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HomeMy WebLinkAboutC2009-298 - 6/16/2009 - ApprovedA ~. 2009-298 ' M2009-170 06/16/09 H & G Contractors S P E C I A L P R O V I S 1 S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R BAY TRAIL PHASE 3 .:i) LNV fNG'+1NE-~ltiNG :. lll~ffl!!il } 6011E YI1®P~3 ~ Engineers & Consultants 801 Navigation Suite 300 Corpus Christi, Texas Phone: 361-883-1984 Fax: 361-883-1986 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 '"' 23/08 PROJECT NO: 3229 DRAWING N0: 192 ~1': BAY TRAIL PHASE 3 PROJECT 3229 Table o£ Contents NOTICE TO BIDDERS (Revised 10/21/96) NOTICE TO CONTRACTORS - A Insurance Requirements NOTICE TO CONTRACTORS - B Workers' Compensation Insurance Requirements PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-9 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 ~~ A-11 Cooperation with Public Agencies A-12 Maintenance of Services A-13 Area Access and Traffic Control A-19 Construction Equipment Spillage and Tracking A-15 Excavation and Removals ~• A-16 Disposal/Salvage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Layout and Control ~~- A-20 Testing and Certification A-+°' n__ __t °_ ___ NOt USED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 inspection Required A-29 Surety Bonds _or; c..i..., m.... v..,......+:,... NOT USED (6/11/98) A-26 Supplemental Insurance Requirements A-5°O n ............: r..; ~ ; +.,- s,.~ n-.... ~~„r_i ,=--- NOT USED .._-.,r __.__-____1 ___ ___.._~_ ___ 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-39 Precedence of Contract Documents ._ _._ ___, ..--'- --'--`--=' -------_.- _,...~ - -- NOT USED A-36 Other Submittals i-c-~ >,_...,.a,.a rr„___.............,+ ..a rti, .. ,..,.,, +,.,- cr.,+,. ~. z•,,....; ~s.,..t s... +r.,. n:+..n NOT USED Table of Contents Page 1 of 5 NOTICH TO HZDDHRS Sealed proposals, addressed to the City of Corpus Christi, Texas for: BAY TRAIL PHASE 3 consists of 4,517 cubic yards of roadway and channel excavation, 589 cubic yards of embankment, 978 square yards of flexible base, 978 square yards of geogrid, 951 square yards of hot mix asphalt pavement, 7,455 square yards of concrete sidewalk, 154 linear feet of 18" - 36" reinforced concrete pipe, 2,142 linear feet of wire fence and timber bridge rehabilitation, in accordance with the plans, specifications, and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, April 22, 2009 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Tuesday, April 14, 2009 beginning at 10 The pre-bid meeting will convene at the Engineering Services Main Coaferenc 3rd Ploor, City Hall, 1201 Leopard Street. The pre-bid meeting will be co by the City, and will not include a site visit. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and ao/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the Owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the lowest bid. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chaps City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required oa Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors g, Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-tern X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED Page 1 of 2 0 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. O The name of the Project must be listed under "description of operations" on each certificate of insurance. 0 For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKERS' COMPENSATION INSURANCE REQUIREMENTS Texas Administrative Code TITLE 28 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 Page 1 of 12 (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Tenns not defined in this rule 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' compensation 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, §40l .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 ofemployer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (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 furnishing persons to perform services on the project. "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. Page 2 of 12 (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 ail employees of the insured who are providing services on the project are 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 a self- insured, with the commission's Division ofSelf-Insurance Regulation. Providmg 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: (1) 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 pazagraph (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 foLthe 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 Page 3 of 12 (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: See FIGURE 1- T28S110.110(c)('n. Sheet 9 of 121 (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 governmental 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 year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify 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 Page 4 of 12 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: See Fieure 2 -FIGURE 2 - T285110.110(dl('n .Sheet 12 of 12). (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; (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 subpazagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they aze providing services. (e) A person providing services on a project, other than a contractor, shall: Page 5 of 12 (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 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 governmental 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 current certificate of coverage ends during the duration of the project; (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 Page 6 of 12 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 cun•ent 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 (H) contractually require each person with whom it contracts, to perform as required by this subpazagraph 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. (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, Page 7 of 12 Article 66750, §4(j). (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 are 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 are 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 b0 effective September I, 1994, 19 Texl 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 8 of l2 FIGURE 1- T28S110.110(c)('n Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (7'WCC-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, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without [imitation, 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 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 901.011(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 ends 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: Page 9 of 12 (1) a certificate 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. F The contractor shall retain all required certificates of coverage 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, of any change that materially affects the provision of coverage of any 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 Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Z 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 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 of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for a[Z 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 of coverage showing extension of coverage, 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 certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Page 10 of 12 (6) notify 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 of coverage of any 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 of coverage 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 of coverage; 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 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. 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 12 FIGURE 2 - T28S110.110(d)('7) "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 Iega1 requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 12 of 12 PART A - SPECIAL PROVISIONS BAY TRAIL PRASE 3 PROJECT NO. 3229 SECTION A - SPECIAL PROVISIONS A-1 Time sad Place of Receiving Proposals/Pre-Bid Meetin 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, April 22, 2009. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - BAY TRAIL PHASE 3 PROJHCT N0.3229 A pre-bid meeting is scheduled for Tuesday April_14 ^2009 beginning at 10 _______ a Ar~,n Cnnferen The pre-bid meeting will be conducted by and will not include a s 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 of Project BAY TRAIL PEASE 3 consists of 4,517 cubic yards of roadway and channel excavation, 589 cubic yards of embankment, 978 square yards of flexible base, 978 square yards of geogrid, 951 square yards of hot mix asphalt pavement, 7,455 square yards of concrete sidewalk, 154 linear feet of 18" - 36" reinforced concrete pipe, 2,142 linear feet of wire fence and timber bridge rehabilitation, in accordance with the plans, specifications, and contract documents. A-4 Method of Award The bids will be evaluated based upon the following, subject to the availability of funds: 1. Total Base Bid, or 2. Total Alternate lA Bid Base Bid consists of all elements of the proposed work not specifically designated as an alternate bid item or work to be performed by others. Alternate No. lA Bid consists of providing concrete pavement as shown in the plans in lieu of flexible pavementbid items. The City reserves the right to reject any or all bids, to waive irregularities and to accept the lowest qualified bid. A 5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1, 5°s Bid Bond (Must reference BAY TRAIL PHASE 3, PROJHCT NO. 3229 as identified in the Proposal) Section A - SP (ReviSeCi 12 /C4) Pa ae 1 of 24 (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A certification of Disclosure of Interest Form is included in the Proposal. This certification also has a list of Definitions attached. 3. Debarment Certification - Contractors are not allowed to participate is federally funded projects if they are suspended or debarred. The prime contractor is required to certify as to their current eligibility statue. Certification is also required of all prospective participants is lower tier transactions. This includes subcontractors, material suppliers, vendors, etc. Hach participant must certify: ....that it sad its suspended, proposed voluntarily excluded department or agency... had civil judgment rex types of offenses." principals are not presently debarred, for debarment, declared ineligible, or from covered transactions by any Federal .. sad that they have not been convicted or idered within the past three years for certain The contractor must include with their proposal an Executed Debarment Certification Form ae included is the proposal. 4. Non-Collusion Statement - The submission of a non-collusion statement protects the integrity of the Federal-aid highway program by serving as a deterrent to bid rigging activities. The certification also becomes evidence is prosecuting cases involving construction contract bid rigging. A non-collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result is the bid being considered as noa- respoasive and ineligible for award consideration. A certification of Non- Collusioa Form is included in the proposal. 5. "Proposal for This Work" Certification form. The Contractor must submit this form which is included in the proposal documents. A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 160 ea~eada~ working days. The Contractor shall commence work within ten (10) ~~ working days after receipt of written notice from the _-______ __ ___~_________~ ___.____ __ ___-~____ City Engineer to proceed. For each working 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, FLVH HUNDRHD DOLLARS ($500.00) per working day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The -- ^P City Engineer may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest station (to be identified prior to construction) is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the City Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. Section A - SP (Revised 12/04) Page 2 of 24 January 3 Days May 4 Days ~ September 7 Days February 3 Days _ June 9 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 9 Days December 3 Days A-7 Workers' Comp ensation 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 ^~~^aaz working 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 Waae Rates Labor preference and wage rates for heavy construction and heavy/highway. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum -- hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per mar working day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. Section A - SP (Revised 10/98) Page 3 of 23 The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submi-ttals.) One and one-half (1'~) times the specified hourly wage must be paid for all hours worked in excess of 90 hours in any one week and for all hou-rs worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public A encies The Contractor shall cooperate with all public and private agencies with facilities operating within-the limits of the Project. The Contractor shall provide a forty-eight (98) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1-800- 399-8377, the Lone Star Notification Company at 1-800-669-8344, and Verizon Dig Alert at 1-800-963-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer: LNV ENGINEERING Dan Leyendecker, P.E. 683-1989 Antonio Saena, Iii, P.E. 683-1969 Traffic Engineering 826-3590 Police Department 882-1911 Water Department 826-1880 Wastewater Department 826-1818 Gas Department 885-6900 Storm Water Department 826-1881 Parks & Recreation Department 826-34b1 Streets & Solid Waste Services 857-1970 A E P 299-4833 S H C/AT&T 881-2511 City Street Div. for Traffic Signal/Fiber Optic Locate 857-1995 Cablevision 857-5000 ACSI (Fiber Optic) 887-9200 KMC (Fiber Optic) 813-1124 ChoiceCom (Fiber Optic) 681-5767 CAPROCK (Fiber Optic) 512/935-0958 Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services 863-1986 (fax) 683-1986 (fax) (880-3190 after hours) (880-3190 after hours) (885-6900 after hours) (880-3140 after hours) (593-9499 after hours) (1-800-824-9924,after hours) 857-1960 (857-5060 after hours) (Pager 800-729-3629) (Pager 886-209-1679) (Pager E50-2981) (Mobile) 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 ao locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the evegt 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. Section A - S@ (devised 10/981 -Page 4 0£ 23 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 flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. A traffic control plan is provided in the construction drawings. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control shall be paid for as shown in the proposal. A-14 Construction 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 and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed -- unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary two-i~~><-€es "Sty-~earac#an"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. The City's operating department has Section A - SP (Revised 10/98) Page 5 of 23 the option to salvage existing manhole rings and covers, water valves boxes, lids and fire hydrants and store on a site designated by the respective City Department. A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 29-hour per day answering service) and FAX machine paid for by the Contractor. The Field office shall be enclosed with a 6-£t chain link fence, a top mounted 3- strand barbed wire, and a 12-ft gate. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on ^~az working 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 13) 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. 9. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic gpdate: Submit Updated ConstructionProgress Schedule to show actual progress of each stage by percentage against initial Schedule. For each ealeAdar~ working 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, $500.00 per ~ workin will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The ________ __ .~ °----•--^ City Engineer may withhold and deduct from monies otherwise due~to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest station (to be identified prior to construction) is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and -the City Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 9 Days September 7 Days February 3 Days June 9 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days section A - SP (Revised 10/98) Page 6 0£ 23 Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As- Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, 0&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (9) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) ED$6-P e7eet, ..,, r,..,.. _-., c,..-..,.. ___p,..~,.,, __...~ ....i....,,; .-....a (8) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to ~i=ee`-~~--o=-~` ~.y'i•~°erw°q ~^-----}=^- ^^-,~'-^^ ~~ ~ City Engineer for approval and forwarding~to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AEP) prepared and submitted to Accounting Department (13) Contractor receives final payment after City Council (if required) or Asst. City Manager accepts project. (19) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A-19 Construction Layout and Control The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by the City's Consulting Engineer. The City's Consulting Engineer will furnish the Contractor with all lines, slopes and measurements for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City Surveyor 98 hours notice so that Section A - SP (Revised 10/98) gage 7 of 23 alternate control points can be established by the City Surveyor as he deems necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will berestored by the City Surveyor 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 Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City 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 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 or in house independent Registered £rofessional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party or in house R. P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party or in house Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule o£ documentation-required: Streets• Wastewater Water: Stormwater• All curb returns at point of tangency/point of circumference; Curb and gutter flow line both - sides of street on a 200' interval or grade breaks; Street crowns on a 200' interval and at all intersections; If" ~'~a/inve~ a eaat4ens a E ~ I~ l l .-.4 ..... ~ tnar re~s;- .. L... , .. ..gip ., , .,,. ..,~ nn ,. , ... pc,~,:,~~ ... .~ ~. ~.~..~._-v.... v.. ...v....v i~..s, Tt, ll "'":~~ , ' " ^..' -~-~teg e€-eas€nq and €'ew " ne RR-germi~ s~ eas ng) , A-20 Testing and Certification All tests required under this item must be done by a recognised testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. in the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications-to the City Engineer. Section A - SP (Revised 10/98) Page 8 of 23 A-21 Project Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy Polic It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1969, and any amendments thereto. In accordance with such policy, the City has established requirements, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 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). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Section A - SP (Revised 10/96) Page 9 of 23 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 o£ the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0°s of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0s of whose assets or interests in the corporate shares are owned by one or mote women. 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°s interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) Q5 ~ 15$ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout -the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a Final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. Section A - SF (Revised 10/9B) Page 10 0£ 23 A-23 Inspection Required 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 '" "" "'' "`"'' ""' ""'"-~°~ Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10~) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10~) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10~) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractorand the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) ' s~n 6 -2- ~ Ta3c Sseempt` en P~ev` s` e~ ^'^, ^}^-' ;ter _a },,_ r.,, ,,. } Y, .~.] 1 : 41... ~....:F / ' arated eent~aet `^ ~'^~ " ~e3 a se t l : epe 3 p ~a e d ' ' t th "~' ^"'"'"' a n the apg~epr €€3 e spaee en e },, ...} : F:.. 4.. ..l • .. l .... ..F ~. l .. Section A - SP (Revised 10/96) page 11 of 23 c,..- -• ] ~-safes-Epee}se ..,~ r,..., m_.... ,. ..., : ,...,.., ,. r mss.: ,. ''' , £'u he t r ~,: _,-- ~~.. .-~Rpp~ens-€€ the sabeenEraeter a se ,.:- _,: ' ~• A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 0£ the Contract, the Contractor shall obtain anendorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administ-r'ator 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) ea-leada~ working days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) ealenda~ working days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides workers' compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Workers' Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the-Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may .be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims (NOT USED) aj ...d....l .. l .. ^1.. . Section A - SP (Revised 10/98) Page 12 of 23 , -t. ' b ' w~ -+: ~ -, _ _a ng an~dedue~ e i~xe tld A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years experience in the day-to- day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, the handling, storage, and disposal of blast media that is considered hazardous waste due to lead content, federal and state wage rate requirements, and contract close-out procedures. 2. The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Section A - SP (Revised 10/98) Page 13 of 23 Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 9. 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 film; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required i£ the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section 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; and 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-fC, i£ applicable. Section A - SP (Revised 10/98) Page 14 of 23 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. 11. Child Support Documentation - At the time prior to (within 5 business days) of contract execution and award, the City must collect and maintain a list of all the names and social security numbers of the individuals, partners, shareholders or owners with an ownership interest of at least 25 percent for the successful bidder. If the City determines that an individual or business entity holding a contract is ineligible to receive payment due to ineligibility, the contract may be terminated. In addition if the required certification listed below is shown to be false, the contractor is liable to the City for attorney's fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract. "Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." 12. Lobbying Certification - Within five (5) days following bid opening, submit in letter form, the following information: Section 319 of Public Law 101-121 prohibits Federal funds from being expended to influence, or attempt to influence, aFederal agency or Congress in connection with the award of any Federal contract or grant. This prohibition applies to all recipients, -including lower tier aubrecipients of a Federal contract or grant. Prior to receiving-funds in excess of $100,000 per contract/grant, the Prime Contractor must submit to the City a certification that it has not and will not make any prohibited payments for lobbying. By signing a contract or subcontract, a prime contractor or subcontract is certifying that it will comply with lobbying restrictions. Lower tier certifications are to be retained by the next higher tier (i.e., prime contractors retain their subcontractors' certifications, etc.). Any participant that has made, or agreed to make, payments for lobbying activities using non-Federal funds, is required to disclose such activities. Payments of non-Federal funds to regularly employed officers or employees of the agency or firm are exempt from the disclosure requirement. All disclosure forms, including those by lower tier recipients, are to be forwarded to the FHWA through the City then through TxDOT. This Disclosure of Lobbying Activities Form is shown in Attachment 1 to the Special Provisions. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 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 nr=ee~e~~ °_-~_-_--'_-~ °-_--'_~=- City Engineer or his designee. The Contractor also acknowledges that~the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A - SP (Revised 10/98) Page 15 of 23 A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3- 5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully wi-th the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in.$pecial Provision A-1. Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans (including general notes), 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 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 (including general notes), referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) ~+- ~ ~ ~ ~ t ; ";ty mater €ae`i`t:y-€he Ee nEraeEer, h's amid ea~~ ear€}€ in ..L 1. ~...-. LL r s €he~r-- r~o~ --'---- ,: i~ ...: _ ~ ~ i ~ n.. F.. L.. .,_;,._L g P s Q ^ -^^~' i d € th ff€E T i € e]]rrae :ar r regram rxe =e e ~ a e } ~-.2:Tt ___......._..-. .. .._ .......... L.. /]_. .. . ........a ...-...vim ..ur ~y yr a..a•..u.. a.,aa •-r~,g ..l F.. ~. a- ] l L. t~^m~rr-vc i....... ~ l C .. C..-.~... .i ~. -..- . .4... .i....: « «F........ ~ - ...v vv. ,. ~.a .. v.~.. «L Ll~; t F-. L` ~ i Y I ..: l ; f . C.. .. dd'ti ' = € t' € J ) TL L L T 3 ~ a ers a erma ee ~e e~ €e ~He-6en€~ae€er ska}} n c+~eta~~e eret e or sta an - € - } g , g y gong, ~e e~, v ve, equ#g~errt,-err# rrate~ €ae#}i = teh, bne = ~an akea, sea€a -t}ee ~1}} e}, e~ an,t-et3~ 13-tt - ea itea -elated to _ _ L..a ... t~ ^' L= . .. :y . .,~ e =ecas -m es ~ ~r._-__--_-__: Section A - SP tRevised 10/96) Page 16 of 23 F ~.4 _____ __ __ _ :.. ~. ____~ ______ ..11,4: _____ __ ..-. -.a ~"} ~ a~ ___. i...-. .. i.a. y __ y _ ~,}L...- v rncc 4 ..Ml'. -. 4 ~.^ r 4 -. F. ~ ~ y ~r• ~ /T.I~T /Tlc Cl --~ c}., .,a,...a c l a... ' ......: 1....a }L-, _ e~e '--en~B c}.,-„ „~ _ anese ~ c.~ t~~#ean -.} ,... ~e as ~ 3ee~s , , , g , ~.L rl .. a ~ - ., _ ~. L.,a~....1 : w ~/,.. 1.L T1TCT /1TOL+ i ~.....~..t~ OL.. ~. a.. `.a Tl,....~.-C Lt ,.a 4'......-.n... ..l ~.... ,t ns4_ 4 ~. : ~.~~~., 4..J .. ~. +L F,. 1,,, ....4L....: ..te a /_~~_Ea• e, -.l ai r4rl., ~~ ~ L_____ __ QT _ ___ _ ___ -y ___ ________. u ~ r T /T e. .. a.....a Cl -. l F..... =..l l ..}~ ~..: .•l .. ~..h - i.-.lam ~oa~ - lei ..4 l -L. ..4 -.Ml ... _. }....._ _ _ _ __ ____ ~ Trzi ~.i ar~~a~ iv ...v.aa~ . ~.aa.. .. L. ..a L.• 41. .. /~..-.}-+-...4 r.- l l l,: r mnls.r r 'R ~ ~L . 540~~ S, ••a ~l 4 .; l l 4 1... l l }L... l Fem.-.: l mt... Imo..-.4.--...4....~ ..l...l l 1....... ...-1. ..l ..t.. ....1 }fi ..--. :F.. -.]rr a,~ _ _ ___________ ._ i ._.__. _ n y .T v ., ccvr ••1-..-. L... -... .. F...- I`.. 'd ~ € - h €~ ' ..}s~~..-.} ~r_ ~l-fit t ea e 6 6e~ 3=ae e s a -P~ ~ LT.~..rl~: -..- 1... :ll 1... 'l ~..n }~ "Irm Mme-..-1-,..~br •• ~.a.... F..... 1-.r..., L.ia -.a )i L..• 44... ..4~ ..4.. , F.. Il...i...,}: -.1. L... ^ ~ ° iiiui i v r a...... ..L~....} ,Ll.. ..1.-.l l j ..+ ~aa i- c . avc .av..... /...... T_t-.ll l-_ ^--} -••s~ net xse an~E€~~€ae~€g+- *" --- L' - ' - ~ ~ l d ~ d , ~'es~>=same ~F-~-} na~ d s~~e^~ ' mxs e~a~ ee a es ,G L... 1.. }. q ~ ... ..~ --°"C ___"'_~~ .9~Rx €'~crl l~r~}v~ ~ e W .m .-.h~~r, iana.~ii~~ I4. 6BficL2eE t~~T~t€teaT~enB ^SFd~-/O\/...'EAT'L VGii°C° OV[f31 "OT."`~n Biiiii 1 f~^T~TTC TZTiViIT~ tel. 4.. 4L.r ..4 r..~_L.-.....a :4..,-: -..- -..i ....... r ~.F,-..l e,}l,m ~-~ mu .,.1 : F: ...i }....4...: .. ,.1 ,....i .....F...-.....a ..-.l .. L.. .e ; .. ..9 ••, ~} „a L.. }~••~ ,.• ~r 'k ~- r M i m -::- - -- 'r ~1 . c~ 3 9--~ ~ i33 r. eaa-rnis - L...} 1:...54...i 4.. ......]: F:.. ,.45. l ._a.. ^^ - t i r . ~ i .. . ., , 3iR e 6{ ..... -.aa: 4.'. ....., _ ..L. ~-..,.... s ne -Fi< - ~~s7--a~ ~ ..y., 1 t L. ~.. devGCJg~xicJ~~¢'S 2cli ..} ..l ~.-.. ..,4 m {-.., (,..-.}v..,~4 r... 1.3 .. ..1+.-..-.4 ^.4.~.-. :..-. ..l l 1...... a . ........ .....i /...- ~. F.-.,~-.. 41..- C!`TT1T Y4 L... .. L.l r a..........,}.....}.. }A.. F..l 1....: ..... section a - se (Revised 10/98) Page 17 of 23 F , , , f ~ y ~- ~ ~-..t-.r , _.L .. fl L... F . l.: .. F:....a- ..vi.~ rcq t 1 F..... 4 L... 1.....4 -~..f , I S ma~nt~4ns a- . ^+-_ e~manent-€~rll .FF-., _a ,. . : .,,, -- -- - -- g ~ g ~ F ....... ~~ F ~~ : ...l l......... ~ , . , ~.-____-__• _.._ r' 7 n ~.a is £ _~-.... __._ -1 ___..._ _r . ti ~g-'-PmenB ~ih`eh .___ `s _~..- .....-..._. €he-g~e .. drre€ e€ ene s tu_„_ ~' ~~ -- -o~n ~aet`ea' eset ent Wh Eh' i - e~r-ae€#ea~--~--e' ~ :. ~ xee€- t _ er : , , ,._ ~ e s ..,. _ - s-- n~ 3 a g e ~,F ~ B ._F.._....._..-~ .,._ -- -- Fs... .-v F.. r t.: n... Y - - y .. ,a .-..-t ~ ...~ ., a . C(~ Y T ,1T TF .. L. ____..~ _.... ..i .. ......... .... ...... ...._...._.y ..~„y .,.,. ..,., ~yc..~. . s... r: a ~ ~ r>, ~ es-wade-dt~~€n -Ehe- +t~e ~ammi - h 1 7 Th €t h d t t q g p g ng g .,,,,.a ....~.. ase _„ e a a ..F ,.., ~ e e s __a ~ ree s r y A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall transmit ten (10) copies of each submittal to the City Engineer or his designated representative. The City Engineer will retain three (3) copies. b. Reproducibles: 3n addition to the ten (10) copies required above, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in acco-rdance _ 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 £ngineer for approval, and coordinate the submission of related items. Section A - Se (Revised 10/98) Page i8 0£ 23 f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 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 "Arrangement and Charge for Water Furnished by the City" (NOT USED) BndeE' nn n l ..,~ ..} n cn ww.. .. l_s....n} ~~r } 9 n ~ T.=~Eo:=t=aetar mrxs ~ e-_~~.tt#i-i-he E~t~ e° ,-..__.... ~,,_:.. }; r.. ..l_4..r .. .. ..l ...inn nl ., n4. n n4 n1-.1 i n1. e~ei __G~ .r ..6 ~v..i~~ f F L l J ...Jl Tl.n /~: 4. t t k 4 .~_I] .. C.. i l l i ein .. Y • Tl.n l~n..4 n}~V l lv Ln ••• • 1~ i C ~3~Pi e-$~oRs ~ ~ ~c t'Hg. Ir narvcx A-38 Workers' Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8= 6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project work site unless the Contractor provides the City Engineer with documents, satisfactory to the City Section A - SP (Revised 10/98 Page 19 of 23 Engineer, that show that the material supplier has been paid for the materials delivered to the Project work site. A-61 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a ^~,~~-' working day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules 6 Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA ru?es and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification S Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, 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, or supplier. A-44 CHANGE ORDERS Should a change order(s) be required by the Engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-d5 AS-BUILT DIMENSIONS AND DRAWINGS (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b] Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built -- dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate"data on all installed equipment. (9) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 10/9B) Page 20 of 23 A-46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) l,~ /.~..}„~~} nY. -.ll L... L.,l .. F..- ~-4... .J:n -.1 nF -.}~~. yn~~ ~_ } n}:~ l..l ., l ~ F.. ~. .J( fro+l n+l -..-.~ ,ll ,;-.tee-~iss3 } s~-=se33a=ge .,.. ..... ~ ~.,.....~.. ,... ~ y ....., ~ .. ~ . ..«„ _~.. ~.._~_.,..n aromas. m~_.._ .., ,},,,, ,,.. n,. T£~-Enr ; ,.t« ~z~.,;11-~0... .~ , Tl... /....,.4 .-.. ..4 ..«I n «....-.... ..: 1-.: l :4.. 4.. ... .....-.1 .. ..: 4L. }l.l. ~~ia ~..: «......... 4 .. `.F ..l l .........1 ..4 .. ~... ....... .. ~.«-~.. ~. ~ ._J ..~-J ..___ ____ ___ .._...__ __ ___ A-47 Pre-Construction Exploratory Excavations .(7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate and expose all existing pipelines, utilities and conduits of the project that cross within 20-feet of proposed pipelines, utilities and excavation on the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipelines, conduits and utilities. For existing pipelines, utilities, and conduits which parallel and are within ten feet (10') of proposed pipelines, conduits and excavation of the project, Contractor shall excavate and expose said existing pipelines, utilities and conduits at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines, conduits and utilities at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines, conduits and utilities excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines, conduits and utilities. Contractorshall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Prior to any pre-construction exploratory excavations, Contractor shall submit to the Engineer the means and methods for exploratory excavation to be used. Contractor shall use non-destructive equipment to perform exploratory excavation. Exploratory excavations shall be considered subsidiary to appropriate bid item. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard~to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/29/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-11 Maintenance Guaranty, add the following: Section A - SP (Revised 10/98) Page 21 of 23 "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Electronic Submittal of Sids The following paragraph modifies Paragraph B-2-7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS: 3 THRU 6 OF 14), INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 THRU 6 OF 14). If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 7, 8, 9, 10, 11, 12, 13, and 14. A "sample" print out is shown in Attachment 2. In addition, the print out will contain the following statement and signature, after the last bid item: (-Contractor) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print-out. (-Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Date) A-51 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications o£ a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Dust control shall not be paid for directly but considered subsidiary to the appropriate bid item. A-52 Amended "Abbreviations" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 1-2 Abbreviations, add the following: Owner - City of Corpus Christi TxDOt - Texas Department of Transportation Section A - SP (Revised 10/98) Page 22 0£ 23 SUBMITTAL TRANSMITTAL FORM PROJECT: BAY TRAIL PHASE 3; PROJECT NO. 3229 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revisetl 10/98) Page 23 of 23 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES Ynis dFsdosure foan shag be eanpleted by the reporting entfiy, whether subawardeaor prime Federel redplent, al Use initlatbn or receipt of a covered Federal edicn, or a matedaldsange b e prevbus IAkrg, pursuant b the 31 U.S.C. Section 1352 The fgtig of a form b required for each paymemor agreertrem9o make P.~nemb arty bbbykg emKy for Mdluarscfig or attempting to kdkrerae an oRber or empbyeeof mryagerwy. a Member of mss, an officer or ernpbyeeof !.ogress, oran employeeof a Mensbero(Corgress b oorxredbnwUh a ooveredFedereladbn. Use the SF-LLLA CoMinuatlonSheet (or addltbnatinfonnation H '>7a space on ure fomn is ksadequate. Con~ple0a afi Imms that apfstY for both the Inltlal Rang and matedal change report. Refer ro the hnpbrttergNig guidance pob4istted by the Office of Management and Budget for edditlonal ksforrrraticrs. 1. klenti/y the type of covered Federal action for wtsbh bbbyirg activity is and/or has been secured b influence the outcome of a covered Federal action. 2. Identify the status of the Federal action. 3. klently the approprlatec7asslficatien of this report. U this b a (ofioxntp repot caused d)' a material charge to the imonnatbn prevkwsyreported, enter the yearend quarter b wtsldr the change oxuned. Enter Use date of the last previousysubmitted report by Mds reporting entity for tlsis covered Federal ediorr. 4. EnterUse Wtl name. address, dy, State and zip code of the reporting entlry. Include CongressbnalDisUid, K lasovns. Chedcthe appropriatedasslfiration of the reportingentiyUsatdesignetes if N h, or experAsto be, a pdme or subawad redpient kbntlfythe Herd the subawardee,e.g., the lust subawaMee of the prime b the 1st tler. Subawards Include but are rstK Nmited m sutsconbads, subgrems and tontred awards under grants. 5. U the organizatbnfiWg fhe report M Fterrs 4 dreds 'Subawardee; then enter Use Wfi name, address, dy, Sgte and zip code of the prkre Federal redpiertL Include Congressbnal Dishkd. U krsown. 6. EMertlse name of the Federal agencymaidng the award or ban commtment Include at leastone organizatbnalbvel bebwagerwyname, N known. For exampb, Departrnenl of Trareportatlon, Unked States Coast Guard. 7. Eller the Federal program name a desaipgon for the covered Federal action Cdem 1). tl krsown, amen fhe Wp Catabg of Federal DorttestlcAssistance (CFDA) number for grants, cooperative agreements, bare. and loan cernmitmersts. 8. Enter the most appropriate Federal identifying number available for the Federal action Identified to tlem t (e.g., Request for Proposal (RFP) number. Irwitation for Bid (IFB) nurtsber; gram announcement number; the contract, grant, or ban awed number, the applicetlorVproposal contrd number assigned by the Federal agerwy). Include prePoces, e.g.,'RFP-0E-90-001.' - 9. Fa a covered Federal adbrs where there has been an award or bars commitment by the Federal agency, enter the Fedeal amount of the awardRoan oommltment for the prime entity identified In Item 4 or 5. 10. (a) Enter the WII name, address. dly, State and zip code of the lobbying entity engaged by the reporting entity Identified b Item 4 to ktfiuence the coverer Federel action. (b) Eller the WA names of the individual(s) performing senores, and ktdude WII address H different from 10 (a). Enter Last Name, Fksl Name, and Middb Initial (MI). 'I t• F~tterthe artauntof compensatlonpaid or reasonabyexpededto be pea by the reporting entiy(Ilem 4)to the lobbying entity (Rem 10). Indbete wheUier the paymem has been made (actual) or wiA be made (planned). Check all boxes Ural appy. K this Is a material change report, enter the amulaWe amount of payment made or planned to be made. 12. Check Use appropriatebox(es).Chedc eA boxesthat appy. U paymeMis made through an In-Idnd contdbutlon, apedfy th reWre and value of the in~kiid paymem. 9:t. Check the appropriate box(es). Check atl boxes that appy. U other, apecHy nature. 7?, Provides spedfic and deMaileddescription of Ute serWces Mat the bbbyist has pedortrsed, orwill be es~ededto perform, and Use date(s)of arty san~ices rendered. Include all preparatory and related actlvily, not Just tlme span N actual contact with Federal offidals. Identify Use Federal offidai(s) or empbyee(s) confaded or Ure officer(s), empbyee(s), or Member(s) of Congress that were contacted. 1;,. Gredc whether or not a SF-LLLA Contlnuaflon Sheet(s) is attactsed. if:. The certifying otfidal shall sign and date Ure form, pdnt hLsRser name, title, and tebptane number. .Acwrding to Use PaperworkReductbrt Act, as amended, ra persons are required to respotd to a collection of infortrsatbn unless h displays a valid OMB Control Number. The valid OMB control number for this Infomratlon collection Is OMB No. 0348-0046. Public repating burden for this cdkction of Mfomration is assma.ed to average 30 minutes par response, including time for reviewing instructiorss, searching existing data sources, gathedng and maintaining the data r.~led, and completlng and revlewirg the colecton of information. Send conwrrents regaling the burden estimate or any other aspect of this eollection of n`cmation, including suggestions for redudng this buden, to the Office of Managertrentand Budget, Paparvrork Reduction Protect (0348-0046), Washington, CC 20503. DISCLOSURE OF LOBBYING ACTIVITIES rWP~byonns Complete this form to disdose lobbying acdvides pursuant to 31 U.S.C. 1352 o3ne-ooas (See reverse for public burden disclosure.) 1. ; ype of Federal Action: 2. Status of Federal Action: 3. Report Type: contred catlon l tt ~ M tl ~ b. award b. n idai b. rr ia terialnchange c. cooperative agreement c. post-award For Material Change Only: j d. loan year quarter e. loan guarantee date of last report f. loan Insurance ~t.:lame and Address of Reporting Entky: 5. tf Reporting Entity In No. 41s a Subawardee, Enter Name }] prime ^ Subawardee and Address of Prime: Tier ifknam: i I { i i,on ressional Dtstrlct, If known: Con resslonal District, Hknown: _ ~',, ~~ L~deral DepartmentlAgency: 7. Federal Program Name/DescripUon: i CFDA Number, Ifapplicable: {~ . ~ :derel Action Number, ifknown: 9. Award Amount, ifkffotvn: $ __ ~' 0. a. Name and Address of Lobbying Entky b. Individuals Performing Services (including address it j (i/individual, last name, first name, MI): difl`erentfrom No. f0a) i (last name, first name, Ml): i (atfertt Continuatim SAee s) SF-LLLA, ifneoessary) ~ _ I ~ ?. ,Unount of Payment (chedr all tlrat apply): 13. Type of Payment (dtedf all that appy): ^ actual ^ Planned ^ a. retainer j ^ b, tmedime tee f ti~.'orm of Payment (chedf all that apply): ^ a twmmisslon ^ e. cash ^ d contingent tee ^ b. Inaclnd; specify: nature ^ e, deferred value ^ L other; specify: { 9 i. k:rief Description of Services Pertonned or to be Performed and Date(s) of Service, Including officer(s), i~ employee(s), or Member(s) contacted, for Payment Indicated In kem 11: I { atradl Continuation shears sF-LLLA, Nneaessa (1 ~;Contlnuatlon Sheet SF-LLLA attached: Yas ^ No ~ «nre0on repuesbd e.ouph eYa form Y euSlodud M tltle 31 U.S.C. aedbn ;,;. ,,' Signature: , .:_z Thb abUOVae a bEGyFp ecSNfiea b . mebdY reposenteum d mu x" e1ua~ reranoe "" pbced er"'° "°' enove""°" "" aaneoNon wse meae G 1352 Thb S Print Name: « inbred Ylb. Thb 6sloauro b regidrod pu,p,erd b 31 U. . i :3:,mm5an wll Ee repo,bd b en Gbrpresa eemF+rvutlN e„d wY a e've11e01o ror T a,:rw wpeeuen• ay perwn ria texs m rue the nyuem abdmue d,en ea ide: s%eq b e N9 penally of not less 0ret 570,000 end nal npre tlien 5100.000 far ,5-,,eu<nren~.e. Telephone No.: Date: Authorized for Local Reproduction Shandarcf Fonn LLL (Rev. 7-97) ATTACHMENT NO. 1 SAMPLE COMPUTER PRINT -OUT PROJECT TITLE DATE (YOUR COMPANY'S NAME HERE1 I II III ; IV V Bid Item Qty. Units Item Description Unit Price In Figures Bid Item Ext. Qty x Unit Price Al 34475 SY Street Excavation $ - $ - A2 - 5,0 33 SY -- 6" Cement Stabilized Salvaged Base A3 . _ ___ etc. __ etc. etc. Sub-Total Base Bid "A" Items (Items Al-A21): Sub-Total Base Bid "B" Items (Items B1-B21): Sub-Total Base Bid "C" Items (Items C1-C21): Sub-Total Base Bid "D" Items (ItemsD1-D21): Total Base Bid: ATTACHMENT 2 SPECIAL PROVISION FORM FHWA -1273 REQUIRED CONTRACT PROVISIONS FEDERAL - AID CONSTRUCTION CONTRACTS ATTACHMENT NO. 3 FT(WMIP3 E~trm,e veevo~ - raa.cn 10 1991 REOUIREO CONTRACT PROV{310N3 FEDERAL-AID CONSTRUCTION CONTRACTS Pegs I. GttterN ...................................... 1 II. NoMhorkNns6on .......................: ..... t 10. Noeroeprspalt•d F•CYRiea ..... . ....... ......... 3 IV of Predebrrtllned hAktlnun Wage ........... 3 V. StN•nwttta erd .................. . ..... S tn. RecetdotMataWe,Suppibe,andtabor ............ B NI. SubleltingaaAotfgtlingtMContreG ...............: 1 VIII. Briery AcCMent Provsn6orf ...................... 7 lX. False tStaternnCS Conoerrlhg Figfwrey Pro)acb ....... 7 X. hnpfematt•6on of Cbsn At Act sne Fadttrsl Water PaRaAbta CoNrol Ad ......... ............. 8 XI. Cer6M1r~tbn Reg•MIg.D•tmment, Suapembn, k+•Fp~pRY. utd VaWntuy Fxdualan ................ S XII. CaraReatbn RsQsrdtrp Use of CordnU Fade far LobbYhD ..................................... 4 ATTACHMENTS A. Empkymwlt Pfe(erancs f«AppWd>bYtCaMnicts (hoFaled h ApptbcMn contacts otdp 1. Tfb•a~aflractprov6baaandlappybUncttpnlamedontM centred byth• corltracmlY own aWrltiadal sndwMh 6r asist•neea warlnrs tad•f tM Corltradofs knmedlets ~ a1d ro ap wrxlrpnrlortned on the eotdract by pbuwat, atetiart work, «. a! at6eciktd. 2. Eaaapt as otMrwtea prwidd t« h seen •ectl«u the eontraetor •trAtleRll tNdl aubcatlhsot sR Wthe sdpulaRaro ocnWned In tnsw Regr•nd Contract PraWairxw, and hsttror regale thMnc~hr•lehin arty lows[Oef•ubconbad«purctteeeerd•rthalmaybWnbsrrsde. The Regaled CaMrod Provbbm slbll nd be troaparated q're(ararwe h arrfaae. TnepMreoontractoretreRheasaporldbbforsornphrksny anY nAcorwactar « lowrar for wbcorldradar wdtlr thew R•quked Conrad Prevblara. W 6 stdcctlaa «ubor: Ourhg ttx perfamarce athb cuttrea, u,e corronot« atmN not a. agelut hbor from anY other Stale, poaaesabn, «tertilory of the (holed States (erupt for sntployment peference for Appsrad>lan oontncfa, when app6alb4, a• •peUfied In Aftxhrnartt A). « b. employ corMct bher t« my purpose WRhh the dmRe+ of the project uMesa R b labor performed by convkta ntq ere on parole. wpervlaed rek•se, a probatlat. R. (Applkxbk ro aR F•darol-sid eanstmcdon contncte and a aR related subcontacta a St0,o00 amore.) t. Egwl EmployrttMK OpportlrrRy: Equd ampkyrtbnt oPpnu+- nRy (EEO) rsqutartwrb not ro QMCrtitltats •td to take rdfam•tivv seliert ro sawn ar(ual opportunRy w •et /aM undo leas. ouolAWe order, tuba, regutetlonf (Z8 CFR 35, 29 CFR 1830-and 41 CFR eoj aM ardera a Ere serxdu)r of l.Wor as mom6ed by the provblate prssctbed herein, old tnpoeed purwsnt ro xt U;s.C, f4a slue eortsERraa fh• EEO and apaeMe aftltna0w utlon uartderds t«the cordraclafaproJectaUivlk•uM•rtMacentnld TheEgwlOppodrstRy Carrotrla~lmtCorkad6ped6a0ornaetfarthuM«41 CFRt~11.3aw rile proNakns of 6» Arttatcan OleabiRtNS Ad a 1990 (42 U.S.C. 12101 es ~,) set torfh under 26 CFR 35 and 29 CFR 1630 sae Murporat•d b)' tetwwjee b 61k contract. In the enlcWidt a Ihls corArsd,1M cattb'adat agre•a ro aanpy with the foRavkq rNninenl tpea6c tequtem•nt sdNrkbs a EEO: •. Ths cror>ttaelorwlA wnrkvvldtax State hlytnvap sgancy (BHA) and the FsderN Oovdrranet! h canyhg aR EEO otNigatlons std nthelr review of tAaAI« acavlaes under Eta wrttracl. b. The oatradorwlA scupl w fda opartatlg poeoy6» MbnVlg ateternent 3. A br••ch «arry a ttts atlpuletiorr eontehed h thew Requirod Corked Provblon• then W outHd•rk 9rolada for termtnetlan a the oardracl. - 4. A hreaott of tM foRowlp Wows a OI• Requirod Canbact Prorfalon• may adeo be proud. t« det>armerd as ptoWfad~in 29 CFR 5.12: Sadbn 1, p«egraph 2, S•dbn IV, pereprsptu 1, 2, 3, 4, tsd 7; Sectlart V. pvpnpfp 1 nd 2a IMouyh 2g. N { paragraph 6) and S•UWn V of ttbee Contact Provlalorts •hsN Tact tie wgsd td itw general dbpaea Wvee at eA• ootrtrad. Such dbplRes strap bs nso{ved in taaardsriu-vrRh the CFR B, 6~utd 7.a Cisp ~wlWn Iho rneenkp a)of tlds cpu•a Inektda dbpNs• Mhwsn the eorpracta (« arty a-R• •tbc«dr•don) Tact Oa• caarac6rp ^9a<by, tM DOL, «tM contradar• anplayw «tMk "A b tM paNcy a thh Company to atuta- but appficards are employed, and dal employee m treated during ernpkynxM, vrAhotX aepard rotlNir nos. ralplort, saz, talon, n•thatal ofph, ape «t9sWRRy. Such salon shall krchMe: n<. upprsdlg, demotion, «Vagter, teetuRment a recruRmeaK advertlslg: layoff «tvrmhaaon; radas a pry «dher torn. of compsrtsalion; and aelectbn fatnhl+g, incluQrg apprerMoeatltji, PnaaPPrenikeaMD.. ardfar at147te~ob fralNrg.' 2 EEO Of6o•r: TM contr•d« vxl de•Ipnate and make krtovm to the SHA caWSCUngdf6ClXa M EE0.06WetwhovAR haY! the reaponsr- bFilytoa and rrRm be capable a~bdhey edmhisterlig and promotllg an tc6vs eontreetor program a EEO aM who must be assigned adequateaWwrRyendreaparelbRRytodo-sa. 3. WssarNnat)on Of Poikyt AR mernbet• a the caMradah start wheats w6adeed ro hin, supervbs, promote, srd dbctrsrps employ- ee., «who reoommeM eudf sctbn, or who m substantWy invehed to twoh actbn, wit bs made nNy eognturrt of, end wq MpMan•M, the caritrsctat'• EEO popcysnd carNraettrot raepomibRRka ro povlda EEO h eMdi grWe and Wealfieatbn of en'yiloymeN. To •rtatae that the Wove sgreemeM vdp be md, Uia foeowly actions wRl be tskxt ss s rrthlt>tart: P~q 7 ATTACHMENT NO. 3 enpbyeas candbMore nom,. ~ w~ak.~,d a e~ot ~ °~^ ~^ o(ce ~rY ~ rnon8n, ~ whlcb Ilene the twntradars EEO policy ana as Imptlon vr7N be ravkwed and aylmntd. Ttta meatlnga wi/ ba candudad bytfw EEO OfM1cer. b. A/nawsuP~sayaPafBa etnployeeawMW.given s ftwrcugnindodrMdiat bf Mta EEOOBka, ax'mhga/mqa sapeda of the cordradoft EEO ot+Npedotn wtihh thHy rays f06owip tlfelt rePolling fordtRy vnlh the axttractor. e. A/ txxspmd vow arc engaged h direct raatr/tnmtt fa the proJed wiN lx indntded by the EEO Offktt N the aairactWt proadutres for tocadriq and.Nrip mittedly YAP arnployees. d. fJadcts and poatera setlky (aAh the eonbac0ofa EEO poXq wig tx plead h great nadBy aaxodda to ampwyaes,,epp/emis to empbyrnati arq t+deriret atnpioyaas. e. TM eontraeml's EEO pofwyaM the proe«kaeatoYep{elnent sods policy v~ be txought b the attontfon d empMyata by memo d mxtlngs, empbyee Potndbooits, a otfta means. 4. Hecrultrrtntl; Whantetlvetdakgforampbyeea,ttwcairacbrwiA ssdude h sY adwrtlsemenb fa emptoyaas the nobrtlart: 'M Equal Opportunity Errytoyer.' A/ such ~s wY bs placed h pub/etdoru Mvlre ^ fmgedtCUWlort ataxtgnlinailygtrayahdfasnea from wtim the proJeat work face would nerrtta/yDe dmired. a. The oadractor wM, irises preckkled try a wad bmgating agreement, undud aytEsmatlc atW tfkact taaudmen thraphpufrso artd primoh amptoyts rsfehal agates 0oe<y to yldd quai8ed mhodty taects otpoWtWdTmtgr/ygrory antptoyaa, ahdttwth suds idert8fbd aotxw ptoadtate wlterebY nrhlaMY OrouP ~Y be ntettad b Bte axwaela far enKigxttmtt edrWdsratlon, b. M the event the corttrarAer tin i wdd hsrgeiJtg spreenteM providktg far mrcbtdve hiring its/ tefarais, tts is s to obeefva the provlalons dthat agreement to rho exkK the the sydem pmmka the oaltradu's eanp/mtes w/h EEO Wnhsd provlabns. (The 110E rtes held Bid where knptemer><atian of etch spreemaMs have tM effect of dualminating agaYtat nirwrdlea qr wammt, arab/gatea ihs contractor f0 d0 the aema, such Impymentatian vkfates ExecutNe Order 17248. as amerded_) c. Site axwacoor wiN enodaaga fig pnaan empoyesa to refer ~dfYa+Pep~~. btarttstionandpracsdraes fenirg mMaltYOra+p app/cmiaw/I b dhauped wAh empbyees. S, ParaonnN AetlonK Wspea, waking undrtbrn, at#empbyae batettx she/ ba edafitatbd ant adnWiMaW. and pmsand actlons e(svsrytype, ineadrlp hbktg, typdYp, promotbn,tramfa,dernotton, layoff, and temirWlon, shad bs taken M7lftotE regard to race, mlof, re6gtan, sex, na8andoripil,agoadiaabi~r, The fd/oxbtg.procedtret c1m/ ba fallovred: a. Thacon4aalorwgcaductpetiodlcigapaetloruofpryarASlMs to hsure fhbd xaWng ealditiona sndempbyea fee®des do ndindkato dl5atrlhatory boatmen of project a/e parsonnd. b. The carttradorw,ll petlodieaMy ewatats the epresd offvapes paW wi4hh each daasl8ca8on to detanNns alyavidenca of dmadmrw, tar wage . P.era c. TM wttraaor wilt pariddicsly revkw selected pusonnet ectlam h oapm to datemirte whedta tlKn is aHdence of diactkti- na6on. Where evldettce is fotrtd, the contractor wl/ promptry take conectiw action. If the review hdicaMe tftd tln diacrirttkydat may odartd be~pldMw adbrtereviewed, such carectiya scdort stmtl Mctvda s/ affected psmons. d. Ttte Cariractor wn Pl~aly a/ aatnplaMb of oWlga~tlons~conbact ~ contractor h taYlecticn vAdt tic alhmpt to resolve sndtaanplektta, erxf wiM take aPPr'oPdate caneWve action w/ht+t a reatermble time. M the hrveetigvtlon hdicatea itld fM disodrtination may alrsct persons other than du eompakunt, suds eorrecthro action shall include such other f>~~• Upon axttpktion of.am dx eonracta veto htam evgy eomplehati d sd.p(Ha avaates of speed. & TnlnNtg and Promotbn: a. TfteearWadorwp addhtoating, gtta/fytg, andktueatfng the qi/e of mAtorily group arW women engb/eea. era apptieerRs far b. caWatant with the oaltrscMfs work face requNacllmtts and as penriasNis raWSr Federal arld&hroerapraeeoru, tlteMrtbadofaMi make fu1 use Of frafNng programs, LR, spprcrltloahy, and on~hajob traktbq propnrrts fa the gsogroptiest area a eanract psrformerxa. Whets ftstlble, 25 peraM of appnrifua a bakteea h each ooeupa- tionaheabehttwk8ratyesrd>ppcandadipatndritg, hUreeveM a apecW provbfon for ttrsinkfg ie presided undo this cadracl, die wbparpnyh w/I a aupmseded as irlacdad h tlr sp+del pra4sion. a The eofMactor wet adtiaa empioyces tM appdants tar n a awdade trmn-ig progrmm end adrarltt ~ fa cam. d. The eatttrada we pmiodica/y teNew the traWng end prcxnottan polmthl of mhatty gray and women ampbyees and vhp encwrapee6gbleempbyeestaapptyfaetrmtrabtfrp and promotion. 7. Uriorts: lltlxoairacdorra/asMw7nkarin9ytuponuNoneas ^ fotece of tsrphyeas, the cotltrada wdl nee t1hAMlr bast Mato to obtain the oooperetlort d such unfan m homes appatuNtks. for minalty grays and womenwi8inths tmlan, and toaHari teftrrak b/ ouch uriaro d minaky and fmnsla employees. AaBaro by the eairsdcr arMrdaedlyadxw¢t a wnhaetorsaasodation actirq as agsn w/1 itckt;le Bra pracedurts sd forth bebvr. a. The oa+hada wi/ tree txateRala m dawbp, h awpmatbn with the txiota, jdn miring proRams aknod tones-gtulifyhp mac Inasb7g~8n sldb of and women fa membardiphtM Unkm and n~/y 9ncuP h and warren so tltd ~y m%' y for hiphm WNn7 ~• b. Ttw contractor wi/ ttu best effaa-to ilwrporsta an EEO eMtme /tto cam ttnkn agreemen b Ba end tltet cum talon vritl be rxxleachtdtybasid to refm e~ppgcanawlfhoutregardtotlletrraee,odor, mFgbn, sax, nstianM origin, age ar dhaEgiy. c. Thecanbador ~ to obtain hiertnation sa to the refeml pracdcee and poetics dtttr labor unbn booeptthat b the radatt such infegnation la w/htrt the exckeM poasaskrt of the tabor trtbn and sttdt.isba ufla„~ipes-to heriatt attdt fMamotkn to bts catbector, thaoantractor dig/ so atrtHy~ tnaSHA ores stm/ settortltwhataffarts Mve been made to obmh suds h+fanndiat. ATTACHMENT NO. 3 d. In ON twmt the uNan is um61e b provide the contractor wAh ^ roaaatal><. Row a mt,aay ud warren nfemb withkt the tkne Anvil aN forth N Ow odlecftis barQakdnp peernertt. the ocntncta wPo, thraph kdepandent racnrkment aRab, fll Oro st~loyrnent vacanda w1UatR te{lud to nee, cdar, tellpbn, aeir. netlcnY onpM, ape a msHrpRfuRahEOO06dn 9uuftadandPorquaH4bb minally protp parsers and vvanen. (TTM OOL finer held that R Moll W no tnsuts tl1rt tlq tlydon tvlOr wtikh Ore corttrsda has i rolhcthe baryNnkq aRttmaM fq tat exdtrsha tHartal ftlMd to afar mkrarAy empbyees.) In Ota event Ow urdart refarttl fxactloe Pneverxs lhetorttracMr from mttMkp Ott attAyaOOm ptarouaM tc ExeaRlve Order t 7248. uamtndod, and rhea apectaiprovbbns.sueh tar>tradashat immetfiatsly no8fy Ora SFiA 8. Ssfsdlonof8ubeontractan,PronuanroMolMatarplsaM teatirp of EepdpmertC TM tnrMnGar etlsll not ttlecrlmimte on Oro praRds tX race. soar, reppbn, era, rWlorW txbin, rtes err rAsabYAy to the twgdbn and raentiar a stf>contradas, trgkdkq proaaemenl a mksrWs and Naaas a squlprttsnt. a TM txxRracta eMA noAfy aA pafsrltW subcaRradaa and tupptan a tesAwt EEO obApetbm ands veer eonbad. b. Dhadvaumped buakass eMaprlasa (DBE), at defined h a9 CFR 2J, atw Imve equal opportunAy to txxrpats to end pteterm w6crorprada wNch the eatltrador enters Aqo purawnt to Oda oanbad. The txxltrador wtt uN lis bat trfktfa to aoAclt hks Rom and b ut1AZe 178E ~ a subanbadars veldt nbartlnpTUt trinorty group and tanuM Itprssartation among Melr atrploytea. Cardraclon affdl obbht mats a DBE oortsWcOon Rana tram sHA ptwaaatal. F 7MOadradawAl user hisfMM afkrtstotmnar subeonfracla arrlpOrge wfOf Oxk EEO obApaOota g. Rereads urd RsPats: The tmtl6faeta tltsf keep such recad- u MWStary b dtxxanert< tznlptettee wAh tlra EEO retStiremeMs. Such rtttwrds ehaA bs reUkted for a perbd tX three yeah fotlowtg ecmpletlon d ttm txntnct wok and atnA be svaReble at reasonable tYMS trod pgas for hapsctlan by euthorked tepreserttativee of the BHA andtlroFHWA. a. TM rocorda kept by ttro twdrada tlhsl tlxumeM the (1) 7h0 nanber amlrorNy srxtran•mkwtllyproup members xd Women empoyed a each wok t~tROa<lon m the pro)ecg (2) The proproes end atforb bake made h trocpsratior7vAfh rxaons, when appfuDls, ~ ktcrsass txrpbynbM opponurtRba fa nthwrAks and women; (9) Tha progress and artesb Delnp mods h kxuaag, ftitg, tMnkfp, qu^AI)inp, roe uppamrp mkwrflywi tamab enpbyeos: atW (4) TM lxopraaa and trRorts bekq made N securing ltve aervicea of OBE aut~radaa a subcontraetore vMh mesnkgfW mMaAy and temeb repraaardetlatt fntlorq Oteir trmployaea. b. TM oarMactas w-I twbntR an annul rcpart to the SHA each Jay for tM dura4ort of the ptOjed, 7rldaatirW lM fvxntxr a rdnaay, worlwR. and rarrltdnorAy OroW tRrlployMS CrsrertOy argeped IDasM vtnrlydpefRpdori tegtfnd bptlu eolllrtctwark Tttb lydanlwdon la to ba ftpofttd ott Faint FFIIVA•7~1. O on4fte~ob Daklinp b bekg req~d-lN provhla+, Ors ooMradar wW M requYed m calved trod npaf tnlrWg data. RL NONSC-0REOATW FACILITIES (AppAcabhta allFedaelaid carelmctbn conhacla end to al{related aWwnbads a 570,000 a more.) a. By staxnbabn a fhb Md, the axecuOon a fhb contract a atrbcorbtct athe oanutnnmam a die meterlal auppty agrnemertt or purohas order, as appropnMe, tM bidder. FadaaWd corwtnutan nordrada, w6corMrada, matsrfal sWWbr. a vends, n aPPropriete, txrARee ihalfha Rrrn does not makttah aprovida for Ile empbyees any sepiegated MNAtas et erry eta t:afabaatanttrrh, and O>ai tta frm does not 1~ At employtas b perform ltrolr servlca at any Focetion, urdv ks Certfel, Yd10[e eeprepalad hdAAts are mNrdatnsd. TM firrtl agrees OtM a breach of O9s txrtifiation la a vbiatlon a the EEO prowaiam a this contract. Ttx firm MUxr txrOflee tfbt no empbyee wdA be dtx,led areas to adequate tediOes on Ote barb a sex a dlaaday. b. Mused it OVs CNflcatiart, tltt term':egregakd tacAAks" maaru ary watarq roans. work area. restroonu and wastanome, ndauar>ts ud oOwreatkg emu; tlmacad:t, locktr roam, and other sSarpe a drewktp ~u.Patdnp ~, ddNdttp fotutahra, reatntlon a enkrtdanent area, bueepatatan, and bouek+B fadAties provkled fa tmpioyaas wipch aro treprepated DY ezpAdt dirsdNe, a are, h fad, sepropeted en Ore Dash of roe, cola. raagton, natkard oripfn, ape a dfasgMly, beosuae a hebA, total ouatan, a athavAaa. Ths enA' eioCaptlon wAI ba for tt» djeabled when the dernarda ra teoesaihiRy override (e.p. tfisabted ptrrldrg). C. The ,entractes aprwa that A has oDtekted a wiA Obhkt klertdealcaOncaf7on Gomproposed wtxxxWadasamaterieitttyrpasrs prior to award a at6contrads a comunarmtlat a materw soppy agreemeMa a f 10,000 a mesa and Ihat AwiA roam such esnAlcdiorm h tlt flan. N. PAYMENT OF PREDETERMtNEO MiNfftHHd WAGE (AppACabla t0 W Fedtxei-eld combfrdion oordnW trxr4sdirrp 52,000 and to at related eW>caranda, except Tes prgeds bceted on rcadweys daaelRed as kxxt roads a naal rttfnes t7oAedors, vvtdch are exempt:) 1. Oensrat: a. AA ntedwrnks and kboren employed a vmrkkg upon Orc site d teta work wiA be pekl uncondAbrrdy ud not leas oRen ltxut once a week end w7thaa wbsaquat ttadutdbn a rsbsta an any aaourd (aapt such payrolldeduc8aw ere arepamatad byrequfatam (2gCFR 9) kwed by d,e Saer.hry a Luba under rove cep.ww Ad (4a u.s.c. 2'76c)J Ow RtA tanouRa dwages and Dom tide Rippe baneflh (a rash etµttvabnts itferaor) due d fLrte a payment 7he.payrrbtH rive be wmputad at wage rates not ktss roan those tzrtabted in Rn wape deterrnineaon a era Sccretery o(tabs (ttarelmRa •dx wspe determl- nation~wNch h sttadred hsreb and meoe a pen Hereof, rspudleaa o' say t:ontrackW rslaflonsttip whlM may be aAtrped to edN behvesn Ofe carRndaeskstwbwntrscmntrndtpx:hlebaersendnwdlenas. The wpa daitarrnlrudon Carckrditp any addtHatM dusdleaOms and wage aria tbnforrrbd undo ptraprsph 2 a Oas SeaWn lV era the oa poster fWH-1927) a form FHWA•7495) shaA tx poNed at MI tlmea by fM rXlntracfa and Ae .w>coldnctera at the alts a the Work M a. ptomheM and ecceasible place when R can be easAy tan by the vwrken. Fa tM purpose of gds Sedfon, wMrlbuBona msda a aoka feseanably andctpeted fa bona tide kkgs berretta ttrdar SecOat 7(b)(2? of tlw Dtvis•Bacort Ad {40 U.S.C. 2TBa) on betnlf d Fabarera a medtutka era cronaldered wages paid ro such latiorero a mechan- ke, sub)sd tithe provbkxn aStdktn IV, paragraph 3b, treraot. AFSO, far ON purpose Ot thit Sadlon~ ngu4r aMtlbWom made a ooatc kruxtsd for man Own s wsekiYi~etlod (bu ~ kgoRen thangwrteny) tadx pone, runts, a ptoptatm, whk;ft cavern Oa pardcuhr wry' period, sn deemed ro be tzrmtrudlvNy made a.a. s ATTACHMENT NO. 3 or marred durktp each weeWy period. Such adorers and madcsMCs ayti be pea H» sppropriatswsge rye and trk,ge Umefds on Hre wage detamrndon ror Ha cbsWBeaabrt ofwakadu~. pertarmed, wetwut regard m ska, except ee provaed h pangrspfa 4 era S MHim Ssdbn nI. b, LMerefa a tnedtenlce psdamit0 wok h more than ores dnsifialbn msy ee sampemsted et tfa rap speafea ra aeh CaaalflCWen for H» tilts aWytiy wIXkad thlraln, . that ifle ampkyds payrot reCefda aoardey eat forth the tkns spent In each ctaselflcadott hwhieh aiodeia performed. o. AI ndwgs ra tnprprelatiom d the Osvie~scort Ad era rekted 7ep carrtaiined h 2B GFR t, 3, end 5 arc herein hoorporated by reraOnCe h mis eontraet 2 Ciatsi&alion: s. its SHA eantraeHrg omear wad requis tint any ctns d laborer or rrnctwtks ampbyod urtdef the eortraet. tNACtt N net sated h Hta wsge deterrrrYution, anee w tdaeaified h oarabnttenCe wdh the wags delenrrYtatlorc, b. The axttractip ofatar Mraa sPPro++en addaiorai dasaKta~ lion, wage nbara kFge ixmefAS odywMn tM miwvmq txaerb bars bean mat (1) dte work m be performed q its addldoresi euesdlcatlon raquatad a roe p aAarmed by a latla+in ga wasp det~rfitation: (~ tln addsiarW dtaeigeadon k tRl9t:ad h pre eras q as cnratrtrction krdutby; (3) the DroPOSSd vnge rata, hdtrdrfg any ban fide trips bertsfes, bean a rossanebls retafleMhip m the vrepa rataa cCrdakad h Havatge d~rrtetatlon; sm (~ weir rerpsct m helpers, va+er+ such a daaaHllcaHwt prevails tnHa area htMiCh the wok k peritxmed. c. utfacantradora aubcorsnctore, ss spprapdete, the aba.rs sndmsdynka (Mknoun) m be employed h the atlditiortN tdasalgcadon ar thdr reprssarttafires, end Ha contraditg otflar sgree m Ha ohagfiwtiort erd wnga rep jincludtg the smar>tdeslQnapd for hkpe txnefita where appraprtate), a reparldthe sdlarr takertstal be sertby the contraetirtgotacer Wthe pp4 AdrttlnbkatadHa Wage end Hour Dirhiart, ErrpWynrenl Sbrdrds won. WaebFtppon, C.C. 20210. Tie Wags rdFiarAdmh~alor.orana,xfartxdrepreaeMa. tlw, wH appove, ttadBY. of tihapprow suety addslatM daaaifx;adon adlat witNn30 days dnaipt and ao sdvaa its oontraeelp offrx or wHl rletifytfte con4adiq afAcefvAtitltl the 30dap psriedtlutt addillortal fine Is neoeesary. d. bthsevmtfheoa>traGOrasubconeradars,asappropt4ate. dis hboraaar mechrtica p b smptoyed IntnsaddAiotmldaeaillcwon or Htdr rsprosenteeives, andHts tx+rttrstdhg ofgesr do not agree on dts propoeadtdasteificadon andw'afMnta(kcdcsfkcgHa amaxRdealp>,tW farfdnps OateHfs, wfbn sFProP~). tlamrttndkp officer-stns rapt Ha gtrestlona, i^ok+Sutg Ute views d all inkfelted pstda and tla raeemmsndellon d Hre eaMaaHnp amCer, b the wags and Her Amrdnlatreta tot detartYrytiar, Said Adrritrdefrata, er an auHadxed npresOdeHw. wHl ipw 1 dsemNMtlon nHitit 30 days d raCSip1 and so advhe the ooreracHng offaxr a vMl rtoUfp the eonirsctkg aHksr wHtth the 3oary psr66dtat ad~llvrnl time b nsaseery e. The ways rNa (inekdrq btgsfaneNp wfaio aPProP~) deterrtdlKtl t~~ to Pnapaph Zc a 2d d thta Section iV stnl be pea b d wawn perfomchg work h the atdMiertel daseltleoCsn ftatt the Ikat tlay at wtddt wvrk p performed h na canifketlon. 3. Psymmt od Frkps tlartefib: a. WhennverttantiWnumwageratapTaeUWedhHncmtred fora Wa d bbora't ar nadynkshekxise a tdrtge DatefR whkh is reef sxprosaed ae an ~b rate. lira msrador ar euboorttractaa, as apprspnap, wall ekf ar pry the b meth p atked In ih! wepa determine lion a e11ea pay arxMher tats fide ftkgs beltlfa a m harry dit equiratent Hrered. b. H Hte tarsncla a suboadradar, as appragpte, does not make payments h a buttes a atner HYrd person. hHeM mryCOnslda as , part d Hie wags of airy lebora ar medank Hr ernourr d arty poets ressmshlpardiefptad hpravksrg ban9tle frhpe Dmefin under a ptmaprogrmt, prarded, MatHa Secnhryof labarhn faun, upon thavidHen tegraetdthe CMlradef, Hylthi appliuhle standards dHts Oais~Bsurc Ad have been met TM Secretary d labor may regwra Ha Coracscmr p sd rids h a separate aeeormt asaeb for Ha mewing d a1~eHOrts treat Ira plan a program. t. Apprrtieea and Traktees (Programs of the bS. OOl) and a. AppreMicea: (1) Apprenikxs wia w pctmkpd b vaxk at kss Htan tfa prsdeprmiad rap fa the w«k tray petiormsd wMn they ue ernDioyed pureurM m and hSAdraky rspietxed h a from 1kk appraffiuship Propsm rsastsrad wHh Ha pOL, Eniptoynart area TrsHng AdmHStra- Hon, BtrewdApprarcticewlp and Traitip, orvMha SbOe appretdke- tasAar 11retNsl 90 dsYa~dprota~tlonEary mp~itartn an a ~ in arch sn sppnraicaehlp pro~am, vdto a net htirWusly ngislsrM h the program. but who hat been grtifad q the Bureau-d AppnMioaHip and trakcicpaa Stag rppenticesltkr~orr.7 (~-eppropriate)mbn etyt~k for probetlptary employmeed b sn appredica. (2) Tire elknvaWa redo d spprentlces b jarneyrtcert.kvel mipiayers on the job alp h erry enR rbasYicadact styli net be grespr then tfa ratio pennated m the rnnhadp a6 b the attire work face under tla ragiebred program. Arty erryYoyes ispd~on a payrol at sn epprmdoe wsge rote, who b not regta0aed ar sttarMse errplofad a• abed oboe, aloe be pea rrot kaa tfan the appMCabte wage veto kted n the wage depnninsliort tar the dasakio+4bn d vrork aaniwly.per- farrned. h sddsion, airy ePRc+ske peRormlrq wok m the )ob site-h exaacdHcsratlopemihad undsrtM reglskrtdprogram atadl bpaid cat Naagtan the appficabte wsgerepm the wage deOefiMnatbrt for fns worst aettrMy perromred. Wicue • mttraclae a wboathador fs psrfamirtgcaiwtrditnan a proJsct h a bcsrRyetlxitlattHathwfcidt ks ProOrem b repisprod, the reties and wage rtes (eepreesed h WraMSOw d ltd jarmayrnaMevet hourly rNe) >plCiflW N tree Contractor's a subCarttradda reglatered Frogrom wan bs absavod. must 6s psld at rid bse Han Hie rate h 1M app6uble wage detemtFtatbn. Appramoea shag 6n psid kMrpe osraflp h aaardutce web tie ptovislans d tlts spprettHceslAp proprsm. uaa~ixogrsn+doesaolapeeNyMngetsenelRe. eppnrakes must M paid Hte hAl ar1gVM d mrtge tanafib listed m the wapsddaminatlontortheappgcabls'dusiRcatlon. HtheAdminlaWpr fa me wage and Her okfakrt eapnrvrted tlat a tNHerant pno0ce preva7e farHrssppicaDls eppetMicedasetfication. birpessiW 6epaid h aeeotdenoe wah tlwt Qstsrmhretlort. r~.p. ~ ATTACHMENT NO. 3 (a) Inubw«Ma,eaurowaappntlennlp.naTraWnp. r a tRats apprcrrpcesh4 ~Y+eco-n~ed by ate Orraw, witharcwa approval aan spprantk»sWp proytttn, tM torttracror a auhorNtacta wip no ksyw be pamrided to uettze appnralosa at tats than trta amouc+as pry rata kr mt oompr+bte work parforrtred W rspraat employsea uraq an socsptatila propnm b approved. b. Trsksea: (1) E>,apt sa pravWed h 2y CFR 5.16, tfainaea wYl net nt psrmaled ro.wwk d beer 1Mn dsa prcdraarrNrssd rate for dse xnnr psrforms0 tnbss they are N»Piayad puratarnt to and ksdWidually rapbiaradln•proynmwhkh tW raeelved prbr appravN, avaerrced try forrraf adtifiettlan by 1M DOL. Empbynrent ad Tra W ny AdtniNetra- tion. (~ `The ratty a tne,w ro )auneyman•bwl ertptoya.a an the job sea.naa rot ea yrssbrmtn permeted under nro p+~ apPr~ by fM EnsploynMm sM 7rapnkty Admhlekatgn. Airy smptoyse atbd an tM payroll N atnHna rcG who b ltd tayfatasd and prtidpdksy h atrekflrtypbnapptawdbytha Empbyrrwtand Tralrstny Admhlatra5ors shop M pall not bat tlun tM spptfetble waperate ottthewage detenN- rsartonfattlsacMsifiaa5orsaworkagwltyperlarsted. inaddltlon,arty vtkroa parfornisy work an the job sea h atccaaa a tM ratb txmtated rrxlr Mn rapMercd proprms aloe be paid not less mrrthe apppcabb waye rata an yts wags tbtxrtimtlort farthe wak adusay perrormed. {~ Every trckses must N pall et not rasa mars tree rata spsetMd h tlw approved ProGram for hhlher level a proyroas, e>grrsssedaapercaNepaatM)wmeymrt~tavYrwryrats apectffad h 1M spppcaDta ways dabrmYUdon. Treksem chap be ~ frhoe h.rnntalnax«dawawm,mepro~l.aiuam.tr.aw.proynm. ama traktss program dace not meMlort Mtge banefde, treire: atw t» pakl tM hN amarna trepa t>orralna pNadonlMwaysds6enntnadartunlaas the Adnirtbkata a the Wage and Hour pfvbbrt deDerrnkse! mat mere b an apprrakwahp proem assodated vdpt taro eorroaporsrpnp jotrrtsttrms•level ways Ms an thewege detetminatlan which pravktes far beer men NA ttkpe brsetea for apprentkea, h whkds case such traktaee chap receha the acme trkps hasNlb as apprerWcen. (~ Inthe evemthe Ertspbymerrt and 7rsinug AdmkslwNbn wltlsdlsws spprovdaa trakskg Wagrsm. the eortracroror wbeardrao tawtl to kkryer W pamnfW ro aRxe lrckfees N beer than the apppca- ble predetermltrod rats fa tM waric performed urAH an sxeQtable program b apprarod, e. Helpers: cbesiflcadorthipecifisdand others app6cablewagedaem trpiau Clot tx b approved pursuant Io the caaorrnetstx ptocadroa sat tarth h Saabs N2 Atywakr gated On a {uyroU N e helper wage rate, wta b not a helper under a approved dsnnkbn, .trait Da pakt rra bas then tlro appgcadewsye raa on tl»wags detemsYtatlars car du ebsanlcNbrs awsnk aauaey psrtarmW. b. Apprantku sad Trakraas lprawama of the V.S. DOT); AppremkM and trehnass workkg ursdsr ryprengcsatip and skal Trarnpag4l~on q pramtlrsy EEO MovaMi tb~it w~tm F a ttlphrvay eonatruagon proyramt aro net wbject to tM regWrarrssras err panprsper A a uda S.rt70rt N. Ths atratyht tktw twsaty ways rata far apprenlf esa and trakrsss tatdr such programer wie M aatah6shed by M» P DroOr~• Tba ratio a spprastkas and tranroea to iamey men gall nor W ptaNr than prmgtW by tree forma a the paMCWer proyrarn. e. mudraany: Tne SHA chap uponaa own action or s;xmwrlaat reQuat a an authori:ad reprtaerrtadveotn» DOLwatasoid, or oeuae ro bs wehhvW, from dse tardraatOr a aubeontraator under mb canuactor erry other Federaieorltrect with the acme prkne eonhaaar,aaryodrorFedarsty- satiated corrtrad su6)ea ro Osvia-6acUS pravtalNtp wage tequkements which b held M Ifre aams pnme aMraclor, ss muett d tt» accrued paymema r eavances as maybeearmWerod neCeawryto pay btrarers: end mxhrfks, haudny apprerttlas,trokxes, and Frolpera, empbyed hytM Carefaa0rgr rW ~dfe/ul amaasl a WaQearlgtdred by the contract. In the avrst a fsilun ro pay any 4borer or mechrvc, InckMirg arty apprsnpca, (taksee, err ftie~, enfpioyed Orwoddrp m me exa a the work. ap or part a Dte wayos requred by the eattraat, the SHA wBraakr9 OftIOK may, aRer Wn1t011 fwtka ro ltta contractor, bk! each aetbnse marbe neeeaaaryrocausethe wapenabn aertynattxr payment, advance, or prnraMee a Turlde urdp atadt vblNWne have «~. 7. Ovrrtkne Requtrrnarrts: No cagractor a autacatstrador eoMrceeny hr anY pert of the aontraa work vdriahmay ~s a hvaw tM srrpb„nenta hhorara, rtreeheries; wntetersen, err ytrrw Cxrdudkg apprsneeea, trakiess. and tsepen deacrarM h pmps{ASS 1 end s atrow) strap tpvka err panni: ary taborer, msersenk:, watarrtars, a yard h any wwkvnek h wNar hdahe b anrpbyed on strata work, ro vrotkNaaass aaa twurs in such wortcweek unba such laborer, mecirsnk, wstarmart, apYrd raaeh'a ampeneNlon N a rata teat-kea than on!-arsd~rhttan nn±.a ttalM; Davie rate of pay for d trouts worked h aacasa a a0 hears In such wotloneelr. 8. Vlolatbn: LbDpey for Unpaid Wspss; Uqukfteed :. In tare event a snyvbbnat ame atsuae aN term in paragraph 7 seove,nse corweUa and+ny stdscantrectorreaponeWb itsersofshapbe raDbtothe atfeaed tmpbyea for hislnlr unpstd wayea. N sdaean, such srontraaor and subaantrrsaor that) be fsrbb ro the thread 5t.tes (In tfse Cats a work done carder corerta Tor tiro Dbtrra a CakxnWa a a terraory, ro such Obtrkt err ro such temtay) roc ikryfdstsd damages. soon iquidated damsyea atva W eorrqutW wah rcapsa ro aadt intlwldsnl bborer. medgnia, wakM»rs. a ywrd M+PbYd h Nabtbn a tau ebuas set forth in penjpsph 7, h tM wm a S10 far each eawsdr day on whkh such employee was roqulrad err pemxlted ro work h exau a the NrdaMwarkweeka40 hevawithout paynreM ame Overtime wepee ragttted by tlx erww sN fotM h phragrapts 7. 9. 1rAftdwldiny for IMpaidtNayes and l3qutdMSd DarruyK: The SItA chart upon Rt own aatiah or upon wretert roqued of any aWsoriud reprauftetNe a me DOtwlthhold, a txuae ro be wpMek, ham arryrnar><ea peyabb an sccotntafwark performed bytM corrtnc- tat or subwnVador under arty grab contras or arty ether Federoi conhutwlm dxaama prhx eatAraatar, otartyagwrFedealy-aeshtaC aonVaa sstbjeatodte Cots7aG Walk Hausand SaNty 5tandsrda Aa, -Hflctt b held by the tams pdrtre eortfrac0or, ouch etsrsa u may Da attamnw ro be rsseessery b utlay aryr peep ti lea M war contractor err sut>caVracmt for urpsid wags std bTpdated damages N Provided in the aqua set tarth h parayraptt d atwvs. Y. STATEMENTS AND PAYROLLS (Appeca bb ro all Fedealald carmtrudf on contraela rxceetruq S2.OD~ ant to sA tabled subcontreae, e>axpt forproJeds bated an toedHays claaaifwW m fecal roads err naafi capsaaa, wthkh arc exempt.) vq.s ATTACHMENT NO. 3 1. CompHancs rrith CopMand Reyugtbna ~ CFR 3): The eontnaa abet caoY+tY with tiffs Copebnd Rsyuistiorro d the Ssastary d Labor whidv aro twraht tnoorporatad pp rarsnnce. 2 ?aYtoMa and PayroC Rsectds: a. PaytoMs and besb records rebtlrp tfwrsq shN be mekr rained by the arttrscta and each sutxxrdra riot during the twirse d the work wvd preadvad for a period d 3 years kaa the daq d wmpktion of the eantrad far N bborere, nreNwNca. apprattticas, trainees, watdunen, ftelpas, and prarda wor-iny at the stta oithe wok. b. The !'op'al raards atpll amain Ilse name, aocwl security camber, and atkfress d each such employee; hb a her arrcet eimsiHcatiorr hourly roles d wages Para (t>ekxarq tales d antrrhto- tlama costs antiepated rot twna fde fM1tge txnafRs aaah agtivakM Afdadya w'~Ynumbdd~o~n twaim~)dWueuons etude; and adud wayea para. In addtbn, farAppabWwt arrrscb, the peyroH records sttN oohgh • rldatkn gxacnployss dues, a dooa red, rgtmaMy resko h tiw bhat area a darted h Attaclrnenf A,prnOraPh1. WhdwvertlveSaaagrydla~or.ptrarwdgliectbn lV, pwagraph 3b, hn faraxllMdthewripes of any bbasr a rrredurrb fnekrde fta amour! d any coq i' artfkipeted h pryAdvq NenaHq abler. pten aerogram aaermsd h S.dbn,roxma) dthe Davis BacatAd, the arrractcr and sack wboorttraUa shetl msitdekl records wldeh anew that the arrrriMment m povwe such bdxHq b edaceable, that tlx Plea aproyrdn b }kfancbgp responsibls.0tattlve plan a Ploynm has been coneraarcagd h writkg to the laborers a rtiectwnlca afhcted, and show the coat arrlclpated a fhe actual act hctand in providrtpbdvefda. CarhscMrs aauharwgeton earpbylrp apgrerricee atnexee utdarapprovW proyrema shay rtmkrain wdlgn evidence d the reyistratbn d appratACea and trvhem, and rmros and ways rMes Pied h the apptkadre P e. Each eamacmrandatbarttredotataukuNah,~chweettin wllteh arty contract lvork b pedamud, t0 MIe SFiA nelderr engineer e t d Para each d w srr~loyees (karudtp appreMtaro, trahtaee. and he¢xrs, described h Sacflat N, persynphs 4 era S, and wakrrttdl and guards eripsged on nark durkp tlu preeadkg weeldy payroll partod). 7hs payrol tutxrWgd strN sat out aaurNey and twrnpbtely s6 d tlr iMarnwtion regtrrad to w rnakraktad undw paragraph 2b dthb Seetlorl V. thb htlarhtation ^dYbe subnrtkd h wry form deslrW. Optional Form iNHJd7 b ava~hle fafhb papoee wtd array b0 puduwad homtiw StNedntendantdDacwtrenq (Federal crock number OQB-0OS-0074•t), U.S. Cavettatwnt PrY#Mg Office, Wawrnyton, D.C.20402. The prkne aMracgr w teaponeible fa fhe aubniiaakn d apla d peyloys by M aubaranvotors. 6 Esaht>syrolwWnNtedehNl6saaompaNedbya•Statemdr d Cartto~tce," sipnea by the arrrador a wbarwacmr a hbfhd wtw Pays a wpeMeee the peynwt of the Pereona ertptoydf undo! Itw caiwact and atarl catty the foHovMy: (1) thsl nw payroa for the payroll period arAakvs the kNamMbn requred o f» nwhtairted under psregrapti 2b dUra Sectlav V end tltM suds kMantt•lfan b coned and twmpkta; (2) ttml mrh bbarw a rrtechatrc (kickldkp each FaNw, appratdke. and trainee) empbyW on the antral durkp 0ts payroll parlodtw baenpakltlw h+4wsefdyvnQeaosmed,lvNfiout rebate, eH1+er area y a htkredy, and that no deductions have beds made e4twr tHractly or a,drectiy hom the kA wnyes earned, other tienri permbsbk dedudlorla M eel fodh h the Repuletlona, 28 CFR 3: Pw.e ~ ~~~t~sa~ bwv~d a ritediarac has been pall not kaa ttw Cringe benefdt a coat equNawra !orate olaseiHcation awuttced peHomted, as speaRed h the appHcade ~ ddentlkwtbn inarpaated tdo ute contract. e. ThewsaidystdxNasbndepcopdyaxeadadcedificadoneet forth on the nwrae slde d OpUonsi Farm WH34'7 anal ssNSy the requkeniera far xr6ntbalari d the "Statement d CensaWvca" ragtared bytmr~arh 2a d thb section v. f. thefeleMatiandanyoftlfaabu~eurtlficahohameysubjeat the aritraua bNVd aerimkw proeectRbn under tB U.S.C.1001 end 31 U.S.C. 231. g. Ttw atMnaor a wbcontracta shat make the testae rsqukad urdx pdapraph 2b of Ctrs-section V awbhie for rwpection, FAA, a tlvs DEC ~ ~~~ ~ o/ the SHA, tla enpbyees durkl8- +g bars an the ~~otivea to inlervkw autkwnbapor Leila to wbmit Ufa job. N tM anMecta a requYad noarda a a revoke them :vaiable; the 9NA, b,. FtM/0. the Dol. araltrmy, amer nriteat naiu W the arttractor, apansa, appscwit, a owner, fala such ectiana as may W necessary b awe tlva wepsnslon d atiy Nrtiwr payrtrdN, advance, a yuantree d funds. Fwllrenrwre, fsihae to submit the nquYed ncada upon request a b tMke ouch !aorta avaNabte may he pounds for deWrtnde action prawn! ~ 29 CFR 5.12. Yt. RF.CORO OF MATERIALS, SUPPLIES, ARO LA90R 1. Onafl FedarN~aid attracts an the National Figtnvay System, de ratlrosd >lrwe wfdch aro anetrue0 dana fares aeoourt a atna ktbor twsk, tdgtrasy bw+ti0eeition rwnlraas, and araracq fa nfrNi the toml,ikw! twtretrugbn cwt br roeMay wd 4idpe b kss thaw 51,000,000(23 CFR ip~ the ardngar ttW: a. flecome ratifier whh the Hat W epeclHc mNertals and suppHea antaMd h Form FHWA~47, "Stelenwrit d Materiab and Labor Used bft Caritradar d H~'eY Corlebucticn knvtdrg Federal Funds; priortotlvsoanmenoanwnldwakurderihkaNract. b. Mekisinarocad oftMtotalastaNnwterwtsaMauppfiee purcheaed to and harporated h the work, and sbo d the quarrtllws dlhoee aPec+fp Rlakliab and wppies Yated Orl Form FHWA-eI, and h ttw urra etwnn on Form FHWA-47. e. Furtrkr, upon the arnpbtbn 0<the antrtracl b tlva SFtA reaWem arigkrceren Fomt FFiWA~47 bpe0wwglthe data required h paraprapti ib rehtive q naNdbis andsuDPHee. rHrW bbor sumnwy of ap contract wok indicating the total Iwtra narked and the tagl anlouraanied. 2 At tix prlnw oatitractafa option, stttvar aatriyie report coverkiy all arrnct waft d aaparate repots 10r the oorWaclar and fa each subcorrrsctstNl he sutariktcd. V0. SI~LETTINpORAfis1ONWCeTHECCNTR/tCT 1 7tw ariracta ahaa pertorm.wsh He ova! oryatitialorv arirad wok anwtarkvp to rot bse tlisn 30 potent (a a grpNrpereetiaye Y Weckwd abavRwrs in the eoritad) of tlla rata adpNial ardnet price, etyspedakylkntadasipnagdbytheta'bte. SpedNykems ~~~ b1'urbcorrracY@gtheamouMdanysrtdtepaelaky _ tnaybedeauaeatromavetotdorrpfimanbaapdce ~ar~o~~~k+g C~wCaFkRr~ to W petfombd byttw ATTACHMENT NO. 3 a. "da own apaMalbn' Mad ba oornbtfed to Nrchtds only aofkara etnpkyed and Dab tllcsWy M the lK~+ Cararaclof atM squysnertt Darted a reread trl Us prime aratsctar, with a wittout operators. Stph isrrn dr»a net kicAada srrrpioyeea a eWrbtneertt d a auboantrador, asafgrae, or spent d w pMra cantracta. b. 'Spettaiy lbrro'ahai fx crostrwdtawMraltadbwak Drat requkea NptltY MsotMkae >mmt'NdW, ahidtlas, a not ordkttdy evsAsWe htM typadmnMactlrrg arnan<mSen quaRUed end etgreded b bid on tM totYract as a whole am h genera( era to be intlbdlo mkra r:omporwnte dMe overoN contract. 2. TM CefkaU amount teal whkh the regWromanta set forth h paraynptr ! d Sectbn NI tscomputed tridWes UwmstofmrtMN and rrppfufadurW ptaducts whkh are fo ba purWaed or produced by Urs aarMraCeor under tlN darara4l prorleloro. 3. 7trs cnntndor NWI tumiah (+) ^ wmpetent atpaAManderM a npsrvisor who fa employed pY the Omr, rtes tut auUraily b deed parfmrrarra d iM wddrln scardarrea wilt the terdrset requiemsrtla, and k In t:hetpa d all catsbuefbn operalMns (ragbrleae d who psrforme U+e warlr) nrd (b) such other a Its own agga+txrtwnd raaorreaa (strpsrvlaion, nruapermnt; end argireerMrp seMaa) aothe SHA CaMna4p alker dMMrnYras 6 necessary to Haute tIN peAor- nrancs a fire oar4act. 4. Alo pa0a1 a tlN CerIVJCt atrN Da satbld, aeeigrled Or~atlrarNfaa mad a+rrowt with tlra wralorr m>snft a tta SflN oorrtraeting offkw, arwUwrksd rs(^saat>uWs, and pM1 awnserR wtwn given shei Hoe be eamhued to raiew uw oawactor a.ny reaporuibaiy roe iM tuffdkrreM d Ua eonUad. Wribn eauent wii M gkat any aAa the SHA ttaa aseundUrrt each tubcadraR b svklertcedinwtt;krp srdthrt R eorrtatrla all paNnera provbtars and roquksnMtUS a the prime cortbad. Y~. SAFETY: ACCIDENT PREVENTION -1. gttMpurorrtrnceaWeurdradfnscantrecCaahNleanpywNh a4 appio~la Faderat, Strts, and boa! laws Slov+nyrW safay, trestlh, and aandatlart (23 CFR tG5). The oariracta afUi pratda al rafeguarda, safety devka end prdectivs equlpmmt sn0 tatoe any dtlter treaded aotbna a i detennNea, or as the 9HA axrtraet4rp ofltosr may Wtmnats. b be roamnady rreaesaery to protect the gfe and health a ampWysesonthe)obaM U»..raya rise pubdc ar^I to prdad property 17 corwleci>ort with tl1e psrfammree ache wwfc mtiered bythecontract. 2 B b a wrrdibn a this cawed, and shed be made a analdon a each sugcoratract, wfddt the corkadar aMns aio pustant to tlrb cordrad, ftrrtUresotrtractor and ary ~ atw not permirry ampla)w, h parfartnanoa d the oairact. to v„xk M srxfarndarps a under wrrdldarrs which acs umeniary, hazardous a dangaara to tiamsr heeih a safety, n detamYrad under eanetructlrrn aahty and heaNratardarda(28CFR 1n26jlxarwlysMdbytlrsSaaatarydLabor, In aaordanoa wdA Section ta7dtna Cordract Work Han and Safety Standards Act (40 U.S.C. 333). 3. PunwM to 2g CFR 1828.3, i h a candibn arse cantrrd flirt iM saastsryd cabaa auMrtted rapnwraathe thetas, sMll have rghtaantrybanysMacordrad perfamanca w Irrapedafmwtiyada tM maUer a cemprautCa wih a,. eorlenlwden eafary and Iresmr etarrdarde arM m oarryaA rite du1NS athe Seoretay u+rler5scdan f 07 a Ure Catind Work tour and Sefdy SgMarda AG (46U.S.C.333). IX. FALSE STATEMENTS CONCERNING FUOFlWAY PROJECTS In adarto aaawa Ngh gtaity and dcnabM arratrargkrt h eontormiy wAhapprovad pins andapadfkatlona and a td9tt dspres draUabiayon s4tarnsrda end nprasenutlona mods by enpkreers, eoriredas, wppdars, end workers on Faderalgkt hptnrey projects, i k esserrtlat flirt ai petsare wncsmed wdrr tht Project Perfertn theft funotiant as cereiWly. thorwptrry, pM horyaty n poasilrk. Wilful hbificrtbn, dieiortbn, a misrsprNentadon with reaped to arty facts refaced to tt» project k a vkeetbn of Federal tm. To prevent an!' ~u~+tlY+dng rM+r~g the aariousrap d these andsatxwacb,thetoioatrgnaNc. ahai ba poatadaneach Federal-^Id ~'++Y Pry Ct3 CFR 63.7 In one a more places vmen a i^ rearfiy avrleMe ro ad persons eonwrrxd rMh the pro(eet: NOTICE TC ALL PERSOttl1El ENGAGED ON FEDERALJ,tD MKiHWAY PROJECTS t B U.S.C. 102D raadt p loiowe: 'Whoever be6+p en orUce>: agent, arartrploysa otMa Unksd States, ora^nysrah orrartrlory, orwhoewr whsmara parson, aasodaaon, Am, a tyrporaabn, knpw#tgly melees any hlss stafamant tahra rspnsanhpon. w fir4ka report n ro Ora u+anehr, qustty, quaMdy, or cost ottlra mebdalwada ro 6e used, orNa 9rrMAYaWaKY wrt» rustle penbmNd of b M parlbmtad, a fM cost tlrenolkr connae6'oa w,rrr dfaaaem'saron Wphru, maps, ~, conbarJs. orcosta areohaatreaoh Ori MytdgtlWfYOrfefafW profaef aubmAtsdlbrspprovef ro Ne Sacnrsry of Tienaporb&on; a sport arh&e WNn x~ hFsasfata+nertt, fekarsprosaMaYon, respect ro me eharaasr, gdaxy, gtranfify, orw.s}otanywork perlormad aro M par7Wnrad. anuhdavr ft1RVShedaf ro ~ pnldsfler/, h oorrrlacebn N7cYr llla CORShdCdOR o/My highwayarWtadptoJeetapprovedbyg7a SaerefaryotTmespodsaon, a Whoever knowingly mama any hba slahmrrd w h!r rsprs- ssrAarfon n ro nrehrht lid Harty sratarraant. LartMoab, w report s'ubMded pursuarM ro pravisforra a'dra FidaraH/d Roads Act apprevsdJvy 1, t9fA, (3D Seat 45S}, as aid andwppkmerdsq~ ShatG Mad normae tnef S 70,000 a»yufaonad na mss Mart S years ortwM.' X, iNPLEME'NTATION CFCLEAN Atli ACT ANO FEDERAL wATet PoI.LUTIOrt caNraa. AcT cAppikabis 10 ad Federal-ant oanamwtion canfrads end to as rutted aubeoraraets of ft00.tl00 a rnon ) BY abrtdssion a Ursa bid a the axaruUon of flits cor>traa, a aubrnn. nil, as appropriate, the bidder. FedaeFaq Canabta:Uorr cantraaar, or sut>canbaota, sa eppropnate, w}a be deemed to have stputated ar fadorrs: t. 17aR eery heA~tUrat b a WiB be uiNzed M Urs px}amrwa a this oontraq, unkea writ earwect b exempt urdx tM Ckarr A4 Ad, as amended (42 U.S C. ! 1157 rte., q amstxkd by PYD.L. gt-004), and under me Federal Water Po4iatloir CarWd Ad, a amended (33 U.S.C. 1751 «+~„ aasmarWed by fhrb.L 8260D1. Ereecutlva Order ! 1736. arr0 raAIAaUOna n lnrplemeMalforrtMrea (40CFR 15) is nil irtsd, on ilia role a contrail award, orr the U.S. EreNdvnetaat PtpteCSlan Agency (EPA) lht a Yidedop FacRges pursuant ro 40 CFR l5.~0. 2 TheittllekmayraesbcompyandremslnlncompNanoewdhatUb requFamenta d Sadion 114 am. Ckmr AkAd and Sectlen 305 dg,a Federal Water Poiulton Cartrd Act and Y re9WUars and guklaines iaffld Urereutder. 3. TtrM Ule Ifrm aMd prompty noitry the SFtA d tla roodpt a arty from Ilia Dlreda, Of11Ca a Federal Acdvitla, EPA, ablcatlirg tlut a taeWtyMat faa 7Ni be utiJzsd fa Ura eorrMact b under ca+abasUon to ba irted on the EPA LFat a t4olatkg FaclNBee. aver ATTACHMENT NO. 3 4. That tM fxm apnea b trtchlde a eause b be hctuded Cre requke- merda d penpratdr 1 ttamph 4 d Mla Sacflon X h every nonexempt fUbCOrrtract acrd Mawr pees m e>tu such attlon as the povamrwnl may dead ss s rtrasm of etdaroirq such ~. XI. CERTIFiCATFCH Rt-0ARD(Np tDE6ARFC3NT, SNSPENSION, RIEiJ41&L1TY AND VCI.UNTARY IiXCWStOM t. IrobtroCons for CNOilleatlorr • Prarwry DOVefed Tranaae- tlarla: (Applicable tD d Fsdsnl-aid cartrads • 49 CFR 28) a. tly srpnirp end autxnktirrp tidt propaeal, Cw proepecuvs Wh+ary P~WM b Prb+'~n9 the artifieetlorl set out belay. b. The tnetdlky d a persanb prwkM Cw CettiRCrNatl set out bebw WN) not rllCeaprky reaUk h dMlel dparCCipation h ti4s covered transaction. ThsptoapedMpertlrtipaltatuksulxtatanerpleratidnot whykesnndProNdstlweettiflcaHatratodbNow. Thecatifieadonot exphuxdton wi[be tamWered h carvlectlorl wkh tlx 0epadrartt tK agarxys deterndnsdorrtMtetllertoenlerirdoCda bsnaedlon. Hawvsr, fa*are d the P~Ps~vs P~YP~Psnt b Mnish ^ wrtillcsdaner >ftaA dory such a person from perdeipatbn N tuts a Tta cadncstiarl h dlts t4aras b ^ nlrA.rw npresetdatian d faU upon whkh re6srrte wa plead vNwn Cw departrrwnt a speney determkwdbardainDoCdstttnatdiar, IfkkMterdetermkwdlhatCw 0 primary pehirdpent barrggh rendered an errdrtecas drtiRadbn, h addkbn b dtwr nmsdas avetlebb b tM Federal GovartvnerrC the depsrbnent a apvncy tnsy tarrnklete Cde ttaruaaion for aVq d dahull. d. Theprwpettiva Primary pmCctpalt sludl pratkle invrledale wrkbn notke to CN tlepMrtled a sgxwy to wtgm Cris proposd h sutxnkted J tsry time tht prospective ptkrwry parttctparttkertw the ka adNkxtlon was erraneoua when subtmbed or has 6ecbnw artawan byressondehargedciraxnstarrtxs. - s. The-terms 'coveed hansaction." "debsnad; 'auepended," '4u9glbk: "lower tier covered trarreadlon,' 'pahielpanl' 'penwn,' 'primary Covered trsneaction,"prvrcgN; 'proposal,' and lroprrdarky sxcWded; as used h Ctit treats, twe. Cw mardrps. set ad M the OeGdtiotu a,d Coverpe seetlona d nAea htpNnwnWp F.xecutlve Ordx 12549. Yoe may eat>rsct the depathrant err sgMayb wMeh Cdr proposal a sutxn3ted for saaratanq h otRaiNtq a ropy d dose repubdions. f. T ~ PMwy Parhepenl sprees W suf>nsti+p tree k strelt not Imawkpy enter~k~~ laver fla~owar.a trmeaetlan w~~Cr s txrson yda ie doberred, auepended, dxlNed heipble, a vdurdadh exekrdad from partlelptpon in lfdt covered trernaction, unkur wtho• rizad try C10 depuhrrnt of agency etdartrg kfto tMs tramaction. g. The lxosPsdlve PfkrwY patlelpant hatlrer eDnea CI subrrlRgrgthie propoaatMtR w{kincbrdethe cMuse tiUW'Certlfieation Regardnp DebamlaltSuapxlebn, Irwflg(eHkytrat VosadaryEzeanton• LowwTMtCtnered Trulas~m,'ProvldedbYd+edq~tnantotayentY entatrg klto Cris covered transaWotr, vrkhaR modAkation, M ak lower tler covered trawactbns and h d so9cltNlorn for tower tler coveted. baneactiau. h. A Psrdctasnt h a revered bargedlM mat rely vise a tartitlcalbn der prmpectiw pertrGpad h • bwertler ooversdCaneac~ 13or1 Cwt R not deWrted, svaPt:ndad. hsltytls, Or vdafdarity aG9uded from live covlrea transactiatr, tadaae k krowa tlxd ltN COrtlllCatlorl Is txrarrcow. A Wrdc4ard may detdde the mBCad and v.e. a 6equeraybywhiahkddamawaCwekpkANydkspmcrpals. Each pedkiperd may, bul is not Ipuircd b. Hftck Cie Mnp[oaewnwft. podWn d na Rita d Patties FxebdeA From Fedael Ptodeetiwnt a Norlprecasmem Programs' (Narprocaremerd llegwinch b txxnpaad by the Gerwrd Servleas ~ 4 NdhapcorbaadhCwforagoitpstWlbecotxtrtxdtoregrira nteWstrrrerit d s system d raeatda h adarb rendeth pond hkhCw eartllicsfan re~Med byttss tows. The WroNlMpe and-Infatrnatlon d Pmt M not tequsad tc rased Cut wtlkh h tarrrway possessed W - pruderd Penan in the otdtrry ooiraa d hushese tkalage. J. Extepl fortraneattlont atrprettzad under paragraph f d tllese hebWlorw, tf • paRktpant h t Covered trstwsction btovAngly eixers hb s lower der oovercQ tnrwsenon wlltr a paean vda rs suaptxtdod, debansd, hekgIDle, a voturCsrily axchgad from participation in this hamaction, h tdddion b ogar rsnteMee avekebfe to the Ftgarai Ciowm<Iwrt, Itw deparbnent or apenay may lertnirate the hatunctiar ttrcause or defauk. ..... CertlCcatlon Repardpq-Debarnrwk, 5aspensbn, bwppibCfly and VopmWy Endusion.?rtnKy Covered TrnraacUont 1. TM PrknaY tP~ ttt4Res m itw beat d ks laowkdpe the txt9at, Crat k and ke prax:ipals: a. Are rat priseMly debarred, suspeneM, proposed Yor dsbarmat, tMelered heYgWis, a vabntsrly axcaafed from tovaad harwatdkrw by any Foderaal tktwhrwnt err apaeay, b. Have notwkMn a ~Yssr PHtod Pnx~erp Cps propoW-bwn catr+lcad d a had s NW pMgammt rerrdend agaawt Cwm Rot earnnlisabn d thud a s txiryrrH otfenee h cannectlmvrkh abtakdrq, atarrpgrig b oMah, a parfamirg t pWkc (Federd, State tx bpA- iralsactlotl atarrfrad aeries txrbik 6aneacdotcvloNttorl dFedetdat -SMe aMknntststuHs or txtntdselon d ernbealemeM, Call. (orpery, br3wry, hbfkcatlon or Aeshuc9ona(roeerda, rnskig fable staaernerde, err neeivYp stobn property, c. Are rot presavty hlMGed br or dhervMse rasnkWy or tdv9y Nnrgsdby ^OaremmanlslsHkY (Fadaal Stale err basq wftlr eammis• aloe day dIM ottenaes axarlerated hpmagnph ib dtNe eertifica• eon; aw d Have not wkhh • 3•yesr period Preeedtng kris sppkas. tlarvprotaset had ons err mots putdb trmsectlane (Faderat. Sate a latel)tamwulW fat setae err dafauk. 2 Yvhers Cw prwpsatiwpr4rory participud k unable a eeditylo any d the atatenrerMa h ttds certitleaCOtl, such proapeaCve ptaticipant aha9 attaeh an a~hrmdon to gds propoatl. ..... 2 MstrucgarufaGertl6eaCon-Lowsr7brCOVerMTnnsx- tYans: (App9cabq b d errheardracfa, pufdlpEa ardxs and other kvver tix~ trarwaetloru of i2S,0g0 a more - 40 CFR 291 a. By stynin9 and sutxNtdnp tlds propose, tta ptoapecWebwer flat k providing the certitieKian set out below, ATTACHMENT NO. 3 b. TMCatdkadon n pYs cLne! Y a nubtbl npnsemaYOn d faq upon vAAeh tsYrree trot pbaawMn MktraruaeHtatwaa enlertd InOo. If R b-latK dalarminstl itld tM proapeaks iwhr Her padldPVa msdiea rvaNn6la a tM FWSra1 Co ,h Mpvtn»M, or ayaay wlth wtYch tlYa bansactlan arlpkubd my puraw avatlabb rsmedln,incRWkp auapsmbn aMYOr debttnieM. o. 7'MgKO^p.dk^ awr Hst parHdpeM atuR.pralde inmedbte wtRtM nods b.tM persona whkhlMs prapossl b autarsdad H.attnt' tMns tM P~F~~ kwat Her partldpM tearrn Mx Re cedMcstion wss entlriep» by teesan of durgsd drainutat><aa. d. TM terms •cotefed tfatuexdon," 'dabmed," "aucparded 'ktaYyihis; 'prktbry tovKM tranaadla6' padlcfparrt,' "person," ~prridp.1."PfopotN.'KW'1o~MnRYemlud~l.` as uaetl Inthlaelsuse. have Hu maatYgt se! out M the OetYYtlota arttl Covstaye aeWOne•ol Mae fmplxrbiHtrp E~aaMs OrdK 12549. Yau may contact Hre person M which dtis proposal k subtnlltaltor aatshr>csb otaekrYp ^ Dopy d daN rspuutlotta. e. The prospsdMl bwwtlerpaMldpaM apnea bysu6niltYtoH4a prapesalttul,.ahotrta MapropnW coveradtrYaadion W aMKW kite, R atbA not tatowArtypr faxK tna any tovrK HK eaverediraneacdon wah . peraan wta b dawrrad, susparWed,deakrW ktNlylhla, ar vokntariy esduded trom:pattlclpetbnln fhta eavafad hatutatlOrt: unleta suMo- rfxad byth! daparNwM orayeneywYhwNdt tf9strruacdari atipn0kd. L TM prospadhne lovwr for partkipant Nrttar agrees W sufxnRHrtyHis propoW Mat RvAA krdrrrdatl94 wusa Wed"csdifaMion ReyaMNy Debermmt Supaebn, kf eYQIbIYy~ and VaRkR V y Elx9usim- l.owrr Tbr Covered TnmarAfon,' wYfaut rfa~ffctlkn, M aR bwet tier cowed irarradlorb and In aR toNCRederta fK lower Her covered VYMaCbGfb. ¢ A pardegM h a eowfed tnaxuadort may rey upon ^ artlllydYon d ^ pnxpactM parddpaK Nt a knaet tlereWSrW trarteao- tlm 1Mt r eat dsharted, suspended, kfeApA:ls, K x~lumarpy sxckWad from lM coveted Ranracdon. uNaaa R Wawa that the cardllcallon b erroneous. A pMatpaM mty deride the msdfod and frequency by wNohHdebrrtrltteatMaY~ltydibprndpab. EachpadicipeMmty, bul b red raqulted a, CMCk Ma NanprocunmerR lbt h. Wothkfp caMalned kl iM toteyokty sMA t» cartthued a requka sstaEHshnfaM da syWm of rscaMa inadK a randK in good hdh Hie ceatiflatbn roquNd by tltb clsusa, TM fataHSdpe and iMormadon otpadiapaMbnotrequksda tataedtewt wtiehia normsRlr poaaeaeW M a pnxfaM person in ura orokury ccursa of buskrosa deaenya. I. Ezceptta hanascGoru atN+orizsd under paragraph • of tfNae inatrtictloru, H a psAblpaH bt a eovarad tramaetbn WroiWtyly rrrdsn kta a kw1K tier wrerW Rarnscdon wilt r person who b tuspandsd, debarred, kteApRHe, K vokHttuiy aRCkdaO trom partkJpatlar to Mb mruaetlar, h addYlon to other rarrbdbs avaitabla a tM Fadsrst GprommarN, tM deparhneM a aparay wkh rRectt ltiia Vauraclbn otgkuted tneypuraue aveWbts rsmedlea, 6tefudkp wapsnsbn sndru dsbenriaM. CaidHeMlanR°yKdM9 YNbumen4 Eu~ensbn. NfeilylbHhy alW VoWntary Exduabn-Lower TIaP CovefM Tran^actbna: f. The prvspactAa bwef tier pertldpaM earWbs, by eutxmssien d HdeProP~, Mat MHMr R tar Rs WfiofPdo` ro presently detxrred, suspend W, proposed (or debumeM, deaatad kteF9~41e. a voha><Krly txdudad frompaHclpWon in Hie herpaabn by oily fedKat dspM- nbM or aysrwy. 2. wheretMyrwpectlwbwardsrparlicipsMbunablsa~Hha srryof the atatenKMe in tMs cerlifaatbn, such proapsctlva parddparvt afuR attach>n axp4nsUOn a tl+N PrePoeal. XR.-CERT1FiCAT1CN REGARW Nti USE CF CGNTAACT Fttt10S FOR LO88YKitA (AppACaDba aA FadwM~aldwnsirwtion rordnMs and a aN retetad suDeonUaehwtHeh sxeesd:t w,ooo - ty CFR 2q 1. TM nro.p.cnv. partb4ant earNRea. M alaMna antl sutxnmvp thb hkt K propose{; atM ixat dhls K MC toawAedpa and ixeasf,lM: a. tdo FederM approprbted f1aW{ haw bean ped KvM W pad. by K ORDetulf d HM , a any M~ for Ntkterakp oc sttemplkiy a kdkrenos an ofRat aanpbyee of any Fedual apnlcy, a flambK of corgreaa. an oflkK K arnplgw d cafpn... « an anpoyse d a 6lmtwr d Cwpraaa in eaaretknwNh Ins awsrdlrq d any Federd eoMrsct, the maldnpd an/ Fsdaral prnff, Hie rnaldnp d arw faderel loan, tM enterkp kso d arty eoopenbve apreemeM, aM tM exteneyon, canHnnBen nrawal, amerr4nent, « modincatiae W any Federal COldraa, yraM, ban, or Cooperative ayreerruM. b. If arytunds other Hun Federal approprutM hktds fuvo bean paid K wR be pakt a arty person f6r IMktendtq ar etbmptkq a Infkmtics an ottkar or employee d my FederN syeray, ^ Nlsmber of Canyreas, an omoa a etngoyte of Corgreea, or an employee a a tJkmber d Conpreai M earacdon wRh this FaabrN , yraM, ban, K coopentWe ayreemsM, tl» untlenlyned shay complete antl sutanR standard Fotm~LLL, "Obcbaure form a Repot a1; in accardarce vnth Rs rndruabne, 2. THa cerHRadon b a maarisl rspreeerkadat d tea upon vMCh nYanu was pbcsd when Mb trarnsdicn wee mart or saKad kra SubrnFSaton d tide eerdflcadori b a ptereq<rtaRe fat nuldrg K erierkrp into tlda lranssction knpceed by 31 U.S.C. 1352. Mrypetsan who fails b flb Hie raquwd adiRcatlon shell M wbJed to ^ dull Pr~RY d not lees than 110,000 and not more tMn St00,000 for each such taWae. 3 TM prmpscWa partk:IpaM also agrsea by aubmiRkrg his K her bW K proposal Mel tit a aM sMY roquke tlrat pa Isngueye d Htle cardSCaHart M kickrded In of Iower tlef wbcoMrsaa, whkB exceed S10D,000 and Met aY ouch ragHente shsY oertlfy and ascbee eccord- ~9 ATTACHMENT NO. 3 ATTACHMEttT A - ,EMPLOYMENT.RJCE fOR At'PAI.ACl1UIM CONTRACTS (Appkcabie fa Appalxhfan ContreGp any.) 1. OurkgtheaUiseardraet, thsaornxWertaldrg to do wale whah b,-w refe«vby meYbe,. none a on-ade work NW erN a6 dasynNed~ DO(.MflerehtUle CafltraCSNGkIahaN{letld,« tlx suixeyrort, «the APl~edrien Courtly d Ure Stats whsrNn tht oarbect work re sttuNad, nmcepk a. Torhe exta+t that qusFlkd Perearp reyulvy rasideq k+the vw ere rwt avnlabte. b. F« the reas«rabra needs d Un Conhact« ro ampby v+P~+*«lf.aspOCtalyDSn«xwt necasuryb sssursan !r(iCierx sxeeufion d ute eoMraet w«k c. F« n» ouuge4on d the eareraat« w dtv ernptoprtent to preeeM «tomrr empayees ks.1M. repAt a a )awhd ootkictlee. usrpeNr. r^0 casract provweditus thenurrbcedtanrssieentpasone en+{rio/W ukier this subpsreflraph to ship rwt.aaxW.71t perprrt d the toW mxriearaam)tioyrtaa~«npbyed Ey.the aarrfreG« on tM con4adwak except q praWdea in ~ 4 tiefow. Z. TiwwMrut«NrNtptewtajobonk!rwNhtMSteteEngptn«rrt S.r`ia kMlcetirtg (a) ttw dngirFNtor»athe tatxxen, rneayniosend attxr•mp~a raquksd ro Mrt«m a» a«wectwark (b) tba reamer a.rmtowaer~a+~ea tn.aen r.MsaMaadon, ore. ro (C)tM deb On WNCh M eNkaatea 6UU1 MIQky'@G6wilbe requireq end (d) ery oUrxPerWed`hrarrlmtlon iequtred by tla State Empbyritent SeMOe ro:trolriptete Sra (otiotdc form The job ardor mry be pFSCed vMhtM~StehE~grtnoK S«NCe MwdtgipabylNeptrorne: Ndvrirg tM coarse a N» aoMru4 work, Ms ~ suWni@sa by tttie aCreraGtar tntM ar~frul fob WWt is srrgY'rtgQi~sA. fif ahaM PreMPtynoaYdx tNeEmptoymsntServics. J: TM cnrdradar Nut yhro !W eoneidsratlan ~ y gvatfied pb eppPra~ raertad to Nm~by the Stan l:mptvrnent SerWee The conlpCtarie not*a9utrcdeo9+vampfaymerrttoarn'jobaDPtk+a+~tMio. in hF+ opkion, en not gtaatbd ro pMorm the rieaeMk:etiah a work regiired. ~. M, witNn t weds toWwkp the ptaanp a a job xdx Dy the CohtraCtorMkh~the >~-~ 6etvice; efa S4bEnpfoymeM SmACe b tiubN to-ngrany9r+~bd~~eDq~sro dra oerdradbr, «tyethen fhe rasrelet tegiweted, the Stale E~n(eoyrnetrt 5elvke wR rarnard a CettlllaDe ro-tlte cronbeekr kr&¢atlnp.:tfle- uha4aAebtRy of eppNants. Such CMUflCMe crNA W made a pvt d the aa4lraeFOfa ixXtlwfetR project records. Upon recNpt a tHa urtifieate, the a~Y v^PaY'pv~ fa+o do rat noraulyre6lde K1M NDOr f e a~ee~w CeWlcete, ~ the 5. Tirccrxrece«etaatnaewtt»provNionaassctlam~ltlr«yh 4 a ihb AtteClenerlt A k1 sYVy subrontrad for Mark NHCh K, « nyanNiy enay M, dons y on•ske work. ATTACHMENT NO. 3 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of JUNE, 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 H S G Contractors ,_ Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $413,209.02 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BAY TRAIL PHASE 3 PROJECT NO. 3229 (TOTAL ALTERNATE lA BID: $413,209.02) (ITEMS 1-8,14-39,41-44,S1A) 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 Bay Trail, Phase 3 Project No. 3229 Base Bid I II III IV Bid Item Qty & Unit Description Alt 1 67 STA Preparing ROW, complete $ m place per station Excavation (Roadway), 2 4,517 CY complete in place per $ cubic yard Embankment (Final 3 589 CY Position) (Density Control) $ (Ty D), complete in place per cubic az 4 20 HR Bladmg, complete in place $ per hour Cellulose Fiber Mulch 5 2.53 AC Seed (Permanent) (Rural) $ (Clay), complete in place per acre Cellulose Fiber Mulch 6 0.64 AC Seed (Temporary) (Warm), $ complete in place per acre Cellulose Fiber Mulch 7 0.64 AC Seed (Temporary) (Cool), $ complete in place pex acre Vegetative Watering, 8 210 MG complete in place per 12.36 $ 1 000 gallons Flexible Base (Complete in 9 978 SY Place) (Ty A, Gr 1) (Final 2.5 ~ Pos) (6 inches), complete in place per sauaxe Yazd Prime Coat (MC-30), 10 978 SY complete in place pex 1 $ s~cuazeYazd V VI Unit Price in Figures Bid Item Extension 92.29 $ 6,183.43 4.00 $ 18,068.00 2.98 $ 1,755.22 102.85 $ 2,057.00 3,150.00 $ 7,969.50 2,450.00 $ 1,568.00 2,450.00 $ 1,568.00 41.98 $ 8,815.80 12.36 $ 12,088.08 2.50 $ 2,445.00 Proposal Page 3 of 16 I II III IV V VI Bid U nit Price in Item Qty & U nit Description AIt Figures Bid Item Extension Aggregate for Seal Coat 11 978 SY (Ty - PB Gr 4 SAC-B), 1 $ 3.25 $ 3,178.50 complete in place per sauare_yazd Asphalt for Seal Coat (AC- 12 978 SY 5, AC-10, CRS2, or 1 $ 1.45 $ 1,418.10 HFRS2), complete in place per square Yazd Dense Graded Hot Mix Asphalt (QC/QA) Ty-D 13 951 SY SAC-B Performace- 1 $ 10.76 $ 10,232.76 Graded Binder 64-22, complete in place per sauaze Yazd Reinforced Concrete Pipe 14 66 LF (CL III) (18"), complete in $ 28.77 $ 1,898.82 place per lineaz foot Reinforced Concrete Pipe 15 88 LF (CL III) (36"), complete in $ 74.26 $ 6,534.88 place per linear foot Safety End Treatment (Ty 16 6 EA II) (18") (RCP) (6:1) (C), $ 750.87 $ 4,505.22 complete in place per each Safety End Treatment (Ty 17 2 EA In (36") (RCP) (6:1) (C), $ 1,520.24 $ 3,040.48 complete in place per each 18 1 ~ Clean existing culvert, $ 507.10 $ 507.10 complete in place per each 19 1 LS Mobilization, complete in $ 13,225.00 $ 13,225.00 place per lum~sutn Barricades, Signs and 20 8 MO Traffic Handling, complete $ 1,120.00 $ 8,960.00 in place per month Proposal Page 4 of 16 I II Bid Item Qty & Unit 21 228 EA 22 156 SY 23 156 SY 24 10 HR 25 977 LF 26 40 LF 27 40 LF 28 7,455 SY 29 6 SY 30 1G SY 31 2,142 LF III Description Baled Hay, complete in place per each Construction Exits (Install) (Ty )), complete is place per s,,c4uaze Yazd Constmction Exits (Remove) (Ty I), complete in place per sauaze Yazd Backhoe Work (Erosion & Sediment Control), complete in place per hour Temporary Sediment Control Fence, in place per lineaz foot Port Concrete Traffic Barrier (Furnish & Install) (Low Pxo~ (Ty 1), complete in place per lineaz foot Port Concrete Traffic Barrier (Furnish & Install) (I.ow Prod (Ty 2), complete in place per lineaz foot Concrete Sidewalks (6"), complete in place per s~cuazevazd Curb Raznps (Ty 1), complete in place per c,~uare,yazd Curb Ramps (Ty 7), complete in place per sic uare ward Wire Fence (Type D), complete in place per lineaz foot IV V VI Unit Price in Alt Figures Bid Item Extension $ 15.64 $ 3,565.92 $ 18.71 ~ 2,918.76 $ 6.85 $ 1,068.60 $ 77.00 $ 770.00 $ 1.89 96 1,846.53 $ 275.00 $ 11,000.00 $ 22.62 $ 904.80 $ 27.04 $ 201,583.20 $ 284.13 $ 1,704.78 $ 274.59 ~ 4,393.44 $ 4.52 $ 9,681.84 Proposal Page 5 of 1G I II III IV V VI Bid Unit Price in Item Qty & U nit Description AIt Figutes Bid I tem Extension 32 2 ~ Gate (Type 1), complete in $ 1,125.00 $ 2,250.00 place per each Install Small Roadside Sign 33 17 EA Supports & Assemblies Ty $ 395.00 $ 6,715.00 580(1) SA(P), complete in place per ea Reflectorized Pavement 34 385 LF Markings Ty I (IX~ 4" $ 1.80 $ 693.00 (SLD) (90 MIL), complete in place per ~ foo Reflectorized Pavement 35 146 LF Mazkmgs Ty I (VU) 8" $ 2.~p $ 423.40 (SLD) (90 MIL), complete in place per lineaz foot Reflectorized Pavement Mazkings Ty I (VV) 24" 36 50 LF prefab (SLD) (90 MIL), $ 3.45 $ 172.50 complete in place per linear foot Reflectotized Pavement 37 388 1 LF Markings Ty I (1') 4" $ 1.60 $ 2,220.80 , (BRIE (90 MIL), complete in place per linear foot Reflectorized Pavement 38 850 LF Mazkings Ty I (I') 4" $ 1.80 $ 1,530.00 (SLD) (90 MIL), complete in place per linear foot Prefab Pavement Mazkings 39 3 ~ (ACC PRIG (BLU & $ 195.00 $ 585.00 WHT) LRG, complete in place per each Geogrid Reinforcement 40 978 SY (Tl' )), complete in place I $ 4.46 $ 4,361.88 per s ar Proposal Page 6 of 16 I II III IV V ~ Bid Unit Price in Item Qty & Unit Description Alt Figures Bid Item Extension 41 16 16 Feel Stops, complete in $ 72 50 $ 1 160.00 place per each Removable Steel Bollards, $ 1,621.91 $ 42 3 ~ complete in place pex each 43 g9 ~ Treated Timber Bollards, $ 250.95 $ complete in place per each Timber Bridge 44 1 LS Rehabilitation, complete in $ 20,735.89 $ place per lump sum Total Base Bid (Items 1 through 44) _lternate 1A - Reinfoced Concrete Parking Lot (in lieu of HMAC Parking Lot Items 9-]3 and 39) from above) I II III n' V Bid Unit Price in Qty & Unit Description Alt Figures Item Reinforced Concrete A 951 SY Pazking Lot (6"), complete in place per sauaze yard Total Alternate IA (Item lA) 37.83 S 4,865.73 9,787.05 20,735.89 410,957.01 VI Bid Item Extension 35,976 35,976 Proposal Page 7 of 16 I II III IV V VI Bid Unit Price in Item Qty & Unit Description Alt Figures Bid Item Extension Bid Summate Total Base Bid (Includes Bid Items 1-44) $ 410,957.01 Total Alternate lA Bid (Includes Bid Items 1-8,14-39, 41-44, & IA) $ 4]3,209.02 H & G Contractors, Inc. herewith certifies that the prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this price-out. H & G Contractors, Inc. acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. ~°/' ,~J ' a Sign e: ary Garnett Title: Vice President Date: Apri122, 2009 Proposal Page 8 of 16 The Contractor will commence work within ten (10) calendar days from date they receive"written work order and will complete same within 160 WORKING DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTES~~ CityUUUUSecretary APPROnVErD AS TO LEGAL FORM: By ~ 0' Vc2,lf ~ (~ 2~~ Asst. City Attorney "ATTEST°'"If Corporati (Seal elow) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: ~T~'c~~--~ - Oscar Martinez Assistant City Manager By: ~~.~ G~9~~ Pete'Anaya, P.E. Director of Engineering Services CONTRACTOR H fi G Contractors Inc. By: ,/ ~n Title: / /C~ f /Lc~S/D~1t/y' _ 1225 SOUTHERN MINERALS RD. (Address) CORPUS CHRISTI, TR 78409 (City) (State)(ZIP) 361/289-2556 * 361/289-2757 (Phone) (Fax) ~ c~uRC)~ Agreement Page 2 of 2 SECRETARY P R O P O S A L F O R M F O R BAY TRAIL PHASE 3 PROJECT NO. 3229 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Page 1 of 16 P R O P O S A L Place: City Secr~etaiy's Office Opus Christi, Texas Date: ~P~il 22F 2009 ?roposal of H b G Contractors, Inc. a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: BAY TRAIL PHASE 3 PROJECT NO. 3229 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Proposal Bay Trail, Phase 3 Project No. 3229 Base Bid I II III IV V VI Bid U nit Price in Item Qty & Unit Description Alt Figures Bid Item Extension 1 67 STA Preparing ROW, complete $ 92 29 $ 6,183.43 m place per s lion Excavation (Roadway), 2 4,517 CY complete in place per $ 4.00 $ 18,068.00 cubic Yazd Embankment (Final 3 589 CY Position) (Density Control) $ 2 98 $ 1,755.22 (Ty D), complete in place per cu is azd 4 20 HR Bladmg, complete in place $ 102.85 $ 2,057.00 per hour Cellulose Fiber Mulch 5 2.53 AC Seed (Permanent) (Rural) $ 3,150.00 $ 7,969.50 (Clay), complete in place per acre Cellulose Fiber Mulch 6 0.G4 AC Seed (Temporary) (Warm), $ 2,450.00 $ 1,568.00 complete in place per acre Cellulose Fiber Mulch 7 0.G4 AC Seed (Temporary) (Cool), $ 2,450.00 $ 1,568.00 complete in place per acre Vegetative Watering, 8 210 MG complete in place pet 12.36 $ 41.98 $ 8,815.80 1.000 ons Flexible Base (Complete in 9 978 SY Place) (Ty A, Gr 1) (Final 2 5 $ 12.36 $ 12,088.08 Pos) (6 inches), complete in place per square vazd Prime Coat (MC-30), 10 978 SY complete in place per 1 $ 2.50 $ 2,445.00 s~uaz~azd Proposal Page 3 of IG I II III IV V VI Bid Unit Price in Item Qry & Unit Description Alt Figures Bid Item Extenaioa Aggregate for Seal Coat 978 SY ~y - PB Gr 4 SAC-B), 1 $ 3.25 $ 3,178.50 11 complete in place per s~uare~azd Asphalt for Seal Coat (AC- 12 978 SY 5, AC-10, CRS2, or 1 $ 1.45 $ 1,418.10 HFRS2), complete in place per s uaze az Dense Graded Hot Mix Asphalt (QC/QA) Ty-D 13 951 SY SAC-B Performace- 1 $ 10.76 $ 10,232.76 Graded Binder 64-22, complete in place per square yazd Reinforced Conaete Pipe 14 66 LF (CL III) (18"), complete in $ 28.77 $ 1,898'82 place per lineaz foot Reinforced Concrete Pipe 15 88 LF (CL III) (36"), complete in $ 74.26 $ 6,534.88 place per litieaz foot Safety End Treatment (Ty 16 6 EA II) (18") (RCP) (6:1) (C), $ 750.87 $ 4,505.22 complete in place per each Safety End Treatment (Ty 17 2 EA II) (36") (RCP) (6:1) (C), $ 1,520.24 $ 3,040.48 complete in place per each 1 ~ Clean existing culvert, $ 507.10 $ 507.10 18 complete in place per each 1 ~ Mobilization, complete in $ 13,225.00 $ 13,225.00 1 ~ place per lum~sum Barricades, Signs and 2p 8 MO Traffic Handling, complete $ . 1,120.00 $ 8,960.00 in place per month Pzoposal Page 4 of 16 I II Bid Item Qty & U nit 21 228 EA 22 156 SY 23 156 SY 24 10 HR 25 977 LF 26 40 LF 27 40 LF 28 7,455 SY 29 G SY 30 1G SY 31 2,142 LF III Description Baled Hay, complete in place per each Construction Exits (Install) (Ty I), complete in place per s u e az Construction Exits (Remove) (Ty I), complete in place pex square yard Backhoe Work (Erosion & Sediment Control), complete in place pex hour Temporary Sediment Control Fence, in place pex lineaz foot Port Concrete Traffic Barrier (Furnish & Install) (Low Prof) (Ty 1), complete in place per lineaz foot Port Concrete Traffic Barrier (Furnish & Install) (Low Prof) (Ty 2), complete in place pex lineaz foot Concrete Sidewalks (6"), complete in place pex square vazd Curb Ramps (Ty 1), complete in place per square vazd Curb Ramps (Ty 7), complete in place per sauaze vazd Wire Fence (Type D), complete in place per lineazfoot ~ V ~ Unit Price in AIt Figures Bid Item Extension $ 15.64 $ 3,565.92 $ 18.71 $ 2,918.76 $ 6.85 $ 1,068.60 $ 77.00 $ 770.00 $ 1.89 $ 1,846.53 $ 275.00 $ 11,000.00 $ 22.62 $ 904.80 $ 27.04 $ 201,583.20 $ 284.13 $ 1,704.78 $ 274.59 $ 4,393.44 $ 4.52 $ 9,681.84 Proposal Page 5 of 16 I II III IV V ~ Bid Unit Price in item Qty & U nit Description Alt Figures Bid Item Extension 32 2 ~ Gate (Type 1), complete in $ 1,125.00 $ 2,250.00 place per each Install Small Roadside Sign 33 17 ~ Supports & Assemblies Ty $ 395.00 $ 6 715.00 S80(1) SA(P), complete in place per eac Reflecto~ized Pavement 34 385 LF Markings Ty I (VU) 4" $ 1.80 $ 693.00 (SLD) (90 MIL), complete in place per linear foot Reflectorized Pavement 35 146 LF Mazkings Ty I (VU) 8" $ 2.90 $ 423.40 (SLD) (90 MIL), complete in place per lineaz foot Reflectorized Pavement Markings Ty I (VU) 24" 3G 50 LF prefab (SLD) (90 MIL), $ 3.45 $ 172.50 complete in place per lineaz foot Reflectorized Pavement 37 388 1 LF Markings Ty I (I') 4" $ 1.60 $ 2,220.80 , (B~ (90 MIL), complete in place per linear foot Reflectorized Pavement 38 850 LF Markings Ty I (1') 4" $ 1.80 $ 1,530.00 (SLD) (90 MIL), complete in place per linear foot Prefab Pavement Markings 39 3 ~ (ACC PRIG (BLU & $ 195.00 $ 585.00 WHT) LRG, complete in place per each Geogrid Reinforcement 40 978 SY (I'Y I), complete in place I $ 4.46 $ 4,361.88 pets uare az Proposal Page G of 16 I II III IV V VI Bid Unit Price in item Qty & Unit Description Alt Figures Bid Item Extension 41 16 16 Wheel Stops, complete in $ 72.50 $ 1 160.00 place per each Removable Steel Bollards, 1,621.91 $ 42 3 ~ complete in place per each $ Treated Timber Bollards, 250.95 $ 43 39 ~ complete in place per each $ Timber Bridge 44 1 LS Rehabilitation, complete in $ 20,735.89 $ place per ltunp sutra Total Base Bid (Items 1 through 44) alternate IA - Reinfoced Concrete Parking Lot (in lieu of HMAC Parking Lot Items 9-]3 and 39) from above) I II III IV V Btd Qty & Unit Description Alt Unit Price is Item Figures Reinforced Concrete A 951 SY Parking Lot (6"), complete in place per square vaxd Total Alternate 1A (Item lA) 37.83 S 4,865.73 9,787.05 20,735.89 410,957.01 VI Bid Item Extension 35,976 35,976 Proposal Page 7 of 1G I II III IV V VI Bid Unit Price in Item Qty & Unit Description AIt Figures Bid Item Extension Bid Summaty Total Base Bid (Includes Bid Items 1-44) $ 410,957.01 Total Alternate ]A Bid (Includes Bid Items 1-8, 14-39, 41-44, & 1A) $ 413,209.02 H & G Contractors, Inc. herewith certifies that the prices shown on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this price-out. H & G Contractors, Inc. acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. ~`i" y~ ~~ Sign e: ary Garnett Title: Vice President Date: Apri122, 2009 Proposal Page 8 of 1G The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) working days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business 8aterpriae Participation: The apparent low bidder shall, within two days (five days for Contractors outside Nueces County) of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sete of Documeata: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. For each working 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, .5500.00 per working day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The City Engineer may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Daya Allocation for Rain The contractor shall anticipate the following number of work days lost due to the rain in determining the contract schedule and for each item of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the site is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days _ February 3 Days March 2 Days pril May 4 Days September 7 Days June 4 Days October 4 Daya July 3 Days November 3 Days 3 Days August 4 Days December 3 Days a contract Drnrncol of 160 as "ompletion shall be based on satisfactory work, completed, tested, in accordance with the lan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. The requirements to issue the Contractor a Certificate of Completion are the following project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As-Built plan preparation with Af£ tT City Engineer. ~2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, , and other Field Information are complete. (9) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. ;5) Final estimate reviewed by City Construction Engineer. ~6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. ;7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project _ _a - (d) l ~l F.~. v~ • ~~~ (8) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst, reviews for completeness, funding availability, prepares financial paperwork ~____,__ ~ (10) Administrative Asst. submits to r f~}e~ad City Engineer for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AFP) prepared and submitted to Accounting Department (13) Contractor receives final payment after City Council (if required) or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing ,._...~:~ the Contractor when one-year warranty date begins (Acceptance Memorandum). amity acceptance of the project will be described in an Acceptance Memorandum to the contractor. Prnnn.cal The undersigned further declares that he will provide all necessary tools and apparatus, do sll the work and furnish all materials and do everything required to carry out the above nentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Add~m ~1 (4 16-1 -- Respectfully submitted: (SEAL - I£ Bidder is a Corporation NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Name: H 8 G Oontlactors, Inc. gy : - i.+~.-- (SE ffATURE) Galt' Garnett Address: P. O. Bax 10706 (Zip 78460) (P.O. Box)_ (Street) 1225 Southern Mimralc Road Corpus Christi, 71e~ws 78409 (City) (State) (Zip) Telephone: (361) 289-2556 (Revised August 2000) Proposal DEBARMENT CERTIFICATION Contractors are not allowed to participate in federally funded projects if they are suspended or debarred. The prime contractor is required to certify as to their current eligibility status. Certification is also required of all prospective participants in lower tier transactions. This includes subcontractors, material suppliers, vendors, etc. Each participant must certify: "....that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency..... and that they have not . been convicted or had civil judgment rendered within the past three years for certain types of offenses." Name: H & G contractors, Inc. ay: Gary Garnett Address: 1225 Southern Minerals itoad Corpus Christi, TPxas 78409 Telephone: Fax: (361) 289-2556 (361) 289-2757 Proposal Page 14 of 16 CERTIFICATION OF NON-COLLUSION Under the penalty of perjury of the laws of the United States, the undersigned affirms that they are duly authorized to execute the proposed contract, that this company, corporation, firm, partnership or individual has not prepazed this Bid in collusion with any other Bidder, and that the contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. By: Gary Garnett (Print or Type Name) Vioe Presidaxt (Print or Type TitlelPosition with Business) Address: 1225 SOlltflei$ ~~ ltd t7orpus (ltristi, TP]C~C 78409 April 22, 2009 (Date) Proposal Page 15 of 16 PROPOSALS FOR THIS WORK By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by checking "Yes" or "No" below, is true, accurate, and complete. A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration for performing a portion of this work. Yes '~ No B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project. Name: H 8 G Contractors Inc. By: Address: 1225 sout2iern ~ *~r s Roes (2-risti, 7+exas 78409 Telephone: (361) 289-2556 Fax: (361) 289-2757 Proposal Page 16 of 16 P E R F O R M A N C E B O N D BOND N0. 2273054 STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT H fi G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and T,.,~.,nr,.,~~ rnMPANV (lF THE WEST * a corporation organized under the laws of the State of CALIFORNIA , 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 FOUR HUNDRED THIRTEEN THOUSAND, TWO HUNDRED NINE AND 02/100($413,209.02) 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: *INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: BAY TRAIL PHASE 3 PROJECT NO. 3229 (TOTAL ALTERNATE lA BID: $413,209.02) (ITEMS 1-8,14-39,41-44,S1A) 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 23RD day of JUNE 20 09 PRINCIPAL H & G CONTRACTORS, INC. By: ~~ _ GARY GARNETT, VICE PRESIDENT (Print Name Title) ATTEST s SURETY dK INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. The Resident Agent of the Surety in Nueces County, `Yeses, fox delivery of notice sad service of process is: , Agency: Contact Person: Address: Phone Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORS P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 36 -883- (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08) Performance Bond Page 2 of 2 (Print Name) - - P A Y M E N T B O N D BOND NO. 2273054 STATE OF TEXAS § COUNTY OF NUECES § IQiOW ALL BY THESE PRESENTS: THAT H 6 G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State Of CALIFORNIA __, 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 FOUR HUNDRED THIRTEEN THOUSAND TWO HUNDRED NINE AND 02/100($413,209.02) 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: *INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH day JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: BAY TRAIL PHASE 3 PROJECT NO. 3229 (TOTAL ALTERNATE lA BID: $413,209.02) (ITEMS 1-8,14-39,41-44,S1A) 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 23RD day Of JUNE __ , 2~ 09 PRINCIPAL H & G CONTRACTORS IN(' By:~ ~ GARY Name & PRESIDENT ATTEST e) ,V~KJNI~ Hf~rtc, f~2~5/DEQr1T (Print Name & Tit1e)~ SURETY INSURANCE COMPANY OF 'S'HE WF'ST INDEPENDENCE CASUALTY & SURETY CO. Attorn -'n-fact MARY E MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas,~~ for delivery of notice sad service of process is: AgeIICy: SWANTNER & GORDON INSURANCE AGENCY COIIt8Ct P@r80II: MARY ELLEN MOORE Adds'@88: P.O. BOX 870 CORPUS CHRISTI TEXAS 78403 __ PhOIIe Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 No. 0004671 ICW GROUP Power otAttorney Insurance Company of Ne West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corpomdon duly organized order the laws of the State of California, Explorer Nsmatce Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corpomtion duly organized wder the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint H.M. CANTWELL, AMY SHUMATE, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORS their we and lawful Attomey(s}in-Fact with authority m dale, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar conttacts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by ifs duly authorized officers this 2nd day of January, 2(108. ~44YIM'YO~,I `~S~R'?Np~ ~JNT''~LYe~G ~ytytaroauEa i ~ ooh arm C ~ ~ k ~ BSURANCE COMPANY OF THE WEST onSEAL~ ~ v.. > EXPLORER INSURANCE COMPANY Wkatrm ~ e,+rr'ora1'~'i ~ a B INDEPENDENCE CASUALTY AND SURETY COMPANY let7rey D. Sweeney, Assistant Sceremry ~/~/~~~// J. Douglas Browne, S4enior Vice Prosident State of California } ss. County of San Diego On January 2, 2008, before me, Mary Cobb, Nomry Public, personally appeared 7. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment, and acknowledged to me that they executed the same in then authorized capacities, and that by their signatures on the instmment, the entity upon behalf of which the persons acted executed the instmment. I certify under PENALTY OF PER][JRY under the laws of the State of California that the foregoing pamgaph is we and cortect. Witness my hand and official seal. MIWY COBS ~ ~ C~OYhM~~~~ v SANOIEOOCOUrYNppTY~ B~EPTfJABER~90BtlODY Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That [he President, an Executive or Senior Vice President of the Company, together with dre Secretary or any Assistant Secretary, are hereby authorized [o execute Powers of Attorney appointing the person(s) named as Attomey(s}in-Fact m date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar conlracrs of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certitying the validity and curtent slams of the appointment, may be facshnile representations of those signatures; and the signatare and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such faw'vnile representations shall have the same force and effect as if manually effaced. The facsimile represenmtions referred to herein may be effaced by stumping printing typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of me WesS Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in mll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now m Cull force. IN WITNESS WHEREOF,Ihave set my hand this 23RD day of JUNE 2009 , JetRey D. Swceney, Assistant Secretary To verify [he authenticity of [his Power of Attomey you may call 1-8(10-877-1111 and ask for the Surety Division. Please refer m the Power of Attomey Number, the above named individual(s) and details of the bond [o which the power is attached. For information or filing clahns, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. This Power is in Cull force and effect until revoked ~ IB4flPORY7lhfi f~BOYICE To obtarn information or make a complaint 2 You may contact your Agent al 3G1-883-171 3 You may call Insurance Company of the WesUlndependence Casualty & Surety Company's loll-free telephone number for information or to make a complain) at: '9-800-SyT-1 P99 4 You may also wale to Insurance Company of the WesUlndependence Casualty & Surety Company at: 17455 EI Camino Real San Diego, CA 92130-2045 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at . 9 -800-252-3439 6 You may write the Texas Department of Insurance: P O Box 149104 Austin, TX 78 71 4-9 1 04 Fax: (512) 4 75-1771 Web: http:/lvvww tdi state tx us E-mail: ConsumerProtection(a~1di state tx us 7 PREIVIIUBV9 OR CLAIIbB DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACFO PHIS fdOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ~VISO BRflF~OI~1r~R9"PE Para obiener information o para som queja: Puede comunicarse con su (title) al (t. number). Usled Puede Ilamar al numero de lelei Insurance Company of the West/Indep Casualty & Surely Company's para infc para someter una queja al: 1-800-877-"y "B9 y Usted tambien Puede escribir a Insuran Company of the WesUlndependence Ce Surety Company aL. 11455 EI Camino Real San Diego, CA 92130 Puede comunicarse con el Departament Seguros de Texas para obtener informac de companias, coberiuras, derechos o q~ 9-80®-~5~-3439 Puede escribir al Departamento de Segun Texas: P- O. Box 149104 Austin, TX 7 87 1 4-9 1 04 Fax: (512) 475-1771 Web: http://www tdi state tx us E-mail: ConsumerProtectionna tdi state tx u DISPUTES SOBRE PRIIVB,4S O RECL,4PViC Si liene una disputa concerniente a su pr.im reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, pued entonces comunicarse con el departamento UP)q ESTE AVISO A SU POLIZA: Este avi; solo para proposito de information y no se convierte en pane o condition del document adjunto. CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS ~ity of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". °IRM NAME H 6 G ~~ ~- BTREET: 1225 Southern rei.,prai s Road CITY:~~s (heist; , ~~+~ ZIP: 78409 LIRM is: 1. Corporation R 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS f additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in tine above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ca.-s. Garnett Title: Vice President (Type or Print) Signature of Certifying Person: /~ _ Date: ~'il o.. _ Proposal DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Page 13 of 16 gCORV CERTIFICATE OF LIABILITY INSURANCE OPID NE3H DATE (MMA)DRYVY) , HGCONCI 06 23 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner S Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Hox 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone:361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC# INSURED H S G Contr r Inc t INSURER A: V811@ FOr a Insurance CO 20508 . ac o s, H 6 G Oilfield Services, 8 INSURER B: AmerlCan Cas Co Readin PA 20427 Division of H 6 G Contractors, Inc. INSURER C: Continental Insurance Co _. 35289 P O Box 10706 r '' C Ch i ti TX 78460 INSURER D: Great American Ina Co 16691 pus , o r s COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURA CE POLICY NUMBER DATE MIIIDDIYY DATE MMRK1 LIMITS GENERAL LIABILITY EACH OCCURRENCE E SOOOOOO A X COMMERCIAL GENERALLUBILITY 2070926033 06/23/09 06/23/10 PREMISESEeoccurence SIOOOOO CLAIMS MADE OCCUR MED EXP (Any pne parson) §SOOO PERSONALSADV INJURY $SOOOOOO X Poll - $100,000 GENERAL AGGREGATE E2000O00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E2000O00 Poucv X ~cT Loc Em Ben. 1000000 A AUT X OMOBILE LIABILITY / ANV nuro 2070926114 06/23/09 06/23/10 COMBINED SINGLE LIMIT (Es eccitlanl) 1 , OOO , OOO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per pennon) $ X X HIRED AUTOS NON-0WNED AUTOS BODILY INJURY (Peraai0enl) $ A X MCS-90 ENDT PROPERTY DAMAGE (Per accitlenl) $ GARAGE LUUSILITY AUTO ONLY-EA ACCIDENT § ANV AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S, OOO,OOO C X occuR ~ CLAIMSMADE 2094656095 06/23/09 06/23/10 AGGREGATE $ 5, 000, 000 $ DEDUCTIBLE § X RETENTION §LO OOO $ WORKERS COMPENSATION AND / X TORY LIMITS ER B EMPLOYERS'LUtBILRY ANV PROPRIETOR/PARTNER/EXECUTIVE 2070926159 06/23/09 06/23/10 E.L. EACH ACCIDENT §SOOOOOO OFFICERIMEMBER E%CLUDED? E.L. DISEASE-EA EMPLOYEE $ SOOOOOO K yes tleacribe antler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $lOOOOOO OTHER DES CRIP7K)N OF OPERATIONS (LOCATIONS /VEHIC LES /EXCLUSIONS ADDED BV ENDORS EMENT I SPECUAL PRO VIaON3 Project Name: N3229 Bay Trail Phase 3 The City of Corpus Christi is named as additional insured on all general liability (GL) and all automobile liability (AL) policies. Additional ~ Insured Endorsements are attached. CERTIFICATE HOLDER CICO-CC City of Corpus Christi Dept of Engineering Services Attn: Contract Administrator PO Hox 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE j}IE E%PIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR 25 (2001/08) ©ACORD CORPORATION 7988 IMPORTANT If the certificate holder is an ADGtiIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. -„ H&G Gontractorsy Inc. / Poli ~U2070926033 V61AP®R~~aN~: ~H9S EDa9®®IRSEA~Eh~~ ~®8`-~~ONS ®D~~jES ~D~~1P ~PPL~ '~® ~D'DE ~®®jTB®N~L 9NSdDRE® jRN SHE E~EN~ ®F ®CC&~RRENCE, ®drFENSE, ~LABBtA ®R SD~j~. SEE P~RAGRAP~I ~.~. ®F `TD'DGS EN®®RSEDI~EN~ F®R Tj~6ESE ®@91fIlES. ~~DjS E~®®6iSED1AEN~ CD•DA~NGES ~FBE P®Lj~~. PLEe~SE REA® j~ ~AREF~ILL~°. ~®B~'~~~~~®~'~ S~~I~®~L~® ~N® ~~~~KE~ A®®1~9®f~AL 9R9SU~E® ~N®®~S~NB~~~i G1i9B`~~& ~~~~~~~~_~~~~~IE~~~ ~PIER/~~B®NS C®!lE6~~Gf~ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name o4 Person or Organiaetioea: Designated Projsct: Any person or organization who requires you to~;bbtain this coverage under a written contract or agreement := e ~: - .. (Coverage under 9hie endoraernent is no4 affected ay an entry or lack of entry in 4M Schedule above.) A. YVHO IS AN INSURED (Section ily is amended to 3. The coverage provided to 'the additional insured include as an insured any person or organization, by this endorsement and paragraph f. of the including any person or organization shown in the definition of "insured contract" under schedule above, (called additional insured) whom you DEFINITIONS (Section V) do not apply to "bodily are required to add as an additional insured on this injury" or "property damage" arising out of the policy under a written contract or written agreement; "products-completed operations hazard" unless but the written contract or written agreement must be: required by the written contract or written ~ 9. Currently in effect or becoming effective during the agreement. term of this policy; and ~. The insurance provided to the additional insured ~ ~. F~cecuted prior to the "bodily injury," property does not apply to "bodily injury," "property " " " damage," or' personal and advertising injury". damage, or personal and advertising injury ' ' arising out of an architect s, engineer s, or B. The insurance provided td the additional insured is surveyor's rendering of or failure to render any limited as follows: professional services including: ~ t. That person or organization is an additional a. The preparing, approving, or failing to prepare insured solely for liability due to your negligence or approve maps, shop drawings, opinions, specifically resulting from "your work" for the reports, surveys, field orders, change orders ® additional insured which is the subject of the or drawings and specifications; and written contract or written agreement. No ~, Supervisory, or inspection activities performed $ coverage applies to liability resulting from the sole as part of any related architectural or negligence of the additional insured. engineering activities. ~. The Limits of Insurance applicable to the additional insured are those specified in the C. As res acts the covers e p g provided under this s written contract or written agreement or in the endorsement, SECTION IV - COMMERCIAL Declarations of this policy, whichever is less. GENERAL LIABILITY CONDITIONS are amended as These Limits of Insurance are inclusive of, and not follows: in addition to, the Limits of Insurance shown in the t. The following is added to the Duties In The Event Declarations. of Occurrence, Offense, Claim or Suit Condition: G-140331-A Page i of 2 (Ed.01/01) ~. An additional insured under this endorsemen4 will as soon as practicable: (9y Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss vve cover under this Coverage Part; and (3j Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. U. We have no duty to defend or indemnify an additional insured under this endorsement G-140339-A (Ed. 09/09 ) (Ed. 09/09) until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. OIMr Insursnc® b. Excess Insuranc® This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 I'ULICY IVUIVIB~R' CG 24 04 10 93 ~Q70926033 EI&G ("[infractors, once ~-- ~'a9~ f€G~l®®6~~~6U6~N~ ~~~N~~S'B'~~ ~®L&~4t. ~LE~~E ~~~® @~ ~~I~lE6~~~~~ This endorsement modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART SCIiEDULE Name o4 Peraon or Organi8a4ion: Any person or organization who requires you to obtain this waiver of our right of recovery under a written contract or / a / agreement ° _... -~~. ,~~- ?" .// (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST because of payments we make for injury or damage arising OTHERS TO US Condition (Section IV -COMMERCIAL out of your ongoing operations or "your work" done under a GENERAL LIABILITY CONDITIONS) is amended by the contract with that person or organization and included in the addition of the following: "products-completed operations hazard.". This. waiver We waive any right of recovery we may have against the applies only to the person or organization -shown in the person or organization shown in the Schedule above Schedule above. la s ~_ iii g CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ;g Th1e Change Endorsement Changes the Po14cy. P]_eaee read it careful]y. This Change Endorsement is a part of your Policy and takes effect oa the effective date of your Policy, unless another effective date is ahowne BRASELTON LAND VENTURES 5337 YORKTOWN, SUITE 100 CORPUS CHRISTI, TX 78413 CABOT OIL & GAS CORPORATION 1200 ENCLAVE PARKWAY, SUITE 300 HOUSTON, TX 77077-1607 CHAZZ DEVELOPMENT, LTD. COYM, REHMET & GUTIERREZ ENGINEERING, INC. 5656 S. STAPLES ST. SUITE 230 CORPUS CHRISTI, TX 78411 / CITY OF CORPUS CHRISTI / P.O. BOX 9277 /// CORPUS CHRISTI, TX 78469-9277 ,_ CITY OF ROBSTOWN 101 EAST MAIN ROBSTOWN, TX 78380 CWI-CLAYTON WILLIAMS ENERGY b DESTA DRIVE #1100 MIDLAND, TX 79705-5510 DOMINION EXPLORATION & PRODUCTION, INC. 1450 POYDRAS NEW ORLEANS, LA 70112 DEWBRE PETROLEUM CORPORATION 600 LEOPARD ST. CORPUS CHRISTI, TX 78473 DHM DESIGN BUILD P .O. BOX 10124 CORPUS CHRISTI, TX 78460 EDGE PETROLEUM CORPORATION 1111 BAGBY, SUITE 2100 HOUSTON, TX 77002 HOGAN BUILDING CO. #1 LP AND ITS AFFILIATES ~~~~ ~ ~(J $¢treter Cnai,m an of lne Boartl G-56015-B (ED. 11/91) PoLYCY Brcr~BER aarserRE~ ~vaeaE ~~~ a~oRESS U 2070926114 / H & G CONTRACTORS INC., "SEE ENDT" / P 0 BOX 10706 CORPUS CHRISTI, TX 78460 POLYCY CHAAI6ES BLAIVRET WRIVER OF Thin Change Endorsement changes the Policy. Please rand it carefully. This Change Endorsement is n part of your Policy and takes affect on the affective date of your Po11cy, unless another effective data is ahoum. /' Any person or organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. spa s ~ i Chairman of the Boartl ~ sa~,a,~..~,~-,- G-56015-B (ED. 11/91) POLICY CHARICES 000205 Thip Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a pert of your Policy and takes affect oa the effective date of your Policy, unless another effective date is shocva. The following Form(s) has (have) been added: Form M: CG0205-1204 TX Changes-Amend Cancellation Prov or Cov Change / Number of Days' Notice: 30 DAYS v Name & Address: BRASELTON LAND VENTURES 5337 YORKTOWN STE 100 CORPUS CHRISTI TX 78413 CHAPARRAL ENERGY LLC, PO BOX 2566 FT WORTH, TX 76113-2566 / CITY OF CORPUS CHRISTI, DEPT OF ENGINEERING SERVICES, P O BOX 9277, CORPUS CHRISTI, TX 78469-9277 D&J LAND CO INC 117 BALDWIN AVE, MATHIS, TX 78368 DYNAMIC.PRODUCTION INC 2801.GLENDA.AVE,..FT WORTH.,. TX.Z6117_. . FULTON*COASTCON P O BOX 61229, HOUSTON, TX 7208-1229 HOGAN DEVELOPMENT,2004 N COMMERCE, VICTORIA, TX 77901-5510 HOGAN DEVELOPMENT CO L.P. #04 CHAMA, VICTORIA, TX 77904 JAMEX INC, P O BOX 2566 FT WORTH, TX 76113-2566 RUTHERFORD OIL CORP P O BOX 17150 FT WORTH, TX 76102-0150 EMERALD COAST INVESTMENTS C/0 RUSSELL VETETO ENGINEERING 820 BUFFALO, CORPUS CHRISTI, TX 78401 RUSSELL VETETO ENGINEERING 820 BUFFALO, CORPUS CHRISTI, TX 78401 SAMSON RESOURCES CO & ITS AFFILIATES C/0 ICA P O BOX 2566, FT WORTH TX 76113-2566 SOUTHERN RESOURCES P O BOX 6483 CORPUS CHRISTI, TX 78466 VALERO ENERGY ATTN: JEAN SCHARFF P O BOX 500 SAN ANTONIO TX 78292-0500 VERNON E FAULCONER INC, ATTN: SHELLY SUDDERTH, PO BOX 7995, TYLER,TX 75141 WAUESHA-PEARCE INDUSTRIES,ATTN: CR DEPT,PO BOX 35068,HOUSTON,TX 77235 WYNN CROSBY ENERGY INC,16415 ADDISON RD STE B00 ADDISON,TX 75001-3267 GOODWIN PUMPS, CREDIT DEPT ONE FLOODGATE RD BRIDGEPORT, NJ 08014 Chairman of the 602rC Secretary G-56015-B (ED. 11/91) POLICY NUMBER: 02070926114 l C®AflAAE6iCIAlL AUT® CA Oz ~~ 06 ®~ TB~BS EB\R®®RSE6NER9T CHAWGES THE P®LICY. PLEASE REA® BT CA~EFULL~. c G m c This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date o} the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 6/23/09 `~ ~„~ ~;;~~ ~`"~ .. / Named Insured: ~~` y:~ „~ ~ ~' °~ i ?~_,,~ .t~mr ~ Ifd Re resentative SCHEDULE ~ `. Plumber of Days' Nofice30 / Plem@ Off P®rSOrr Or OfQ~r1i88t1or1PER SCHEDULE ON FILE WITH COMPANY Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice indicated in the Schedule. cA oa as oe o~ Copyright, ISO Properties, Inc., 2003 Pag®1 of ~ (Cd. 7-13~ ~'~~ltS Nt~U7G:~; ti89" ftAAF~f~lg1. ~6-0APdC~ ~Pdfb(~Bd~~AAId~R9Y This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In ttte event of cancellation or other rnaterial change of lire policy, we will mail advance notice to the person o organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benetil anyone not Warned in the Schedule. Schedule 1. Number of days advance notice' 3 0 ~./ 2. Notice will be mailed 10: FIST ON FIr,E WIT}i COMPANY d »> e w - This endorsement changes the policy to which it is attached and is effective on the date issued unless olherWise salted ®_ (The fnlormalion below is requiretl only wrren this endorsement is issued subsequent to preparation o11tre policy.) m Erdorsentenl Effective 6/23/04 Policy No. 207497_b].S9 Endorsement No. =' insured H &',G ConLracC<>rs, Inc. ~ ~~ Insurance Company Countersigned by~' a ~`~,~'Sysa:l'~Y.=""`~~~f ~y9!~~~ WC 42 06 09 (Fd. 7-84) (rd t-on e'~~t~S w~rrvanfi cn~ eialw f~acbcoT Trt r~rtirc~wEa~ aa~o~l eiTo-ar:r4~ rNa~~irt~~aw~~a r This endorsement applies only fo the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver Irom us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule t f )Specific Wafver Name of person or organization {.x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. (7perations: 3. Peemium The premium charge for this endorsement shall be percent of the premirim developed on payroll in connection with work performed Torthe above person(s) or organization(s) arising out of the operatiohs described. 4. Advance Prerniurn Tltls endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The informa4ion below is required only when Shia endorsement is issued subsequent to preparation of 4he policy J Endorsement Effective 6/23/(15' Policy No. 2p7092515~ Endorsement No. Insured 11 & G (AntCracCors, l:nc. / ; " pr -- ~~`~~, ;.: ... Utsurance Com an ~ ~4 f - P Y Countersigned by -< ',.„ ,;' .. WC A2 03 04 A