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HomeMy WebLinkAboutC2009-243 - 5/19/2009 - Approved~~ f~ ,~ ~. 1 ~,, ~~ ~~ 3 P E G:.I A I, PRO V I S I O N S S"P:E'C L F I CAT T O N S A N 'D" (Revised 7/5/00) WARDS BIIILDING REHABILITATION AND PAR&ING LOT PROJECT NO. 4369 & 4375 Table of Contents NOTICE TO BIDD73RS (Revised 7/5/00) NOTICE TO CONTRACTORS - A Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised ~/s/oe) worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - 3PBCIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-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 Ala -'~^"' "" (NOt Used) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds s - -- '°~"~°°-i (Not Used) A-26 Supplemental Insurance Requirements ---- -='-^' ^ ~•• °^- F~age-C3aitne-(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 Other 'Submittals (Revised^9/18/00) - -a nw........ o,... ra.. ~. ~... _.1.r..~ t..,._ «+-_ (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 - *a^'^^•^• (Not Used) ` A-42 OSHA-Rules & Regulations - A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) -_- _s _^,. i.. rn.i- ,.a ,+~=/,.n~ (NOt Used) - - --- -+- - - - ,~cs.Laa,~ (Not Used) A-48 Overhead`Electrical Wires^(7/5/00) ' A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution & Progress A-51 Asbestos Regulations from the State Department of State Health Services (TDSHS) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART C-1 FEDERALLY REQUIRED LANGUAGE PART 3 - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping SS 021040 Site Grading S6 021080 Removing Old Structures 855 022 EARTHWORK 022041 Pavement Excavation 022100 Select Material 815 022420 Silt Fence 897 025 ROADWAY 0252 SUBGRADRS AND BASES 025202 Scarifying and Reshaping Base Course 823 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 854 025223 Crushed Limestone Flexible Base 0254 ......ASPHALTS AND SURFACES 025402 Planing Asphaltic Surfaces S27A 025404 Asphalts, Oils and Emulsions 829 025412 Prime Coat (Asphaltic Material Only) 830 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 0256 ......CONCRETE WORK 025610 Concrete Curb and Gutter 852 025612 Concrete Sidewalks and Driveways 853 0258 ......TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Paint and Thermoplastic) S45 030 CONCRETE, GROUT 030020 Portland Cement Concrete 840 032020 Reinforcing Steel 542 038000 Concrete Structures 841 050 METALS 055420 Frames, Grates, Rings and Covers 557 070 THERMAL AND MOISTURE PROTECTION 070020 Asbestos Removal (S-1) PART T - TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01100 Summary 01200 Price and Payment Procedures 01300 Administrative Requirements 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution Requirements DIVISION 2 SITEWORK 02225 Demolition 02843 Parking Bumpers (Wheel Stops) D2871 Bicycle Racks DIVISION 3 CONCRETE NOT USED DIVISION 4 MASONRY NOT USED DIVISION 5 METALS 05400 Cold-Formed Metal Framing DIVISION 6 WOOD AND PLASTIC 06100 Rough Carpentry DIVISION 7 THERMAL AND MOISTURE PROTECTION 07270 Air Barriers 07550 Modified Bituminous Membrane Roofing 07595 Preparation for Re-Roofing 07620 Sheet Metal Flashing and Trim 07900 Joint Sealers DIVISION B DOORS AND WINDOWS 08114 Standard Steel Doors 08115 Standard Steel Frames 08710 Door Hardware DIVISION 9 FINISHES 09206 Metal Lath 09220 Portland Cement Plaster 09900 Paints and Coatings DIVISION 10 SPECIALTIES NOT USED DIVISION 11 EQUIPMENT NOT USED DIVISION 12 FURNISHINGS NOT USED DIVISION 13 SPECIAL CONSTRUCTION 13130 Fabric Shade Structures DIVISION 14 CONVEYING SYSTEMS DIVISION 15 MfiCHANICAL DIVISION 16 ELECTRICAL LIST OF DRAWINGS APPENDIX `A' GEOTECHNICAL STT7DY APPENDIX `B' SPECIFICATION FOR ASBESTOS ABATEMENT NOTICE AGREEMENT PROPOSAL/DISCLOSIIRB STATEMENT BOND NOT USED NOT USED NOT USED PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: WARDS BUILDING REHABILITATION AND PARKING LOT; PROJECT NO. 4369 & 4375; consists of Wards Building Parking Lot - Bid Item No. 1 (Project No. 4375) Provide new paved parking lot including related demolition with new driveway, striping, accessible parking and signage, landscaping, bike rack and canopy shade structures. Wards Building Rehabilitation - Bid Item No. 2 (Project No. 4369) Bid Item No. 2.1:' Provide asbestos containing materials abatement for building interior. Refer to all items noted on drawings as Bid Item No. 2.1. Bid Item No. 2.2: Replace south wall finish with new cement plaster finish, secure all windows and storefront weather tight, demolish existing exterior building steel canopy framing and provide new doors. Provide asbestos containing material abatement as required for existing south wall finish felt membrane underlayment. Refer to all items noted on Drawings as Bid Item No. 2.2. Bid Item No. 2.3: Re-roof entire building and make containing materials abatement as and HVAC pipe insulation. Refer Bid Item No. 2.3 weather tight. Provide asbestos required for roof parapet flashing to all items noted on Drawings as in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2.00 m. on Wednesda Aril 22nd, 2009, and then publicly opened and re bi receive a ter c osing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m. on Wednesda Aril 15th, 2009 and will be conducted by t ei~'i~ The oca ion o t e mee ing wi 1 be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. This project is funded in part through the Community Development Act of 1974 with funds approved in FY 2002 and FY 2006. Approximately 100 of the total estimated project cost 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 nob 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. Bidders 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 Fift and no/100 Dollars $50.00) as a guarantee of their return in goo con ition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. Revised 7/5/00 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/ Pete Anaya, P.E. 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 Nottce of Cancellation required on all certi5cates Bodily Injury and Property Damage 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 Insurance 7. Broad Form Properly 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 H OF THIS EXHIIiIT EMPLOYERS' LIABII,ITY $500,060 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIIvIIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIIvIIT ENVIltONMENTAL IMPAIRMENT COVERAGE r]X REQUIRED -for all Base Bid `B' work Not limited to sudden & accidental discharge; to include long-tem environmental impact for the disposal of * NOT REQUIRED -tor contract for Base Bid A contaminants - only BUILDERS' RISK See Section B-6-1 I and Supplemental Insurance Requirements REQUBtED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED 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 specked 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. NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 2s INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings; unless the context clearly indicates otherwise. Terms not defined in this mle shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' pompensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code; §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81; form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage far persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entiy. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted 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 carriers, owner-operators, employees of any such entity, or employees of any entity famishing persons to perform services on the project. Page 2 of 1 I "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable, toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project aze covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (I) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B).no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three yeazs thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) 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 amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one yeaz thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they aze required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project 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 the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, 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; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (I) 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 amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the govemmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide. the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the cun•ent certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental 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 knew or should have known of the change; and (8) contractually require each other person with whom it contracts 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 in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during 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 its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (II) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate 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 circumstance is held invalid, the invalidity does not affect other provisions or applications 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 advertised 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 after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of I I (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4Q). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who aze explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who aze excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 rz8s 110.11 ova>~~) '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. This 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 vet fy whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 Teas 110.1 ] o(e)(~) Article - Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certifrcate')- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless. of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subconhactors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services an the .project. "Services" include, without limitation, providing, hauling, or delivering equipmem or materials, or providing labor, transportation, or other service related to a project. 'Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ertds during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a eertiftcate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage - showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates ofcoverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, ofany change that materially affects the provision of coverage ofany person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas YVorkers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may ver fy coverage and report lack ofcoverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classiftcation codes and payroll amounts and filing ofany coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the co»tractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate ofcoverage showing extension ofcoverage, if the- coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certifecate ofcoverage, prior to the other person beginning work on the project; and (b) a new certificate ofcoverage showing extension ofcoverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ofcoverage ends during the duration of the project; (5) retain all required certificates ofcoverage on file for the duration of the project and for one year thereafter; (ti) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision ofcoverage ofany person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates ofcoverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate ofcoverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case ofasetf-insured, with the commission's Division ofSef Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I I of li PART A SPECIAL PROVISIONS WARDS SIIILDING REHABILITATION AND PARKING LOT PROJ$CT NO. 4369 & 4375 S$CTION A - 3P$CIAL PROVISIONS A-1 Time sad Place Of Receiving Proposals/Pre-Hid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wednesday Aaril 22, 2009. Proposals mailed should be addressed in the following manner: ...s : ^.: ^F ^---^-•^ City Secretary's Office _ _______ LDfficc City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 __ _ Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Later proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of the bid opening. A pre-bid meeting will be held on April 15, 2009, beginning at 30:OOAM. 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 B-1 of the General Provisions will govern. A-3 Description oP Project This Project Consists of: Wards Building Parking Lot - Base Bid A, Bid Item No. 1 (Project No. 4375) Provide new paved parking lot including related demolition with new driveway, atiping, accessible parking and signage, landscaping, bike rack and canopy shade structures. Wards Building Rehabilitation - Base Bid B, Bid Item No. 2 (Project No. 4369) which includes, Bid Item No. 2.1: Provide asbestos containing materials abatement for building interior. Refer to all items noted on drawings as Bid Item No. 2.1. Bid Item No. 2.2: Replace south wall finish with new cement plaster finish, secure all windows and storefront weathertight, demolish existing exterior building steel canopy framing and provide new doors. Provide asbestos containing material abatement as required for existing south wall finish felt membrane vnderlayment. Refer to all items noted on Drawings as Bid Item No. 2.2. Section A - SP (Reviae9 12/15/09) Page 1 of 22 Sid Item No. 2.3:' Re-roof entire building and make weathertight. Provide asbestos containing materials abatement as required for roof parapet flashing and HVAC pipe insulation. Refer to all items noted on Drawings as Bid Item No. 2.3 All work shall meet the current requirements/standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing sad Regulation (YOLK) and shall be is accordance with the pleas, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funding. 1. Base Bid A, or 2. Sass Bid A sad Hasa Hid 8/Hid Item 2.3 only, individually or combined, or 3. Sass Bid A sad Baee Bid H/Hid item 2.3 + Bid item 2.2 only, individually or combined, or 4. Haas eid A and Total Baee Sid B, individually or combined The City intends to award the contract to single or multiple contractors within the available project funding. 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$ Sid Hoad Must reference WARDS SDILDING REHABILITATION AND PARKING LOT PROJECT NO. 4369 & 4375 as identified is the Proposal) (A Cashier's Check, certified check, mosey order or beak 8raft from say State or National Haak will also be acceptable.) 2. Disclosure of Interests Statement 3. Qualifications of Asbestos Abatement Contractors: (Applicable to say Proposal submitted for Sase Hid B - Sase Hid A has no asbestos work.) All bidders shall submit a resume. The resume may include as much evidence as deemed necessary to establish qualifications for asbestos related work. The resume shall be submitted with this proposal. Non- svbmisaion of resume with proposal shall be considered grounds for rejection of bid. A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 calendar days for Base Hid A and 90 calendar days for ease Hid H. 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. Section A - SP (Revised 12/15/04) Page 2 of 22 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 capableof 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. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Suildiag sad geavy~COnatruction. In case of conflict, Contractor shall use higher wage rate. MiniRnmi Pne'railvxJ Wage Scales The Coxpus Christi City Council has deterniined the general PrevailvxJ mininnan hourly wage rates for Nueces Ntmty, Texas as set out in Part C. The Contractor and any subc~itractor section A - SP (Revised 12/15/04) _ Page 3 of 22 must rot pay less than the specified wage rates to all laborers, xorlaren, and merHa„~ cs enq~loyed by then in the execution of the contract. The contractor ar subcantractor~ shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, far each laborer, workman, ar nee ~*+~c employed, if such person is paid less than tk~ specified rates far the classification of vnric performed. The Contractor and each subcontractor must keep an acaaate recrord showing the names and classifications of all laborers, varkmen, airl mechanics e~loye3 by than in camection with the Project a~ showixxg the actual wages paid to each ~.orker. TY~e Contractor will make bi-weekly certified payroll subnittals to the City ~*'~+-. The Contractor will also obtain Dopier of such certified payrolls fmn all subcarttractors an3 others vorking on the Project. TY~ese docurients will also be sukxnitted to the City Engineer bi-vxxkly. (See section for Mimrity/Mimrity Business Enterprise Participation Policy for additional ra~u.ixanents carcenwig the proper form an3 content of the payroll suYmittals.) One and one-half (ly,) times the specified hasly wage must be paid for all knots vnrltel in excess of 40 knots in any one week and far all hours uor)~d on Sundays or knlidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, WarkixxJ Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractar shall cooperate with all public and private agencies with facilities operating within the limits of the Project. 'lhe Contractar shall provide a forty-eight (48) has notice to any applicable agency when cork is anticipated to pxnceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification y at 1-800-669-8344, and the Veriz~ Dig Alert at 1-800-483-6279. For the Contractor's cornenience, the following telept~e rnanTw,-a are listed. sty ~~r Project Architect SolkaNava7brnO, LLC Traffic E[s3+*+~+~*'g Police De~rpnent Water Departrirnt Wastewater Departnent Gas Department Storm Water Department Parks & ReCreatipn Department Streets & Solid Waste Services AEH S B C/AT&T City Street Div. for Traffic Signal/Fiber Optic locate Cableviaicm ACSI (Fiber Optic) NT4C (Fiber Optic) C4niceCan (Fiber Optic) CAPROCtC (Fiber Optic) Brooks Fiber Optic (DWN) 826-3500 854-1471 826-3540 682-19ll 626-1880 (826-3140 afteY lruurs) 826-1818 (826-3140 after bass) 685-6900 (885-6900 after knots) 626-1881 (826-3140 after bans) 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424, after hrxss) 826-1946 826-1960 857-5000 (857-5060 after knots) 887-9200 (Pager 800-724-3624) 813-1124 (Paget 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 (M~bile) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If Section A - 9P (Revised la/15/04) Page 4 of as 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. Yt is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be-provided by the Contractor. A-13 Area Access sad Traffic 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; therefore, no direct payment will be made to Contractor. A-14 Conatruetioa Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction-area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. 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 sad 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. Section A - SP (Revised 12/15/04) Page 5 of 22 All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Naterials 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 II38D A-18 Schedule sad Sequeace of Constructioa The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to )the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal 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. A-19 Coaatructioa Project Layout aIId Coatrol 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. Section A - SP (Revised la/15/04) Page 6 of as 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: ~t _,, ..~~ •~ ..i ..l..e..-6ca~.. .. 1.. ~+ , ~1......~ ,f ..L-.l l .-L .l .. A-20 Testing sad Certificatioa All tests required under this laboratory selected by the Cit will be borne by the City. In be done over after corrective retesting will be borne by th _ the Contractor. item must be done by a recognized testing y Engineer. The cost of the laboratory testing the event that any test fails, that test must measures have been taken, and the cost of e Contractor and deducted from the payment to The Contractor must provide all applicable certifications to the City Engineer. Seatioa A - aP (Revised 12/15/04) Page 7 of 22 A-21 Project signs The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment I) 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 Business Enterprise Participation Policy (Revised to/se) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture ae herein provided which has been awarded a City contract. b. Subcontractor: Aay 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). section A - 6P (Reviae8 12/15/04) Wage 8 OL 22 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 entexprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0 of whose assets or partnership interests are. owned by one or more women, or a corporation at least 51.OB of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having minority participation in 25.0& of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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 8usiaesa Enterprise (Percent) Participation (Percent) 45 ~ 15 +k b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The kiours 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. Section A - SP (Revised 12/15/04) Page 9 of 22 b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspectioa Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section 8-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-Z4 Surety Sonde Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10$) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10&) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (lOg) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nuecea 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 reinsurerthat 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 381es Tax Exemption (NOT IISED) ..a,.a s... ~i... r r r 1 ~~':z z~~ d.~ .. .. z_c.. ti 3aa :_~ €Er~ e~emgb#ens e€ Sa€es--aeetee, anA~axea-a~~esa Sectioa A - SP (Revised 12/15/04) Page 10 of 22 .i .... ..-.fe - _ .i..F3~_~ L... 13 ~, ..G L, _a __ _ _ - ~ ,.L.. , e - _ ____ _ _ __~ ~ - '_....,. ~ L- _,.. ..L.. _,,. 9~he~ EhasQes ,.., ,,,.d~L_ _ ~ : F, .....- . ~, ~- a-- ^~ .., , 4 A-26 Supplemeatal Iasuraace Requiremeata 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 Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 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 Bngineer 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 H-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 Sectioa A - SP (Revised 12/15/04) Page 11 of 22 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 8-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims (NOT IISSD) __ __._ _________ _r __ ____ __________~ ____ ,.__ ____ ___1 -_.____i ____,i, ,.., A-28 Conaideratioas for Coatract Award sad Sxecutioa 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 Coatractor'e Field Administration Staff The Contractor shall employ for this Project, as its field acLninistration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. Section A - 6P (Revised 12/15/04) Page 12 of 22 The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least £ive (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 Sagiaeer'e 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 arty 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 o£ Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section 8-3-1 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 fixma, 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 BIDE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. Section A - SP (Revised 12/15/04) Page 13 of 22 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. Withia five (5) days followiag bib opeaing, submit is letter form, iaformatioa identifyiag type of eatity sad state, i.e., Texas (or other state) Corporatioa or Partaership, sad name(s) aad Title(s) of iadivldual(s) authorized to execute contracts on behalf of said eatity. A-31 Amended Policy oa IDctra Work and C6aaae Orders Under "General Provisions and Requirements for Municipal Construction Cantracts" B-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 aclmowledgea that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any chazxJe orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended °Sxecution of Caatract° 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. Section A - 8P fRevleed 12/15/04) Page 14 of 22 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 thin Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to is Special Provision A-1. A-34 Precedence o£ Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last-precedence. In the event of 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 Facilitiesi Special Requirements (NOT ASBD) P~3e~' t:e-ges€e~ni#ng uver)e at~r -_a __L ^F 41.^~.~ -~~~--.--_ _ Ean'Erae~s~, , aG nne}~-- P ___ ,=o-,, erae @iE}~Wa~Be~ BePa~tmen:t- ..-, .,,,•---.,,,..-_ __ LL.B.^.. .. _. L_...-. ..L - .,.a r ..L ..J «l.: -. _ -_ _ ,.~--,,,u~~~s--~ e~a~ment; ~xsed #n t:l;e reg-4~ °~^~' '~ e~~at4en reins€a}}a~#en --a ^`- - rans Y~ g ^^ Standa~as «.. s BTat'en a} ~' ~ ~-^~~•_. - --' imez ea eaaL2nm te Section A - SP (Revised 12/15/04) Page 15 of 22 ~}} g~a~~e~er~€ed-H} €he Een~~ae€e~' es 3x#e emg~e~ ees, zQenF:e, e~ o®Lee~:`-a aral~mxst ~e een€a#ned~~a}} Aimee a€ P:~e wa€e~ €ae€}#€3 s}€e $}BSY'}$~ €raedx rv€}} ne€-be a}}ewes '€ixe Een€~ae~e~ sha3. f-leeeg~:e a#-:,~~eae~}e~J--oaf ~-~€mes--a:R-~emeve-aim. `_ Shan s~an e ~}ae e~ wh€€ee Re -- - - - - - ~ Y , 3 6 --`~'aeP:e~ eha}~ ~'evi~e ~e}e 3lenPS €e~ E € € ' } g g en ~ae e D1.a..4 4..1 ....M......... ~4 :1.. L.1 .. C... /1..~4.__ ~-l,e~ senne ~4~~ y. ~ ~.~.~ .....- ._ rr+v rvr ...vucra "'^..a_.. ` H- Wer3~#n heave it#i~he 7 BB ~ P9 pe 5 00 PJ-PP w u..vr aar. c. «t a_-. . g , mzs ~ an E#t €ee#}€P € ~ E ~ s. ~ ..=a~~ ..~ . o~ 3 ~ ;y yes x eem 3 " ~~EenE~ae€e~veh#e}es mas€-ke YaaPxed aF: dee= na e. en ~aeEe~ 8~ it . . ~ - g a^^: ~^_`..a Lz ..: ~ ^~_« -en€ sEa€€ ~4}} EenP;sa :e, as e e€e~ ve`€e€ea ___, _. __._ __ ____ __ ~ __ _ _____ ..._____.._ ..y a,.... ..., a~a~1S ~.- ~- ~aa~ . d t i a L. .. 4L^ •3}~€}ea~3eEle ~ €h~a 9 h } J 'fh} ~ ae~# ~xe~ttElee f at fe- ~ }€ q e e m€€ed Ee melt€}ea ten i 6 tEi A , han es e}ee E~ene J.o~ €a~ , ,: a,~.~. ~eh€n #ne€ }}€n a e S; €€ r g ~ , g, Q, een a nee n ~, ..'ll L.. ~ ~ « r ~i v ~ «a....«.. '«a /..« ^G4....«_ _t LJ _a .... 2«_a L-. N a . a . ~ ur+ ..w +«a.«r~. wa u,v Seotios A - SP (Revised 12/15/04) Page 16 0£ 22 ^ , ^ eye€em bt~ d eern€re~ -.a ~.. - - - a .,.L . . s'r3ees . - - ..c - L..~'•i -v_L, __.- ^-„-a - «,... ~ L....., _a + ~ and }Fn€3eRlent4nQ the }^9^- - -- « I3eF;t- , F: ,. ••,,•• _~ +FF..a a _.,a a a-j eER 6---~~ marn:€a Ia # ~ i at "o e d- " _ ro = «L,. «..~ r ea s, rega ms sta _,.:F:_a L..e..J_ r a.= s P ^ a ~na -l l C 3-' am-B rae€~ea' _F __ eeenent ••,Le..... « L: .. € € h ~l h E «L_ red~a = .~L F ee -„ n «Ll F:,,va _ p__ es rae er e a e 9 T ee3~s regi fired ne -aa «,.,.. P shew €l ... xe=~9= e a.^m:-=r7 _ «L.. __a_ a -..a ..:« req:i#reel, 6E71BA s2 a€em --L L_ ..L: the-greQramm3ng-ghaee ~ ~s -a ..L «L._ m'-_ sr - «L .. ..L..a ,. « e€ nhe r ,, .,e - rega#re _ _ d eheet a.. - --a e '"L_ A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City &ngineer or his designated representative. 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. Reaubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or Section A - SP (Revised 12/15/04) Page 17 of 22 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 forma. 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 equipment will not be approved for use on the project. A-37 Amended "Arran4emeat sad Charge for Water Furnished by the City" NOT II9HD o..or~..~ .~ - --.a : ays= ~„anee €es )ss~rie~al sesetsaetien ~trae~~s-5i5 esee~vatiea m=aes~ee eaEatliel~l €e~ ehanSing eextd#E#eae ^"~^ .~", nso~#~e a eop~2 'z as ~aQe~ea aE ~he~~e eenet~veeie~xz rneeE~g. V - ..e .~.., m~ ...Ys_ .w......,x._. Section A - SP (Revised 32/15/04) Page 18 of 22 or The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-S- 9. A-40 Ameadmeat to Section 8-8-6: Partial Hatimatea General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Oaone Advisory (NOT IISED) _ -__ _ ^~ _...., 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 IademniEicatioa & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-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 Sectioa A - 8P (Revised 12/15/04) Page 19 of 22 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-SUilt Dimeaaioas sad 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 o£ Highly Chloriaated water 0/5/00) NOT IISSD A-47 Pre-Coastructioa Hxploratory Hxcavatioas (7/5/00) NOT IISSD SeC Lion A - SP (Revised 12/15/04) Page 20 of 22 Electrical yQirea (7/5/00) A-48 overhead to shall comply with all OSHA safety requirements with regard ment beneath overhead electrical wires. Thare Contractor 9 the proximity of construction e4uossing the construction route and recant ions, many overhead wires use all due diligence, P are route. Contractor shall and that adequate safety is provided for all of his employee s construction that no damage to existing etc., to ensure with regard to ensuring of equipment and occurs. operators or facilities overhead electrical wires his Contractor shall coordinate his work with CP&L and inform CP&L of construction schedule with regard to said overhead lines. lines are shown in the construction plans, while others are Contractor's sole responsibility to provide for adequate Some overhead in the plans or not. not. It shall be the safety with regard to overhead lines whether s own "Maiateaaace Guaraat (e/29/o0) A_qg Amended for Municipal Construction Provisions and Requirements Under "General add the following: " B g 11 Maintenance Guarant Contracts se arate, additional remedy available . uarantee is a p uarantee nor "Thebenef tc the s City of Corpus Christi. Neither the g of the guarantee period will operate to reduce, release, or to rpus expiration rights or remedies available to the City of cor any relinquish any claims or causes of action against the Contractor Christi for any other individual or entity " Prosecution and Pr Tess A_5p Amended for Municipal Construction Provisions and Requirements Under "General add the following: Contracts", B-7 Prosecution and Pro ress, early basis. If funds, on a y for "Funds are appropriated by the City.an given year, the City may direct any reason, are not appropriated in Y If the Contractor is or termination of the contract. a later suspension ests remobilization at may request payment for terminated the suspencontractorhe City re date, demobilization/eeor esltotthe contract,,, Such costa shall a addressed through a Chang ..__a.-~mQnt of State Health A-51 - A4 TDSHS) Serviced _ Removal to the requirements mentioned in rrementsOforOthissproject In addition actual or suspected asbestos herein, there are other asbestos related requ orig from TDSHS reguhetpYesCOnstruction the Contractor must complete inating rior to j ct and presence. At or p ro riately) the TDSHS Form APB #5 for thriorrtoe and sign aPP p leted form to Sylvia Arriaga (p correctly ( of the comp the Contractor draft copy sent to the TDSHS by must provide a The signed form asbestos sending to 'PDSHS)• than 10 days prior to the start of any ,.. be post mars ydFo m1APB H5 _ ATTACHMENT IZ. removal. Section A - SP (Revi"e8 12/15/09) Page 21 of 22 (:) Below it Amended E. NESHAP TRAINED INDIVIDUAL ^...... NESHAP Trained Individual: Certification Date: / / ^......F. DEMOLTTION CONTRACTOR Demolition Contractor: Address: City. _ State: _ Zip: _ Phone #: ( ) ^......G. PROJECT CONSULTANT OR OPERATOR DSHS License No.: _ Project Consultant or Operator: _ Address: _ City. _ State: _ Zip: _ Phone #: ( 1 - ^...... H. Waste Transporter DSHS Waste Transporter License #: Waste Transporter: Address: _ City. _ State: _ Zip: Contact Person: Phone #: ( ) - ^......I. Waste Disposal Site TCEQ Permit #: Waste Disposal Site: Address: _ City. _ State: _ Zip: Phone #: ( 1 CERTIFICATION STATEMENT I hereby declare that I have examioed this notification and, to the best of my knowledge and belied all information provided is complete, true, and correct. I affirm that I am the owner, operator, or delegated agent and that I am responsible for the fee associated with this notification. I also understand that the owner, operator, or delegated agent is responsible for notification to the department. Date: / / (Signature of Owner, Operator or Delegated Agent) (Printed Name & Title) E-mail Address: _ Phone #: ( ) - IMPORTANT INFORMATION NOTIFICATION TIMELINESS REQUIREMENT: Your Asbestos/Demolition Notification form must be postmarked no less than ten working days (not calendar days) prior to the start of any asbestos abatement or demolition. FII.ING FEE: An invoice will be mailed to the facility owner upon completion of the project. CALL FOR ASSISTANCE: (512) 834-6747 or (888) 778-9440 (toll free in Texas) MAIL FORM TO: ENVIItONMENTAL HEALTH NOTIFICATIONS GROUP TEXAS DEPARTMENT OF STATE HEALTH SERVICES PO BOX 143538 AUSTIN, TX 78714-3538 FORM APB H5, REV 5/07 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19TH day of MAY, 2009, 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 Hamman Excavating, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $239,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WARDS BUILDING REHABILITATION AND PARKING LOT - PROJECT NO. 4369 & 4375 (TOTAL BASE BID A [Parking Lot only]: $239,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all 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 .. BASE BID A wARDB BIIILDINa pARKINa LOT (project No. 4375) 1, SID ITEM NO. 1 L- 4; L L r. V L.; I... ..~ ., .~ .• r- _ __ ~ __= v ITgM QTY' Description Total ' .1 1 ~ (Lump gam) Base Hid A, Bid Item No. is Provide new paved parking lot including related demolition with new driveway, stiping, accessible parking and signage, p bike rack and y shade structures. cano avu ou ~3%, p ~~S onv, eu SASS HID A, SID ITEM NO. 1: 5 SA88 SID B wARD9 SUILDINO REHABILITATION (project No. 4369) BID ITEM NO. 2.3 I II III V ITEM description Total Baas Sid H,•Hid Item No. 2.3s Re-roo! entire buiiding and make weatpertight. provide asbestos • B 1 LS containing materials abatement (Lump as required for roo! Parapet Z.3 Sum) !lashingg and 1tVAC paps insulation. Refer to ali items noted Ori Drawiag6'as Bid Item 5 N/A No. T.3 BASB BID B, SID ITEM NO. 2.3s 5, N/A ~~ wsosbsnt. rosy o~oa s or s L L L: I' HID ITEM NO. 2.2 _ __ ___ ITBtt ~ QTY DeacrinLion Total Base Hid H, Hid Item No. 2.1: Replace south wall fiaish with new cement plaster finiab, secure all windows and storefront weatbertight, demoiisb existing exterior B 1 LS building atenl canopy framing (Lump sad provide sew doors. Provide 3.Z Sam) asbestos oontainiag material abatement as required for existing south wail finish felt rosmbrana underiayment. Refer to all items noted o~n Drawings as Hid item No. Z.2. $ nt/n BAS$ BID 8, BLD ITEM N0. 2.2: $ N/A BID ITEM NO. 2.1 I Iz III w ITEM Qxs[ Descriptioa Total Sid Item No. Z.1: Provide asbestos eontaiaing $ i LS materials abatement for building (Lump interior. Refer to all items 4.1 gumy noted on drawiaga as Bid Item 170. 2.1. g' N/A BASB SID B, BID ITEM N0. 2.1s TOTAL HAS$ $ID B - BID ITEMS 2.3, 2.2 & 2.1 $ N/A $ N/A [:aovouL [oaa [AOS ~ 0[ f L .. L= sxa sanaArcY { TOTAL SASE Hm A r~ C $ a'3 ! -, • SABS BID B em iTStt 4.7 $ N A ... 8A88 Hm 8 Sm IT~s Z.Z $ SASB SID B ~ HID IT81[ 2.I N/A ~ ~ ~ ~ HASB SID A i SASS HID 8 ~ $ N/A L • HAS$ Sm A i S-TTBM 1.3 & ~.a $ N/A V .- A i TOTAL SA88 Sm 8 $ N/A exepoew vaM eras a os • The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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. ATTEST: City Secretary CITY O/F~-CyO,RP~USy/ C~H-R7~I-STIR By: C/®///C~N'I Oscar Martinez Assistant City Manager APPROVE S TO LEGAL FORM: Asst. C ty Attorney 2 ete Anaya, P.E. ~/~) Director of Engineering Services ATTE (If orp atio ) Se 1 Below) (Note: If Person aigaing for corporation is not President, attach copy of authorisation to sign) `~~~nnupq, `~~.~` ~~CCAVAT~'% R ~ ti ~'. ~` ; ~'OPPD qTF ;G~ =Q~ SEAL ~~ _ ~ coos - ,~~~~a~~~ TEX Rig ~~~~~`~` Hamman Excavating, Inc. By: D ~~~_ Title: 1 ~~Sldect~' 1814 Holly Road (Address) Corpus Christi, T7C 78417 (City) (State)(ZIP) 361/806-0964 * 361/806-0384 (Phone) (Fax) Agreement Page 2 of 2 ~~~,,..s=• AUTHORIZp~D ST OOURCIL.. ~~ ~~~~U /I~ SECRCfAIII~ ~~ r rr Y f l.. ~. V i i 1814 Holly Road Corpus Christi, TX. 78417 Phone: 361/806-0964 Fax: 361 /806-0384 _ WARDS BUILDING RSHASILITATION AND PARKING LOT PROJECT NO. 4369 & 4375 DsenRt~t+T of ~os~~ssasep ssRVlcss CITY DF ODRPU8 QIRISTI~ 1'B7G71S PROP0611i. lOIIN PIW~ 1 OT • ;, ... L. i L.. ~. i ~. L OR a Partnership or Individual doing business as v .- .i ,• r r: t" (~ f '• P R O P 0 9 A L Places City of Corpus ChX~ti i y ecretary s Office Date: Apri122. 2nn9 a 2enn pM Proposal OF HAMMAN FXC'AC~AmTNr~ rnrr ~ a Corporation organized and existing under the laws of the state o! TF.XA.~ TOs TAa City o! Corpus Christi, Taxaa Gentlemen: Tlse. undersigned hereby proposes to furnish all labor aad• materials, tools, and necessary equipment, aril to periorsn the work required for: WARDS BIIILDIIQG RBNAHILITATION AND PARKING LOT PROJECT NO. 4369 & 4375 at the locations set out by the plans and apecitications and ir: strict accordance with the contract docuspeata for the following prices, to- witi ritoroaw new rACS ~ w e L L ~..' L L; i.+ V .l r i s. f' f ~~ Hass HID A WARDS BUILDING PARKING LOT lproject No. 4375) SID ITFat NO. 1 I II III v IT86i QTY ' Desexiptioa Total ' Base Hid A. Bid Item No. is A.1 1 ~ (Lump g~~ Provide asw paved partcingg lot viiith ~aew ~iw~y, demaipt~ioga accessible parking sad signage, 2aadecap , bike rack and canopy shade structures. ~ sou o0 S MASS HID A, HID ITEM NO. 1: $ a ~S cnV'8u BASS BID B WARDS BUILDING REHABILITATION (project No. 4369) BID ITffi~1 NO. 2.3 I II III V ITS Description Total Base Sid B,~ Bid Item No. 2.3s Re-roof eatise building and make weathsxtight. Provide asbestos ' s 1 ~ containing matsriale abatement Z 3 (Lnmp as required for too! parapet . gum) llashiag sad HVAC paps insulation. Refer to all items Tinted oa Drawings 'as Bid Item No 2 3 $ N/A . . HASB SID H, BID ITBM NO. 2.3: $ N/A ~~ snsosawr. toms PNit ~ Ot • L L L I' L t BID ITEM NO. a.2 _ __ ___ ITeM ~ QT1t Deacrlptioa Totai Hasa Hid H, Bid Item No. a.s: Replace south wall liaish with new cement plaster Finish, secure all windows and storefront weathertight, demolish existing exterior B 1 La building steel canopy framing a a (Lnmp G ia a~ al . Sam) asbes Oa oontaiaia materi abatement as required for existing south wail finish felt membrane undariayment. Refer to all items noted oa Drawings as Bid Item No. 4.a. ~ N/A BASS BID H, sin ITEM No. a.a: $ N/A HID ITEM NO. 2.1 I II III V ITEM Q~C Description Total 83d Item No. 2.1: ria ab e ~ H 1 ~ la a em t for building (Lump interior. Refer to all items a.l gyms noted on drawings as Sid Item No. a.l. $ N/A BASS BID B, BID ITSM NO. 2.1s TOTAL BAS$ BID B - SID ITEMS a.3, 2.Z & 2.1 $~1 /A $ N~~ rwovosnt. •ows PA06 ~ O~ L • L' BID so>aAlex {_, TOT71L SASS 8ID A • SASS DID B B7CD 7[T8N 3.3 ,. SASS SID 8 87:D ITStR Z.9 87188 SiD B 82D ITDL Z .1 L ^ • SASE BID A . 8A871 DID ~ ~ '/1 8A88 BID A S-]:TSK Z.3 & 3.a ~/ • A * TOTAL SASE 8ID 8 r• f f• f" {' 1' ~• rxovaw. raN nun s os ~ s~~ bu $ N/A S N/A g N/A i. ~ The undersi grad hereby dealarea that he bas 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 L agrees to do the work, and that no xepreamtations made by the City axe in nay sense a warranty but are mere estimates for the guidance o! the • Contractor. 1.- upon notification of award of contract, wa wiii within tan (10) calendar days execute the formal contract and wiii deliver a performance Bond (as required) for the laithlul performance of this ~, contract and a payment Bond (as required) to insure payment !or all labor and materialo. The bid bond attached to this proposal, in the • amount o! 5t of the highest amount bid, is to become the property o! ~ the City o! Corpus Christi in the event the contract and bonds are not `- executed within the timo above set forth as liquidated damages for the delay and additional work caused thereby. Miaority/~dinosity Business Enterprise participation: The apparent low bidder shall, within five days o! receipt o! bids, submit to the City Bhgineer, is writing, the names and addressee of t~E firma participating in the contract and a description of the work to ba • performed and its dollar value !or bid evaluation purpose. Numbax o! Signed Bats of Docttraeatss Tha contract and alI bonds will be prepared in not leas than four counterpart (original signed) sets. Time of Completioae The undersigned agrees to complete the work within 90 oaiandax days for Sasa Bid 11 and 90 ealendax days fox ' Base eid 8 items Nos. 2.1 4.Z er Z.3 - one or ail three) lrem the r date designated by a wor ar. The undersigned further declares that he will provide all • necessary tools and apparatus, do all the work and furnish ail 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, !or the cum or sums ,• above set lorth. i2eceipt o! the loliowing addenda is acknowledged (addenda ' number): 1 _ a/16/2nne `~~~`,,,1CAV/~~~~~~, Rsspacttully submltted2 ~•~ , ~p~4ORq Ti~(~1% Dlamei ~~~ rF • ~ s Sy: y/ (ssrm - =P asnnga xs : < : SEAL - n = to=c~-TOas) a Corporations _:. 2008 7~dresa: 181~o11v Road $ (p.O. Boa) (Street} 'k Corpus Christi, TX 78417 • ''~~~'~ TEXA`~ .~`~~,``, (Gity) (state) (zip ~~~~~,nn~N`~ Telephone: X61-A06-9q~ • leers, ao not detach bid tens older papexa. 3 61- 8 0 6 - 0 3 8 4 Fax sill in with ink and sudmit cooiplata with attached papers. {cavieed aoevac =coo) PiODCea6 DOU11 Dee! i C~ t aTgTa ~l~su a,~zr~ PSR~URMg3kIC ~ BOttYS ST7t~=$ QF ~ ~ IIRiUW 11I,3t $la TSSS& SFF; CO[~c'Y tt~' ~8 ~ 1=RTIT $k¢ ~[xaavatin_g~,,_ tno~ of 3+Y47~__ County. .~xa;;, her=-EnaRteT called °~s i.ncipralT', a~?ci~y~® ~tia~~r~' e]_3~4Y_?i1T,,e ~A?~~_= a C.^.. ~~~. ncZ i3; CZ'~d:rivEa t:'CI^c$` tii:' i-$§Sa t3~ ~~ ~7.F_ZL° Gt~~~ x sn~ ~l'3= dll,+'.Y74,T~Y.2B'i tw `,.~CF ~'r'r3Y-T,Ci°,~- j': C~i° ~'L'dC± G~~ s£X2Ey }kE?rE7.fie*a t~t@Z' edit Ed "~;~r~ety=', iit"P. }lt't Tj Ya n~ f:);m3.y ~J4iln+'~ t3T1#.t: ~1$ 4t.Y tTf ~o:ptas Christi, a asunkcipal c®r~~oxatir:;z ; t;anr_es [v3anLv, T@7Sa,:3a hex.'einaftex t:a7.3Cit "`C/1T.~yk",tb 'til! ~+~c z%~'=11nx 3s:;4 Of RRT.1 ~~'J 1~~+ l~V~~~s ~~4~~+3 L~i~`.ani~.~`., div'~.It SP.OZSk?k S)i w~i~C aila~Gv ~~TSt.ratef ttl w$ ~rei.lU ,.12 .31.L''.~.~~ _dil wj~r .. E:ficl.Y, SOY ti'e~ p~xyt~nt of +nrhS::h stun ~Tel.l an~f truly to ue made we ;,xT~f ;;sa-~c~lv~s, 6Yat hai SEit @iG8Gi2tOr$t x~~[li:1 f3:.$&.C4a ~QTLi ;i:: kCL 9LTt~:T.~3$,tl:9t iS=:.C.~1'J s'--::~'? sev'eraily, ficmZy Yay k#tase prc,sents: ~8 Cix'7CC~ t3fi` 4!3~I8 ~IGA'7'st9N 19 S~1t =PF~i'S~ 'r7herc±as, ;:hfa Lsrizitlip~l ?i1Y:5T$4"~ ZY~.LO 2a w^C L'~#Z.1i =;.t3Rt Tda;.L 912th ti;3 l.wY. `l Cf CfS:C'~+R_i8 i~"f~w.t :iatec tl+e 3.9~I of 2tA3F ~~ ~2 a ~~p}= s';f a} ..~1: .s heY~k.~i attacYTed rand Tna z:z: pa<t n~srs~f, for axe CCsh~tx'rrOG:ic=, ,i: 13'"a 1'Sf#k7 paknerura ~+g - ~~ ~€i. 4359 8 +375 ;~Q'3a R ~ ~IlsxkS~-9 Lcat oxrlgl= S~3gt~}OO.f3t7} , x~ua~m~~-~ i~ tha ;~;:r.srTCipa:?. ah211 :vaithf-~sl.2y ~`era:~^n aa~ wg1~k lal $CCOTc97afi0'~ ~1~ti ~f't8 ~?a9~$: ~T}g.iL.2G$iiva7'~ and u4Rt_*~C~1~ t~~aGaCfit3ikL $-a i:aciuding $;iy Ch81~i°.'R. t ~2{t~f1~l.LtlaF$a CtT CJ11dLEi21'~:L§'~t ~:•:u Z:~' the principal sh~tis xe~r ahi,~zr. reA ~,re ,:~ il~+~=t_';:S due v :gel:,; saa•tex'Ss:s aTad/mar xQrktenrs?tt,.p that' $pp~ziY aoitha.n a pariod af' one tl? :;ter f:am the date of compieti~n and acc~+~atazer. ~:= 3TAp~='carxe:ts ~v tt~,e %'.f~Vya ttzen 'tTtis +~biig3Lion titTe3.l ~m vo.d, +3th~ry.+.se to r±zT,~?a:iT: .n fall i:xrz:.k'~ and ~a~s~+x,~:;. Ttkt7lYSLy7G1! ~ttt that a€ any legal as~taors rit :FS.let~ ar: ~.ha.s 'ricnd. venua shahs lire s:n Nctnces CtluTttva 'Cexas. A.~d that said sureey ~~rr value Taxce3vere he •ehy sti~aulcrtn3 Lhta~ R(a CiTdT7TfFea ~Rt~i-AP:I.ATT (3~ t{.?TIC+e c"tl.~crattlF! L:~. 3~{sitr~:-7'. ~tp Chit' w'?:Z'C+?$ G~` %Y:$ L'OTIxTals't, tlT ta.x &:.}sf..' `r}OY3[ ~i~T~{7'.x".Itidta 't il$:C21aT~Sd$3'r O~ tTY+_+ ~.:3:x5t Sj7¢.S,Clf iC%'1'~].OIS$, dra+ax ngst °=*`-• • ~',^,tlGi;T'y]d }a.2.11~ 4lT~ SrlTtfe Shu?.l .3. r; aatps.dsE affect its tlbl.igaLiun on zhi:~ bani,l, and ii does ;te:reby +.223.ti~ 19tlt:i 4^$ {J~ yt(:-' °-T:-C:h C},8[;[~@r ~X't;F}T7SiCtrl :}:". .G k.TCit°t dlt2ra~1.OY1 t>.C 3dd~tisn trr the terms of .the ca?tract, rzr tra the wt~a-k :u }Jk~ p~ar~cta°GTk;~' thexeundar. Pasa'ozirisn.e IIcT?c! Pzyc 1 of 2 a::.:i 1)iJE'it~ .kS- Vii:°8[1 ~a IUL_'.4~ yi°S~ Y'f?'y'l:d'C:'rRC'YS~': qL ~l.Ci. l.!:.+.!: ~:.L ~='-'_~~r . .~,. ar,• j3 xvi ~. ~, .:1i. ~'~ GE~ cAX8,7i -> Ui:.1t~t c]p[1:L7.C.i~}J.n.z. S.a Li_=_.~' ':3 is w'.h'L' S'te7 tCt T 'F~.;;~~. ?'ne rsi•Ttie[sisltti~ri ag~;nc im h~r~by +9e,-~ir~at~.: ~y tt7e Su~•etg: narai. $'3 r'll~ ~SCf4F1t ce$; 0t?tSt in PaU~`YE35 GG11754;y tCr k`l:^i't any 1~t~i,F2.S :.tn r.^4ic~a may ~[ tlEisvn.rbd 21:'ld c~ wi~cs;n aer+l:sv4 0€ l:x:iw~'as nay .fie had --. ~7%yas~ ar131.TECs Ci.ti Oil 3111^.t£ ;;t;aP.°..i..}'5.3.Or [,."~ C}~~'4.LE1F~ :3y Ark.:. 7,.ic-1., Ysrnon';c ieica5 Yri9ur8rac:r: bode, 'YN '!~~$ ~~~'~ tY;.s ii73ta!32Rc:`r''= i~ ~X~'9C1;'>r~6'(~ i21 ~ _ '-~"vFi:1.~:3r ~s1C1? /~][ iJ ~f W}S1.Cl:l e':Q.. ;,.i t??$ Ctl~#fiF?fiCi 3Yi vW:.:,I~s.nf31., t}7. i'? :"~2 ~~ PAT~GSPAL Hamman Excavating, Inc. ~„_ ~.~~ Hst: ~~~ International Fidelity Insurance Company Donna Lynch Att~+•rne}•-in-SdCt ~~~~;~t Nar~,7 ;RtjH~G,p'= ~i1KTR~ intrL,'rn~atinnat - ____ Coa~c~ Fer~oxt: ,,[r,;ilodes Add~ae,a: 711N Caranchua uite~l4 ___ - C4rous ChristT~,TX 78475 pbot9~ Nt;~sss'; 361-813-2996 ;'wtI7'~ Casa vt P+rtftirru+nc~t ~rir[d rwa~ noC to C61 ~r c;5 its t:~ ,V,g car[fracc Thee:: sad ?/J"• F?!1'L'O CnletnC2 t'i. gT{T Pa4L' f tl1 ~• Bond #I7CIFSU 0462733 FA~RiBW T l3@~IC? S?A?E ~ 1r16R3t.8 5 3{Pi+p4V AL,a iSY ~HRBE $A8S8NT3°. ~Ot1lR9TZ AP YRJB~S 'S $"NA'I 11? 3~.xC]Citlc~aCiSigt, I[ae. _ ^,E Ry+T:L:.n ~uri.~LSm~ ~.i~1.11?~ EL {µ..SCnx;Agtz~l"r r1llc.i terra' a cce~arat.i.nza oxganixed ur~d~[x the ~a'w:? __` I[zm[rance Ccmi~u[v ancC duly authot~zeci to da bus_ne•a Yn L Si? ~c'. iA F,Et C? daXa3r h w`~E?ln?..fi$T Cdr: i. $t~ ~~JS1S~Dty~'a s51 k` h01e~, aP.fi. ~? zmly sA6taFiti LlntU t'17^.` City A: ~Oi'~1;FS ~~ili8~lru 7F'JYliS:i(3~:. ~;oxz:-Gw$~~£?^ ;S:E )bUC~~fi~ C:4'-I3?~y_a, "?`$fi8:8r >~a"ereynaft@x Gail@{~ °iri ~y", ARC ?d~.y=i Fa .i.i ~~..^S6:F[3r i7.CCil$ .3i:'u cux~o:tatian~ supgJ.yir,~ iahos sand ,;tate?~als ~^ ~sa~eGtatlo€: ;_~ =:^a ifa.L'~ 'G' ~r~$-~ CCJ ;n tFi'k'_-' ~T C~k.:~`.1°ti :~ant~xa r~~r 1.33 I:~S>r }J$s`aci ~L[~Yyi ytar: e:(? L1H~I'Y '~~~x~1; filtQS)~A~S ~~ ,#J~pll t~2.,~~e~~~•~©~ LSiLiaA~kt/r '."Y';K.~,.~r fd.'.T L~$ 17s[~rre~''['1t i [h;.4,h birt~3 ouxszaSwes, ctUY h$s.xS, 3uccaa3or5? iawnuly and sevezally? 3'Rv ~-_G xt'?F. G<i:t.~ ltE Nt[CiE:£'S eun;,y, as>m well nnrt t:tuiy t.a ce [node ~*' 2tXBC'L[tt3:L'9, r7+ratt"~a`LSr?tC:[S anc: f.i r[hly ~+y tnstse pxese.nta° ~S t~1i~t7S'~ SILK 'P~IB CtH~YG~1;!i'I~N I;d BLdCIt TSA~t T>rhtx~a~r ~:"=e ~i~i;;ci~a;, ~ntzxeci i[[ta a GeY.`xa3,ra ccxnt.raGt >.?a.t:3 'tl'te [„s.ty nE ~:oa~~!ts sy'irrsst3, dated tha 1~`S,_ shay _ _r 2t1, i~9~_, ~ carp;= e~ wYtz.ch i;s tC~..x v~iYtJ ut'C$Y:h6a~ r3.[[C; RlklfSP 8 ~78~'t h9xi34f? ~.'')Y i:P~: ::i36t Y[1Ct ii'.n O'. za~~a emssx?zrzt~ t~naas - ;~ca. a~ s ~~'rs {'.~~ $.~ $'.~$3 ~. (PAC7.C$S~ Itb'~ orttl~.~ : H~~~~ r4}~~#. ~1Dj l~AN, F,1sFi7i~~r if t[ae x^rszcr~r~i s?~a?' fait#tu;i.:iy ~erro.r ats ~1G.~,EtB and fQc`f ~$ [?~;JP.Y`~t ¢~~j'YI'.f3i3t 'wit a.i.l ~3~'"a;.5C9[1Sa :[J. Y[llsr [;L,1~CUIh~~x"dCtaS'$r c~•parat a::s and :;l.ai[a~ants stals~iying i.aiaox and t~at?~xial in the prar~~rueien a~ the Work px©w:ided Ear .in ::ai;i rentraw~: ,;:~d any snit atl duly autho*i.~atl ;~<4zdicAri::^ of laic ;;entrar„t that rn,=y ?:e'Wtsinai`tsr be r.[acea r[s~t:ice at` ~-[~ich mcri.i.Eacat:aen r[~ tt[.e 3uP~Cy i~ herFrby axpresst:~ «aiva~r tk~!n t =a.s oei:.~atfnn Bhal.i se +rairi; [sttiaraise ra ras[cai7 in full iaxre ar.s:R aE;er_t. L~ROStIiJ~ F1',$$~t, tC'adt ,'.f ary legal ~i.t~Gii ;_~ f.'i.''.e~ ExK?E3n t11.i:8 ~u:~~ir venu€ sha3.i li.e ;, 'Nr.+~G~s County, Tena~. Ae:;~ that said sur?ty ror vai:ue reaeivad hazebg z;::.±.pul~t;PS that na chan~A= [wxtaasian of tuner 31t~>e~ti~:r. t_r ~:srlitin;i -t, t,f,e tsx*5s (Y~ ~~:~ CUAL~a8Ctr 'CY2: t£3 t~lEE WGik E1Y;: X's9::F,:La:7. t:l@£au-^:Ci?.T> i9w !: ~':? :s i.di;:ir 5[•33'C1fXCt1 ~7.an~, iaxdW'i ii~.°, r ' u4C, . 1i;iAn`.QeaF:j'.1.P~ X33.°.3 :.?nRi~ a i1i i%s anys>rists a€teet its ;3bdigatidr~ ort this :~a['~~i, ar<u a'4 dces Et~ral:y wai~ae r[~ti^e s3$ any sucl:t +r:tzztrEaar tax*_ena:ioax et ::imp, al.xerati.an i,= sddzti6n tS3 t![B L.9T[1i3 QE t~ei. C:'OR'tx23^~., {>? t J Y:Yt$ Wi7x14 ~:? ~.?8 _rsezf:arm~~cl Cnerearclex> Hay~r,r_ 5ord Pa;;~+? i u. x This Gs~n3 i:4 sliuen Lo ;ae~t the z~c~ui~emert*s , ; f~xtic.lc 3.^=', '4t~x'npn~F2 s'i:4i.l S`ti3tAte3 ~~.` i'~c ~d33> a$i.i,~ D~tP}E~ ~:supl .^,^,.rZ:,"•Z.E? S,F.il!.i t?~ :'ice %ttE -_~',t-cltE~J~ `l'LX$5. i`hE :~°.~tft !+CIai3YiaYkt3rr n1+r39O.~ riiirl ~r~-rater?.at••' 3S ~!{.3PS1 ~3E.'YC?14°t i3:Ct? iYi $y'."..r?r~2fi<'8 Su.;.*}L 3n:f $_~ ':'~t'_'fi ned in 5$:i i9 care el~+, Tt4v L't3~f'x'S~1.'~13fS'.4 if+MZt i.:a :i°Y:E~r c~~°o].4z^:z!re~L4 MJy r1P:.: Sti?k?~C. ii cc?rfi3 Fi 15 the Age'ni_ s'tv$14~2i3t• 1R FIl.4L'(m~S L: Gi.iskv}+ iCi wtjiari~ Eitl jy :23C~L '.S1L--"'> ..."1C£'& ficltj ~.'8 dellv~~e"~ -ak:u _,.~, 1d~:~ti 9E'Y3=,^,? L fA ~' ~rGCk'8.9 nid ~P Ai E'' t'?c-;.t ':n ritr'~CL>r.X3 aY~.5'S,Y-,4 Lt;t ~.. sa. h GxdC. j!S~1iU! 68 ~!'r_ :µE~j t?jt R*::. 7,19-1, [~E~ori`s Tkzxas Insu.raricr7 Le;3e. ~F W1"Sb7K9$ tR~C?F, Lh.s ;i^s!`re:r.±e:;° i.s wxe~'ttLe~ i.n d w`~~iew, ~'3C~t rJYkP tO~,F,• -Ar1 ~. C~? SS?=1? '_~ a@9t?:4!f,: x321 ±'I:1~2:I$Ir ti; 1.4 L~'4W ~Yll pRI17C~PA'i. Hatmnam Excavating, Inc. ~y ~ __........._....w,... ~~_....~..~....,v._...,....._.~._..__Y____. ~,~g ~~ _ _. . International Fidelity Insurance.._C.ompany__,,,,._,~ Donna Lynch AL t ~ r. n~_-y - : n"-fast :'.fr.n aa:a~7 ~-~- Jtytem+~Y~ Coatact Addrsaar Phone Nconbax; 'j f2j_81 "j-7996 .~.....,.,...,,.,,.._ ;t1vR2: ire -... Fayrv~ t' •.l~u:-.cF asst r:c=r !:~ nrioc .~ ~a_e ~£" ,.:-tst:'e~•L, ;R~v istti :iJ it., `r'~ ym+enc Rurt1 Fa1s1 :'. at ~? DAN QPOL88, DONNA LYNCH Dallas, TX. ": its tine and lawful attomey(s vn-fact m execute, seal and deliver for and on its behalf as surety,, any and all bonds and undenakogs, contracts of indemnity and other writings obligatory m ~e namre thereof, which are or may be allowed, required or ermnted by law,, stature, mle regulation, contract or otherwise and the execu4ion of such instrument(s) Gr puYSVance of these presents;. shall be as tit~ng upon the satd INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, m all intents aM putposos, as tf the'same had been duly executed and acknowledged by its: regularly elected officers at its principal offiee. 'flits Power of Attorney is ezeauted and"mayy~b~e invoked, pursuant toand by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY iSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The Prestdent or any Vice Prestdent, Executive Vice Presitlent, Secretary or Assistant Secretary, shall have power and authority's (q To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undenakings, contracK of indetnniry and otherwritings obligatory in the nature thereof and, (2) To remove, a[ anyfune, any such attorney-in-fact artd revoke the authority given ' <, Funkier, this Power of Attorney is signed; and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 39th day of April, 1982 of which the following is a tine excerpt Now dtereforethe stgnaNrerof such officers and the seal of the Company may be affixed to any such power of attorney or. any certificate relating thereto by facsimile, and any such power of, attorney or certificate: bearing'such facsimde stgnamres or facsimde seal shall be valid and binding upon the Company and any such power so executed and centfied by facsimde signaNres and facsimde seal shall be valid and binding upon the Company in the future with respect to any - bond or undertaking to which it is attached. - IN TESTIMONY WHEREOF, INTERNATIONAL FIDELTTY INSURANCE COMPANY has caused this instmment m be signed and its corporate seal to be affixed by its authorized officer, this 24th daybf January, A:D. 2(101: INTERNATIONAL FIDELITY INSURANCE COMPANY' STATE OF NEW JERSEY ~ Qt _ ~ ~ ~ IMPORTANT NOTICE To obtain information or make a complaint: You may call International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20'h Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http•//www.tdistate.tx.us E-mail: ConsumerProtection(n~tdi state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. AVISOIMPORTANTE Para obtener information o para someter una queja: Usted puede llamar al numero de telefono gratis de International Fidelity Insurance Company's para information o para someter una queja al: 1-800-333-4167 Usted tambien puede escribir a International Fidelity Insurance Company: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir a1 Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: httu•/lwww.tdistate.tx.us E-mail: ConsumerProtection(a7tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si time una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de information y no se convierte en parte o condition del dacumento adjunto. P E R F O R M A N C E B O N D STATE OF TEXAS ~ COUNTY OF NUECES § KNOW ALL SY THESE PRESENTS: TEAT Hamman Excavating, Inc. of NUECES County, Texas, hereinafter called "Principal", and ~ a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED THIRTY-NINE THOUSAND AND NO/100 ($239,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 19TH of NFaY 20 02 a copy of which is hereto attached and made a part hereof, for the construction of: WARDS BUILDING REHABILITATION AND PARKING LOT - PROJECT NO. 4369 6 4375 (TOTAL BASE BID A [Parking Lot only]: $239,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. 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 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the 3ursty in Nueces County, Teals, for delivery of notice and service of process is: Ageacy: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of con tract)(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 ~ IOVOW ALL SY THESE PRESENTS: THAT Hamman Excavating, Inc. of NUECES County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter 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 TNO HUNDRED THIRTY-NINE THOUSAND AND NO/100 ($239,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 19TH day MAY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: WARDS BUILDING REHABILITATION AND PARKING LOT - PROJECT NO. 4369 6 4375 (TOTAL BASE BID A [Parking Lot only]: $239,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of 20 PRINCIPAL Rv~ ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/OB) Payment Bond Page 2 of 2 ~~ ~ CtlY OF CORPNS CHRtSTf ~Sj~ DISCLOSURE OFRRERESTS L ~"' t~tyorCorpus axsatiorae 171, 2, asamended.roquirosaRperaoneorfrmaseekingtodotaaair>eaawtlhthoCttyto i ~ pnrAdethstollowirg~ EverygveaUonmualt»answered. If the que8tionbnotapp6cahta,ansvvsrwdh'NA'. ~' FlRM NAME HAMMAN EXCAVATING : IN . _ STREET: 181 4 Aot lv Rc~aA CITY- tor. o~~',;.;Xist; ._ m~lp; 7841 7 :.. FlRM ix 1. Caporatiar xx Z. Parbtarshlp ~ 3. Sots Owner 4. Association 6. Other L IracLOSt>RE twlsnoNS U additional apace is necessary Dleaae use ttre reverse side d this pegs or attach separate sheet. =- 1. Stan the names of each "emptoyse" of rho Cily of Corpus ChHsd havLrg an •ownerohlp tntereat" oorratRutlng 3Y. or moro o! the awnantbtp in the atww named'Rna". Name Job Titio and (Sty geparlmeM (if latown) L. t_ 3. State the names of each "oENe:laP otth~ City of Corpus ChrieU having an "ownership Mteresl" oomUluting. ~y. or more of the ownership to tM above named "Ikm Hama Titls N/A 3. State the names of each "boats membss" of ihs CNy of Corpus ChrlsU having an "ovvnsrahtp tnteteat" oonstituttng 3%or moro of tM ownership In the above named "firm". Name Board Conunisalon a Committee N/A b Statsthenamesoteachemptoyesorotticerota"eonsYltant"/orlhsCpyofCorpusChrisBwhoworlcWon arrylmatterrolatsdtotMsubjectolthiswnfroetandhasan"ownershtplMerosl"eonsdbAktgSXormonof tM ownership In rho strove named "fkm". • ' Name Consukant - ~ N/A r• CERTIFICATE r:I M' thataN aWormatlon~p ~ed-e<Nesteain0ltattuppl~wn~ereitalslstaem~~ prompflye~ICedtotho of Corpus Christi. Texas as cflantlos otxxrr. - ~yy>ngpeKpn; BOBBY PULLI.N Title: pRE~ DF.~]m f' (Type or PrNQ '~ . r Sipneture of CeAifyllg Peraarc ~~ Oate: f' raorosu. rows ~~ e~9M^ IL L Dt~morts ~ a •Boaid Herber'. A memborot any board. conanisston or cornmitlee appointed by the Cly Council o1 the pity of ~, Corpus Chdaq, Tams. b. ~ WaYa~~Y p~bylheCih/ofCoryusChrktl,Texas,ehheranafuporparttUne6asfs,buttalas a 'Fkm'. ~enb'h Meratad br eoonomfa pain, whether Profesaionat. iMusGla) or mnmsrcial and xAretlre-' osta6dstnr producs ar dod wkphloayepr~duct«aerv[os, 4w~g ry twlnot pmiled 10, enUtlaoperaled fn t!w term of re~~vash~~a dwhi~4°~pury„eats~ ~~rpnproTk~r~x v~urs, d. "Olfkiat'. The or, member of the Cr~yy Council,, City ManaBsr. Oe~ppuullyy CsY . Assistant CNy Managers, Departman! and Fkads and Munfdpal Court Judges of the Cktrof Corpus~ti, Texea. i. a wtl1Mr0efestip b~t'1.eph~q~st,as~o-hohWrgenyt~y«~Irrsfarab~holdinyaoonbd L ' ~ ~+8 w•~•. tie «ap.Wrl terms a er~re or ParNersh aiproarienb. f. •Coneulterrt'. Arty person o< Rrm, each ae enptnesrs and arotnesca, trirrad by are CRy a corpus ctrrts<i for dre purposs of professional oonsuMatbn ar>d rerommendattorr. I L. ~° ~_• r, i (~ ~ . 1, ~: . ~, ~~ 911f.R IIMII