 169 LS Ae :lectiVe Pavement markings, 3^ , eO.lid, 90 m11 (xhite) per LP. 1 440 L Ae:':lactiw Pavement mark age, " , F B. 12 eo118, 90 mil (1Phite) per LF ^~~ ~~~~ff~~ /u' Ref!leCtiw Pavement markings, 7 2,030 LP 24' solid, 90 mil (Nhite) per LF. '~/} ~ ..J~J ~y,/v~~ M '~ ( ~ 0 1' ~" 3 AefaeCt ve pawmeat markiaga, • 27 SA wos d, 90 mil (1lhits) per EA. l U~.oo 0a 4 ~ 9• 35 EA AelleCt ve Pavement mar aqe, , f snow 90 mf1 (white) per HA. ~~~ /~/~ •(.JV --fir ~/~ ~I~ ~J.W 10 Ref eotlVa Pavement markings, . 373 IfA (tY'Pe Ii-A-A) per EA. 4.20 1,~(,(, ,Ce 0 11. 50 sA Reflective Pavement A(arkiags, (Ty'?e II-Hlue-Blue) per BA ~~ 210•Uv TraCPiC Control Flaa, Complete 12 • 1 Ls is ;>laee per L3. i ~OU~ o a ( o. v t,o TOTAL ADDITIVE A:.THRNATIV$ 3 (ITEMS 1 TRRII 12): ~ Z42~~ a O $ . ADDENDOM N0. 4 ReVIBSO PaOPOBAL TORN ATTACXMENT N0. 7 PAGE 6 OP 10 Page 6 of: 10 ba/b4/znntl 15:22 tlZb3tltlZ ENGiNEEKING HID SUdII$ARY TOTAL HASL~HIb (IT$:f3 1 TSRII 20)s TOTAL ADDITIVE ALTgp17AT8 BO. 1 (ITSE(8 1 TBRV 12) : TOTAL~I~ ALTBRNAT$ 1P0. 2 (ITHt63 1 THRII 12) s ToTAL~,~ ALTBRBATB xo . 3 (IT81QS 1 Tsnv 12) BASB HID PL09 )•DDITIVS ALTBRy~ATB 1: HAaB HID PLOe ~nasrzvH Ar.TBxBATB i + z: HASB 8ID pApg }DDITIV$ ALTBRNATB 1 + 2 t 3: PAGE 14/17 s ~i V5 lel.5.4b s 125 ,~d s 1Lt3,~S01 S~- s 242, 3k5. %0 s,~, (pll Lo32.6U s I,3 43'S5~ s Ih5"1"I, Iq.3~l- Please note: 81d quantities are for bidding pu=poeea only. lletual quantities may va~.y and will be fletermiaad by actual field conditions Aacouatered durinc:( construction. >,x1e unaersigned hereby declares that he has visited the site and has carefully examinee. the Plana, specifications and contract documents relating to the wcrk covered by his bid or bide, that he agrees to do the work, and that no representations made by the City are in any sense a warrant but are Here estimates fox the guidance of the Contractor. ADDENDUM NO. 4 AEVIBRD YROP09AL D0111[ ATTACHMENT N0. 7 PADS 7 OF 7,D Paga 7 Of IO v+, V+, GVUV 1J. tG VGVJUVG CIYp 11YGCIC IIYU rHVC 1J/ 1 / The and<:rsigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the SNidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days exect.te the formal contract and will deliver a Perfozmance Bond (as required) for the .Faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in ~;he amount of 5$ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work eacaed thereby. Minority/D[inority Business Enterprise Participation: The apparent low bidder shall, withi:i five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of M8E firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number o:? Signed Sete of Documents: The contract and all bonds will be prepared in not les; than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the entire project (including say additive alternate if a~rarded) within 120 calendar flays from the date designated by a Work Order. The unde:-signed further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and da everything required to carry oct the above mentioned work covered by this proposal, in strict accordance with the contract documents and the zequirements pertaining thereto, for the sum or sums above set forth. Receipt :~f the following addenfla is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) Respeetfull submitted: Name: Q ey: (SI@iATIIRE) Address: ~~ 6~~ ~~~~ (P.O. Box). (Street) ~~iv(o 1X. ~82t4 (City) (State) (zip) Telephone: ~~R~.le~1a~J 1aoTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. R6VI86D PROP08AL roar PAOa 9 OF to (Revised August 2000) ADDENDVM NO. 4 A17ACHMENi NO. 7 Page B of 10 ,~~ ~,ai~ .Lll\1~ \4 rs+uc 1 b/ 1 / CITY OF CORPUS CHRISTI ~ _G City of Corpus Christi Orlin, rocs 17112, as amtendedsreRuires aINTERESTS provide the following inform 3tion. Eve q persons or firms seeking to do business wRh the City to ~/1~ ~~ '~"~~~ ~~ ry question must be answered. If the question is not appBcabte, answer with ANAw. FIRM NAME: l_iLACK. C11F~L571D1v'ftnet ncTtven ~ -rn STREET:y,~~~ CITY: ~L~Wn ZIP; ~~ZJoI FIRM ia: Corpora o 2. Partnership 3. Soie Owner 4. 5 Other Association N additional space is neces;.a DISCLOSURE gUESTIONS ry, please use the reverse side of this page or attach separate sheet 1. Stale the names of sac haemployees ofthe City of Corpus Christ) having an Aownership interest constKuting 3°~ or more of the ownership in the above named efinne. Name ~/~ Job Title and City Department (if known) 2. State the names of each ~ofllelals of the City of Corpus Christ) having an Aownerehip Interest. consthuting 3°~ or more of the ownersF~lp In the above named A,Arms. Name Titre ~_ ~• State the names of ea~:h Aboa/d members of the Clry of Corpus Chriatl having an Aownerehip interests constituting 3°/. or moo a of the ownership in the above named t-finms. Name `, /~ Board, Commission or Committee 4. State the names of eaci employee or officer of a Acotrsultante for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an Aownershlp interests constituting J•~ or more of the ownerehip in the ab we named t-firtns. Name Consultant ~~ I certtty that all information { provided is true and eoreEcRas olChe date of this statement, that I have not knowingty withheld disclosure of any information n;quested; and that supplemental statements will be promptty submitted to the City of Corpus Christi, Texas as changes occur. Certitying Person: iPk7 GI,pOR.IL Signature of Certifying Person ~~^~L,/ RiY29ED P90P09Ay POR11 PAGE 9 OP 10 Title: ~~[~ Date: ~~. (~r7~ ADDENDUM NO. 4 ATTACArtENT NO. 7 Page 9 of 10 L~ \Vll VLLf~11 Vll rwut 1//1/ DEFINITIONS a• "Board Member", A n ember of any board, commission or committee appointed by the Cily Council of the City of Corpus Christi, Texas. b. 'Empbyee", Any persoi ~ employed by the City of Corpus Christi, Texas, eittreron a full or part time basis, but not as an independent wntractor. c. "Firrn~~. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce r~r deal with a product or service, including but not limited to, entities operated in the form of -aceivershipns{an entgitt~ Wh~~~~ ion, partnership, corporation, Joint stock company, joint venture, p rposes of taxation, are treated es non-profit organizations, d. "Official". The Mayor, r nembers of the City Council, Cily Manager, Deputy Cily Manager, Assistant CiIY Managers, Department and Division Heads and Municipal Court Judges of the Cily of Corpus Christi, Texas. e. ' `Ownership Interest"..egal or equitable interest, whetheractually or wnstrucdvelyheld, in a firm, including when such interest is held thr.wgh an agent, trust, estate or holding entity, AConstructively heldo refers to holding or control established throt gh voting trusts, proxies or special farms of venture or Partrrership agreements. f• ' ~ Consultant", Any pec;on or firm, such as engineers and architects, hired by the Ciry of Corpus Christi for the purpose of professional :onsuttation and recommendation. R6VSH80 PAOPOBAL POAlr kAF6 10 OP 10 ADDBNDVM N0. 4 ATTACHMENT N0. 7 Page 10 of 10 ACORD„ CERTIFICATE OF LIABILITY INSURANCE °""'"°""°"'"""' s z7 aooe -~~ Phone: 210-aza-2161 Fa:, a1o-zza-lsle TN18 CERTIFICATE IS OBUED AS A MATTER OF INFORMATION Catto & Catto LLP OLLOER THIS~CE~RT~IFICATE ~ EIS NOTAMFm.ND, EXTEND OR 217 East Rouston St . , Ste #100 ALTER THE COVERAGE AFFORDED BY THE POLICIE8 BELOW. San Antonio TA 76205-1801 INBURERBAFFDRDINGCOVERAGE NAIC# wsuR® INMm6RA: Clark Construction of TX, Ltd. ureuRERa 5140 Gibbs Sprawl Road c San Antonio TX 78219 wiuRERC: THB POLICIBB OP INSURANCB LIBTBD BSLOM HAVE BEEN ISBUBD TO TNB INNORBD NAMED ABOVE FOR TBB POLICY PERIOD INDIGTSD. TRITHSTANDIHO ANY REQUIREMENT, TSIW OR CONDITION OF ANY CONTEACT OR OTHeIt DOCOt¢NT NITX R86PBCT TO NEIICH THIS RTIFICATE MAY BS INBUSD ORMAY PERTAIN, THS SMBURANCe APF'OROBD BY TBS POLICIBB DESCRIBBfl HERBIU 28 BUBJSCT TO ALL TNB HRMS, BXCLUSIOMB AND CONDITIONS OF SUCH POLICIBB. AIXiR80AT6 LIMLT9 BNOMN MAY HAVE BEEN RBDUCBO BY PAID CLAIMS. -OLICTRURiER POLgYR-RCMVE EI4•IR1UpN LMDi p siaeRALLUUIUrr P0591665602 9/1/2007 9/1/2008 EACNOCCURR6NE d NMMERCULLGENERALLIA&UTY ~ R i CLAwS MADE ®OCCUR MEDEAP aMwraen i PERBONN.aADVwJURY it 0 O 00 OENERKAaO1tEBATE i 2 OENiAOOREOATEUMNAPFI,IEBPE7t -ROCUCIE-COMMOPADG i 0 POLICY ~' LOC B Aul alowuLUUnuTY AP591565602 9/1/2007 9/1/2006 ANYAUro / tEaaiaLeunar i 1, 000, 000 AuowNEDAUTas ~/ BODE.TwWRY ' i BCNEDUU20 AUTOS IPa PM~1 NRIEUAVTOS BOOAYIWLRY X NON-0WNED AUTOS IPxrnMrsl i PROPERTYDAMAGE i IPm.cduea> aM AB6LWILRY AUIODMI.Y•EAACCIDENT f ANYAUro omERTHAN EAACC s AUTOONIY: AGD i A EReeiimMERCLUUnRRm UC9261684 9/1/2007 9/1/2008 EACIIOCCURRERCE i OCCUR ~ CLNMS MADE / ABOREfMTE f O V i DEDUCTIBLE i RETENIgN i i A waaERe wrPnrAnoR AND 05915657012 9/1/2007 9/1/20Dp % aRFLOYBIIFL4BiRY ANY PROPRIETORR'ARn1FR~EJ1ECUnVE J E1. FACIInCGDENT i OFPICERMlMEEREECLUOED7 F E g E El DIiSABE-EAEMPLOYEE E U D YY.~,, na FIn N B W PROV NO B PEC . R N M E.L.mBEASE-PDLICYLIMH S 00 OmER DEECRIPTION OF OPgtAT1DMe ~ LODAIRNp ~ V[llmlH l EXC W 410N6 ADDlO BY 9qo W iMB1T: sFGML PROVM10w mjact R644a-Ocean Drive Seal Coating Elisabeth Street to Ennis Joelin Roed 2008. ha City of Corpus Christi ie named ae additional inured on all Osneral~Liabilty and ail Auto Liability policies ae squired by written cunt rect. _v/ CERTIFICATE MOLDER CANCELLATION City of Corpus Christi /Engineering 3ervcies Attn: Contract Administrator / P.O. Box 9x77 .V/ Corpus Christi TX 78469-9277 LD ANY OF TNB ABOVE DESCRIBED POLICIeS BB CANCBLLBD iRS TNB SRPIRATIOb DATE T[ISRBOF, TIU3 ISBUINO LN9URBR BROBAVOR TO MAIL 30 DAYS NRITTBN NOTICB TO TNB 'IPIGTS HOLDER NAMBO TO THB LEFT, BUT FAILURE TO DO 80 L IMPO88 NO OBLIGATION OR LIABILITY OP ANY KIND UPON INSOASR, ITS AGENTS OR RHPR666NTATIVE3. IMPORTANT If the certificate holder b en ADDITIONAL INSURED, the policy(ies) must lre endoreed. A sletemenl on this certificate does not wnbr dphta to the certlflCeb holder in Ibu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the bane antl conditions of the policy, certain policies may require an endorsement. A statement on this certlflceb does rwt confer rights to the certiflceb holder in lieu of such endorsement(s). DISCLAIMER The Cerflfkab of Insurence on the reverse side of this form does not constitute a contred between the Issuing insurer(s), authorized representative or producer, end the certfficab twWer, nor does it affirmativety or negatively amend, extend or alter the coverage afforded by the polldes listed thereon. Additional Insured -Automatic -Owners, Lessees Or Contractors -Broad Form Polio No. SR. Dale of PoL Erp thre of Pol. E2 Date o/F.ad. Produar Add'L Prm Ratme Prem. CP0591565502 09/01/07 09/01/06 09/01/07 s s TH15 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'i'bis endorsement modifies iasorance provided miler the: Commercial General I:iabiBty Coverage Part A. VirNO IS AN INSURED (Setlionip is amended to indade as as iasurrd any person or organization whom yon are re- quired to add as an additional insured on this potiry trader a written comraot or written agreement. B. The iaenrence provided to additional insureds applies oily m'bodilY ~1mY"~ 'p-oP~Y damage" a "personal and advu- titiog inj~' covered miler Sed1a 1, Corenge A, BODD.Y INIRJRY AND PROPERTY DAMAGE LIABILITY aad Coverage B, PERSONAL AND ADVERTLSQQG INNRY LIABILITY, but only iF. 1. The "bodily injury" or 'property damage results from your negligence; and 2. The "bodily injury', "property damage" or'persoasl aad advertising injury' results directly from: a. Your ongoing operations; ar b. "Your wort completed as iaeladed in the "products-completed operations hazard', performed fa the additional insured, whirl is the subject of the written coraratY Or written agreement. C. However, regardless of the provisions of paragraphs A. aad B. above: i. We will not attend any insurance otmrage to any additional insured person or orgaoi~ation: a. That is not provided to you is this po&ry; or b. That is any broader coverage thsa you are required to provide to the additional insured person ar orgaaizatioa io the written cmtrart or written agreemeffi; and 2. We will not provide Limits of Insurance to aay additional insured person or organization that excoed the lower of a. The Limits of Iasuranm provided to yon in this policy; or b. The Limits of Insurance yon are required ro provide is the. written contract or written agreement. D. The insurance provided m the additioosl insared person or organization doec not apply to: 1. "BodIIy injury", "property damage" or "personal aad advertising injor)/' that results solely from negligence of the ad- ditionel instved; or u•ct.ttts.w cw <srys) Doge 1 of r Inoludee oopyrlpMed tnetarial of Inewsrxe Services OHIa, Ina. with iLL permkelon. ~Oarrr Corr z re der ao~~ ''ProPC71Y damage" or'pe:soaal alai advertising iajurl/' arising oat of the rendering or failure to y prafessiooel rirchiteaaral, engineering or aurveyisg services indadiag: a fold ~P~o& sue' or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, orders, change orders or drawings sod speci6cebon; and b. Supervisory, inpectioa, architectm~al or eogioeeriog activities. E• The additional immed mast see to it that: L We an notified m saoa m practicable of an "occurrence" or offeme that may result is a claim: 2 We receive e<rittea woe d a claim or "amC as soon as predicable; and 3. A request for defense aad iodemaity of fke claim m "snit" will promptly be 6roaght agaimt say polity issued by soother inner mater which the additional immed also bas rigbta m as inured or additional insured F. The incaranee laovided by this endorsenteot is primary imnraace and vve will not seek ceatribatioa firom any other imarana available to soy additional inured peraoa or organization aoltxs the other imaraaoe is provided by a coa- tradar other than you for the same operation sad job location Theo ae will shorn witk that otber imicaace by the method describedm P~a~pb 4.t ofSECTION IV-COMMERCIAL GENERAL LIABILITY CONDI'110NS. Any provision in this Coverage Part not cbaaged by the terms and ~ditiom of this endoraemeat continue to apply as written l~Kft'fl 6 CA'fTt) LMY: u.ctrurs-a cw t9ps> t"aa.sata wovr caw POLICY NUMBER: BAP 5915656-02 `~ COMMERCIAL AUTO CA 04 03 OB 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,/ TEXAS ADDITIONAL INSURED This endorsement modfffes insurance provided under the fdbwing: BUSINESS AU70 COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With rasped to coverage provided by this endorsement, the provisbns d the Coverage Form apply unless modined by the endorsement. This endorsement changes the pdby eftedive on the Incepdon date of the pdky unless arather date is Indicated below. EndorsemeruEffecttve: 09/01/07 Cournerslgned By: , Nemetl Insured: / ~2~~ F- Clark Constructign of Tx., Ltd d -_ _~ AtRhoriz Re resentatNe SCHEDULE Name and Address of AddNanal Insured: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, ESEC[TPED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. (ff n0 entry eppepro BboVe, IrdOmlBtlOn regUtretl IO complete A118 endorsemenn rrxi ua~a.nn........o ..o.,........~... applkreble to this endoroemeri<.) A. Who le An Insured (Section iQ k amended to in- dude as an `insured' the psroon(s) or orgar9ra- tion(s) shown fn the Schedule. but oNy with respect to their lapel IlabNfly For ads or omiealons of a per. son for whom i.labaky Coverage b afforded under this pdby. B. The additional Insured namstl In the Schedule or Dedarotfons b not required to pay ~ ~Y premiums stated m the poky or earned from the Pdky Any ratum premium and any dividend, if applk;able, de• dared by us shall be paid t0 you. C. You are erRhorized to act for the additional ktsured named in the Schedule or Dedaratbns in ell matters pertaining to this Insttrorw:e. D. We w61 maU the additional lnaured named In the Schedule or Dedaratiata notice d arty carxxiBtbn of this pdky. M we cancel, we wll give 10 days no- lice to the addl0or~a1 insured. E. The addRbrtal Insured named In the Schedule or Declarotlons will retain any right of recovery as a daknard under this policy. CA 04 03 08 04 ®ISO Pro ~ies~inc-. 2003 Page t of 1 ^ CLARK CONSTRUCTION OF TEXAS, LTD. POLICY NUMBER: CP05915655-02 t/ COtIgIlERC1AL GENERAL LIAEU.RY ca oz oq i2 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement mod(fies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIOUOA LU1BItffY COVERAGE PART OWNBIS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROOUCTS/COMPLETEDOPERATIONS LIABILTTY COVERAGE PART RAILROAD PROTECTIVE LIF'181LITYCOVERAGE PART In the event of cancegagon or materiel change that reduces or res<Acts the insurance afforded by this Coverage PGA, we agree to mail prbrwAffen nogce of cancellagon a• meteAa! change to: SCHEDULE 1. Nar-~ -Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its Licensed agent. 2. Address: V >L NumMt d sdvurce : 30 Information re fired to com t le ii not sham above, wiq f>o shown in the Dedaredone. / t~Tt) 6 CASTO VVV Sql: ~, t r °S_ , - (xi 02 OS tZ 04 ®ISO Properges, Inc., 2003 Pegs 1011 POLICY NUMBER: CPO 5915655-02 ~ COMMERCIAL GENERAL UASILITY CG 24 0410 93 Clark Construction of Tx, Ltd. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US this endorsement modRles Insurance provided under the fdlowing: COMMERCIAL GENERAL LIABIUTY COVERAGE PART SCHEDULE Name of Pwaon ar thpanizatiOn: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR IASS. (If no ernry appears above, information requEed to complete this endorsement wi0 be shown In the Deelaratlons as applk:able to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY ASAINST OTHERS TO US Condklori (Sectbn N -COMMERCIAL . GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: YVe waHe any right of recovery we may Have agak~ the person or orgentr~Mon shown in the Schedue above because of payments we make for in)ury or damage ariNng out of your ongoing operations or your work" done under 8 contract with that person or organizadon and included in the °products-completed operations hazard'. This waiver applies only to the person or orgenbetion ahovon to the Schedule above. CG 24 0410 83 Copyright, Inswance Services Office, Inc., 1992 Page 1 of 1 ^ u~,n corn POLICY NUMBER: BAP 5915656-02 / COMMERCIAL AUTO CA 02 44 OB 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELWTION PROVISION OR COVERAGE CHANGE ENDORSEMENT Thls entlorsemerx mod~flee insurance provided under the tallowing: J BUSINESS AUTO COVERAGE FORM GARAGE GOVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wkh respect to coverage provided by this endorsement, the provisions of the Coverage Form appy unless modM fled by the endorsement. This endorsement changes the poiby eifective on the Inceptbn date of the polky unless another date is indlo3ted below. Endorsement EffectNe: Countersigned By. ~p j Namadlnaured: ~ / II Ciark Ca si=>:uca on of Texan Ltd AuthoNzed R entetlve SCHEDULE Number of Mye' Notke gp Name Of Parson Or Organizntlon BLANKET Address H lhls pdicy is canceled or materially changed to reduce ~ restrkx coverage, we wl8 mpO notice OF cancelletlon or change to the person or organizatbn named in tha Schechde. We wIU give the numbm of day's notice indleeted b the Schedule. CA 02 4406 04 ®ISO Proes~lna, 2003 Page t of 1 l7 POLICY NUMBER: HAP 5915656-02 COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION} This endorsement modiNes Insurance provided under the foAowing: f BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions aF the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes tha policy effective on the inception date d the policy unless another date is indicated below. EndorsemeME(tective: 09/01/07 t ad Bx: t Countersigr j r ~ ~~ y Named Insured: Clark Constructiion of Tx. L D ~ "'- / prized Re esematNe SCHEDULE Nsttre Of Person(s) Or Organization(s): 'ALL PERSONS AND/OR ORGANIZATIONS THAT ARE RE4UIRED BY WRITTEN CONTRACT OR AGREENENT WITH THE INSURED, EBEC[JTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. (if no entry appears above, Information required to wmplete this endorsement w91 be snown m the Veaaraoons as applicable to this endorsemeM.) The Transfer Of Rights Of Recovery Agair~ Others To Us Cortdgion does not apply to the person(s) or organ'uz• don(s) shown in the Schedule. We w81 retain the addrttorrel Premium shown above, regardless of any early terrid- nation of this erxiorsement or the policy. CA 20 89 OB o4 ®ISO Pro e~rti~lnc., 2003 Page t of t O NDRAER6 COMPENSATION AND EMPLOYERS LIABILITY IR9IIRANCE POLICY WC 42 06 O1 (Ed. T-843 TEKA9 NOTICE 08 MAT}BtIAL CHANGE ENDORBEMEN? This endorsement applies only to the insurance provided by the palicy because Taxae is shown is item 3.A. of the Information Page. Ia the event of caacelatLon or othez material change of khe policy, we will mail advance notice to the person or uganizatioa named in khe Schedule. The number of days advance notice is shown is she ::ehedule. This endareemeat shall not opezata directly oz indirectly to benefit anyone not named in the Schedule. Schedule 1. Number af~daya advance notice: 30 2. Notice will be mailr:d to: City of Corlus Christi Oepartmeat cf Engineering Services ACta: Cantx~act Administrator P.O. Hax 927 Corpus ChriE' it TX 7a469-9277 This endorsement changes the golicy to which it ie attached and ie effective on the date issued unless ntheswis:n stated. (The iaformatian below is required only when this endorsement is issued f,ubsequeat to pzegaratiaa: of the policy.l Endorsement Effective Policy No W~39156570 i2 Endorsement No. ~'© ~i±d;'~TQ Insured CT,.CpNS'!,`I{t1G'f'~ON' OF TERAS, L'1A. Premium $ °~+1-~~, , insurance Company Countersigned By: B(~d~" ZURTEB AMERICAN INS. CO. ,~ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS Thie endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone fiable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of fhe operations described in the Schedule where you are required by a written tarrtrect to obtain this wa'nrer ftom us. This endorsement shall not operete diretily Or indirectly to benefit anyone not named in the Schedule The premium for this endorsement is shown in the Schedule. Schedub 7. ( ) Speafic Waiver Name of peroon or organization (x) Blanket Waiver ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE LOSS, THAT WAVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll In connection with work performed for the atxm person(s) or organizatlon(s) arising out of the operetions described. 4. Advance Premium: This endorsement changes the policy to whMdt it is attached and is eNectlve on the date Issued unless otherwise stated. (The tnfomratlon below is required only when thla endorsement is issued subsgt~uant to preparatlon oaths policy.) Endorsxrient E1Tective gg~pt~09 Policy No.WC5915657 ~ Endorsement No. Insured tilaa<'k CoASt=fiu~tloa of Tee. , Lttt Premium t+ / Insurance Company Countersigned by v/ American Guarantee