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C2009-310 - 7/21/2009 - Approved
Constar Construction S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R PAI,MIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DRIVE .orsIrr or. 4:610 wool m. W�. ...... R s� cisTitt4.1). tai o 05/19/09 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361-826-3500 Fax: 361-826-3501 PROJECT NO: 6509 1 2009-310 M2009 -202 07/21/09 iNDEXEJ PALMIRA AVENUE. IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DR. PROJECT NO. 6509 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS — A (Revised March, 2009) Insurance Requirements NOTICE TO CONTRACTORS — B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A — SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion /Liquidated Damages A-7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A-16 Disposal /Salvage of Materials A -17 Field Office (NOT USED) A-18 Schedule and Sequence of Construction A -19 Construction Staking A-20 Testing and Certification A-21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (NOT USED) A-24 Surety Bonds A -25 Salco Tax Excmption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Rcsponcibility for Damngc Claimo (NOT USED) A -28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A-31 .Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A-34 Precedence of Contract Documents A -35 City Water Facilitic3 Spccial Rcquiromcnto (NOT USED) A-36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Rev. 12/2/99 Page 1 of 3 Government Entities A -40 A-41 A -42 A--43 A -44 A -45 A-46 A-47 A -48 A-49 A-50 NOT USED) Amendment to Section B-8-6: Partial Estimates Ozone Advisory OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) Change Orders (4/26/99) As -Built Dimensions and Drawings (7/5/00) Disposal of Highly Chlorinated Water (7/5/00) Pre - Construction Exploratory Excavations (7/5/00) Overhead Electrical Wires (7/5/00) Amended "Maintenance Guaranty" (8/24/00) Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing & Stripping S5 021040 Site Grading S6 021080 Removing Abandoned Structures S55 022 EART HWORK 022020' Excavation & Backfill for Utilities & Sewers S9 022022 Trench Safety for Excavations 022040 Street Excavation 510 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 025222 Flexible Base High Strength S24A 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement 534 025608 Inlets 563 025610 Concrete Curb & Gutter 025612 Concrete Sidewalks & Driveways 025614 Concrete Curb Ramps 026 UTILITIES 026202 026206 026210 02 64 02 026411 026416 Hydrostatic Testing of Pressure Systems 589 DUCTILE IRON PIPE & FITTINGS PVC Pipe - AWWA C900 & C905 Installation of Water Lines Gate Valves for Water Lines Fire Hydrants 586 Rev. 12/2/99 Page 2 of 3 027 SEWERS & DRAINAGE 027202 027402 Manholes 562 Reinforced Concrete Pipe Culverts S60 028 SITE IMPROVEMENTS & LANDSCAPING 028040 Sodding S8 028200 Mail Box Relocation 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel 542 (Includes Diagram) 037040 Epoxy Compounds S44 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings, & Covers 557 LIST OF DRAWINGS (NOT USED ) SHT 1 COVER SHEET & SHEET INDEX SHT 2 LEGEND, NOTES, ESTIMATE SUMMARY SHT 3 BASE MAPS, TYPICAL STREET SECTION AND TESTING SCHEDULE SHT 4 STREET PLAN & PROFILE ENCANTADA AVE. TO STA. 4 +75 SHT 5 STREET PLAN & PROFILE STA 4 +75 TO PESCADORES DR. SHT 6 STREET DETAILS SHT 7 STANDARD STORM WATER DETAILS SHT 8 STANDARD STORM WATER DETAILS SHT 9 STANDARD WATER DETAILS SHT 10 STANDARD WATER DETAILS SHT 11 DRIVEWAY STANDARD DETAILS SHT 12 DRIVEWAY STANDARD DETAILS SHT 13 TX DOT SIDEWALK RAMP STANDARD DETAILS SHT 14 STORM WATER POLLUTION PREVENTION PLAN NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Rev. 12/2/99 Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PALMIRA AVENUE IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DRIVE, PROJECT NO. 6509; Consists of construction of 547 LF of 18 "RCP, 1 manhole and 4 inlets, about 600 LF of street and associated concrete walks and driveways, replacement of two fire hydrants and other work required to complete the project, in accordance with the plans, specifications and contract documents. Will be received at the office of the City Secretary until 2 :00 P.M., WEDNESDAY, JUNE 17, 2009 and then publicly opened and read. Any bid received after closing time will be returned unopened. A P re -bid meeting will be held on 10:00 A.M., TUESDAY, JUNE 09, 2009. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include discussion of the project elements. 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 596 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 no/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 bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE 30 -Day Notice of Cancellation required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY - -OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage PER OCCURRENCE 1 AGGREGATE $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT REQUIRED NOT REQUIRED See Section B -6--11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED See Section B -5 -11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED. Page 1 of 2 ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" `on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 1 l TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this 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, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage 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. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project 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 of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (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 paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the 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 population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (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 fling 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 a self-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; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) p provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of `coverage ends during the duration of the contract; retain all re uired certificates of coverage on file for the duration of the project and for one (F) required 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 subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (0 If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §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 1 089, 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 §110.1 10 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28 S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION CO SERA CE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.,110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC-83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, 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 limitation, 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 portabk toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage 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: (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, ifthe coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall note 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. I. 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 °f 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 all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ifthe 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, Vthe 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) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision 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- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SrfcIAL PRQVISIONS PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DRIVE PROJECT NO. 6509 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of the City Hall, 1201 Leopard Street, until 2 :00 P.M., Wednesday, JUNE 17, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL: PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DRIVE PROJECT NO. 6509 An •ro•osals not •h sicall in •ossession of the Cit Secreta 's office at the time and date of bid opening will be deemed late and unresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secreta 's office will be deemed non - responsive if not in •ossession of the City Secretary's office prior to the date and time of bid openin3. A pre -bid meeting will be held on TUESDAY, JUNE. 9, 2009, beginning at 10 :00 A.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A -3 Description of Project PALMIRA AVENUE IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DRIVE PROJECT NO. 6509; This project consists of construction of 547 LF of 18" RCP, 1 manhole and 4 inlets, about 600 LF of street and associated concrete walks and driveways, replacement of two fire hydrants and other work required to complete the project. A -4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/04) Page 1 of 23 A--5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference PALMIRA AVENUE IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DRIVE, PROJECT NO. 6509 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 100 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Revised 12/15/04) Page 2 of 23 A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy and Heavy Highway Construction. 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 calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B-7-6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with , facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. Section A - SP (Revised 12/15/04) Page 3 of 23 City Engineer Project Engineer Bass & Welsh Engineering Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) DAY 826 -3500 882 -5521 826 -3547 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 299 -4833 881 -2511 AFTER HOURS 880 -3140 880 -3140 885 -6900 880 -3140 693 -9444 800 -824 -4424 857 -1946 857 -1960 857 -5000 857 -5060 887 -9200 Pager 800- 724 -3624 813 -1124 Pager 888 -204 -1679 881 -5767 Pager 850 -2981 512- 93.5 --0958 972-753-4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonabl y obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently. in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. w • Section A - SP (Revised 12/15/04) Page 4 of 23 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction E meat S•illa•e and Trackin 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 to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Diseosal /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. Section A - SP (Revised 12/15/04) Page 5 of 23 A -17 Field Office SNOT USED) A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule . A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide Section A - SP (Revised 12/15/04) Page 6 of 23 supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey ( R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streeto: Waotcwatcr: ---All intcriccting lines in manholeo; • Ca3ing clevation3 ( top of pipe and flew Water: • All top of valvc3 box; • Valvc3 vault3 rim; ee Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must furnish and install one Project sign. The description and example of the sign required will be issued by addendum. The sign must be installed before construction begins and will be maintained throughout the Project-period by the Contractor. The location of the sign will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/04) Page 7 of 23 A -22 Minorit /Minorit Business Ente rise Participation Polic (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Section A - SP (Revised 12/15/04) Page 8 of 23 Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture:. A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities' and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. 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 Section A - SP (Revised 12/15/04) Page 9 of 23 Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) amended in that the Contractor must pay all f eco and charges levied by the 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 reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) ted in -lieu thereof Section A - SP (Revised 12/15/04) Page 10 of 23 Sic Z A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A - 5P (Revised 12/15/04) Page 11 of 23 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims NOT USED is amcndcd to includc: 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. Section A - SP (Revised 12/15/04) Page 12 of 23 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: p 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity xit to this Project. This experience must include, but not necessarily limite d to , scheduling schedulin of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shal l be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Docu mentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer i n writing prior to such superintendent assuming responsibilities on the g P Project, approval of field administration staff is a prerequisite to the Such written appro Cit En ineer's obligation to execute a contract for this Project. If such Y g pP written such writ approval is not obtained, the award may be rescinded. Further, s ' staff approval is also necessary prior to a change in field administration during tin the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or the replacements in its field administration staff for this Project during t 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; . A schedule of anticipated monthly payments for the Project duration. Section A - SP (Revised 12/15/04) Page 13 of 23 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 hiended Policy on Extra Work and Change orders Tinder "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 Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A -- SP (Revised 12/15/04) Page 14 of 23 A-32 Amended "Execution of Contract" Requirements Linder "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 g Cit Manager, City Secretary, and City Attorney, or their authorized designees. City 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, unt i l g y the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself completion of the Project. Failure obligation to carry out the provisions attend the Pre -Bid Meetin referred to fully with the conditions relating to the to do so will not excuse a bidder of his of this Contract. Contractor is reminded to in Special Provision A -l. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be J iven to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, p Special ASTM specifications, etc., the precedence will be given to addenda, P Provisions and Supplemental Special Provisions (if applicable), construction plans referenced specifications, Standard Specifications, and General ■ Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Orientation Program will be offered by a ho Section A - SP (Revised 12/15/04) Page 15 of 23 All matcrialo and equipment uocd in the repair, eea€er-m te Ame� }ear Etandard Specif ioa o s-- National Standards real oembly ► Try r�� � �t a ITT., � � �r►•t Z sr facility oitc. Blowing trash will not be allowed. The Contractor daily. A . L � w r mu3t provide own sanitary facilitico. 4.T.26Y : - personnel muat be in company vchicleo . Bu ` evacuation.• Section A - SP (Revised 12/15/04) Page 16 of 23 K. e ACQUISITION4- thcac apccificationa. municipal water and wastewater induatry. 3. the prig - S. g. ti ■ opccified heroin. product of one manufacturer. fully ataf f ed Z. i- T- T4±LB, and 7 ana - . ppe..� Z. ..r block° required to show the programming a-o needed and Section A - SP (Revised 12/15/04) Page 17 of 23 A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall .follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d., Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h: Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. g. Section A - SP (Revised 12/15/04) Page 18 of 23 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arran • ement and Char • - for Water Furnished • the Cit Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arran • ement and Char • e for Water Furnished b the Cit , add the following: A -38 Worker's Compensation Coverage for Building or Construction Government Entities The requirements of "Notice to Contractors `B'" are incorporated in this Special Provision. (NOT USED) Projects for by reference A -40 Amendment to Section B -8 -6: Partial Estimates General. and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 O z one Advisory Primin g 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 notif y Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. Section A -- SP (Revised 12/15/04) Page 19 of 23 A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of .chlorine, will be used for Section A - SP (Revised 12/15/04) Page 20 of 23 disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines 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 excavated and surveyed, as well as the Pp a roximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall 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. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. 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 AEP /CPL and inform AEP/CPL of his construction schedule with regard to said overhead lines. Some overhead lines' are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 12/15/04) Page 21 of 23 A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B --8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A,50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT. PALMI • RA AVENUE IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DRIVE; PROJECT No. 6509 OWNER: CITY OF CORPUS CHRISTI ENGINEER: BASS & WELSH ENGINEERING CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 21ST day of JULY, 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 Constar Construction termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $127,128.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DR. PROJECT NO. 6509 (TOTAL BASE BID: $127,128.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 BASE BID PART "A" STREET & SURFACE ITEMS 11 QTY& UNIT M. A2. A3. M. A5. 1601 SY 6109 SF 111 DESCRIPTION Iv V BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES 1 W HMAC Typ *D' 4' R/C Walk 1201 LF 2002 SY A6. A7. A8. 2002 SY 250 LF 560 SF 850 SY 6" RIC Curb & Gutter 6" Crushed Limestone Base to 1' BC Street Excavation to 1' BC 143 la. 00 1 v. v a 3e,o Type "A" R/C Header Curb at Back of Walk Of Necessary) 6" Thick R/C Driveway Grass Soddi D' O 34-ao• ;02, c 5o. 00 242 A9. SF poncrete Curb Ramps 5:oo SUBTOTAL BASE BID PART"A" Al - A9 ;joo 88, 830, 00 BASE BID PART "B" STORM WATER ITEMS 1 Il ITEM B1. QTY& UNIT B2. 4 EA B3. B4. 95. 1 EA 111 DESCRIPTION Iv UNIT PRICE IN FIGURES 18 "RCP • 96. 1 EA Precast Concrete Manhole 33. 00 Trench = ; for 18" RCP 4 EA Trench = = for Manhole V BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES 6 goo. oet %, 0 Trench Sa for Inlet SUBTOTAL BASE BID PART'S" Bi - B3 JSdSI.o0 1 ;O0.0t? 51f70o /00.00 loo, 00 o0. 0* Proposal Form Page 3 of 7 QTY & ITEM - UNIT BASE BID PART "C" WATER ITEMS DESCRIPTION C1. 1 LS , Remove Existing Fire Hydrants C2. 1 LS Proposed Fire Hydrants and Relocated Gate Valves C3. 20 LF B" PVC Pipe UNIT PRICE IN BID ITEM EXTENSION FIGURES (QTYX uNITPRICE IN FIGURES) ��o.. 0 0 24' 0 00 000. 00 g Opi. r ► SUBTOTAL BASE BID PART "C" C1 C3 BASE BID PART "D" MISCELLANEOUS ITEMS ITEM D1. D2. QTY UNIT 1 LS 1 LS 111 DESCRIPTION 3 otDo oo r op Traffic Control During Construction Storm Water Pollution Prevention SUBTOTAL BASE BID PART "0" D1-- D2 SUBTOTAL PART "A" SUBTOTAL PART "B" SUBTOTAL PART "C" SUBTOTAL PART "D" BASE BID SUMMARY STREET AND SURFACE ITEMS STORM SEWER ITEMS IV UNIT PRICE IN FIGURES i el g goo. 049 V BID ITEM EXTENSION (QTYX UNIT PRICE IN FIGURES) WATER ITEMS MISCELLANEOUS ITEMS TOTAL BASE BID SUM OF "A ", "B ", "C" A "D Proposal Form Page 4 of 7 it 1900. ei f3DOr e.)D S, 030- o0 ta 7, 441f, 042 $, gnv. n a '� 1 ai o0 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 100 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary APPROVED D AS TO GAL FORM: By: Asst. City Attorney CITY OF CORPUS CHRISTI By: Oscar Martinez Assistant City Manager By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Constar Construction 44,1,76/74=1:__ By: Title: €/7 . 349 REID DRIVE (Address) VICTORIA, TX 77904 (City) (State) (ZIP ) 361/485-9100 * 361/485 -9101 (Phone) (Fax) Agreement Page 2 of 2 114 `.2 ° , AUTHORiZEb BY COUNCIL t9 =BErNair ilk" P R O P O S A L FORM F O PALMIRA AVENUE IMPROVEMENTS, ENCANTADA AVENUE TO PESCADORES DR. PROJECT NO. 6509 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 7 P R O P O S A L Place: f _ C0vfl ti hr Date: ._ 7- 0 Proposal of N � a organized oration anized and existing under the laws of the Corporation g State of OR a(Partnership)or Individual doing business as �o rr;s'-1 &i. r �' e?P?. TO: The City of Corpus Christi ■ Texas Gentlemen: The undersigned hereby proposes to furnish all labor and tools, and necessary equipment, and to perform the work materials, � � required for: PALMIRA AVENUE IMPRO S , ENC.ANTADA AVENUE TO PESCIADORES DR.; PROJECT NO. 6509 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 7 BASE BID PART "A" r STREET & SURFACE FTEMS 11 111 Iv V BID ITEM Al. QTY & UNIT A3. A5. A6. A7. A8. A9. DESCRIPTION UNIT PRICE IN FIGURES 1601 SY 6109 SF 1201 LF 2002 SY 1 IA" HMAC Type "D" 2002 SY 250 LF 560 SF 850 SY 242 SF 4' RFC Walk 6" RFC Curb & Gutter 6") Crushed Limestone Base to 1' BC Street Excavation to 1' BC Type "A" RFC Header Curb at Back of Walk (If Necessary) 6" Thick R/C Driveway Grass Sodding Concrete Curb Ramps SUBTOTAL BASE BID PART"A" (A1 — A9) BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) ig.t90 r 3,00 ig13j7 00 i� 00 I 67015,0 I000 ;2. c7, 0,;1,0y0 3, 0 to, oo 00 5-:av no �.. 00 a 314-0.0 2 ;2, S 5D. DO 5:oo ;L10600 ggig30,00 BASE BID PART "B" STORM WATER ITEMS Trench Safe for 18" RCP Proposal Form Page 3 of 7 BASE BID PART "C" WATER ITEMS 111 IV V ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES Cl. 1 LS Remove Existing Fire Hydrants C2. 1 LS Proposed Fire Hydrants and Relocated Gate Valves , 20 LF 6" PVC Pipe 00.. Oc 8 OA 00 BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) 30soo G eo . as gi goo, ow SUBTOTAL BASE BID PART "C" C1-- C3 BASE BID PART "0" MISCELLANEOUS ITEMS 11 111 IV V ITEM QTY UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) D1. 1 LS Traffic Control During Construction D2. 1 LS Storm Water Pollution Prevention X 00,, ' c9 SUBTOTAL BASE BID PART "D" D7 -- D2 a 000, coo BASE BID SUMMARY SUBTOTAL E PART ..A.. STREET AND SURFACE ITEMS F 3e'. oo 'SUBTOTAL PART " " STORM SEWER ITEMS rat 7.4 i44/1, o& SUBTOTAL " " PART O WATER TEMS IN E ITEMS ° g 10 0 . ° , SUBTOTAL PART "D" MISCELLANEOUS ITEMS - i2 e ! D , 00 ft ot-7, g, 00 TOTAL BASE BID MSUM OF "A" "B" "C", "D") Proposal Form Page 4 of 7 The undersigned hereby ndersi ned hereb 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 rel. g the work, and that no representations made by the City are in any sense a warrant y but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten calendar days execute the formal contract and will deliver a � l � } Y faithful performance ormance of this Performance Bond (as required) for the f a 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 ama g the City of Corpus Christi in the event t he contract ' and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The • � within receipt of bids, submit apparent low bidder shall, within five days of rece p • p o the City Engineer, in writing,. the names and addresses of MBE firms to � g description of the work to be participating in the contract and bid p performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all will �' than four counterpart (original bonds will be prepared in not less th p signed) sets. Completion: The undersigned of Camp ned agrees to complete the g work within 100 calendar days from the date designated by a Work order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining ° y p thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : /, 4'e 6-10- (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name : Conda r f?tv<;::h orw •- ca,et By: eiFyi Address : 341 �5"�°;� )rfye.. P.O. Box) (Street) 1796)11- (City) (State) (Zip) Telephone: 3 �vl�- �8,� fI''-' HATE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form Page 5 of 7 --T,3c A PERFORMANCE BOND 77/62k STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Constar Construction of VICTORIA County, Texas, hereinafter called "Principal", and [k+c i � r� c- lvxcleiv■y6+,3C.,a, , a p corporation organized under the laws of the State of -'esCcIs and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE HUNDRED TWENTY -SEVEN THOUSAND, ONE HUNDRED TWENTY-EIGHT AND NO /100 ($127,128.00 ) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 21ST of JULY ■ 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DR. PROJECT NO. 6509 (TOTAL BASE BID: $127,128.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3f /i day of J(-'(c, , 20 0 Agency: Contact Person: Address: Phone Number: (NOTE: Date PRINCIPAL 6v151/97,4----/-ipnd By: (=5:;,y/oL, 4"U' ei n A 1 � 6'e./7 � � �' n (Print Name & � 5-5-1) /1G � Title) ATTEST wJkc1jtA hmati b eisfa (Print Name & Title) SURETY Aillad±ILEEJLILIK41.21aILI c..b. By: Atto ney -in --fact 14- »l�cvts (Print 4ame } LLkrrS I1&rrt s lvc;L. A G1Q;I Greece. I A)or- --4.u.)es1' blijcl. cpt&s o T(pI.3&l. of Performance Bond must not be prior to date of contract) (Revised Performance Bond Page 2 of 2 3/08) P A Y M E N T B O N D Berm:q Sy- l-7-7z44 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Constar Construction of VICTORIA County, Texas, hereinafter called "Principal ", and v,4-e4 r∎re 4- +odenrocu ► a corporation organized under the laws of the State of `fie $c.�s and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED TWENTY-SEVEN THOUSAND, ONE HUNDRED TWENTY -EIGHT AND NO /100($127.128.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 21ST day JULY , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES DR. PROJECT NO . 6509 (TOTAL BASE BID: $127,128.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, ' original, thl S t�'].e `j� each one of which shall be deemed an 3( day of j jt:7 , 20 . PRINCIPAL fe)/7914efe. Bv: S'a d i :s-c4 (Print Name & 'D'itle) ATTEST 6rtuil JV (J1-)� (Print Name & Title) SURETY r r, UK\ 4-e t1--- 1 vk de By. r Attorney --in -fact 14 1'k?b(rls (Print Nave ) Agency: aarris q-Ct-rr;s hs. JA- 0).pvuCtj Contact Person: Goal 1't'. Address: IS'-f'-(7 001-1-1-WA)e-- blv4 Qrp gq10 Phone Ntinber: 75 g - o s(9 y (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OP ENGINEERING G SERVICES P.O. BOX 9277 CORPUS CHRISTI, TES 78469 -9277 Rat Certification of Power of Attorney for .Performance and Payment Bonds Project Name /No .: PALMIRA AVENUE IMPROVEMENTS/PROJECT #6509 Surety Company: UNITED FIRE & INDEMNITY CO Gentlemen 1, , (name of off car, of surety) , hereby certify that the facsimile power of attorney submitted by KAY MORRIS ._._. ----_ (Attorney-In-Fact) for (Contractor) , a copy of which is at taohid to this certificate, is a true arid correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with 'the surety. In the event of cancellation of this power of attorney the city of Corpus Christi shall be notified in writing by certified rnai 1 within seven (7) days thereof at • the following address $ 1 City of Corpus Christi Department of Engineering Seicss Attn : Contract Administrator P.O. Sox 9277 corpus Christi, Texas 7B469 -9277 Signed this 31st day of JULY - Name: •Title: , VICE PRESIDENT Sworn and subscribed to before me on this 31st day of JULY 2009. a L0w a� KIMBERLY J. OLSON T. Commission Number 756122 • My Commission Expires (Revised 9/031 ota Pubi State of My Commission Expires ATTACHMENT 1 1 OF 1 CERTIFIED- COPY of POWER OF ATTORN (Original on file at Home Office of Company - See Certification) United =&:ndemni alvr.eston Texas L PERSONS BY: THES laws of t of I: • wa d: U e s the State � � o , an ni exas (herein collectively called •e and aj at •:United .Fire & Casual= : Coen pan :: is cor. oration duly o a:nized and � . • : :• _ : ; . .:::. ..:.- existing ��re t)dennnyCompa y b r ti cn a n and a is tif under the l aws of v npa ��es a nd having its P rin iR al . o ids, tat of Iowa, does m a Ite, 1 -i 1*i S• BOTH I. in- Fact •with yvet ._:and a ithvri :: ` hereb canfefted. tai. =si ri, :seal and execute in its beha p.. Y. :un=d.erta 'ri s and other obli ato , instrum �nts of similar nature as• :follow to bin t o_ here ''a = full and the�-sam ent::as f. :such: =in u-- ent =we -signed ned -.o.: the-:dui: ut prized o � Cerr���inies Mere .�y s . y tc- a ._ xt. stir ice. s -- � g :�� y a � . d� officers of� •he Come •a•n f.s Attorney, r h r r .. ratifie= r �es�� and d •��l�: =t : � e acts =�o eild• Atto � �i�>^s:usrnt to th e����autho� a iven� ��a ...hereby oe:nd�:�oo nfi med ��The�:�Au l� • p n all.the y, � qty ��y�� g � y .. t ortty hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY AND NI: F -!R IN NITY : . JMPA # is _ pow Atto( as .made:. an the - United :. Fi re .40.11 & ca .. y by : t:h a Board f Directors of . Unit. urs ua.nt -to and by author' rril ' =8; ' g :. and pursua ndemn ty CorO any uanua Ie:! - :Sure: :Bonds and : :Under adopted by Board : of following resolution Se Attorney-in-Fact : ,, ,. o • er :o : I : r::- ::`e ction 2, Appoi_ntl gent of The President or any Vice President, or a y eth f 'oe f th ompanies may, from time to time, a_ ppoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance ,:.bands, undertakings and other obligatory instruments of like nature. The signature of any offcerauthorized : a -. po_r::te- eal ma��. be affixed facsimile t f �:rne : ors c -1al :::: ow r_:: -o a- nd ttte �o P at- s may by o any power of Otto y Pe P e f �o rnay o • .: -.... si iaoeither- auho f ized hereby; such signature and seal when so used being do p sp ies asthe: v g in l a gnatur ueoffcer and the original s eal of the Companies, to be valid an d bin d�n . ompa ni ei the rce :and ::effect as ..:t n 9 manually affixed. Such attorneys-in b fact subject to he limitato ns - .s forth n .-..::: ective cat of -such or ty •a i1 have fu l l power to bind the Companies by their s ignature and execution of an y •instruments �• and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any.attorney -in- fact. N WITNESS WHEREOF, the COMPANIES have caused.„,.... •Ose. prs:ents:to be sighed by its vice :president and its corporate seal to be hereto affixed this Sot h; :_ of : App i 1 , 8 UNITED FIRE UNITED 'FIRE:;:: By duly sworn, mdiidpaep seaana say; that he resides in ueaar Ra -ids, esidcnt of t o N 'ED FI E &= =:CASUALTY COMPANY, and a Vice President of the UNITED FIRE::::& INCA eorporatio ns:ldesc �• ri edin an dwhich executed the ab v instrument; that he knows the.seais of said corporatfans; that. 'al affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said ' = :•-e i e • ether: pursuant td <:= eke authority and : acknowledges :- :same::: to :: ,• e the-act and deed of: said • vid :. Mary A. )anseri- tawa Notari�i Se .'Cvmmission*umber•' 713273.:.. .illy Commission 'E pires:: 10/26/10 e, erel seta ce My commission- expires: 10126/10 of:::UN_ITED FIR:::: &. CASUALTY..:- _ftilf =PANY ::and::' Assistant_ Secreta ::�..of:_::1JNITED. FIRE:- : &:.:•INDEM:NITY. � co �� =ed :the =� � �� � - �� :- - y. �.. :� : � =' _:; :;:.: -. _ _ _ that :1 ha a rn ar. - -f re o n o _ . of the = :Pa ver and -':; _ P . o �# � - g�....P .of Atforne ��:and�����a€fiu��iit,.: the co�� a� �t� Y Y P! r. •' Ffi-• aii utc�•�•s�-�of said����= o es-= as= :use #::fort r�svl � � h�; in.=. s�a ids:, F'.o�ve�r.: o �•�Att �= �rn-e. wit � �h Rl:��� I NAL� 11l F�f � = and -#gat the :s C:II��AI�I�f E� a t .... same .are��:corre�t transcripts - is •tai :eof ••� �a n d of th : � .. l �: : =�o �tfi e': �d on �narl:s .: e`- �.. a who o f s a g: �: rn� •= has�=not been re -o ed,Nand is noon = 1n:.,full. -f. rce �a ' •o y .- . f o r� ::o ::::: ereof 1 ha a junto ln��testimon f whe subactibed ::: -: m narde and:�:aifl:+xed the corporate::seal of the•,:s•ar #�:Dompanies day of 1 200 this 1S BPOA0037 (074 ' Secretary Asst. Secretary CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business City of - information. question must be answered. If the question is not with the City to provide the following information. Every questio q applicable, answer with "NA". FIRM NAE C s---/ ie P-7 5- 4.-/--( #-L �r L ; v CITY: It/ gyp/ I ;;;-- . 341 � � � 1 - FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. of each "em to ee" of the City of Corpus Christi having an "ownership interest' constituting 3% �I. State the names p y �Y or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) A ryfi Ar 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 A(/A A1 4 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 iv/4 Al/ti 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 P/A CERTIFICATE 1 certify at all information provided is true and correct as of the date of this statement, that 1 have not �► - requested; and that supplemental statements will be knowingly withheld disclosure of any information requested, pp1 promptly submitted to the City of Corpus Christi, Texas as changes occur. flii iv . [ e 5-- 4- 4., Title: e,eil - Pei If- - 67 r ...-. , , Certifying Person;, a f. (Type or Print) _ , - Signature of Certifying Person: Date: .____�_ 6 Proposal Form Page 6 of 7 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 entice which, for purposes of taxation, are treated as non - profit organlrzations. 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 constructive! y 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 Form Page 7 of 7 ACORP. CERTIFICATE OF LIABIL ITY INSURANCE DATE (MMIDDIYYYY) 07/30/2009 PRODUCER (361) 572-0176 McCormick Insurance Agency 1908 N. Laurent, Suite 340 (P. 0. Box 2487; Zip 77902) Victoria INSURED Constar Construction TX 77901-5459 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Sandy & Cynthia Tesch dba 349 Reid Dr Victoria TX 77904 -- INSURER A United Fire INSURER B: Service Lloyds INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TYPE OF INSU GE POLICY NUMBER THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRANIS' Lj - --- -- POLICY EFFECTIVE POLICY EXPIRATION LTR INSRDD�J- RA I , DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY V EN LIABILITY COMMERCIAL GENERAL L 85313071 08/15/2008 1 1 / 1 1 1 08/15/2009 1 1 1 1 1 1 EACH OCCURRENCE $ 1, 000 , 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 , 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1, 000 , 000 $ v/12,000,000 _ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY Srei n LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 85313071 ' 08/15/2008 1 1 1 1 1 1 08/15/2009 7 1 1 1 1 1 1 COMBINED SINGLE LIMIT (Ea accident) $� 1,000,000 BODILY INJURY (Per pion) $ X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO 1 1 1 1 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 85313071 08/15/2008 1 1 08/15/2009 / 1 1 EACH OCCURRENCE $ , 1, 000, 000 )7 OCCUR CLAIMS MADE AGGREGATE $ 1, 000 , 00 0 DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below SRZ19240 -08 08/19/2008 / / - 08/19/2009 7 / / x I TORY LIMITS 1 ! ER- E.L. EACH ACCIDENT $ 1 r 0 0 0► 000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 ► 000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ OTHER A Contractor Equipment 46304069 / I 06/21/2009 / / / 1 06/21/2010 / / Leased /Rented Equip 100,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT : PALMIRA AVENUE IMPROVEMENTS ENCANTADA AVENUE TO PESCADORES.BLANKET WAIVER OF SUBROGATION ON GENERAL LIABILITY IZ D WORKERS COMPENSATION, BLANET ADDITIONAL INSURED ENDORSEMENT ON GENERAL LIABILITY POLICY , ADDITIONAL INSURED , BUT SUCH COVERAGE FOR CERTIFICATE HOLDER APPLIES ONLY IF REQUIRED BY WRITTEN CONTRACT BETWEEN INSURED AND CERTIFICATE SOLDER. CERTIFICATE HOLDER CANCELLATION (361) 826 -3530 (361) 826-3501 Contract Administrator City of Corpus Christi Engineering Dept P 0 Box 9277 Co - us Christi ,CORD 25 (2801108) 18025 (0108).06 TX 78469- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25 (2001108) NS025 (01 imps AMS Page 2 of 2 -4.a. is deleted and replaced by the following: .,..: - , . the 180th day after you e r�q �� or form the organization or :• a. �overaga under this pr�ob �� afforded ��� until .. the end of the policy period, whichever is earlier. The following 8TO added; 5. Adiopa1 Inured - Owners, Lessees or C o ntrara - Automatic Status When Required in Construction Agreernalkith a�u a. Any peen or organization for wham you are performing operations men .you and LI or organization have r � of ar that such person or organic be added as an additional insuie on your po�Y• aka on is an additional insured only with respect to your iiablty which may be imputed to that person or Organization directly arising � out of your ongoing operations performed for endorsement ends when that person or organization. A person's or organization's as an insured under this end your operations for that insured are completed. b. 1h respect to the i nsu rarice afforded these additional i nsure d$ , the following additional euslon applies: This insurance does not apply to: "property damage", r l and advertising 'ice' a� out of the rendering of, or the ,��p�ici� �n�u� , � Pam f essional architectural, q tr or surveying sere, including: Wide to tender, any professional ' or failing to rune or approve, maps, shop drawings, opinions, reports, surveys, � � � �e preparing, approving, � p and field oars, diange orders or din and specifications; (2) rViSorY, ins on, architectural or engineering activities. 6. MdilltIan Insured - Vendors . - (refermd to b� as hr), but only with respet to "bodily inju " or "property �� pers�an or an��t�n t� sold m the regular course of the send v rs damage" a risii ng out. of your prod u , which are distributed or following exclusions: business, subject t�# #o the fl � a. The insurance afforded the vendor does apply to: el) "Bogy injury" or "property damage' for which the vendor is obligated to pay damage a by rem of the of liability in contract or agreement. This exclusion does not apply to liability for dams that assumption the vendor would have In the absence of the contract or agreement; (2) Any express warranty unauthorized by you; ( 3) Any physical or chemical change in the product made intentionally by the vendor; • unpacked solely for the purpose of inspection, demonstration, testing, or the (4) Repackaging, unless u� � the original container, substitution of pa under instructions from the m anufa ctiure r, and then repackaged h • such inspections, ns adjustments, t� or se rViicin9 as the vendor agreed to make or (5) Any failure to 1�1��t� � r � with the distribution or sale of the normally undertakes to make in the usual course of business, In connection products; • ion se rvi ci n or repair operations, except such operations performed at the vendor's (6) Demonstration, instal l2� with � premises in connection with tl1 a sale of the product; CO 74.52 OS 06 l ncl udes copyrighted materiel of l nsu ran ce SenAces Office, Inc. , with its pen nbsia n, 145639550* Page Bof16 UNITED FIRE GROUP poucv CHANGES Policy: 85313071 Insured: CONSTAR CONSTRUCTION Agency: MCCORMICK INSURANCE AGENCY 833846 Submitted by: KAY 0 MORRIS -- KMORRIS@TISD.N ET Submitted: 8/5/2009 Effective: 7/31/2009 GENERAL CHANGE I ntructio ns Please add Additional Insured on auto section in favor of City of Corpus Christi Dept. of Engineering Services attn Contract Adm1 n istrator P0 Box 9277 COMM Christi, TX 71348943277 UNITED FIRE GROUP POLICY CHANGES Policy: Insured: Agency: Submitted by Submitted: Effective: 853'13b7'l CONSTAR CONSTRUCTION MCCORMICK INSURANCE AGENCY 853845 KAY 0 MORRIS — KMORRIS@TISD.NET 815/2009 7/3112009 GENERAL CHANGE instructions Add 3D Notice to Auto end GL sections (17O22OA- 11 -1 -87) (CO5O5'1 1-65) in—raver-6r City of Corpus Christi Department of Engineering Services attr Coristra it Administrator PO Box Corpus Christi, TX 78469 -9277 Kt Mores From: Kay Morris Ekmorris@tiBd.fletl Sent Wednesday, August 05, 2009 3:43 PM To: 'kkoalineraiservicalloyds.00mi Subject: Constar Constructbn RZ19240-08 u...1 c_. Kristi, Please add 30 Day Notice in favor of: City of Carpus Christi Engineering Services Attn Contract Administrator P 0 Box 9277 Corpus Christi, TX 78469 -9277 Thank you Kay Morris jcCcrrn ick in s. 361.572 -0176 7 1 i7y1VICI Ft! I IOW= - i.;.... •.rt+I 1 L I WWI Iw7�i Iri .IUJl 1 From: Sylvia Arriaga To: Morris, Kay Date: 8/11/2009 10:11:16 AM Subject: RE: Constar Construction Kay -I received the certfication of Power of Attorney for the bonds. So now 1 will send these contracts up to legal for final reveiw of documents. Constar's insurance will be expiring on the 15th of this month. Have you started renewal process and if so please make sure we get renewals on the insurance certificate as soon as possible. Thank you. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361/826-3501 sylviaa©cctexas.com com »> "Kay Morris" <kmorris @tisd.net> 8/6/2009 1 0:12 AM »> You should have wet power tomorrow, or Monday at the latest. I will e-mail endorsements as soon as received. Kay Morris McCormick Ins. 361 -572 -0 176 ----Original Message-- - From: Sylvia Arriaga Jmailto:SylviaAccctexas.com1 Sent: Thursday, August 06, 2009 9 :26 AM To: Kay Morris Subject: RE: Constar Construction OK, please forward copies of the endorsements to me when you receive them. Also, I would like to process these contracts ASAP. Would you please get the bonding company to expedite the wet power to me. Thank you. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826-3530 Fx: 361/826 -3501 sy l v i a aft cctexa s. co m_ »> "Kay Morris" <kmorris a�tisd. net> 8/6/2009 8:44 AM »> We don't get a confirmation from the company when we send in a request. If they don't have any questions or need more information, they just issue the endorsement and send it to us. I haven't heard from them, so I assume they will just issue the endorsement as requested. Kay Morris McCormick Ins. 361 -572 -0176 --- -- Original Message - From: Sylvia Arriaga fmailto:SyIviaA@cctexas.coml Sent: Thursday, August 06, 2009 7:56 AM To: Kay Morris Subject: RE: Constar Construction Ok I see the page where you requested it, but 1 don't have the page that confirms the request. I must be missing a page. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826-3530 Fx: 361/826-3501 sylviaa c.ctexas. com, »> "Kay Morris" <kmorris altisd. net> 8/5/2009 4:56 PM »> It should have been the 5th page. An e-mail to kkoellnerOservicelloyds.com,. If you can't locate it, let me know and I will send again. Kay Morris McCormick Ins. 361-572-0176 --- -- Original Message---- - From: Sylvia Arriaga rmailto: SylviaAccctexas. com1 Sent: Wednesday, August 05, 2009 4:28 PM To: Kay Morris Subject: Re: Constar Construction Kay - I don't see the 30 day NOC on Work Comp? Am I missing something? Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 3611826 -3530 Fx: 36118263501 sylviaa Pcctexas.com, »> "Kay Morris" <kmorrisOtisd.net> 8/512009 4:08 PM »> Ms. Arriaga, Please see attached amended certificate, copy of GL endorsement that shows Additional Insured, copies of requests to add additional insured to auto, requests to add 30 day notice to auto, GL, and workers comp. copies of Vy1YI. • ■■■fuaJ+;.. ■ om. vra av • endorsements can be forwarded upon receipt if required. Information has been provided to the bonding company, and they will send either wet power of attorney or notarized certification form directly to you. If more changes or additions are needed for our insured to comply, please let me know. Thank you Kay Morris McCormick Ins. 361 -572 -0175