HomeMy WebLinkAboutC2009-435 - 9/8/2009 - Approved2009-435
1~L009-249
10/13/09
[nfinity Builders
S P E C I A L P R O ~T I S I .,~ ~~
S '~' 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 0 R
B , E . B , ~~:~D ~~ KRLTSE TE~'I S
CE~+3TERS C~~TRT IMPROVEMEI~'TS
PR~V~E~T ISO . 3 3 9 ~.
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS ~ `~'~~
Phone : 3 61 /~'bt- 3 5 0 0
Fax : 3 61 /~8°9'- 3 5 01
07/10/09
PROJECT NO: 3391
LRAV~'ING NO: CP 174
Project. # 3391
H.E.B. and Al Kruse Tennis Centers Court Improvements
HEB AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS
PROJECT N0.3341
Table of Contents
NOTICE TO BIDDERS
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - B
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
n , ~ ^ ^ ,. ° «a ~r..°~° r,<~t ~ ~ot Used) 07/10/09
err ------------ --- =..._~ ..
A-14 Construction Equipment Spillage and Tracking
^ , c ~~,„w.,°~:,,« w~.a n°.,,,,<,°t~ (Not Used)
A-16 DisposaUSalvage of Materials
^ ~ ~ ~'°!a ^~c., (Not Used)
A-18 Schedule and Sequence of Construction
^ , o r +• ~...<:°,.+ r .,< „+ .,«a rte,.«*..,,t (Not Used)
J J~^
A-20 Testing and Certification
A-21 Project Signs
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A-24 Surety Bonds
^ ~c c°~°~ T'°° ~°°mn*;~„ NO LONGER APPLICABLE (6/11/98)
A-26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
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
TABLE OF CONTENTS
1 OF 3
Project # 3391
H.E.B. and Al Kruse Tennis Centers Court Improvements
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
~~C ~•1z, ~I/.,+o.• T.~n~,a:+:na ~.~on:nl Dc°-guii~mor.+n (Not Used)
A-36 Other Submittals (Revised. 9/18/00)
~T--~=e~ea ~~ ^ + a ~~,., a f ,. ivz+o,. ~,,..., ~~.oa ~, . +~.o r:,~,~~ mot Used)
~a ~ ~
A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities
A-39 Certificate of Occupancy and Final Acceptance
A-40 Amendment to Section B-8-6: Partial Estimates
^~-O~an~d-a~~ (Not Used)
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
A-45 As-Built Dimensions and Drawings (7/5/00)
(Not Used)
^ n~ n ~ + +• ~ i ,.~+ , ~ . ,~+:,,,,~ ivcinm (Not Used)
r ~ ~
A-48 Overhead Electrical Wires (7/5/00) _ _
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amended Prosecution and Progress
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
01100 Summary
01200 Price and Payment Requirements
01300 Administrative Requirements
01500 Temporary Facilities and Controls
01600 Product Requirements
01700 Execution Requirements
DIVISION 2 - SITE WORK
02225 Minor Demolition for Remodeling
02520 Concrete Sidewalk
02821 Chain link Fences and Gates
02961 Flexible Pavement Sealing
DIVISION 3 - CONCRETE
03300 Cast-In-Place Concrete
TABLE OF CONTENTS
20F3
Project # 3391
H.E.B. and Al Kruse Tennis Centers Court Improvements
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07311 Asphalt Shingles
DIVISION 13 - SPECIAL CONSTRUCTION
13130 Post Tension Concrete Overlay -Tennis Courts
13131 Resurface -Tennis Courts
DIVISION 15- MECHANICAL
15010 Supplementary General Conditions for Mechanical Work
15800 Heating, Ventilating and Air Conditioning
LIST OF DRAWINGS
Sheet No. Description
1 TITLE/INDEX/LOCATION
2 SITE PLANS (H.E.B.)
3 COURT OVERLAY PLAN/DETAILS (H.E.B.)
4 SITE PLANS (AL KRUSE)
5 STRUCTURE REPAIRS (AL KRUSE)
6 DETAILS (AL KRUSE)
7 MECHANICAL FLOOR PLAN, SCHEDULE AND DETAILS
NOTICE
AGREEMENT
. , PROPOSAL/DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
TABLE OF CONTENTS
30F3
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
H.E.B. AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS,
PROJECT #3391;
consisting of concrete overlay, asphaltic tennis court repairs and
painting, new wind screens and miscellaneous repairs at H.E.B. and Al
Kruse Tennis Centers and air conditioning replacement at Al Kruse
Tennis Center.
in accordance with the plans, specifications and contract .documents;
will be received at the office of the. City Secretary until 2:00 .m.
on Wednesda Au ust 12, 2009, and then publicly opened and reac. Any
bi receive a ter c osing time will be returned unopened.
A pre-bid meeting is scheduled for 02:00 p.m., Wednesday, August 05,
2009 and will be conducted by the City. T e location o t e meeting
wiT~be the Department of Engineering Services Main Conference Room,
Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX.
A bid bond in the .amount of 5~ of the. highest amount bid must
accompany each proposal. Failure to provide the bid bond will
constitute a non-responsive proposal which will not be considered.
Failure to provide required performance and payment bonds for
contracts .over $25,000.00 will result in forfeiture of the 5% bid
bond to the City as liquidated damages. Bidder's plan deposit is
subject to mandatory forfeiture to the City if bidding documents are
not returned to the City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fifty and no/100
Dollars ($50.00) as a guarantee of their return in good condition
within two weeds 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 MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
6. Hazard
7. Contractual Insurance
8. Broad Form Property Damage
9. Independent Contractors
10. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE ^ REQUIRED
Not limited to sudden & accidental discharge; to include ~ NOT REQUIRED
long-tern environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
^ REQUIRED
NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance
Requirements
REQUIRED
^ NOT REQUIRED
Page 1 of 2
OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's
compensation liability coverage.
OThe name of the project must be listed under "description of operations" on each certificate of insurance.
OFor 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 aze 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 880-3504.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 11
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Construction
Projects for Governmental Entities
(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 aself-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
-civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of paragraph (?) of this subsection, using
the language required by paragraph (?) of this subsection;
(2) as part of the contract, using the language required by paragraph (?) 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 frotri 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
(?) 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 Hales. 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 1 I
(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)-(Ii) 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 filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage. for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 11
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in paragraph (3) of
this subsection;
(D} provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all. required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have larown, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(II) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
law to be advertised for bid.
Page 6 of 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 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T28S 110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Tezas 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 X406.096) -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 portable 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 ojcoverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certif sate 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, if the coverage period shown on the current certificate of
_ coverage ends during the duration of the project.
Page 9 of 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. ?'he contractor shall noti, fy 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 tart, 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 of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for 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 certif cate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown. on the current certif:sate of coverage ends during the
duration of the project;
(S) 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 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
SPECIAL PROVISIONS
H.E.B. AND AL RRUSS TENNIS CENTERS
COURT IMPROVEMENTS
Project No. 3391
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 City Hall,
1201 Leopard Street, until 2.00 p m Wednesday, August 12, 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 - H.E.B. AND AL RRUSE TENNIS
CENTERS COURT IMPROVEMENTS, PROJECT NO. 3391
Aay proposals not physically in possession of the City Secretary's Office at
the time and date of bid opening will be deemed late and nonresponsive. Late
proposals will be returned unopened to the proposer. The proposer is solely
responsible for delivery to the City Secretary's Offa.ce. Delivery of nay
proposal, by the proposer, their agent/representata.ve, U.S. Mail, or other
delivery service, to any City address of office other than the Cs.ty
Secretary's Office will be deemed non-responsive if not in possession of the
City Secretary's Office prior to the date and time of bid opening.
A pre-bid meeting will be held on Wednesday, August 5, 2009, beginning at
2:00 pm. The meeting will convene at the Engineering Services Main Conference
Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and
will include a discussion of the project elements. If requested, a site
visit will follow.
No additional or separate visitations will be conducted by the Cit
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Description of Project
H.S.B. AND AL RRIISE TENNIS CENTERS COURT IMPROVEMENTS consisting of concrete
overlay, asphaltic tennis court repairs and painting, new wind screens and
miscellaneous repairs at H.E.B. and Al Kruse Tennis Centers and air
conditioning replacement at Al Kruse Tennis Center.
A-4 Method of Award
The bids will be evaluated based on the following order of priority, subject
to the availability of funds:
1. Total Base Bid, -or-
2. Total Base Bid plus nay one or all of the Additive Bid Items,
subject to the availability of funds
Section A - SP
(Revised 12/15/04)
Page 1 of 23
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.
Explanation of Bid Items:
Base Bid:
Construction of all items indicated in the Contract Documents, except those
specifically delineated in Additive Bid Item No. 1, Additive Bid Item No. 2,
Additive Bid Item No. 3, Additive Bid Item No. 4 and Additive Bid Item No. 5.
Including, but not limited to, base repair and concrete overlay on Courts 3
and 4 at H.E.B. Tennis Center; fill, asphalt overlay, painting of the north
tennis courts and new windscreen and tennis court nets at Al Kruse Tennis
Center, new pvc benches, repair and painting of walkways, new air
conditioning and 6 foot high chain link fencing, repair of existing wood
benches, retaining wall repair, paint and repair of existing gazebo, re-roof
of existing picnic cover and new composition shingle roofing on the club
house.
Additive Bid Item No. l:
Removal of existing ceramic floor the and base in the Men's Shower at Al
Kruse Tennis Center and providing. new ceramic the flooring and base.
Additive Bid Item No. 2:
Painting of all interior walls of the clubhouse at Al Kruse Tennis Center.
Additive Bid Item No. 3:
Painting of the interior walls in the Men's and Women's .Locker Rooms at Al
Kruse Tennis Center.
Additive Bid Item No. 4:
A unit price per tennis court to patch and paint each of the remaining seven
courts with 2 coats black asphalt and 2 coats of finish at Al Kruse Tennis
Center.
Additive Bid Item No. 5:
Sealing and. re-striping of the existing parking lot at Al Kruse Tennis
Center.
Contractor shall guarantee bid for 60 days.
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5~ Bid Boad (Must reference S.E.B AND AL KRUSE TENNLS CENTERS COURT
IMPROVEMENTS. PROJECT NO. 3391 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 entire project, (including any one or
all Additive Bid Items if awarded), for the Project will be 180 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.
Section A - SP
(Revised 12/15/04)
Page 2 of 23
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.
Special Schedule for Tennis Court Resurfacing at Al Kruse Tennis Center
Due to operational constraints, resurfacing of the tennis courts at Al Kruse
Tennis Center shall not begin until December 1, 2009. All other work can
begin immediately upon receipt of Notice to Proceed.
A-7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to-work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Faxed Proposals
Proposals faxed directly to the .City will be considered non-responsive.
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B-2 of the General Provisions.
A-9 Acknowledgment of Addenda
The. Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
Section A - SP
(Revised 12/15/04)
Page 3 of 23
A-10 Wage Rates {Revised 7/5/00)
Labor preference and wage rates for BUILDING and HEAVY CONSTRUCTION. In case
of conflict, Contractor shall use higher wage rate.
Mulinmun Prevailing Wage Scales
The Coypus Christi City Council has determined the general prevailing mulimiun 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 cellars ($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 ~ the actual wages paid to each
worker.
The Cantractor will make bi-weekly certified payroll submittals to the City Engineer. The
Contractor will also obtain copies of such certified payrolls fran 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 Fblicy for
additional requ_i.rements concernuzg the proper form and content of the payroll submittals.)
One and one-half (1'~z) 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 Texas One-Call System 1-800-245-4545, the Lcne Star Notification
Cctt~any at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractors
convenience, the following telephene numbers are listed.
City Engineer
Project Engineer:
Dykema Architects, Inc.
Traffic Engis~eeririg
fblice Department
Water DepartmPSlt
Wastewater Department
Gas Deparment
Storm Water Department
Parks & Recreation Department
Streets & Solid Waste Services
A E P
AT&T/S B C
City Street Div. for Traffic
Signal/Fiber Optic Locate
Cablevision
ACSI (Fiber Optic)
KMC (Fiber Optic)
ChoiceCan (Fiber Optic)
CAPRCQC. (Fiber Optic)
Brooks Fiber Optic (MAN)
826-3500
882-8171
826-3540
882-1911
826-1880
826-1818
885-6900
826-1881
826-3461
857-1970
299-4833
881-2511
(826-3140 after hours)
(826-3140 after hours)
(885-6900 after hours)
(826-3140 after hours)
(693-9444 after hours)
(1-800-824-4424,after hours)
826-1946 857-1960
857-5000 (857-5060 after hours)
887-9200 (Pager 800-724-3624)
813-1124 (Pager 888-204-1679)
881-5767 (Pager 850-2981)
512/935-0958 (Nbbile)
972-753-4355
Section A - SP
(Revised 12/15/04)
Page 4 of 23
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features. sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flumed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control NOT USED
wee 9-~ 5 ~~ F F ' 6~~'6 ~ ~~L-~vxa~~-cc
A 14 Construction Equipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Section A - SP
(Revised 12/15/04)
Page 5 of 23
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation and Removals NOT USED
-gt~~sarng-a goy-gre;P~ e€ grass when apps}ed w}~h seed,~se~--ate
an-• tamer-x,~te~tal tli~t ,ae~r.,...-~ ~r.~,,,_s~,. ~~~..v...,,... ~~ hµm~„v.. thy v,.._.~,. of
~y-q.v~ ...__-~_-_ .--___ - ^rr _~.z ua:c, ~.. u.N~i.~ y^~vv. a,u
7-~~~'
i i
i i
m{cisvucic'~n ~ ~ czti'xct2 f--v ~E, $9~i~l~ee~ ~3yfEle£3~ w~~~ ~e ma~e `"' ~`""~~"~""'F"~."~
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
A-17 Field Office NOT 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.
Section A - SP
(Revised 12/15/04)
Page 6 of 23
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 NOT IISSD
-- ,
eent~el e€ '~-wa"~-
,_ _____i__ ~_-.... .....A , ..1~ .,F
a .. ,,,.~,.~ ..._- ______ -
i
i
i
_ .. .._ ~__ _... n..,., ..,,,a-, .. ~- n,., .,~
_ _ __ ___ ~ ___. .....A ..,~., L. ..,, ,t
i. t,,,.. ~ .~ r------ - -- -- -
r
~~~ai~-rig }e the~eehe~le F -' ~ ~: ,. e~.~
~,-,. ^~^
-~_
7 Y~r
-- -- -
a- S~ ~e e~-~ez~s-ems a ~ A e , ~ ^ r.., , `' , , ~' .,
Section A - SP
(Revised 12/15/04)
Page 7 of 23
• All-~i~Ti~v~r~--~le{r~iens-~~ma~teles,
• All ~~,.,_.cccti^^ li..c~ .~.. .., rholc
`7 " ,
• ~'&5~~3g e~e'da~~6~39-i'~6p-A€-p3:pe ,-„a F~ `• ~ ' ^~ cmvnnm ...a nn : +-.. ~
NA
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 Sigas
The Contractor must install 2 Project signs furnished by the City as
indicated on the following drawings. (Attachment I) The signs must be
installed before construction begins and will be maintained throughout the
Project period by the Contractor. The location of the signs will be
determined in the field by the City Engineer. One sign shall be installed at
each of the construction sites.
A-22 Minority/Minority Business Enterprise Participation Policy (Revised to/9a)
1. Polic
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals., as stated herein, both for
minority and female participation by trade and for Minority Business:
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named .person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican-Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
Section A - SP
(Revised 12/15/04)
Page 8 of 23
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned 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:
Section A - SP
(Revised 12/15/04)
Page 9 of 23
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 o.f the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved.. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00)
The Contractor shall assure the appropriate building inspections by the
Building Inspection Division at the various intervals of work for which a
permit is required and to assure a final inspection after the building is
completed and ready for occupancy. Contractor must obtain the Certificate of
Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby
amended in that the Contractor must pay all fees and charges levied by the
City's Building Inspection Department, and all other City fees, including
water/wastewater meter fees and tap fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10~) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10~) of the Surety
Company's capital and surplus with reinsurers) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10%) of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
Section A - SP
(Revised 12/15/04)
Page 10 of 23
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)
,
c „ ,.. .- •.-,.tee --- ..F
,
3. P-ram-ide ~esale~=~ `~
rr
_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
chan e to:
Section A - SP
(Revised 12/15/04)
Page 11 of 23
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469--9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
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
Paragraph {a) General Liability of Section B-6-11 of the General Provisions
is amended to include:
Contractor must provide Installation Floater insurance coverage for the
term of the Contract up to and including the date the City finally
accepts the Project or work. Installation Floater coverage must be an
"All Risk" form. Contractor must pay all costs necessary to procure such
Installation Floater insurance coverage, including any deductible. The
City must be named additional insured on any policies providing such
insurance coverage.
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, all bidders must provide with
their proposal documentation concerning:
Section A - SP
(Revised 12/15/04)
Page 12 of 23
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and .complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures..
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
glgineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A 30 Amended "Consideration of Contract" Requirements
Under "General
Contracts" Sectio
Provisions and Requirements for Municipal Construction
n B-3-1 Consideration of Contract add the following text:
Section A - SP
(Revised 12/15/04)
Page 13 of 23
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
Submit the following with the Bid Proposal:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show .that- MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been .made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has-not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City. Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon --
which to annul the Contract pursuant to Section 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.
Section A - SP
(Revised 12/15/04)
Page 14 of 23
A-31 Amended Policy on Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
Policy on Extra Work and C:~ange Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 Amea~ded "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perfornl under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre-Bid Meeting referred to is Special Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 City Water Facilities: Special Requirements (NOT USED)
Section A - SP
(Revised 12/15/04)
Page 15 of 23
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Section A - SP
(Revised 12/15/04)
Page 16 of 23
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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.
shy== apse submit ene '~T-regredtxe}ble tr~~tspa-rene r
~~
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which.
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
I Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
Section A - SP
(Revised 12/15/04)
Page 18 of 23
Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A 37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED
77..~
L , G T.^ o.. ~- ~.,~ r+4.-. Fn t.7,h., c. ~ 1+ «-L, n' ~- add t22e F..l~~` -
.., --1 ,
~-1~e-~en~raete~ mist ee~3-~--y~itft the
2Ai3~lt~ .m., n' ~- a.. ' ~ l , a F ..i, n1 ~- r+ ~... ,.~-.. -..-
Yl
•J
_ A 38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors 'B "' are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Final Acceptance
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision B-8-
9.
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates. is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project 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 Ozone Advisory NOT IISED
~~empe~sated at the ~~it~-=~~ r
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
Contracts" B-6-2]
entirety and the
Provisions and Requirements for Municipal Construction
Indemnification & Hold Harmless, text is deleted in its
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 alI work constructed. As
a minimum, the final drawings shall include the following:
(lT 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 (~/s/oo) NOT USED
Section A - SP
(Revised 12/15/04)
Page 20 of 23
A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT IISED
e,
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_ ,
e-~evatiens e€ the tee€-=~=_~ N. r~„
Q9$~~1~3Gs~6~ $~3~~-gel'€6i~'3tF '. ~- ' ••~ ~.t, ~rn~ee~ auc~~-orr
~~~
A-48 Overhead Electrical Wires (7/5/00).
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
Section A - SP
(Revised 12/15/04)
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: H.S.B. AND AL KRUSS TENNIS CSNTSRS COURT IMPROVEMENTS; PROJECT
No. 3391
OWNER: CITY OF CORPUS CHRISTI
ffi7GINSER: DYKEMA ARCHITECTS, INC.
CONTRACTOR:
SUBMITTAL DATE:
APPLICABLE SPECIFICATION
OR DRAWING
SUBMITTAL NUMBSR:
SUBMITTAL
Section A - SP
(Revised 12/15/04)
Page 23 of 23
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ATTACHMENT NO. 1
A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEI~NT is entered into this 8TH day of SEPTEr~ER,
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 Infinity
Builders, Inc. termed in the Contract Documents as "Contractor,"
upon these terms, performable in Nueces County, Texas:
In consideration of the payment of $249,000.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
H.E.B. AND AL RRUSE
TENNIS CENTERS COURT IMPROVEMENTS
PROJECT NO. 3391
(TOTAL BASE SID: $249,000.00)
according to the attached Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in their
attached bid proposal supplying at their expense such materials,
services, labor and insurance as required by the attached Contract
Documents, including overseeing the entire job. The Contract
Documents include this Agreement, the bid proposal and
instructions, plans and specifications, including all maps, plats,
blueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
BASE BID : $ ~ ,+
ADDITIVE BID ITEM NO.1: $
ADDITIVE BID ITEM NO. 2: $
~- - ~~ ~a
ADDITIVE HID EM `
.~
ADDITI ITEM NO. 4: $ ~ a PER COIIRT
C~- . ®~
ADDITIVE BID ITEM NO. 5: $ ~i ~ ~ l ~
The undersigned hereby declares that he has visited the site and
has carefully examined the plans, specifications- and contract documents
relating to the work covered by his bid or bids, .that he agrees to do the
work; and that no representations made by the City are in any sense a
warranty but are mere estimates for the guidance of the Contractor.
PROPOSAL FORM
PAGE 3 OF 6
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 180 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST:
City Secretary
CITY OF CORPUS CHRISTI
By: D~
Oscar Martinez, sst. City Mgr.
of Public Works and Utilities
APPROVE AS TO~7~EGAL FORM:
By : </
Asst. City A torney
ATTE
(Note.: Zf Person signing for
corporation is not President,
attach copy of authorization
to sign)
By:
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
Infin/ity Builders, Inc.
BY ~ A ~d-~-GL.GLS
Title: P~,~~iQn-~
6948 U . S . H~tv 83 South
(Address)
Laredo, TX 78046
(City) (State)(ZIP)
.956/723-$717 * 956/723-1296
(Phone) (Fax)
r " ~ AUTHORIZk~i
~r croU~c~~.. ~ 9
~.uro~
Agreement SECRETARY
Page 2 of 2
(Seal Below}
P R O P O S A L F O R M
F O R
H.E.B. AND AL KRU3E TENNIS CENTSR3
COURT IMPROVEMENTS
Project No. 3391
DEPARTN~NT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PROPOSAL FORM
PAGE 1 OF 6
P R O P O S A L
Place:
Date : QUgUS~, 12.. 200q
Proposal of ~' J Y ~~ '
a Corporation organized and existing under the laws of the
State of ~~~ ~J
OR
a Partnership or Individual doing business- as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:°
H.E.B. AND AL RRUSE TENNIS CENTERS
COUg,T IMPROVSMENTB
Project No. 3391
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 6
BASE BID: $ i r
ADDITIVE BID ITEM NO.1: $
.~
ADDITIVE BID ITEM NO. 2: $
~~ ~ a
ADDITIVE BID IT `
• - V
ADDITI TEM NO. 4: $ ~ t PER COIIRT
. C~v
ADDITIVE BID ITEM NO. 5: $ ~/~ ~ ~
The undersigned hereby declares that he has visited the site and
has carefully examined the plans, specifications and contract documents
relating to the work covered by his bid or bids, .that he agrees to do the
work; and that no representations made by the City are in any sense a
warranty but are mere estimates for the guidance of the Contractor.
PROPOSAL FORM
PAGE 3 OF 6
Upon notification of award of contract, we will within zen Elul
calendar days execute the formal contract and will deliver a Performance
Bond (as required) for the faithful performance of this contract and a
Payment Bond (as required) to insure payment for all labor and materials.
The bid bond attached to this proposal, in the amount of 5~ of the
highest amount bid, is to become the property of the City of Corpus
Christi in the event the contract and bonds are not executed within the
time above set forth as liquidated damages for the delay and additional
work caused thereby.
Minority/Minority Business Enterprise Participation: The
apparent low bidder shall, within five days of receipt of bids, submit to the City
Engineer, in writing, the names anti addresses of MBE firms participating in the contract
and a description of the work to be performed and its dollar value for bid evaluation
purpose.
Number of Signed Sets of Documents: The contract and all bonds
will be prepared in not less than four counterpart (original signed) sets.
Time of Completion: The undersigned agrees to complete the
entire work, including additive bid items if awarded, within 180
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 thereto, for the sum or sums above set forth.
Receipt of the following addenda is acknowledged (addenda
number) : ~c'~~rtiC~U ~ ~
(SEAL IF BTDDER IS
a Corporation)
NOTB: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Respectfully submitted:
Name: V
By:
Tt1RB
Address : ~','g la ~J ~"~ l1~tJ $ 3 S
(P.O. Box) (Sttreet)
~„nro~r~ ~071a5 ~0~~'V
(Citl) (State) (Zip).
elephone : (q'Jlr ~0`~3 - 411`1
(Revised August 2000)
T
PROPOSAL FORM
PAGE 4 OF 6
P A Y M E N T B O N D #70775545
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT Infinit~r Builders, Inc. of WEBS County, Texas,
hereinafter called "Principal", and Western Surety Company ,
a corporation organized under the laws of the State of South Dakota ,
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 TWQ
HUNDRED FORTY-NINE TSOUSAND AND NO/100($2~49~800.00) 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 STH day SEPTEMBER 20 09 a copy of which
is hereto attached and made a part hereof, for the construction of:
S.E.B. AND AL KRUSE
TENNIS CENTERS COURT TMPROrS
PROJECT N0. 3391
(TOTAL SASE SID: $49,000.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTBER, 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 teams
of the contract, ar to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying t e same s a min
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 Z of 2
#70775545
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 de~.ivered 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 Lnsurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which sha11 be deemed an original, this the 20th
day of September , 2009
PRINCIPAL
B Y ~ ~~at-~--'-=-~ ~r i ..~ ~~
n i n ..
Print
ATTEST
C~ived acv ~ -far
{Print dame & Title)
SURETX
Western Surety Company
By:
Attorne -in-f
Debra Jean Godwin
{Print Name)
The Resiti~t Ag~etat of the S~.rety ~i.r~ Aiueces Ca~~P ~'s, for
deZ3verg of notice aad serv'i.ce of process mss:
qtr--~n-- Swanter & Gordon Insurance A enc
r ~; etc t~a~ ;
~'~~~~Q ~ ~~,.~sc~._ , ary a en oore
~a.~dr~ss : P O Box 870
Corpus Christi, TX 78403
Fhesrte N~ber: 361-883-1711
(NOTE: U~ta of Ya;mien~ Frond must not be prior to daY.e of contract) (kevisec! 3/O8)
E'aytnetiL L'oiiu
Page 2 of 2
P A Y M E N T B O N D
STATE OF TEXAS §
COUNTY OF NUECES §
IU`TOW ALL BY THESE PRESENTS:
THAT Infinity Builders, Inc. of WEBB County, Texas,
hereinafter called "Principal", and ,
a corporation organized under the laws of the State of ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Carpus 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 TWO
HUNDRED FORTY-NINE THOUSAND AND NO/100($249,000.00) DOLLARS, lawful
money of the United States, to be paid in Nueces County, Texas, for
the payment of which sum well and truly to be made we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH day SEPTEMBER 20 09 a copy of which
is hereto attached and made a part hereof, for the construction of:
H.E.B. AND AL KRUSE
TENNIS CENTERS COURT I1~ROVEMENTS
PROJECT NO. 3391
(TOTAL BASE BID: $249,000.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, arLd it does here~:y
waive notice of any such change, extension of tiI?'t@, alt~raticn or
addit30n t0 the terms Of the COntrSOt, Or tC th2 6Ork t0 be
Yd Jiii~l i~ ~CGti ~'
~dQ~ i. Ot t':
P E R F O R M A N C E B O N D #70775545
STATE OF TERAS §
__ KNOW ALI, BY THESE PRESENTS:
COUNTY OF NUECES ~
THAT Infinit~r $uildera, Ina. of WEBB County, Texas,
hereinafter' called "Principal", and Western Surety Company a
__ corporation organized under the laws of the State of South Dakota ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a .municipal corporation of Nueces County,
-~ Texas, hereinafter called "City", in the penal sum of TWO HUNDRED
FORTY-NINE THOUSAND AND NO/100{$249,000.00) DOLLARS, lawful money
of the United States, to be paid in Nueces County, Texas, for the
- payment of which sum well and truly to be made we bind ourselves,
our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION TS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
- Christi, dated the B_ TH of SEPTEMBER , 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
H . E . 8 . AND AL RRLTSE
TENNIS CENTERS COURT IMPROVEMENTS
_ PROaECT NO. 3391
(TOTAL BASE BID: ,249,000.00)
_- NOW, THEREFORE, if the principal shall faithfully perform said
work. in accordance with the plans, specifications and contract
documents, including any changes, extensions, ar guaranties, and if
_ the principal shall repair and/or replace all defects due to faulty
materials and/ar 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.
PRpysDED E'~iTHER, 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-ablution on-~h-is b~rnd, audit doeshereby --
waive notice of any such change, extension C1i time, alteration pr
addition to the terms of the contract, or to the work to be
- performed thereunder.
performance ~on~'
Pdt#e 1. Q 2
#70775545
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 20th
day of September , 2009
PRINCIPAL
Tn ~i° ni ~ ~L,~~ ~, T nr'~.
N r i ewe o ~ Pr ~ t.
(Print e & Title)
ATTEST
C~ivcd acv ~ -far
(Print Name & Title}
SURETY
Western Surety Company _
4
_ Attarne -in--f
Debra Jean Godwin
{print Name)
The Resident Agr..~t caf the ~x~etg ixf Nt~~c~a Ca-arFm Tom, for
deliverg of a:vtice and service of process zs:
art--~n-- Swanter & Gordon Insurance A enc
r ~; ate ~~a~ ;
~,.~ .~mQ~ ~ersc,.-. arye en ooze ---
~ddjc'pss : P O Box 870
Corpus Christi, TX 78403
Pha,~t¢ Nzu~ber: 361-883-1711 _~ _ ___
(NOTE:: Data of Pa;mient Mond must not be prior to date of contract) (Revised 3/OA)
E~a~IneciL Boiiil
Page 2 of 2
P E R F O R M A N C E B O N D
STATE OF TEXAS §
I~iOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
THAT Infinity Builders, Inc. of WEBB County, Texas,
hereinafter called "Principal", and a
corporation organized under the laws of the State of ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of TWO HUNDRED
FORTY-NINE THOUSAND AND NO/100($249,000.00) DOLLARS, lawful money
of the United States, to be paid in Nueces County, Texas, for the
payment of which sum well and truly to be made we bind ourselves,
our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH of SEPTEMBER , 20 09 , a copy of which is
hereto attached and made a part hereof, for the construction of:
H.E.B. AND AL RRUSE
TENNIS CENTERS COURT IMPROVEMENTS
PROJECT NO. 3391
(TOTAL BASE BID: $249,000.00)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (Z?
year from the date of completion and acceptance of improvements bTy
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PR:a~7IDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
and tf'iat said surety for value received hereby stipulates that
no change, exterision of time, alteration or additicn to the terms
j;a r?; nt ~~^ i-ny i-iic~ yy r r,crfn r'! t -;~ei,~ r t ~^1 n~
of T ~ co~= ra.~.., L __ o-k ~ _ rn^e~ he_ nde_, or he N_a~~~:,
specifications, drawings, etc., acco~«panyir.g Lh^c same shall in
anywise affect its obligation on this bond, and it does hereby
T i ~, - .~..1 J ~ ~ !., ~ v ~ ,-~ ri? r ~' t? r+ f^: r ~- ~ T, rf (-' _ G V'f' G i-~ c~ = ~, ;-~ ri - - ~ n, `_'- _ ~ i'- ° -r .~,. _ - _ - _ -
...i .y ~~ T rt'?- tp r.. - -
aii4-.- ~li:rli ~... c-.i.~. ~.t~.~ i...iai. i-.:.; !: ~~G. ~. ~. E ~.- .. .... FY' i= l.'v~ _~-.~
~eiLnY'~iP~ ~"~Pr~..':1::...'er .
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the _
day of 20
PRINCIPAL
By:
(Print Name & Title)
ATTEST
(Print Name & Title)
SURETY
By:
Attorney-in-fact
(Print Name)
.=~ a-y-~,~~=a ~ '' @aa~+s. a~~ a.~a@ u~'t8~'@~~7 133. BIZ@C@S C01ZI].'t17~ Z°@X3~ ~ Off`
~~~ j,~~.t O~ ~#r'~.3.C@ e"f3'lth~ S@zviCe tai' p3"OC@:Sf> 3S:
ra~}~.sa~~r .
~~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRM NAME ~.,~r1i~'
STREET: c
FIRM is: 1. Corporation
CITY: I...~rQI~O 21P: ~~~'~'
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.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
Iy ~ ~
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
~S{A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name •• (( Board, Commission or Committee
N~~
4. State the names of each employee or officer of a "consufitant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership inten3st"constituting 3% or more of
the ownership in the above named "firm".
Name Consultant
~Sla
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as Chang s occur.
" Title: V r
Certifying Person: V l ~(
(Type or Print) n
Signature of Certifying Person: Date: ~ g ~ ~ ~-' ~ q
PROPOSAL FORM
PAGE 5 OF 6
r v vv ~~ yr t~ i i vnl~~ i
(Irrevocable) No. SP- 2 2 7 7 0 816
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving
officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following
F U U R ~ authorized individuals:
AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS
DEBRA. JEAN GDDWIN
SHARON A STONE-PIEGZA DENISE L JACKSON
STEVEN ROBERT JAMISON
in the City of $ /~ N ANTONIO ,State of TF X A S ,with limited authority, its true and
lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,
the following described bond:
BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED
TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF
INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY
DOES NOT EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
but until such time shall be irrevocable and in full force and effect
WESTERN SIiRETP COMPANY further certifies that the following is a Prue and exact copy of Section 7 of the By-Laws of Western Surety Company, duly adopted and now
in force, to-~cit: "Section ?. all honds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company
b}' t6c President. Secretaq_ eon Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice
Presnlent,` Seeretary, any; Assislan[ Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the
naive oT tliF Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signnnac;¢f any such officer ;utd the corporate seal may be printed-by facsimile."
Th$ penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or
telegram signed by the Undervriting Manager, Underwriting Consultant, Underwriting Specialist, Underwriter. President, Vice President, Assistant Vice President, Treasurer, Secretary
nr Assistant $~ecretary'¢f Western ,tiurety Company specifically authorizing said increase.
1\' ~~"ITNESS WfiEREOF, Western Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 1 lth
day of "December 2006 WESTERl~t. SURETY COMPANY
STATE OF -SOUTH DAKOTA
ss.
COUNTY OF MINNEHAHA
~'
Senior Vice Preside
On this 11 tl] day of December in [he year 2006 before me, a Notary Public, personally
appeared Paul T. Bruflat, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and
acknowledged said instrument to be the voluntar}' act and deed of said corporation. i
+ .. ..r ~-se5+
D. KRELL ~~ >`" ~ ~l
l'~ NOTARY PUBLIC ~~ f -~ / d/ ~ '~~"'
SEAL SOUTH DAKOTA SEAL ~ . __.__..._- -.__ _. _._. _._._ ~
Notary Publtc, South Dakota
My Commission Expires November 30, 2012
- - I, the undersigned officer of Western Surety Company, a sCOCk corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in Toll
force and effect and is irrevocable; and furthermore, that Section 7 of the By-Laws of the company as set fort m the Power of Attorney, is nosy in forc .
[n testimony whereof. [have hereunto set my hand and the seal of Westem Surety Company this * `day of ,
WESTERN, SUR-COMP{
*IMPORTANT: This date must be filled in before it is attached / - ~~
to the bond and it must be the same date as the bond. gy -' ~ ,~ f ~ i /~~ _ _
Form 749-12-2006 / ~~``" -~ ~ ~._~~`-'~~
Senior Vice Preside
NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy.
CNA SURET Y
PO Box 5077 Sioux Falls SD 57177-5077
September 30, 2009
CITY OF CORPUS CHRISTI
DEPARTMENT OF ENGINEERING SERVICES ~ OCT 41 2Qpg
ATTN: CONTRACT ADMINISTRATOR
1201 LEOPARD STEET ~~INEEAING SERVI(~~
CORPUS CHRISTI, TX 78401-2120
RE: Certification of Power of Attorney for Performance and Payment Bonds
Contract Name: H.E.B. and Al Kruse
Tennis Centers Court Improvements
Project No. 3391 (Total Base Bid: $249,000.00)
Gentlemen:
I, Larry Kasten, hereby certify that the facsimile power of attorney submitted by
Debra Jean Godwin Sharon A. Stone-Pie~za Denise L. Jackson, Steven Robert Jamison, and
James Mark Young (authorized agent) on behalf of Western Surety Company (surety company)
for Infinity Builders, Inc. (Contractor), a copy of which is attached to this certificate, is a true
and correct copy of the original power of attorney on file in the records of the surety company in
its home office, has not been amended or abridged, is still in full force and effect, and said
designated agent is currently in good standing with the surety. In the event of cancellation of this
power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within
seven. (7) days thereof at the following address:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
1201 Leopard Street
Corpus Christi, TX 78401-2120
Signed this 30th day of September, 2009.
~~e.
Name: Larry asten
Title: Vice President
Sworn and subscribed before me on this 30th day of September, 2009.
v`
D. Krell
Notary Public, State of South Dakota
My Commission Expires: November 30, 2012
1-800-331-6053
Fax 1-605-335-0357
www.cnasurety.com
OD%
Western Surety Company
Figure: 28 TAC §i.60i(a)(3}
1 IMPORTANT NOTICE
To obtain information or make a complaint:
AVISO lMPORTANTE
Para obtener information o para someter una queja:
2 You may contact W estern Surety Company at
605-336-0850.
3 You may cal! Westem Surety Company's toil-free
telephone number for information or to make a
complaint at:
1-800-331-5053
4 You may also write to Western Surety Company
at:
P.O. Box 5077
Sioux Fails, SD 57117-5077
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
6 You may write the Texas Department of
insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-iviail: ConsumerProtection@tdi.state.tx.us
Puede comunicarse con Western Surety Company al
605-336-0850.
Usted puede Ilamar al numero de telefono gratis de
Western Surety Company's para information o para
someter una queja al:
1-80031-6053
Usted tambien puede escribir a Western Surety
Company:
P.O. Box 5077
Sioux Falls, SD 57117-5077
Puede comunicarse con el Departamenta de Seguros
de Texas para obtener information acerca de
companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O.Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-Mali: ConsumerProtectionQtdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a
premium or about a claim you should contact un reclamo, debe comunicarse con et Western
Westem Surety Company first. If the dispute is not Surety Company primero. Si no se resuelve la
resolved, you may contact the Texas Department disputa, puede entonces comunicarse con el
of insurance. departamento (TDi).
8 ATTACH THtS NOTICE TO YOUR POLICY
This notice is for information only and does not
become a part or condition of the attached
document.
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de information y no se
convierte en parse o condition del documento
adjunto.
Form 1929-4.2008
UG'!'U~t. b. 2009 4:42PN~
FAX No
No, 14.13 P,. _2J1
THE POLICIES OF INSUA/WGE LISTED BELOW HAVE BEEN ISSUED TOTNE IN4URE0 NAMEb ABOVE FORTHE POLICY PERIOD MDICATED. NOTWITH.4TANDING
AMY REQUIREMFM, TtiRM OR CONDITTON OF ANY CONtrv1CT oR OTHER DOCUMEM wITH RESPECT'TO WHICN'tIi15 CERTFICATE MAY BE ISSUED 0R
rlu-vPeRTaN. THE tNBURANCE AFI=oRDEn BY~t~iE POI.ICIEB OESCWBED HEt~I IS SUBJECT1o ALL TrIETERMS, gCG,UStONB AND CnNDIT1bNS OF SUCH
PoLfCIE8r AGpREpATE LIMITS SHOWN MAY HAbt: BEFN FtLDUC[~ 0Y PWD CWrkS-
INeR
ppL~V NUMBER POL[GYEFFECTIYE PO N
LOIDTB
6ENEML LII1BILnY EACH OCCURRENCE E 1,000,00
A X COMMERCIAL G1:NEAAL uA01L1YY DG3871632 31612009 3/612010 Isre E„m,,,,a t 100,00
CLA1M5 MADE D OCCUR MED ExP IMV one Porten Jf 5.00
1'BISONAL3ADVIWUAY 6 1,000,00
G~IERALAGGNfcOATE f 2,000.00
G!'N'LAGGREGAI'EUNrrAPPUESPER PAODUCT9-COMdrovaGG g 2,000^O
X PaLrcr ~ir LDC
B auroMOelLe Lu.nm , /
X ANYAUYO V
GA-9a60C278~09.8EL
1/15/2009
1/15/2070 COMBINED biNGLG utulrl'
tt~eeaaalq a /500,00
ALL OW NED Auros
SCMEDUCED AU703 ~ODILYIN~URY
I~ P'rs0"1
0
X
x MIREDAUT06
NON-OWN~DA4T06 BOOILYINAIRY
(DereeeitlenU S
PRUPER1YpAMAQF:
(Pef iCtlOMlI i
GARAGE UA9ILnY auto ONLY - EA ACCIDENT f
ANT AUTO OTHER THAN ~ ACC S
AUTO ONLY: AGG 6
EIDGESSluMBRPLLALIABILDY ~AG-+000UaR6NCfi S '1,000,00
C X occua ~ cLaiMS MAOa: LSOD82483 1015120D8 316!x010 AaaAeeATe : 1,000,00
s
oEOUCTIeLS s
aETFimoN 3 s
waRt(gas I:OMPFNSATrON AND / Tp •
~ eMPLOYERA'LMt11LnY ~/
AMY?I~PR~TOWr14RTNfR/E7IECUTNE SBP-onD11BS447 5/3120D9 5/312010 EL.6ACMACCIOENT s 1,000,00
Ol~PKffNIMaWeaR 6KCLVDED7 l.l. DISEASE- EA EMPLO i 1 rOOO,OO
SPEC ~'P~RO°vlslOlvS bdw E.L. DISEASE- PDUCY UAOr f 1,000,00
p7NeR
DESCRIPTNJN OF OPEAATR7M5 ! LacaT1DNS 1vElllCLtiS tlXCLUSIONS ADDED BY ENDORSENENT /SPECIAL wtOV161DN8 /
Re: iI3391 H.E.B. and Al Krus6 Tennis Cantors Courts Improrements /
he City of COTpus Christi Is named as additional Insured on General Liability and Automobile L(ablllty policies Subject to altaahed policy forms
oE0 10 00 9Z 0: OA TO 07 oz 09. Cenerol LIg4111tY1 Avty Llabint} pnd wea.~~ Cempaneatlen 30 day CanvOllativn n0110v o..deltemanee 0002 06 01
6, CA02 44 06 04 8 WC42060i attach®d,.
City of Corpus Christi e/
Englneoring Services Attn: Contract Administrator
P 0 Box 9zn
carpus Chr)st1:. Tx 7aas9-
l.W\lil-iL.HI IVN
b11N111L MIT U/'InC MGVYC VG7I.R®L7/f VyKiPG YwIY~.eLLC11 ac,• ~„LLN nv,rr„r,
DATE THEREOF, THE 193UIHa IN5URER NOLL iND6AVOR 70 MAD. 3O DATS wRnTEN
NOTiCE70 THE ~gTu'IGwTe NOLOr:f{ NAMiO TO 7HE LEFT, BV7 FaI6URE TO o0 6o S17ALL
INP05E No oeLtGwYION OR UABU.IIy 0~ ANY KIND (JPON TME INSYR6e. rr5 AGrA1VS OR
gEPAESENTATIVES.
AUTNOi1~D RFJ•NBeBN7'AfN~
®ACORD CORPORATION 1988
ACORL~,. CERTIFICATE O~ LIABILI TY INSURANCE °A'~`"'~°"'""
~ntSt~nno
PreooucER (2'10) 377-35?2
Employers Financial GrOUp LLC
Member Combined Agents 01 America TFgB CERTI ATE IS ISSUED A5 A MA7TF.R QF INFORMATION
ONLY AND CONPP.RSS NO RIGHTS UPON THE CERTIFICATE
ua:~a~ :lase LORI IFSC~~C L.VCO ~ 1: „::s:ala,~lrreun Aa
+~~ THE COVERAGE AFFORDED BY THE POLICIES BELOW.
19921 FM 2257
Ban Antonio, n( 78286-2606 INSURERS AFFORDING COVERAGE NAIC #
INSUReD Inflnlty Builders inc. Ira •Dslllas National Insurarlae Gompan
6948 US Nt+vy 83 S IHStmErle; Charter Oak Fire Insurance Cornpatn
Larsdo/ TK 76046- wsuaEa~Bcottadale Insurance Cc y
Bs;uRERaTgxas Mutual Inauranu COmpaAnY
u(;'[Oct, 6. 2009 4:42PM,y FAX No, No. 1413 P. `..3J2
INFIBUt•01 tyObW
IMPORTANT
It q iG vroi tiri~,atn I wlJd~ 10 m i ADbIYIOrJnL (N~URGD, tl is p~liuy(tee) i~ iwt Ge enuoroay. ^ atoDenierrt
on this certificate does not confer rights to the Certlfloate holder In lieu of such endorsement(m).
If SUBROGATION 19 WAIVED, subject to the terms 8nd cond%ions of the poliq~, certain p011des may
require an endVry!ltti~nl. A >yl'dlHrndu( uri p~iy utli Uflualr tlura nit wnfci ~igld'S A) UTG ~ertltloAtB
holder' Ih IIAU Of BUCK Qndorsement(s).
bISCLAIMER
The Cetttficate of insurance on the reverse side of Phis form does not vonslltute a contract between
the issuing insurer(s), authorized representative or producer, and the C91i~Cate holder, nor does it
sff~rrnaiively or negatively emend, extend or alter the Coverage afforded by the policies listed thereon.
ACORD Z6 (2001108)
U~'i'Oct, 6. 2009 4:43P,MN FAX No No. 1413 P, 413
POLICY NUMBER DG307163Z ~ Cc3 20 10 03 97
THIS ENDORSEMENT' CHANGES THE POLYC'Y•, p~.L'ASL SAD IT CARE~Ux.I.,Y..
~/ ADDITIONAL YNSUREb - O'VVN"ERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORG•ANZZATZOI~T
This endorsement modlfles insurance provided under the following;.
COMNIER¢`(AL dBNERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF CORPUS CHRISTI
ENdINJ;ERiNG SERVICES
ATTN. CONTRACT ADMINISTRATOR
PO BOX 9277 CORPUS CHRIST[ TX, 7869
(if no entry appears above, Infortt,ativn required to complete cltls endorsement will be shown in the Declarations as applleabia to this
tndorstm ent)
WNO IS AN INSUREI? (StCtion li) is amended to include as an insured the person or organization shown in ~i~e Schedule, but only with
respect to liability arising out of your ongoing operations performed for that insured,.
Additional Premium-.
Endorsemenl Effective Date 091Z!lzp09
Issued with policy fi DG3071632 endorsemen t tl I
CG 20 10 0 ~ 97 Copyright„ Insurance ScrviCUS Office, fnc., 1996
Ul;'1',Oct. b. 2009 (4:43PN~
POLICY NUMBER' 13A-946oc216-09-sEh `'
COMMERCIAL AU'f0
15SUE DATE: 10-02-09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ApDil'IONAL INSURED
This endorsement modifies insurance provided under the following:
J BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE i=pRM
TRUCKERS COVERAGE FORM
Paragraph c_ of the WHO IS AN INSURED provision
includes the person or organ'izstion indicated below,
but only for his, her or its liability because of sots or
omissions of an "insured" under paragraphs a. orb. of
that provision, subject to the following addlfional pro-
visions:
P®rson or Orpanlzatlon
CITY OF CORPt7S GFiRIBTI
DEPARTMENT OP E<dGINEgRStQG 6EAVrCEB
1. No liability is aSSUmed by that person or organi-
zation for the payment of any premiums stated in
the policy or earned under the policy-
2. In the event of cancellation of the policy, written
notice of cancellation will be ms~iled by us to that
parson or organization,.
Address
ATTN: CONTRACT ADMINISTRATOR
~o eoa 9x77
CORPIIS GHRZSTZ xX 78469/9x77
V
PAX No, No. 14.13 P. 54
CA 73 01 OZ 99 Page 1 of 1
ut,l~Oct. 6. 2009 4:43,PM~ gpX No No, 1413 P~..615
POLICYNUMB1rR ]DG307163Z y J~VIMERC[AL GENERAL LIABILITY
THIS E'NbORSEMEN? CHANGES THE POLICY. PLEASE READ YT CARET=~TLYr'Y,.
f~'.~~AS C~AN~~S - ANX~Nl~~EN•T' Off' CANCELLATION
~RO'V•YS~O1V•S Olt CO'V'E~tACE C.~ANGE
This endorsement modifies insurance provided under the following:
j CO~M~IERCIAL C3ENERAL LIABILITY COVERAGE PART
f LIQUORLIABCI.ITY COVERAGE PAR'i'
OWNERS AND CONTRACTORS PR07'ECTIVL LIABILITY COVERAGE PART
POLLUTION LIAI~ILITY C4VERAGfi PART
PRODUCTS /COMPLETED QPirItATI0N5 I.IAl31I,ITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation ar materiRl change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior
written notice Of CahCClla[i0n Or mAteriai change t0;
SCHEDULE
1. Name. CITY OF CORPUS CHRISTI
Z. Address: ENGINEERING SERVICES Y
ATTIV: CONTIZACT ADMiNISTRATO}~
PO B07C. 9277 C~R!'US CHRISTI, •Cx '18dG9
3. Number of dAys advnnce notice:
30
Additional Premium:
Endorsement Effective pate 09/22/2009
lssoect witn policy It UG307]632 endorsement# ~
(If no entry appears above, InFocrnation required to complete this endorsement will be shown in the Declarations es applicable to thi:
endorsement, )
CG 03 US 0 { 96 C'opyrigllt, InSUrancC Services C)A1Ce, !nc , 1994 Page I of I
u1,1~Oc t. 6. 2009 14: 44PMM ,
POLICY NUMBER: 8!~ 9360016-o9•~~SEL
COMMERCIAL AUTO
ISSUE CATS: 1a-a3-o9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
~ TEXAS CANCELLATION PROVISION OR
COVERAGE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following,-.
BUSINt=SS AUTO COVERAGE FORM
j GARAGE COVERAGE FORM
J MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FARM
With respect to coverage provlded by thla endorsement, the provlslons of the Coverage Farm apply unless modi-
fied by the endvrsement,~
SCHEDULE
Number of Days' Notlce 30 /
Name O# Person Or Organlzatlan AS P>~5R CA xe 00
Address AS P8R CA T9 00
AS 1?812 CA T8 60 TX 78469
ff this policy is canceled or materially changed to reduce or restrict cov®rage, we will mail notice of cancellation ar
change to tha pereoh or or®anixation named ih the Schedule. We w~( ®ive the number of day's notice indicated in
the Schedule.
rH,i_ Na No, 1413 P; 71ti
CA OZ 44 Q6 04 ®(SO Pfoper6es, Inc.., 2003 Page 1 of 1
UC1'Oct, b. 2009 ~ 4:44PN1~ r'AX No No, 14.13 P.. 8~'I
COB'~RCYAL A'OTO POLZCX
ENDORSEMENT ~ CA T8 04 07, 09
POLICY NUD~BR BA-9460Ca16.09-$RL
*~ fiHIS ENDORSEMENT CHAN08S THE POLICY'. PLRA6R READ TT GAREFiTL~,X. **
EARLIER NOTICS pF CANCELLATION
IT IS AGRETsD THAT:
ENDOR3FRD;LaT CA 02 4~4 IS AMENDED TO INCLIIDT TFTE k'OLLOWING:
CITY OF CORPOS C~IItISTI
DRPARTMR4TT OA N~10TNNERINO 6ERVICES j
ATTN~ CONTRACT ADMINIaTRATOR 1//
p0 80X 987?
CORPIIa CHRISTI, TX 78469~9a?7
~o RAYS
arraCr=era anza OS SD OD Harr eesvssm esr SA?D od RO 40
PAGE 0001 DATE OF ISSIIE 10-OZ-09
U~T,Oc t. 6. 2009 (4.44PN>( !'p1l No, No. 14.13 P~ 9b
WORKERS' COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY
wcazoso~
TEXAS NOTICE OF MA7ERIAl. CHANGE ENDORSEMENT
This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A.. of the
information Page..
In the event of cancellation or other materis- change of the policy, we will mail advance notice to the person or
orgonlaatlon named in the schedule. The numf~er of days advanr.A nntlr,P It Shnwn in the Schedule.
This endorsement shall not operate directly or indirectly to benefd anyone not named in the Schedule..
Schedule
1. Number of days advance nonce' 80 ~/
2 NotlCS will be mailed toy
!:ITV f1F f:f1APl IS f..HA I S71
ENGINEERING SEVICES J
P 0 90X eZ77
coNTRACT ADMINISTRATOR
CORPUS CHA I ST I , T?( 78469
Th1•v un~uwun~ui vUwny~~. U~c yvfir~ tv ..Li..h a .. alh~1,.J dl.alha on Iha inotplian .~nt~ -~.~-~ rn~iny ~m~nnn n dOtfnrnn~ datelC Ir+dlo'k1d ba14~N,
(The following "aNaching clause' need be completed only when Ihls endotsem@nt IB ieeued subsequent to preparation of the policy.)
Thies wvlnrgPrT1Pr11 a/}nr.Th~e! nh / Cp p f ~mh A Y ~ 1 .. 7.pn 9 x112:01 A.M. standard Ilene, forms 8 part of
Policy No. SBP-00011694,/47 20090603 ofiheTexae Mutual Insurance Company
Issued to I NF I N I TV BUILDERS f NC
Pramlum $ o , 00
WC~20901 (ED..1.84)
Endorsement No. 3
~ ~~. ~
~~~
Authorised Representative
WASENORS 9-21-20Q9