Loading...
HomeMy WebLinkAboutC2008-299 - 8/12/2008 - Approved2008-299 NI2008-202 08/12/08 Grace Paving & Construction S P E C I A L P R 0 V I S I_ 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 DR. HECTOR P.. GARCIA PARK PARK DEVELOPMENT - PHASE 1 MARTINEZ, GUY AND MAYBIK, INC. 6000 S. STAPLES, SUITE 207 CORPUS CHRISTI, TEXAS 78413 Phone: 361/819-3070 Fax: 361/991-7970 FOR DEPARTMENT OF ENGINEERING SER\~rrcc CITY OF CORPUS CHRISTI, TEX Phone: 361/880-3500 Fax: 361/880-3501 PROJECT N0: 3156 DRAWING NO: CP 165 (Revised 7/5/00) DR. HECTOR P. GARCIA PARK PARR DEVELOPMENT - PHASE 1 PROJECT NO. 3156 Table of Contents NOTICE TO BIDDERS (devised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised ~/5/00) 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-e Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials :-la Fi2sa~^`~`i^~ Not Used. A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 23 ~ - ^-' "~~~^^` Not Used. A-24 Surety Bonds °-'- ~°°^'^'-'~.: Not Used A-26 Supplemental Insurance Requirements g,. ~ 27 ---- ~~-:': f~ ^'^ Not Used. A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents .~ ='- ~-~~ -' - Not Used. A-36 Otherr'Submittals (Revised 9/18/00) 3a n~.........- s,... nt..f °.-_., -i...a ~.... .u.,. n: w... Not Used. A-38 Worker's Compensation Coverage for Building-or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates Not Used. A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold xarmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) .c ..~ ,.c v:,.r.i. ni.l,. 2~a~.x- ~~/~/~~i NOt Used 14 47 ~n......~.... ...i .. c.. ..f a,. -rv ie inns NOt Used. A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Errors and Omissions A-51 Contaminated Soil A-52 Revisions to the Standard Specifications --~--~--~ -,~=-- anp; ~ Not Used. A-54 Stormwater Pollution Prevention Plan Submittal Transmittal Form Attachment I- Project Sign Drawing Attachment II - City of Corpus Christi Generator's Waste Profile Sheet Attachment III - Construction Site Notice PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS FEDERALLY REQUIRED LANGUAGE PART S - STANDARD 3PECIFICATIONS DIVI320N 2 Section 021020 Section 021040 Section 022100 Section 022420 Section 025220 Section 025412 Section 025424 Section 025612 Section 025614 Section 028020 Section 028060 Site Clearing and Stripping (S-5) Site Grading (S-6) _ Select Material (5-15) Silt Fence (5-97) Flexible Base Caliche Prime Coat Hot Mix Asphalt Concrete Pavement (Class A) Concrete Sidewalks and Driveways (5-53) Concrete Curb Ramps Seeding (5-14) Landscape Planting (S-7) DIVISION 3 Section 030020 Portland Cement Concrete (5-40) Section 032020 Reinforcing Steel (5-42) DIVISION 5 Section 055420 Frames, Grates, Rings and Covers LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: DR. HECTOR P. GARCIA PARR, PARK DEVELOPMENT - PHASE 1 consists of the following work components: 1. BASE BID shall include the construction of 6,017 SF of concrete walking trail, 1 concrete curb ramp, 1 concrete playground ramp, site clearing and grading, maintain storm water pollution prevention measures, maintain traffic control, and clean and restore site. 2. DEDUCT ALTERNATE BID "A" shall include reducing the concrete walking trail width from 10 feet to 8 feet. 3. ADDITIVE ALTERNATE BID "B" shall include planting 6 Live Oak and 11 Crape Myrtle trees. All work for the playground area including playground equipment, plastic retainer, composite wood chips, and filter fabric backfill system shall be done by others. All work for delineating handicap parking including wheelchair emblems, striping, pedestrian crossing, handicap sign and post shall be done by others. All work shall be in accordance with the plans, specifications and contract documents to meet the current requirements/standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR). This project is Community Development Block Grant (CDBG) funded. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, June 25, 2008, and then publicly opened and rea~~id received a er c osing time will be returned unopened. A pre-bid meeting is scheduled for Thursda June 12, 2008 at 10:00 a.m. and will be conducted by ie i y, an will inTuc~ a iscussion covering a preview of the work and address technical questions. The location of the meeting will be at the Department - - - , s. z This project is funded through the Community Development Act of 1974 by funds approved in FY2003 & FY2004. Approximately 100 of the total estimated project coat will be funded through this source. 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 F_ift~ and no/100 Dollars ($50.00) as a guarantee of their return in go~- con i ion within- weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non- refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer", "workman", or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive 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 Chapa City Secretary Revised 7/5/00 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 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $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 ^ 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 ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Page 1 of 2 ^ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^ The name of the Project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance 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 insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORR.=3 ` S CC:PE2eSATION COVERAGc FOR BUILDING CK CCNSTRIICTION PROJECTS FOR GOVE?,IdMENT ENTITIES '~exas law requires that -,ost contractors, subcontractors, and others aroviding work or serv'_ces for a City building cr construction prc~ect ^:ust be covered by worker's compensation insurance, authorized self-i:surance, or an approved worker's compensaticn coverage agreer.:ert . F,ven if Texas law does not require a contractor, subcontractor or others performing project services (including deliver3.es to the job site) ~o provide 1 of the 3 forms of worker's compensation coverage, the C_tv will require such coverage for all individuals providing work or ser:•ices on this Project at any time, includinc during the main~enance guaranty period. :Motor carriers which are required to :___- with the Texas Depart-ent of Transportation under Texas Civil reg__-__ Statutes Article 6675c, and •.:hich provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Sect'_on 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 T~x_as Administrative Code Title 28, Section 110.110, a copy of whit:. .s attached and deemed incorporated into the project contract. Please .^.ote that under secticn 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing servl.ces for the Project; 2. 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 3. the Contractor is required to post the required notice at the job site. By siccing this Contract, the Contractor certifies that := will timely ~„m~~~• with these Notice to Ccntractors "B" requirements. NOTICE :O CONTRACTORS - (Revisea 3/13/98) Page 3 of 7 8/7 /y8 Title .S. L~SI.-R..-~~'CE Part II. TE~~S «'ORIiERS' CO'11PENSATION COr1VIISSION Chapter 110. REQtiIRED NOTICES OF COVERAGE Subchapter B. E31PLO~~R NOTICES § 110.110 Reoorrin~ Reauiremenrs for Building or Canstn:ction Projects for Governmental Entities (a) The followine words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otlherwise. Tens not defined in this n:ie shall have the meaning de5ned in the Te:tas Labor Code, if so defined. (1) Certinca:e of coverage (ce.^.uicztaj-~ copy of a cer'.incate ci insurance, a ce:tincate of authority to self-insure issued by the c,^,mmissien, er a workers' cempeasation coverage agreement (TWCC-S 1, TWCC-o"2, TGiJCC-S3, or IZ'JCC-S4), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subjee, to a coverage agreement) providing services on a oroject, for the durarion of the project. (2) Building or construction-rigs tre men.^ing denned in the Texas labor Code, ~ 406.096(e)(I). (3) Contractor-A person bidding for or awarded a building or construction project by a eovernmental entity. (4) Coverage-Workers' compensation ins: ranee meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5) Coveraee agreement-A written agree:neat on form TWCC-S1, form T'WCC-S2, form T WCC-S3, or form TWCC-S4, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parries for purposes of the Texas Workers' Compensation Act, ptusuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employedemployee and establishes who will be responsible for providing workers' compensation coverage for persons proviaing services on the project. (6) Duration of the aroject-Includes the time from the beginning of work on the project until the work on the project has been compiered z^•d accepted by the eovet:tztental entity. ,. (7) Persons croviding se^.1ces on the project (' subcontractor' u. g 406.096 of the Act)-«'~ ut e exception of persons excluded under subsecrions (h) and (i) of this section, includes all persons or entities periormine all or Dart of the services the contractor has undertaken to perform on the projec:, re¢azdless o: whether that per son contraced directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors. subcontractors. leasing companies, motor tamers, owner-operators, employees of any such entity, or employees of any entity furnis'tting persons to perform se.~vices on the project. "Services" includes but is not li.^tited _- :10TIOE i0 CONTRACTORS - '- Revi3eG 1/13/98) $~7~(3S http:i/www scs.state.tx.us/tad23/II/1 i0/B/110.110.htm1 Page 2 oc 7 .. .. .. :o o .. -_. -suune, or eec•: eang ecuio~:.ent er -z:er:a.~s. er or o~imng labor, sa_nspcr:z::cn. or oche: 5e:"~dce r_._.__ :O a Prglec:. '$erV1Ce5' does not i:.cicce acts: ivies gin: eiated to the proiec_ _;:ch zs food,•~e•: erasa vendors, eiyce suopiy deliveries, 2-.d dsiven• et' portable toilets. (8) Pr cie~ -~:eludes the erc:ision of all sewices reiz:ed to a buiding or construction coc:;act for a gove:r ......:?_~ entity. (b) Pre:idina or causing to be provided a certificz:e of coverage pursuant to this rule is a cepresesz:i:; by the insured :hat all employees of e insured w~~.o are prodding services en the projee, are covered by workers' compensation coverzge, that the coverage is based on nrooer reporting of cizssiiication codes and payroll amour.:s, and that aL coverage agreements have been filed with the aocreetiate insurance carrier or, in the case of aself-insured, with the commission's Division of SeL-Insura _.ce Reguiatior Providing false or misleading ce: ti :sates of coverage, or failing to provide or r..aintain required coverage, or failing to report any c:.znge that materially aiie~s the provision of coverage may s,:bject the contractor or other person providing services on the project to administl~we eenalties, criminal penalties, civil peazities, or other civil actions. (c) A Bove^~ coral entity tzt enters into a buildi:.z or cottstruc~on contract on a projee sh all: (1) include ir. the bid specifications, all the provisiors of paragzph ('n of this subseaien, using the language required by paragraph (7) of this subsectioa; (2) as part o: t.`te contract, using the language requced by para~zph (7) of this subsection, require the conuzcor to perform as required in subsection (d) of this section; (3) obtain ~ cm the contractor a certificate of coverzge for each person providing services on the project, prior to that person beginning work on the project; (4) obtain frem the contracor a new certificate of coverage showing extension of coverage: (A) before the end of the c.:r-.ent coverage perioa, ifLhe cont3acot's current certifi~te gfcoverage shows that the coverage pe.^:od cads during the duration of the proiea; and (B) no inter :.~.an seven days as=ter the expiration of the coverage for each other person oroviaing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain ce.^.wcates of coverage on file for the duration of the project and for three years thereafter, (6) provide z copy of the cerificates of coverage to the commission upon request and to any person entitled :e them by law; and (7) use the !z-:_uage contained in the following Fieure i for bid specifications and contracs, without any additions words or changes, except those requued to accommoaate the specific document in which they are contained or to impose stricter standzrds of docur:tentation: "I'28S 110.110(c)(7) tbl NOTICE TO CONTRACTORS - 3 Revised 1/13/981 http://www.sos.stzte.tx.us/tac~~3/II/1108/110.IIO.htntl Page 3 of ~ 8~7~og ~) A contractor shaii: ~; i) provide coverage for iu emnic ees croviaing services on a project, fir t.e duration of the project used on proper reposing of classi=..c2~on codes and pa}TCii amounts and r:: z of any coverage 2ffeements; ~;') provide a certificate of covera_e showing workers' compensation coverage to the goverttmen[al entity prior to beoinai.^.e work on :he project; (3) provide the governmental emir:, p^or to the end of the coverage peered, a new certificate of coverage showing extension of ceverage, if the coverage period shown on ~'^.e contractors current certificate of coverage ends during t::^.e duration of the project; (4) obtain from each person providing services on a prefect, and provide to the govettunental entity: (A) a certificate of coverage, prior to that person beginning work on the proiect, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on ~.e project; and (i3) no later than seven days after r eceipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the govertrmenta! entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have I[nown, of nay change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and staring how a person may verify current coverage and report failure to provide coverage. T1ris notice does not satisfy other posting requiremenu imposed by the Act or other comaission rules. This notice must be printed with a title is at lease 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. i -~s includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." NOTIC'_' :O CONTRACTORS - B ReviseC 1/1]/98) 8n/98 ::ttp://www.sos.state.tx.us/tacJ28/II/1108/110.110.htm1 P,y~ ~ oc ~ 3S T;:C i1~.11U -:c~ide services c : a =:oject to (8) cc-::actnaily regn~~e each pesea ~~1th ti;•rer..:: contracs : . (A) provide coverage based on nroper repotti:.g of classificarion c;,ces ~~d pavroii a,:.ounts and filing of anv coverage agree:nens for ali of is emeie}'ees providi:. se^.ices en the aroie~ , for the duration of the proiea; (B) provide a certificate ei coverage to *.he coacactor prior to that person beanni.^°-'•'.'ork on the proje~ ; (C) include in all conrraes to provide services cr. the projec: t`:e language in subsea •en (e)(3) of this section: (D) provide the contactor, prior to the end of the coverage pe^od, a new carunG=:e of coverage showine extension of coverage, if the coverage period shown on the current cerrifica:e of coverage ends during the duration of the project; (E) obtain from each other person with whom is contracts, and arovide to the cor.:rac:or: (i) a certificate of coverage, prior to the other person beginting work on the project; z^^.d (u) prior to the end of the cover age period, a .,.ew certificate of coverage showing ere:lion of the coverage period, if the coverage period shown on the current certincate of coverage ends during the duration of the project; (~ re.ain all required cerificates of coverage en ale for the duration of the projec a^.d for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, vithia ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person proviaing services on the project; and (fi) conuactually require each other person with whom it contracs, to perform as required by subparagraphs (A)-(Ei) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounu and filing of any coverage agree ueats; (2) provide a certificate of 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 its contract to provide services on the project: " 3y signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person sienirtg this contract who will provide services on the project will be covered by workers' compensation coverage NOTICE TO CONTRACTORS - e Revised 1/!3/981 8/7!98 http:/iw:vw.sos.state.tx.us/tad23/II/1108/Il0.Il0.htm1 Rages =f ~ ~.o L.^.~: t.v.lly for tse c::ration of r:.e oroiect, that the cc ~ erzee will be used on proper reporting of classification code<_ and oavroll a.:.ounts, and that ail coverzge agree^rers will be filed with the aoorooriate insur~~ce ~,zmer or, ::. the case of a self-insured, with the cot:mvssion's Division of Self-Insurance Re¢uiation. Providing false or misleading i:.iormation may subject the contractor to administrative penziaes, c;ininal pe^zlties, civil penalties, or other civil za:ons." (4) provide the person for whom it is providing services on the project, prior to the end of the coverzge period shown on its current certi:,rate of coverage, a new certificate showing extension of coverzge, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain iiom each person providing services on a proje~ under contract to it, and provide as required by its contract: (A) z certificate of coverage, prior to the oti~er person beanning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverzee period, if the coverage period shown on the current certificate of coverage ends dtuing the duration of the project; (6) retain all required certificates of coverzge on file for the duration of the project and for one year therezfter, (7) notify the goverrtmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person l.'tew or should have known of the change; and (8) contractually require each other person with whom it contracs to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include is all contracts to provide services oa the project the language in paramraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on rite current certificate of coverage ends durin¢ the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by iu contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (u) prior to the end of the coverage period, a new certificate of coverage showing extension of the cover age period, if the coverage period shown on the current certificate of coverage eras during the NOSICE SO CONT1tACIORS - 6 8/7/98 http://www.sos.state.t:c.us/tad28/IU110B/110.IIO.htm1 aa„iE~a Iilaieer Pa4e 6 of 7 _~ 1H1. l:v.t iv duration ci :ae contract: (F) retain ail required ceri ~=:es of coverage en pie for the durarion c: t:.e project and for one year thereaner; (G) portly the governme :tai e::tiry in writing by certified mail or personal delivery, within ten days after the person knew or should 'nave known, of any change that mate^aiiy affects the provision of coverage of any person proviaine services on the project; and (li) contncually require e`ch cer son with whom it contracts, to perierm as required by this subparagraph and subparagraphs (A){G) of this paragraph, with the cer tiiicate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or cirarnrstance is held invalid, the invalidity does not affect other nrovisioas or applicadoru of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts adve ~'sed 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 required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carters who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4~). ('i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requiremenu of the Act, § 406.097(c), and who are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bt71 1089, 74th Legislature, 1995, § 1.20). This subsecion applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage is an insurance policy or cerrificate of authority to self-itrsure that is delivered, issued for delivery, or renewed on or af3er January 1, 1996. Source: The provisions of this § 110.110 adapted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective Alovember 6, 1995, 20 TexReg 8609. Return to Section Index NOTSCE TO CONTRACTORS - B Revised 1/13/981 g/7/98 http:!/vnvw.sos.stare.tx.usitad23/IUIIOB/110.]IO.html save ~ ~_ ~ PART A SPECIAL PROVISIONS DR. HECTOR P. GARCIA PARK PARR DEVELOPMENT - PHASE 1 PROJECT NO. 3156 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Hid Neetin Sealed proposals will be received in conformity with the official advertisement inviting bids far 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 Wednesday June 25, 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 PROPOSP_I, - DR. RRCTOR P. GARCIA PARK PARR DEVELOPMENT - PHASE 1 PROJECT NO. 3156 A pre-bid meeting will be held on Thursday June 12, 2008, beginning at 10:00 a.m. The meeting will convene at the Engineering .Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section S-1 of the General Provisions will govern. A-3 Deacriotioa of Project The Project consists of the following work components: 1. RASE HID shall include the construction of 6,017 SF of concrete walking tra11, 1 concrete curb ramp, 1 concrete playground ramp, site clearing and grading, maintain storm water pollution prevention measures, maintain traffic control, and clean and restore site. 2. DEDUCT ALTERNATE HID "A" shall include reducing the concrete walking trail width from 10 feet to 8 feet. 3. ADDITIVE ALTERNATE BID ^H" shall include pleating 6 Live Oak and 11 Crape Myrtle trees. All work for the playground area including playground equipment, plastic retainer, composite wood chips, and filter fabric backfill system shall be done by others. All work for delineating handicap parking including wheelchair emblems, striping, pedestrian crossing, handicap sign and posts shall be done by others. All work shall be in accordance with the plans, specifications and contract documents to meet the current requirements/standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR). This project is Community Development Block Grant (CDBG) funded. Section A - SP (Revised 12/15/04) Page 1 of 25 A-4 Method of Award The bids will be evaluated based on the following order of priority subject to availability of funds: 1. Total Base Bid 2. Total Sase Bid plus Alternate Sid "8" 3. Total Sase Bid plus Alternate Sid "A" 4. Total Sase Sid plus Alternate Bid "A" plus Alternate Bid "B" 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 required to be submitted with the proposal: 1. 5~ Bid Hond (Must reference Dr. Bector P. Garcia Park, Park Develonmeat - Phase 1 Project No. 3156 as identified in the Proposal) (A Cashier's Cheek, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 120 calendar days for Sase Bid, and 7 additional calendar days for Alternate Hid. 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 pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers 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. R-10 Wage Rates (Revised 7/5/00) w ' ..c ..,,-. ri:,.. Labor preference and wage rates for heavy construction. T --~~ Minimum Prevailing wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1'b) 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 (Revised 7/5/00) 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 Section A - SP (Revised 12/15/04) Page 3 of 25 Verizon Dig Alert at 1-800-483-6279.- following telephone numbers are listed. City Engineer Project Engineer Consultant: Ricardo Martinez, PE MARTINEZ, Guy & MAYBIK, INC. 6000 S. Staples, Suite 207 Corpus Christi, Texas 78413 Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC /A T & T 881-2511 Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-12 Maintenance of Services For the Contractor's convenience, the 826-3500 826-3500 814-3070 991-7970 (fax) 826-3540 882-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours) 885-6900 (885-6900 after hours) 826-1881 (826-3140 after hours) 826-3461 826-1970 299-4833 (361/693-9444 after hours) (1-800-824-4424, after hours) 857-1946 857-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624 225/214-1169 (225/229-3202 (M) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972/753-4355 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 remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Acceea and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary to other bid items. A-14 Construction Equipment Spillage and Trackiag The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation aad Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items identified in the proposal form for removal. -StseeE E3eeavatien - `L---`-~- A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT IISED) ~L ..L ...i 4L _imli l.- ~L ~ leas 3e d--~ a E2) eha#~s m,._ .,._ ...,~„ FL.. F_..,a Section A - SP (Revised 12/15/04) Page 5 of 25 ~~ .. L.. .... a F.... h.. nh ~'1 ... F....~ ,-l.e F:ea'1a-..FF~.... ~r~ ~ r f ... ___ ____ _____ ____ _ _ A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work flan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The working time for completion of the Project will be 120 calendar days for Base Bid, and 7 additional calendar days for Alternate Bid. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) '~ licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: - l .+.] n l L vias~::aizr / ..l .. ..4 ..L..l .. r l _ . J .l...l .. ...] Fl..... l i VTnm .....i 9 ..\ iiacc~ J . F .,. .. l F l ..... A-20 Teatiag and Certification All testa 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 Signs The Contractor must furnish and install 1 Project sign per location as indicated on the following drawings: Attachment I of Section A - Special Provisions. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Busiaess Eaterprise Participation Policy (Revised io/9s) 1. Polic It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. in accordance with such Sectioa A - SP (Revised 12/15/04) Page 7 0£ 25 policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint- venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person (. s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0$ of the assets or interest in the partnership property must be owned by one or more 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 Husiness Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persona, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0& of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.0 of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3 4 Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 $ 15 $ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 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. Section A - SP (Revised 12/15/04) Page 9 0£ 25 A-23 Inspection Required (NOT IISSD) (Revised 7/5/00) 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 (lOg) 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 reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Sxemptioa (NOT II38D) ...i l -.a... _.. _..-" -- 4L......._C ------ -- - - ~G cn le a 1 *• ___ _ ± ...,ter _-. .. n.-of-sii. ~__ f=___. ~.. . F_ -_ .i...G'.n..Q_L.. - _ _ _ r - _ vvL.. ~.....~ ~ ' .,., . .., ,. .., - - - L„ F sir-wive Ee tl~- e L vi... of ., f-°... c _ , .. ...i 1 `~ ~ gee in the~~egeaa~ €e~m t;he east: - -'" "'""''"'''~ 4 _a.._ ~.-°a w_ atue~-g~ry €e~ all bales Eaee4ee -~ "-° ^"°°^ rr a'~ee~~aer=ewe ass el#gi~~e --'-" "'^"~ teas a et~'~#ea>:e i;e €he a aet:et~ and t;he '---°>=~ae`- A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance. coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Section A - SP (Revised 12/15/04) Page 11 of 25 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims (NOT IISED) -.L /..\ ..l ..LJIl ..F 0....f :...._--L-l~ ..F ,.L ...a_a ~ ..l ..a... • a.. ..i la.+/~ vi ..L _..-._T....4e11~~ Y .. /............1 ii- Y ,c ~L.. ..a ..l..a: _ .. _ ^ F .... ~-~,.. a-i... i.L ,. n: 4.. ~ _ i l a.. ..L _.. _ c' P t ' °I ~~ ~ E3 r _~ ~ _ ~+ v+~_ _ I3a ie}ee BE Wei E 2 aeeeP s ~e ' F........ /~....4.~..,,1-,\v + 7111 Fti ) t ~ -~l p y e e e an FeFeve~age m~xs ••L i l d..+I. .L . T-...4 ..1 l e43 .n •, Ge~iJEeelx~e TL.. L.. ,.a .aa:~: # l d€ i d d t#~~ ,,,,~1 _..a ~le tx ng an s e ae e A-28 Considerations for Contract Award sad Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. 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 field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (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 requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said Section A - SP (Revised 12/15/04) Page 13 of 25 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 B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter £orm, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 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 Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications. for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special 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 Requirements (NOT II58D) PPie~ termer€armi-A F t k i ~ t g---war#-a~a~:}---E}ty---wa-Ee~--€aeil}t}~-~ t- € ~ ;2 ea -rae r s s e e~, e~t rae sr e: ----- ----- -- ------ -.-r --, --- ... _-.. a~tm C it ne ent Pe~eerinel A Visite~ <GentPaete~ S -€ € 7 ~ P ~~~ P~ ram 9 i t ~4 . ~ a rvi11 k3e e ~ ~ etr a ert eg n..........~.. ,.~ _____-- -, -----____-- _--, .._ a...- ter,....,. .. .,t.., a.. ..,.~ i....... ,.~.. -__ ..a c-__... -___ r_____-___ ...i ..M.. .i....3 ,... ~.. . ___ ______ ~_______ -. ___ __ ____ ___-_ _____ - __ -F...-... .-L ,: F1.: ., n: F.. G....: l 1 --, - .i.i : ,- :....- l ... C........ .. ,. .. F..... -L-...t ~ Section A - SP (Revised 12/15/04) Page 15 of 25 ~}} ma~e~-iu}s d t'eas i t ; r i~' d i sem~} aa e~x gmen : ~ac ~ ega , ~~ 3, K k k' ^^pa}}a€~en, and `ns~eeE4en a€-grtmgs- G ~--as~ e€ke~ i€ems~•Lien-eect}~ ..~,.ri~~.~ae€-::'~Pa€a~}e waf:e e -` l i B7 €# d d -/"' } S€ ~-::n.'s€ -`~-^'1 ane~ ean a an a~ s ena c_...:4 ..a-4: ,..., il, wlnT /w.nn~ .,.a a........: L..a 41aG .. a.....A C......: F:.. wll ..L ..a L.. 4L.. - - Y.: r.lw o o ? • sebeen~raet~r-s, ,..~~be eert€ai~xe € Sl wi~t ~~^s~x-:rte}} i=fb - }6 ~-.x,-a}} f:imes--ate€ •••L„ n -aat-~e-a}}awed g ae p v e. e ~ ~ ......... .. .... ..4 L-.l l L-e... ...1. ..1 .~. . . re......... 4..... .ll 4:.nee, rA ,ll .. L. r r ~. ~ ~ .____ _____ ___.__ _ ____ ___.._ F E t T } ~ ' "'~,'"""a ...: F....... e.--.l_l .. _..f~h er en ;~ae :e~ s-pe~senne Flll#8 ~rhiT:e f h t } _•.. -_L ___,,..... :F.•.r.n-..u._L '- : an e~an~e, 3 xe, er r 7-99 h 84 }}} ~ ,,,..'_~^ 3 f=e 5 99 ~ P4 .._a-.. 4L.... ,,..: a-.. 3BH£9 w e ~ ` M Z -, -" FI1F29•; T ~at;ed a}€en aE'~Eed a1= des# be-- s ~ $ i-oe &F ci• )-:i d 3 • d L g p 'l, _ ...ti.: ..l fiRen$ 91:a€€ .... cr ~ ;} e e9 .~Aa =e - rT d~'i~n ~ } i b i . - __, _. an• -eem name .-- e --a~e ea~ ~ a e = ~: , P . e~ Tea€menf: B}ant: n tri f s€ „ ~.~~~--~~ol.~--~ ~- - eve s a a t b # } )-~sel3ie}es --L'^^ '^^••^ ^ n eemgan mas ; e pe~senne m at: neE P -`° } t ~ }eave :e~ emg eyeee o ae ^a..... 4L..-....L ~.... :, a:...... Atha,.-e1. -, e..... .....a ,. ..,. a:.n..-4..a L.. T ~.~n ..l a.... n C }}€} t # Y E f € nTTT /L.T\DL~OI)TQA-_,Ln1]TT~~(~~~, ~. ~~, .~~ ea : ens en :~ae e~r Qna ~~ ---dP a9 4L.. a L n]: G: ..}_i _ 1 4L..... M..l .. TH ~~ . C + t: } #mit:ed f=e medi €}eaE#en s ..aa: ` ..Pr ne , grsgaamm}^=.~g-erss~erei~z-i~rg, de~gitxg, ea~i§rat}ng-~'~-~-~ S-L...... F:..., r } Fie - ., __,. _a ,-h.. ..-^ _L~ ^., a,. ;,-,. ..g -, ___F-- ..-___ ~ h.... ...e.......,. ...a -__- ..- a ,....i. ...a....~. ___..____ ________ ...L...n e. ~.F_ v .:.i,t... - 1 .~.-..e..-_-L,- ..~..u ..v ...... t Y f1...... L- L.. - , ~ ..,.• ...i •L.^ h. ^ ...i i L~f _irf~ J. ' L---:- F^~ , - .c P i - _ >,,,. .., >,.. ^ *-^- ; ssg a+e 63+stems- .... .. ..........: e.v.^ y~ :..-... ~ ~~~.. .,.. ..-... ...... .. - .., .. r -y.. ~ -. .-l c rw e^f ...ham.-}.u z ^ F : 'L1V J. __ ash f~,}erxe~x ..FF......... . 6 H i t i r __-_ _ ag tne ..i F.... ~ ~ __ ___ __ -sgeet€}e ee Lh.~ 1....nf«~ex~ €u}} . est .. ~. v mgxte~s, Ft' ~..FF...i -.. ...~. o. z ~ . £HS~-e- ., anQ ....^a . e ma ~r a ~ s i € }}rt p + ~L § , = i ~ }} € the ser~ ee ae i t i } -~. i a-- ~ ee e asd }ih t --- - ~e ~am t -- ---- he c ef -- --- s, rega ,..a ^f a ..: F; ...i L.......;- -L-„ c. Fi a n, ea . ..h ra e, ,h;..h ~ Q r: d: --~~ l ~~ ~ . e . €~• t F t - i- - t4 } L. . extent : •L ..... -~e~Lr ..... =s max~ ar-e~- e Si } t= ie-. - •,a _„ ;;: ,,,a,~r grae ea ,.F .~ z. z ~ _. ~ s ~,~ ^_ he , prae ea se 1 ~TN ~ ~ ° - i}} 1 a v atis i = rrFt}ekt 6es t~aeteP ~ - - -~ ~~r7 ..h.. -..r ... ~ as2 - .....-.......... g ~t e a u ,-h.. .-L F. ...... ... n.... ..- ~-~~ - ~ .. a~ = t s 9 ~6 t t -_~_-...- eha}} ____ ___.. ..__._ __ re~tree a}} _ ____ ___~ €}}}ed ext ___. ~e ~aarm ~s . es rae e h'eeies rega}re t i a d to s a~tk ~ pew the .....em.. ~ },. ~,,^ ^ g 1,.-;.,^ . g .: .. o--a regrt re , SC m = E a e Att # s exam d i }e e€ tkt e~ ~ , ~-s¢a e,..- ae t e e~ g i r =- -a- ~t € the h }} re aired sheets T'he o~av - ~ e~ ew a e p . A-36 Other Submit 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Section A - SP (Revised 12/15/04) Page 17 of 25 b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an- alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise the related ectuipment will not be approved for use on the project. A-37 Ameaded "Arrangement and Charge for Water Furnished by the City" (NOT IISSD) ~g Pro The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Fiaal Acceptaace The issuance of a certificate of occupancy for improvements does not con- stitute final acceptance of the improvements under General Provision B-8-9. A-40 Ameadmeat to Sectioa B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 8-5-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozoae Advisory (NOT OSSD) ~ - ...] F.... ___ e l ,1 .. TF l ..Ai ..n - __._ _ _ __- A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any Section A - SP (Revised 12/15/04) Page 19 of 25 subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, ,arid agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) (NOT II3SD) €e~ ib4 the a: ---__, ..F ..,.,.e,- . __a F.._ ~. Ees~saeber~~ e all be ~esgens ..:. ... .......... i~t a water, ~,.,, a~e~ ~t} b s '"`--- -..,,•=a -`-.. _ _,...,..._ w ~s~ ' ' ve }~-sexs xahenbrb s T' - ~`:,:`" } ag n2ies-sQe)x as - e EiFFEE, SP74 e .. F .. , , ----- --- - ° g ..r L....i .. ..F _d' -l...l, M.. N - - ..l .F 1.:..1.1. '" elxle~t~a~ed-wete~ C ~:- .., ..F nf~~., - r A-47 Pre-Construction 8xploratory Excavations (7/5/00) (NOT VSED) ..F 41ne r ~ < ..a ..lJ ..c 41.. _a ..1.+11~-..-- 41.. ~ L-...1 .. ..l l J ..F i.M ..a -4.a.n4i~.l 1r. _Fl2 ......1 i •..~. ..1: ~..- ..L .. ..L -11-1 ....] .i 4hin F....4 /, n,\ ..F P~egesed-P}Pel~nes e€ t:he~~e~eet:, - 'll "a "'`' ..i 4i....- ..i .....ll...... ..4 .. .--..i ........ ..F 'fnn F....h /l !~_ n~a n....4...-..4.... ..L ..ll ...........e _J c -c _ - ..l ..l l.. -F a nllel -lam.' - F ....4 -l L.. •. _a .. L....'.4 :4 4n fL.~. F..... -l rY-r- 4L .. ..F .. l i ...] ..a ...a ... l l 4L.. PP - -tal:ienY 1=ltesee€, d#s€-nee to €he~a>~eme- --,: „a 1....-4 ..F 4M.. 4.... ..F el in 4t ~~ _L 4L.a ~r~{eat _i~aL~LI -11 r - - -_ 4 L L -.-a- !_ LL -2 .• .. •.4t-.e 4.._ J•L •lL- 4L-.•....i - t ~- 4- LL ~ J-. .• .l •.~4t1 /~ L.. 4 -.....eJ~e-- 0.~].... -.•• .- • 1 C r i n.._l ....... 4 ....... ...... -....4 :..-... ..L .. l l L.. ..... i a F..r ~.~ _ ~ 1 ....... ....... L........ T_. • ............._4 - ---- ~xt:il=ea}eeY a€~avement~zl;eh#ng E r__,.4,. ..L .., , _ .: a,. - - . ............. .......L ..F F....4 /_.. ............. 4.. -.-...1 F.... ......1 .....-4....... ............4J ...... A-46 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans., while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Errors and Omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. if errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions Section A - SP (Revised 12/15/04) Page 21 oP 25 causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in coat as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A-51 Contaminated Soil If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse to this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On-Site Stockpiles: Excess material from excavation, whether non- contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non-Contaminated Soil: The balance of any non- contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to the J.C. Elliott Landfill following the City guidelines on special waste handling. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. .~~`'{~A-52 Revisions to the Standard Specifications ,i \ The following standard specifications have been modified to fit the circumstances of this project. Section 021040 Site Grading Any over excavations shall require backfilling and compaction using select fill material. Section 022420 Silt Fence ' All labor, material, and equipment required for placing silt fencing shall not be measured for pay but will be considered subsidiary to the work item "Storm Water Pollution Prevention Control Measures". - Section 025220 Flexible Base Caliche ~l! In lieu of lime stabilized caliche for flexible base, crushed limestone material may be used as per TxDOT Specification Item 247, "Flexible Base". Section 025412 Prime Coat With regards to pavement repairs, all labor material and equipment required for placing prime coat shall not be measured for pay for this particular item, but will be considered subsidiary to the work item "Repair Existing Asphalt Pavement". For new pavement construction, prime coat shall be measured for pay in according to the specification item for prime coat. Section 025424 Hot Mix Asphalt Concrete Pavement (Class A) All labor, material, and equipment required for placing hot mix asphalt concrete shall be measured for pay by the square yard. HCMA shall be Type ..D„ Section 025614 Concrete Curb Ramps ,; Surface texture finish shall be as shown on the drawings. Truncated dome pavers shall be used. Section 032020 Reinforcing Steel For the concrete walkways, in lieu of bar reinforcing, Contractor may use welded wire fabric of the size and spacing shown being of equal or higher yield strength. Welded wire fabric shall conform with ASTM A82 and A185 and shall consist of flat sheets. Section 055420 Frames Grates, Rings and Covers '~ Grate inlets rings and covers shall be the following or approved equal: 24"x24" Grate - Deeter Foundry, Inc., Catch Basin Inlet Grate & Frame, Model 2216 Heavy Duty. 30"x30" Grate - Deeter Foundry, Inc., Catch Basin Inlet Grate & Frame, Model 2300 Heavy Duty. section A - SP (Revised 12/15/04) Page 23 0£ 25 Frames, grates, rings and covers shall be not be paid separately, but shall be considered subsidiary to the work item corresponding to the size of grate inlet structure called for in the bid proposal. A-53 Geotechaical Investigation Report (Not Ueed) A-54 Stormwater Pollution Prevention Plan This Project falls under the category of Small Construction Activities" and will, therefore, not be required to have a Notice of Intent submitted as per Part II.D.2 of the TPDES General Permit TXR150000. Contractor will be required to complete a Construction Site Notice and provide original copies to the City at least two days prior to commencement of any construction activities. Contractor shall post a signed copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities, prior to commencing construction activities, and maintain the Notice in that location until completion of the construction activity. Contractor shall adhere to the requirements of the Storm Water Pollution Prevent Plans as per the drawings and specifications contained in the Construction Documents. SUBMITTAL TRANSMITTAL FORM PROJECT: DR. HECTOR P. GARCIA PARR PARR DEVELOPMENT - PHASE 1 PROJECT No. 3156 OWNER: CITY OF CORPUSCHRISTI ENGINEER: MARTINBZ, GUY & MAYBIR, INC. CONTRACTOR: SUBMITTAL DATE: APPLICASLS SPECK. OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 12/15/04) Page 25 of 25 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of AUGUST, 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 Grace Pavinq and Construction, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $59,649.07 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: DR.HECTOR P. GARCIA PARK PARK DEVELOPMENT PHASE 1 PROJECT NO. 3156 (TOTAL BASE SID + ALT.BID "B": $59,649.07) 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 DR. HECTOR P. f3ARCIA PARR PARK DEVELOPMENT - PHASB 1 PROJECT NO. 3156 BASE SID ~i BID ITBdS QTY & SRriIT D83CRIPTION DNIT PRICE IN FI6DR88 HID ITBM HXTBNSION (QTY E IIlQIT PRICH IN FIOIJRHS) Al 1 LS Mobilization/Demobilization, complete in place per LS .1230.00 $ 1230.00 ~) ~ ~I 1.5 AC Site Clearing and stripping, complete in place per Ac 5125.00 $ 7687.50 A3 7,264 SY Site grading, complete in place per SY ,S2 $ 5956.48 A4 10 LF Sawcut/remove existing header curb, complete in place per LF 35.875 $ 358.75 ~I AS 6,017 SF 4.5-inch. thick reinforced concrete walking trail, complete in place per SF 4.61 27738.3 7 $ A6 loo SF concrete curb ramp, complete in place per SF 10,25 $ 1025.00 A7 32 SF Concrete playground ramp, complete in place per SF 23.06 $ 737.92 PROPOSPS, FORM Page 3 Of 9 1 R DR. HECTOR P. C3ARCIA PARK 1 PARR DEVELOPMENT - PHASE 1 PROJECT NO. 3156. BASE HID_ I u III rv v HID IT&S QTY & DNIT DESCRIPTION UNZT PRICE IN FIGURES BID ITEM EXTENSION (QTY X IINZT PRICE IN FIGURE3) AS 1 LS Refurbish-post and cable percLSg~ complete in place 1025.00 $ 1025.00 A9 7,264 SY Hydromulch seeding to restore site, complete in 93.00 6755.52 $ place per SY Alo 1 LS Storm water pollution control measures, complete 2779.64 2779.b4 $ in place per LS All 1 EA 4" Pipe bollard with PVC Cap and foundation, complete in 370.14 370.14 $ ~ place per EA SIIBTOTAL BASE BID - Dr. Hector P. Garcia Park 55,664.32 Park Developmeat - Phaae 1: $ (Includes Baas Hid Items Al through A71) PROPOSAL FORM Page 4 of 9 DR. HECTOR P. GARCIA PARR PARK DSVELOPNSNT - PHA3E 1 PROJECT NO. 3156 DEDUCT ALTERNATE BID "A" _ I II III IV V HID QTY & IINIT PRICE BID ITEl6 ION CTEI[ DNIT DESCRIPTION _ IN PIGUR88 OTY IC iTDTIT CE IN FIGDRES) B1 1203 SF Reduce Walking Trail width from 10' to 8' (Quantity shown represents the o of walking Tr it Are 1.45 1744.35 $ reduce spmgltem e Base B U ~ p T DBDIICT ALTERNATE BID "A^ - Dr. Bector P. Garcia Park 1744.35 Park Developm®at - Phase 1: $ (Iacludes Deduct Alternate Hid Item B1) ADDITIVE ALTERNATE BID ^B" ^ I II III Iv HID ITffi4 QTY & DNIT - DESCRIPTION DNIT PRICE IN PIGDR88 HID ITHM EXTEDiSION (QTY X DMIT PRICB IN FIGIIRES) C1 6 EA Trees - Live Oak, complete in er EA lace 316.25 1897.50 $ p p C2 11 EA Trees -Crepe Myrtle, complete 189.75 $ 2$7:25 in place per EA TOTAL ADDITIVE ALTERNATE BID "B" - Dr. Bector P. Garcia 3984.75 Park Developmeat - Phase 1: $ (Iacludes Additive Alternate Hid Items C1 through C2) V PROPOSAL FORM Page 5 of 9 DR. HECTOR P. GARCIA PARR PARK DEVELOPMENT - PHASE 1 PROJECT NO. 3156 3TJbIMARY OF BID TOTALS: TOTAL BASE BID - DR. HECTOR P. GARCIA PARK PARR DEVELOPMENT - PHASE 1: $ (Includes Base Bid Items Al through A13) TOTAL DEDUCT Item Bl) 55,664.32 3,984.75 TOTAL ADDITIVE ALTERNATE BID "B" $ (Includes Additive Alternate Items C1 through C2) TOTAL BASE BID plus ALTERNATE BID "B" $ 59,649.07 TOTAL BASE BID plus ALTERNATE plus ALTERNATE BID "A" plus ALTERNATE BID "B" $ 57,904.72 PROPOSAL FORM Page 6 of 9 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 127 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 4 parts at Corpus Christi, Texas on the date shown above. ATTES i J _ City ecretary APPROVED AS TO EGAL By: /" 'n\~11I~' Fes: Asst. City Attorney! CITY OF CORPUS CHRISTI By: ~cZdli~. G Ange Escobar, Interim Asst. Cit Mgr. of Public Works and Utilities By: C/ ~ 1~~~ D Kevin Stowe s, Interim Director of Engineering Services ATTEST: (If Corporation) ~~~~ ~~~ ~ (Seal Below) SecrzeT~ay (Note: If Person signing for corporation is not President, attach. copy of authorization to sign) CONTRACTOR Graae Paving and Construction, Inc. By: ~~~~ h ~ l Title: ~2es~D~nT ____ 4237 BALDWIN BLVD. (Address) CORPUS CHRISTI, TR 78405 (City) (State)(ZIP) 361/883-3232 * 361/883-1296 (Phone) (Fax) 91' COUNCIL.... A reement 4 Page 2 of 2 SECGETAR~ ~~~ ~~ ~~ n <~ r i (" P R O P O S A L F O R M - F O R r DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHASE 1 PROJECT NO. 3156 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS - PROPOSAL FORM PAGEtof9 P R O P O S A L Place: Date: June 25, 2008 Proposal of Grace Paving and Construction, Inc. , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHASE 1 PROJECT NO. 3156 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: PROPOSAL FORM PAGE 2 of 9 DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHASE 1 PROJECT NO. 3156 BASE 8ID i BID PPI ITS + QTY & SIT DESCRIPTION UNIT PRICB IN FIGURES 8ID ITEM EXTENSION (QTY X oNIT PRICE IN FIGURES) I I Al ~I i 1 LS Mobilization/Demobilization, complete in place per Ls -1230.00 $ 1230.00 r ~I A2 ' 1.5 AC Site Clearing and stripping, complete in place per AC -5125.00 $ 7687.50 A3 7,264 SY Site grading, complete in place per SY •82 $ 5956.48 I ' A9 it 10 LF Sawcut/remove existing header curb, complete in place per LF 35.875 358.75 $ AS 6,017 SF 4.5-inch. thick reinforced concrete walking trail, complete in place per SF 4.61 27738.37 $ A6 100 SF Concrete curb ramp, complete in place per sF 10.25 $ 1025.00 A7 32 SF Concrete playground ramp, complete in place per SF 23.06 $ 737.92 PROPOSP_I, FORM Page 3 Of 9 DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHA88 1 PROJECT NO. 3156 RASE BID ^ ^ r ^ I u III xv v 8ID -ITHN QTY & DNIT D83CRIPTION IINIT PRICB IN FIGURSS SID ITS BXTSNSION (QTY % DNIT PRICB IN FIGIIRES) A8 1 LS Refurbish post and cable fencing, complete in place per LS ~ 1025.00 1025.00 $ A9 7,264 sY Hydromulch seeding to restore site, complete in 93.00 6755.52 $ place per SY ~~ 1 Ls storm water pollution control measures, complete 2779.64 2779.64 $ in place per LS All 1 EA 4" Pipe bollard with PVC cap and foundation, complete in 370.14 370.14 $ place per EA 3IIBTOTAL BASE BID - Dr. Hector P. Garcia Park Park Develogmeat - Phase 1: (Includes Base Sid Items Al through All) $ 55,664.32 PROPOSAL FORM Page 4 of 9 DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHA3E 1 PROJECT NO. 3156 DEDUCT ALTERNATE SID "A" I IZ III IV V BID QTY & UITIT YRICB BID ITBN SION IT8lS UNIT DBSCRIPTION IN F IGVR88 (QTY X S7fiI _ICE IN FIGORBS) B1 1203 SF Reduce Walking Trail width A // from 10' to 8' (Quantity ~(~ shown represents he am of walking TrArea 1 45 1744.35 reduced Q~I em AS he . $ Base Bi VV d DEDUCT ALTERNATE BID "A^ - Dr. Bector P. Garcia Park Park Development - Phase 1: (Includes Deduct Alternate Bid item B1) ( ADDITIVE ALTERNATE BID "B" $ 1744.35 I II III IV V .. BID ITBN QTY & UNIT - DBSCRIPTION S1NIT PRICB IN FIGIIR83 BID ITSN 8XTffiISION (QTY X S7NIT PRICH IN FIGURBS) C1 6 EA Trees - Live Oak, complete in place per EA 316.25 1897.50 $ c2 11 EA Trees -Crepe Myrtle, complete in place per EA 189,75 2087.25 $ it ~. TOTAL ADDITIVE ALTERNATE BID "B" - Dr. Bector P. Garcia Park Development - Phase 1: $ 3984.75 (Includes Additive Alternate Bid Items C1 through C2) PROPOSAL FORM Page 5 of 9 I DR. HECTOR P. GARCIA PARR PARR DEVELOPMENT - PHASE 1 PROJECT NO. 3156 3II1~SARY OF BID TOTALS: TOTAL BASE BID - DR. HECTOR P. GARCIA PARK PARK DEVELOPMENT - PHA38 1: (includes Base Bid Items Al through A13) TOTAL DEDIICT B B1) 55,664.32 3,984.75 TOTAL ADDITIVE ALTERNATE BID "B" $ (Includes Additive Alternate Items C1 through C2) TOTAL SASE HID plus ALTERNATE BID "B•' $ 59,649.07 TOTAL BASE BID plus ALTERNATE plus ALTERNATE BID "A" plus ALTERNATE SID "8" $ 57,904.72 PROPOSAL FORM Page 6 of 9 The undersigned hereby declares that he has visited the site and. has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this - contract 'and a Payment Bond (as required) to insure payment for all ~~ labor and materials. The bid bond attached to this proposal, in the amount of 5°a of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number .o£ Signed Sets of .Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. i Time of Completion: The undersigned agrees to complete the [` work within 120 calendar days for the Base Bid, and 7 additional ~yl calendar days for Alternate Bid, from the date designated by a Work Order. The undersigned further declares that he will provide all ~ necessary tools and apparatus, do all the work and furnish all i materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. I Receipt of the following addenda is acknowledged (addenda number): 1 dated June 13, 2008 ~~ Respectfully submitted: ffI Name: Eddie M. Ortiz ~ _ f~ / ~ (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address: 4237 Baldwin, Blvd. l P.O. Box Corpus Christi,(Tezast~8405 ~~ (City) (State) (Zip) Telephone: 361/883-3232 ~..~ NoTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised P.ugust 2000) CITY OF CORPUS CHRISTI PROPOSAL FORM PAGE 7 of 9 ~- P E R F O R M A N C E B O N BOND NO. PRF08910482 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Grace Paving and Construction, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT CO OF MARYLAND a corporation organized under the laws of the State of Mz,RYI,ANn 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 FIFTY-NINE THOUSAND, SIX HUNDRED FORTY-NINE AND 07/100($59,649.07) 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 12TH of AUGUST 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: DR.HECTOR P. GARCIA PARR PARK DEVELOPMENT PHASE 1 PROJECT NO. 3156 (TOTAL BASE BID + ALT.BID "B": $59,649.07) 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 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 9 copies, each one of which shall be deemed an original, this the zBTx day of ~ ~lf~lClf , 209&_• PRINCIPAL GRACE PAVING ON: sy: G ~~ ~aa(F ~n, ~Qr.L ~ c,~~S,D~,.-~ (Print Name & Title) ATTEST ~P Lan ~ e KI. C27r2 - rint Name 6 Title) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND By.~~ ,L. ~ ~r Attorney -fact MARY ELLEN MOORE (Print Name) Thee: Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Ag@IICy: SWANTNER & GORIJON INSURANCE AGENCY COIItaCt P@r30II: MARY ELLEN MOORE AdCIr633: P.O. BOX 870 CORPOS CHRISTI TEXAS 78403 Phone Number: 361-883-1711 (NODE: Date of Performance Bond must not be prior to date of cootract)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. PRF08910482 KNOW ALL BY THESE PRESENTS: THAT Grace Paving and Construction, Inc. of NUECES County, Texas, hereinafter called "Principal", and F'TD TmY ~ n o z o n MARYLAND a corporation organized under the laws of the State of MARYLAND 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 FIFTY-NINE THOUSAND, SIX HUNDRED FORTY-NINE AND 07/100($59,649.07) 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 12TH day AUGUST, 2008, a copy of which is hereto attached and made a part hereof, for the construction of: DR.HECTOR P. GARCIA PARK PARK DEVELOPMENT PHASE 1 PROJECT NO. 3156 (TOTAL BASE SID + ALT.BID "B": $59,649.07) 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 Bond Page 1 0£ 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 WAEREOF,-this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 28Tx ddy Of AUGUST , 2~ 08 PRINCIPAL GRACE PAVING C NS By: G4 SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND Attorney n-fact MARY ELI1, MOORE (Print Name) The Resident Agent of the Surety in Nuecea County, Texas, for delivery of notice and service of process is: Ag@IICy: SWANTNER & GORDON I NSURANCE AGENCY COII t8Ct Per30n: MARY ELLEN MOORR Addre33: P.O. BOX 870 C'f1R Pi1R CARTFTT TEXAS 7R4f14 Phoae Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/06) Payment Bond Page 2 of 2 ~~~ r t ul. D2'T z _ ~('c~ES 1~~~~. 7 (Print Name & Title) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID TERE GATE (MMIDDM'YY) GRAPACI 08 28 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner 6 Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone:361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC# "'°°~`° INSURERA Association Casualty Ins Co ~'~D~`-/' INSURER B: Grace Paving b Construction, ,`I/ INSURER C: Ino• 4237 Baldwin B1Vd. INSURER D: Corpus Christi TX 78405-3324 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMRS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. -TR NBR TYPE OF INSURA E POLICY NUMBER DATE MMIDDIYY DATE MMID LIMRS GENERAL LIABILITY EACH OCCURRENCE 51,000 ODD A X COMMERCIAL GENERAL LIABILITY GLP900396606 07/12/08 07/12/09 PREMISES Earccurerwe s 100 000 CLAIMS MADE ~ OCCUR MED EXP (Any are pesos) S 5 , 000 / PERSONALBADVINJURY S1 OOO,OOO GENERAL AGGREGATE 52,000 OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 32,000 OOO POLICY X JECT LOC A AUT X OMOBILE LU181LITY ANY AUTO CAP900241508 0712~OB 07~12~09 COMBINED SINGLE LIMIT (Ea ectident) 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS / V/ BODILY INJURY (Per person) S HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per ecciEeM) S PROPERTY DAMAGE (Per ecciaent) y GARAGE LIABWTV AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S E%CESSIUMBRELLA LIABILITY EACH OCCURRENCE 51,000 000 A X OCCUR ~CLAIMSMADE UI+ID050075001 07/12/08 07/12/09 AGGREGATE sl 000,000 S DEDUCTIELE / t/ S X RETENTION S1O OOO s WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS'LUIBILITY ANY PROPRIETORIPARTNER/EX TN WCA040031603 12/04/07 12/04/08 E.L. EACH ACCIDENT sl 000 000 ECU E OFFICERIMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYE S1 000 OOO B yea tlescribe untler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT S1 OOO 000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEXIC LES I EXCLUSIONS ADDED BY ENDORS EMENT / SPECUIL PRO V1810N8 ProjectN3156: Dr. Hector P. Garcia Park -Park Development Phase 1 Additional Insured as required by written contract in favor of Certificate Y Holder applicable to General Liability 6 Auto. CERTIFICATE HOLDER CANCELLATION L+IL.L._L.~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN City Of COrp11H Cllrlatl ./ NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO WSO SHALL Engineering Services VVV IMPOSE NO OBLIGATION OR LUIBILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR Contract Administrator P. D. BOX 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COMMERCIAL GENERAL L.IA131LITY CG 20101001 TI-IIS ENDORSIiMENT CIiANGRS Ttlt3 POI.I(:Y - PL.f:ASE READ IT CAREPU1.,l.,Y J ADDITIONAL INSURED -OWNERS, LESSEES 012 CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 'this cndorsement modifies insurance provided under the following: V COMMERCIAL GENERAL LIAUILI'1'Y COVERAGE pART SCHEDULE Name of person m• Organization: City of Cor,xts Clu~isti lleparUnent of Engineering Services Attn: Contract Adminisu•ator P. O. T3ox 9277 Corpus Christi, Texas 78469-9277 (If no enu•y appears above, information required to complete this cndorsement will be shown in the Declarauion as applicable to this endorsement.) A. Section 11-~ Who Is An Insured is amended to include as au insured the person or orgamization shown in the Schedule, but only with respect to liability arising oat ofyour ongoing opendions performed for that insured. E. With respect [o [he insurance afforded to these additional insureds, the following exclusion is added: 2. F,xchisions 'T'his insurance does not apply to "bodily injury" or property damage" occurring after: (I) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) m be perforned by or on behalf of the additional insureds) at the site of the covG•ed operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person w• organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the scone project CC. 20 10 10 01 Iusm•ed: Urace Paving & Constructirnt, Inc. pol a GLP90039G608 Effective: 7/12/OA ~~ IV / Managing Partner Randal M. Leer~~^-^--_----- 'Title: Authorized Representative '1'E 99 Ol 0 V ADDITIONAL INSURED This endmscmcnl nxtdiFes insm~ance provided under the following: J BUSINESS AUTO COVERAGE FORM CARAGF,COVERAGF,FORM TRUCKF,RS COVF,RACE FORM This endorsement chances the nnticv effective on the intention date of the twlicv unless another date is indicated below: __ Endorsement Gffective Policy Number 7/121OR CAP90024 1 5 08 Named Insured / Countersigned by Grace Paving & Construction, Inc. ,/ (AUlhonzed Itepresentanve) 'I'hc provisions and cxclnsions that apply to I,IA131LI'i'Y COVERAGE also apply to this endorsement. Adtlitiatal Insured: City of Cotpus Christi / Ihpt. Of Engineering Services J Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 7ii4G9-9277 is an insured, but only with respect to legal responsibility for acts or omissions of a person fur whom Liability Coverage is atforded under this policy. Thu additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any retwn premium and any dividend, if applicable, declared by ns shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this iuswance. We will mail the additional insured notice of any cancellation of this policy. If tttc cancellation is by us, we will give ten days notice ro the additional insured. 'I'bc additional htstu•ed will retain any right oT recovery as a claimant under this policy. FURM TE 99018- ADUITIUNAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19,1992 ATTACHMENT 2 2UF2 COMMERCIAL GENERAL, l..lAI31Ll'1'Y CG 02 OS 01 9G 'T'HIS ENDORSIiMENT CIiANGES'1'IIE. POLICY -1'LGASE READ IT CAR[i1"'LILLY / TEXAS CHANCE+S - AMF,NJ)MEN'I' ON CANCELLATION `~ PROVISIONS OR COVERAGE CIiANGIs 'I'bis endrnsement modifies insuranco provided under the following: (:OMMERCIAL GENERAL. ),1AE31L1'I'Y COVERAGE VAR"I' LIQUOR LIAB1l.1TY COVERAGE PART OWNERS AND CON'I'RACTOItS PROTL'•C'f1VE LIABILITY COVERAGE PART POLLl1TIUN LIABILI"fY COVERAGE PART 1'RODUC'1'S /COMPLETED OPERATIONS 1,IABILITY COVERAGE PAR"f RAILROAD PRO'fP,CI'IVE LIABILITY COVERA<iG PART In the even[ of cancellation or material change that ~•educae or restricts the insurance affin~ded by this Coverage Part, we agree to mail prior written notice of cancellation or material changc to: SCHEDULE City of (,orpus Christi / Dept. OfEngineoringServices i( Attu: Contract Administrator P. O. IIox 9277 Cw•pus Christi, TX 7R4G9-9277 Number of days advance notice: TIiIR'1'Y (30) Named insured: Grace Paving & Const/ruction,lNC __ Policy Number: GLP90U39G6-O8 / __ affective Datc ol'This Endorsement: U7/12/OR Authorized Rep1(re'so~ntatyive~ Q~'V '~ r Nmne (Printed): R. M. Lee Title (Printed): Managing Partner CG02U5 (01/96) ATTACHMENT 3 I OF 3 •rE o2 o2n J CANCELLA'17ON PROVISION OR COVERAGE, CHANGE ENDORSEMENT 'I'bis endorsement modifies insurance provided under the following: J BUSINESS AUTO CUVERACF, FORM GARAGE. CUVii;RAGE FORM TRUCKERS COVERAGE FORM This endorscntent Chan es the lie effective on the incc tion date of the olic unless another date is indicated below: tindorsemenl Effective Policy Number 117/ 12/08 CAI'900241508 / Named Insured Grace Paving & Construction Countersigned by ~~ ; ,. ., to u[nor~zcu ncprescmau vc/ '1'HIR'1'Y (30) days before this policy is canceled or materially changed to reduce or resu•ict coverage we will mail notice of the cancelltrtjcm or ch.mge to: J City of Corpus Christi Dept. Gf Engineering Services Attn: ConU•stct Administrator P. O. f)ox 9277 Cogms Christi, TX 78469-9277 Aulhorire;d Represenlativo: ~~~~ Nxme (Printed): R. M. Lee 't'itle (Printed): Mana~iu~Parhier FORM TF. 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENI)ORSI:MENT Texas Standard Automobile Endorsement (Ed. Effective 3/92) ATTACHMENT3 2OF3 WORKERS COMPENSATION AND EMPLOYERS LIABIL,1'I'Y INSURANCE POLICY WC 42 06111 (ED. 7-85) 'TEXAS NO'17CE OP MA'rERIAI. Ch1ANCiL: ENDORSEMENT t/ 'I'bis endorsement applies Duly w the insmnnce prnvided by the policy because Texas is shown in item 3.A. of the Information Pagc. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. 'fhe mm~ber of days advance notice is slmwn in the Schedule. This endorsement shall nol operate directly or indirectly to benefit anyone nol. named in the Schedule. Schedule Number of days advance notice: 30 2. Notice will he mailed to: City of Cm•pus Christi DeparUnent of Engineering Services Attn: Conn•act Administrator P O Box 9277 Corpus Christi, TX 78469-9277 Phis endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the IxrlicyJ Endorsement Policy No. WCA04 003 1 603 1/ Indorsement No. i;ffective:07/I2/O8 Insured Grave Paving & Construction / htsurance Company V Countersigned By: WC 42 06 01 Name (Printed): (sd. 7-s4) •rhle (Printed): Premium $ /Q~-~ R. M. Lee Maaeging Partner ATTACHMENT 3 3 OF 3