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C2010-106 - 1/26/2010 - Approved
2010-106 M2010-025 01/26/10 SLC Construction SPECIAL PROVISIONS SPECIFiCAT10NS AND FORMS OF CONTRACTS AND BONDS FOR McNORTON CHANNEL IMPROVEMENTS-PHASE t GILLIAM ST. IMPROVEMENTS PREPARED BY: Maverick Engineering, Inc. 400 Mann St, Suite 200 Corpus Christi, Texas 78401 Phone: 361 /696-3500 Fax: 361 /696-3750 Firm Registration # F-1424 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361 /88C-3501 •-~``6F \i~t CITY OF CORPUS CHRISTI PROJECT NO: 2214 .: 5~?~~•" ~' ~ ~ £xA~ +1 MEi PROJECT NO.: 0427-506 ~ *'`:'~ '~ •':~`;'!! ' ~ DANIEL BItES / ...................................o DRAWING NO: STO 524 !lll~o~ ~F r, ~ 36 ~Q .~~~ 1 f ~. GISSE~. ~~•~ ~~.. f,~ tl~ll~0~ (Revised 5109) McNORTON CHANNEL IMPROVEMENTS-PHASE 1 Table of Contents NOTICE TO BIDDERS {Revised 715100) NOTICE TO CONTRACTORS-A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS-B (Revised 7/5100) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A -SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates {Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A ~ ~ c'ei'' n~«.a (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) (NOT USED) A-24 Surety Bonds ~ ~~ e,~e~_r~., ~~°^,^+;°n {NO LONGER APPLICABLE) (6111198) A-26 Supplemental Insurance Requirements e ~~ o~m,~.~~~i fi~;~~ n 9o ri....,.r {NOT USED) rt'~ arnmr vi yyn-ru c A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended "Policy on Extra Work and Change Orders" A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents (NOT USED) A-36 Other Submittals (Revised 9118/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities TABLE OF CONTENTS PAGE 1 OF 3 (NOT USED) A-40 Amendment to Section B-8-6: "Partial Estimates" Pro; ~-~~e,^,c':~:~~r; (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended "Indemnification and Hold Harmless" (9/98) A-44 Change Orders {4/26/99) A-45 As-Built Dimensions and Drawings (7/5100) NOT USED) A-47 Pre-Construction Exploratory Excavations (7!5/00) A-48 Overhead Electrical Wires (7!5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Dewatering and Disposal of Ground Water A-51 Storm Water Pollution Prevention Plan (Not Used) A-53 Electronic Proposal Form A-54 Amended Prosecution and Progress Attachment I -Project Sign Attachment II -Sample Computer Print-Out PART B -GENERAL PROVISIONS PART C -FEDERAL WAGE RATES AND REQUIREMENTS PART S -STANDARD SPECIFICATIONS 021 SITE PREPARATION 021080 Removing Old Structures (S-55) 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers {S-9) 022Q22 Trench Safety for Excavations 022060 Channel Excavation {S-11) 022080 Embankment (S-13) 022100 Select Material (S-15) 022420 Silt Fence (S-97) 025 ROADWAY 0252........SUBGRADES AND BASES 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement S-54) 0254........ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions (S-29) 025412 Prime Coat (S-30) (Asphaltic Material Only) 025424 Hot Mix Asphaltic Concrete Pavement (Class A} (S-34) 025608 Inlets 0258........TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 027 SEWERS & DRAINAGE 0272........GENERAL 027202 Manholes (S-62) 027402 Reinforced Concrete Pipe Culverts (S-60) TABLE OF CONTENTS PAGE 2 OF 3 28 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding {S-14) 030 CONCRETE. GROUT 030020 Portland Cement Concrete (S-40) 032020 Reinforcing Steel (S-42) 038000 Concrete Structures {S-41 } 050 METALS 055420 Frames, Grates, Rings, And Covers (S-57) PART T -TECHNICAL SPECIFICATIONS 022021 Control of Ground Water 025223 Crushed Limestone Flexible Base LIST OF DRAWINGS: SHT. NO. DESCRIPTION 1 Title SheetNicinity Map 2 .General Notes & Estimated Quantities Summary 3 Project Location Map 3A Proposed Additional Repairs -Plan 4 Baseline'C' Alignment Plan 5 Baseiines'D','E', & `F' Alignment Plan 6 Project Control Layout 7 Gilliam Street (Plan and Profile) Sta. 15+00 to Needle Sfreet Ditch $ Gilliam Street (Plan and Profile) Sta. 10+00 to 15+00 9 Gilliam Street {P[an and Profile} Sta. 5+00 to 10+00 10 Gilliam Sfreet (Plan and Profile} Sta. 0+00 to 5+00 11 Bark Street (Plan and Profile} Sta. 5+00 to Gilliam Street 12 Bark Street (Plan and Profile} Sta. 0+00 to 5+00 13 Root Street Drainage Swale Sta. 0+00 to 5+00 14 Root Street Drainage Swale Sta. 5+00 to Gilliam Street 15 Needle Street Ditch (Plan and Profile} Sta. 0+00 to 5+00 16 Needle Street Ditch (Plan and Profile) Sta. 5+00 to Gillian Street 17 Typical Channel Cross Sections 18 Needle Street Ditch Cross-Sections 19 Miscellaneous Storm Water Details {Sheet 1 } 20 Headwall No. 1 Details 21 Storm Water Lateral Details 22 .Miscellaneous Storm Water Details (Sheet 2) 23 Storm Water Pollution Prevention Plan -Gilliam Street 24 Storm Water Pollution Prevention Plan -Bark Street, Root Street, and Needle Sfreet 25 Storm Water Pollution Prevention P{an Details 26 TrafFic Control Plan NOTICE AGREEMENT PROPOSALIDISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 3 OF 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus. Christi, Texas for: McNORTON CHANNEL IMPROVEMENTS - Gilliam St Improvements, Project No 2214 includes channel excavation and removal of approximately 890 CY of dirt from Needle Street Ditch, construction of an approximately 340 LF swale along Root Street, construction of approximately 1000 LF of valley gutter along Gilliam St, installation of over 1,650 linear feet of sew reinforced concrete drainage pipes of various sizes, eight {8} new storm water manholes, pavement repairs; together with all appurtenances, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, December 09 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, December 02 2009. The pre-bid meeting will be conducted by the City, and will convene at the 3rd Floor Engineering Conference Room, 1201 Leopard Street, and will include a site visit to discuss the project. A bid bond in the amount of 50 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 5o bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engr. Services /s/ Armando Chaps City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS ~ A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating preof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 3D-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates PER OCCURRENCE /AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Expiosion and Collapse Hazard 4, Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors , 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include ^ REQUIRED long-tem environmental impact for the disposal of X NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $400,000 Combined Single Limit See Section B-6-14 and Suppiementat Insurance Requirements 0 REQUIRED X NOT REQUIRED Page i of 2 - The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. -The name of the Project must be .listed under "description of operations" on each certificate of insurance. - For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30} days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Speciai Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS -- B NOTICE TO CONTRACTORS -- B WORKER'S COMPENSATION INS URANCE REQUIREMENTS Page 1 of 11 Texas Ac~n.inisirative Code TITLE 28 INSURANCE PART Z TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Suilcling 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 orconstruction--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 agreemen# on form TWCC-$1, 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, Subchaptezs P 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 ntle 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 ofSelf-Insurance Regulation. Providing false ox misleading certificates of coverage, oz failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of theproject; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5}retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d} A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of caverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B} no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission an the sample notice, without any additional words ar changes: Attached Graphic (8) contractually require each person with whom it contracts to pravide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D} provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E} obtain from each other person with whom it contracts, and provide to the contractor: (i} a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; {F} retain all required certificates of coverage on file for the duration of the project and for one year thereafter; {G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and 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 workexs' 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 alI 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 a13 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 certifcate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, {G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this 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 6e 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, partriers, 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 Nate: The provisions of this § 110.110 adopted to be effective September 1, i 994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d}(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The lativ requires that each person working on tlxis site or providing services related to this constnsction project must be covered by workers' cornpensation insurance. Tlzis i~xcludes persons providing, Ixauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the regacired 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')- Acopy of a certif cate 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 furtzislzes 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, off ce supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and ftling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44} for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that covezage 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 ftle 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 cei-tifrcate 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 I 1 F. The contractor shall retain all required certifcates of coverage for the duration of the project and for orze year thereafter G. The contractor shall notify the governmental entity in writing by certif ed mail or personal delivery, within 10 days after the contractor knew or should have known, of any clzarzge 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 ~zoiice, in the text, for~~z 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 orz 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 er:d of the coverage period, a new certif cote 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 ~zew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by cert fed 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), tivith the certificates of coverage to be provided to the person for wham 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 orz 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 classif cation 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 aray 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 root remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS McNORTON CHANNEL IMPROVEMENTS PHASE T - GILLIAM ST IMPROVEMENTS PROJECT NO. 2214 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, Wednesday, December 9, 2009 at 2:00 PM. 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 - McNORTON CHANNEL IMPROVEMENTS PHASB I - GILLIAM ST IMPROVffi~TPS PROJECT NO. 2214 Aax proposals not physically in possession of the City Secretary's Office at the time sad date of the bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, II.S. Mail, or other delivery service, to any City address or office other than the Cit Secretary's Office will be deemed non-responsive if not in voasession of the Citv Secretary's Office prior ime of bid onenincr. A pre-bid meeting will be held on December 2, 2009, beginning at 10:00 AM. The pre- bid meeting will convene at the Engineering Services Maia Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project Gilliam St Improvements, includes channel excavation and removal of approximately 890 CY of dirt from Needle Street Ditch, construction of an approximately 340 LF swale along Root Street, construction of approximately 1000 LP of valley gutter along Gilliam St, installation of over 1,650 linear feet of new reinforced concrete drainage pipes of various sizes, eight {8) new storm water manholes, pavement repairs; together with all appurtenances, in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: Total Base Bid (Part A + Part B? The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/t?4) Page 1 of 21 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: S% Bid Bond (Must reference McNORTON CH.~.NNSL IMPROVS:QSNTS-GILLIAM ST IMPROVFsMENTS, PROJECT N0.2214 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.} Disclosure of Interests Statement A-6 Time of Com letioa/Li idated Aama es The working time for completion of the Project will be 120 calendar days. The Contractor shall commence work within ten {10} calendar days after receipt of written notice to proceed from the Director of Engineering Services or designee ("City Engineer"}. 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, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor-the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project . Furthermore, for each calendar day including and after. the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired.. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain .original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. Section A - SP (Revised 12/15/04) Page 2 of 21 A-9 Acknowledgment of Addenda The Contractor .shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00} Labor preference and wage rates for Construction Type(s): Heavy. I~~ ease~€ ee~€liet, Ce~t:raet=er shall-arse-h.ig~ze~ wage-~: Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to-all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars {$60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor acid each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and .one-half (1'~) times the specified hourly wage must be .paid for all hours worked in excess of 40 hours in any .one week and for all hours worked on Sundays or holidays. (See Section B-1-1, "Definition of Terms", and Section B-7-6, "Working Hours".) A-11 Cooperation with Public Ageacies (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 DIG TESS at 1-800-344-8377, the Lone Star Notification Company at i-800-669-8344, and the Veriizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed: City Engineer .......................... 826-3500 Project Engineer ....................... 826-3500 A/E Project Engineer, Daniel Biles, P. E. Maverick Engineering, Inc.......... 696-3500 Street & Solid waste Services ........ 826-1940 Traffic Engineer ....................... 826-3540 Police Department ...................... 882-1911 Water Department ....................... 826-1880 Wastewater Department .................. 826-1838 Gas Department ......................... 885-6900 Storm Water Department ................. 826-1881 Parks & Recreation Department.......... 826-3461 American Electric Power Co. {AEP) ...... 299-4833 AT&T - SBC ............................. 881-2511 Signal/Fiber Optic Locate.... ....... 826-1946 fax: 696-3750 (826-3140 after hours} (826-3140 after hours) (885-6900 after hours) (826-3140 after hours) 1693-9444 after hours) {1-800-824-4424 after hours) 826-1960 Section A - SP (Revised 12/15/04} Page 3 of 29 Cablevision ..........................•.857-5000 {857-5060 after hours} ACSI (Fiber Optic} .....................887-9200 (Pager 804-724-3624) KMC (Fiber Optic) ......................813-1124 (Pager 888-204-1679) C_hoiceCom (Fiber Optic} ................881-5767 (Pager 850-2981} CAPROCK (Fiber Optic} ..................512/935-0958 (Mobile} Brooks Fiber Optic (MAN) ...............972/753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above. and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings,. base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If 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 or not 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 the Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All-weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project site to meet the demands of .inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A_ 14 Constructioa gquipmeat Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or Erom the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related Section A - SP (Revised 12/15/04) Page 4 of 21 materials. Such work must be completed without any increase in the Contract price. Streets and curb lines 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 sewers is allowed to remain on the Project site or adjoining streets. A-15 Excavatioa aad Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items; therefore, no direct payment will be made to the Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the prgperty 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 the Contractor. A-17 Field Office (NOT Us$D} A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete. sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and .resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Coastructioa Project Layout aad Coatzol The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a Section A - SP (Revised 12/15J04) Page 5 of 21 project of this nature. Major controls and two (2) benchmarks, required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or benchmark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie i.n or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes. at the completion of the paving process. . The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent-Registered Professional Land Surveyor (R.P.L.S.} licensed in the State of Texas, retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: ~.. ~- f- F a. , / a F ,..F ., o • l l • r' ~.• a ''a- i°--~~66J ~~E3e-~v~t-9~~E5 9~ F' «. ~nnr n a. ~ n n n, r ., ., l a. 1 ~ _ ..r ....~_e~ rt, ~.~..,.. +..... Stormwater: • All rim/invert elevations at manholes; • All intersecting liaes in manholes; • Casing elevations {top of pipe and flow line} {TXDOT and RR permits). A-20 Teating 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 Section A - SP (Revised 12/15/04) Page 6 of 21 Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must furnish and install two (2) Project signs as indicated in Attachment I. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98} 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, 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 persons} must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0's of the assets or interest in the partnership property must be owned by one or more minority gerson(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 persons}. 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, Section A - SP (Revised 12/15104) Page 7 of 21 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°s of whose assets or interests in the corporate shares are owned by one or more women. 3. Goals 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. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority, Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. Section A - SP (Revised 12!15/04} Page 8 of 21 A-23 Inspection Required (Revised 7/5/00) (NOT IISBD) .,,z i.,. ~; ~. , -~~-.___- .-l ~_-1 . A-24 Surety Bonds Paragraph two (2} of Section B-3-9 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 reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,060 from a reinsurer that is certified by the United States Secretary of the Treasury and that .meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NO LONGER APPLICASL$) (6/11/98) Beet}ee $ 6 ~2, "Taae--E~em~tien L~-r~~-i~efe~" t~-a~leted }~ x~a entirety- ^- F l l .. .L...~: M.,~..a 'I ~ b1,c .+i i i , i i Fu~ilie Aeeeunts-~€~e;e'~ _€ the Eent~'aeter eleets ire eperate ••~a°~-~-se}3ar'~~ed eentraet, ~•~~~= } vncaxcx exit izeeeooa~~-9a~eS tz"t3~ ~ei`fFk~t9 €~0fiFk the~~ate "^""'`""'~ ~'•'" r E}}arges~}n the~repesal €er-n the east-~-xate~ial$--p#ysie~ally r~M_~~a i~rt~ tie-~e~ec-'~:- 3. Prey-ire resale ~}. F~ °'-_ ~~. = • g==al „r _~,. .,in• Section A - SP (Revised 12l15/Q4) Page 9 of 21 A-26 Supplemental Iasurance Requirements For each insurance coverage provided in accordance with Section B-6-il of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts 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 urith Section B-6-11 of the General Provisions, 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 General Provisions, 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 Respoasibility for Damage Claims (bIOT IISED) Section A - SP (Revised 12/15/04) Page 10 of 21 A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any. liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its .projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90} days prior to the City Engineers request, signed and dated by the bidder's owner, president or other authorized party, specifying all currant assets and liabilities. A-29 Contractor's Field Administratioa 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 be 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 superinteadent 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 writtea approval of field administration staff is a prerequisite to the City Sagineer'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. Tf 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 Section A - SP (Revised 12!15/04} Page 11 of 21 basis to annul the Contract pursuant to Section B-7-13 of the General Provisions. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-3-1 "Consideration of Contract", add the following text: "Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders {based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost fox 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 of the General Provisions; 7. A preliminary progress schedule indicating relationships between the major components of the work. The finial progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to Special Provision A-28 concerning "Considerations for Contract Award and Execution" and Special Provision A-29 concerning °Contractor's Field Administration Staff"; , , 14. 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 12 of 21 A-31 Amended "Policy on 8xtra Work sad Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-8-5 "Policy on Extra Work and Change Orders", the present text is deleted and replaced with the following: "Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council." A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-3-5 "Execution of Contract", add the following: "The award of the Contract .may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the-City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer. delivers the signed Contracts to the Contractor." A-33 Coaditioms 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 in 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 Transportation "Standard Specifications" for Construction of 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 IISED) rr. e ,~ , $ n~e,~.s~ s n. ~. n.. „~ - - - s.... l / / I / / f ~ Section A - SP (Revised 12/75/Q4) Page 13 of 21 ivcccc s- ~. n....F-..~... .. ~~-4. TTTCT ~*T L~L~ [~}-..n.i -. .~rl C.~ / ~ ~ ~ / ~ I / l t ~f 1 rf.' ~I3GlTSC~S33~ ~~~ D~~~BS~~ AL'~Jit / / } .,... ti L. .7 , + l . . rynT.TTT]Tl.T/1D 1 [~ P11.T [.TTT+ T1t]T:. T)T TfTTTLS~T ecsg~e~ee :,,~~}:~F: ,}: 7-AA ~ P4 ~e b ~~~ ~ ' 98 ~-P4 t'".,~a... . •-L-., z•"';''..r e s ~i ir-~:6~~k~ ~tett~ , ~.. ~.,_a~, }. ~eme~s~~~~e }~,,. F.., , ~. zv Section A - SP (Revised 12/15/04) Page 14 of 21 ~ec~}~~d-ice this C~~t~ee~ en-et-east three F: ~~. ee~xter-s ;-~T-B£T'-e , a-a~v€-~g~~peee~€e~ the ^,.~~~ m}les e€ the P~e~-set site ~~ ~'-~ ~ _ ~, r ~ ,.,.,. ~ ~; ,.a ~.,. ~,-~_---- r°----- --°---° t~+~e-wiii be the-~reduet e€ ewe .F~~~„Y~° „v ,.~ ---- r==~=-----------~ ------- ____- 1~. Tv=~, _L, _,., .. Ar...,,. .. _...Ma Ali-~re~e~ti~g-€s~ this P~e~ee-t at '-~~P: abet~}xe~ier3e . ~T.. },.,,,..,.,,. r ..~..; re.. ,.,.., A-36 Other Submittals {Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined .below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify -the Contractor, the Subcontractor or supplier, pertinent Drawing sheet -- and detail numbers}, 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. Section A - SP (Revised 12/15/04) Page 15 of 21 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 the 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 the City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers .and instruct subcontractors and suppliers to promptly report, through Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Repo_xt: When specified in the Standard or 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 ecjuipment will not be approved for use on the Project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-6-15 "Arrangement and Charge for Water Furnished by the City", add the following: "The Contractor must comply with the City. of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Compensation Coverage for 8uildiag or Construction Projects for Government Entities The requirements of "Notice to Contractors-B" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT IISSD) A-40 Amendment to Section 8-8-6: "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. Section A - SP (Revised 12/15/04) Page 16 of 21 A-41 Ozoae Advisory {NOT LTSSD) A-42 OSHA Rules & Regulations Zt is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and/or jobs. A-43 Ameaded "Iademnification and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-b-21 "Indemnification and Hold Harmless", text is deleted in its entirety and the following is substituted in lieu thereof: "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the. Contractor, or any subcontractor, supplier or materialman.u A-44 Change Orders (4/26/99) Should a change orders} be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown. as to all prices charged for work of the change order (unit prices, hourly rates, subcontractors costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A-4b As-Built Dimeasions and Drawings (7/5/00) 1. The Contractor shall. make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical} of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions/field changes. b. Changes in equipment and dimensions due to substitutions. c. ~iNameplate'~ data on alI installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. Section A - SP (Revised 12115/04} Page 17 of 21 A-46 Disposal of Highly Chlorinated Water {7/5/00) (NOT IISSD} d to ~fte ^' ~ F 9Lrlerii ~vc~eemn~x cce A-47 Pre-Construction $x~loratory Excavations (7/5/00} Prior to any construction whatsoever on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') of proposed pipelines of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. . The Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work on the. Project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer, and Contractor has received Engineer's approval of the report. .Exploratory excavations shall not be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate. pay} for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00} The Contractor shall comply fully 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. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall .coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A-49 Amended "Maintenance Guarani (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts°, Section 8-8-11 "Maintenance Guaranty", add the following: Section A - SP (Revised 12/15/04} Page 18 of 21 "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 Dewatering and Disposal of Ground Water As part of the Project requirements, the Contractor shall perform dewatering, depressurization, draining, controlling and disposal of ground water in excavations and trenches in accordance with Technical Specification Section 022021 "Control of Ground Water". A-51 Storm Water Pollution Prevention Plan This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOI along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available .for viewing by the general public, local., state and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A-52 Video Documeatatioa (ATOT USED} na-~a~t of the P~eTeet ~e~i~emen>rs t;he @ent~aete~ ,.,-_, , r~..rm ~,,, a ~.~ A-53 Electronic Proposal Form `General Provisions and Requirements for Municipal Construction Contracts" Section B-2-7 ''Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer-generated print-out, in lieu of the Proposal Form (Pages 3 through 19, inclusive). The print-out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 19, inclusive). The print-out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print-out, the print-out shall be accompanied by properly completed Proposal Form pages 1, 2, 20, 21 and 22. In addition, the print-out shall contain the following statement and signature, after the last bid item: ++{Bidder) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. {Bidder} acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print-out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. Section A - SP (Revised 12115/04) Page 19 of 21 (Signature) (Title) (Date} A 54 Amended Prosecution and Progress Under "General Provision 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 20 of 21 SUBMITTAL TRANSMITTAL FORM PROJECT: MCNORTON CHANNEL IMPROVS4S8NTS- PHASE 2 (#2214} OWNER: City of Corpus Christi ENGINEER: Maverick 8ngineering, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12115104) Page 21 of 21 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 26TH day of JANUARY, 2010, 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 SLC Construction, L.L.C. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $471,941.75 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MCNORTON CHANNEL IMPROVEMENTS PHASE 1 GILLIAM ST. IMPROVEr~NTS PROJECT NO 2214 (TOTAL BASE BID: $471,941.75) 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 IG/ 11/LV VO IIVL fAA JDII:lOOV14 JLb~4V1~JIflVI1V1\ 12/11/2009 15:55 82b3802 E]JGIhIEERING a ~ urcw~ wj- ~ tFC IMPROVEMENTS -PART A 1(IJv FYI VGv PAGE la/19 i . II III IV V ~ ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE BID ITEM E~CTENSION (aTY X UNIY PRICE IN FIOUREB) Al 2.13 AC CLEAR RIGHT-0F--WAY S ~ • ~ $__T L D. ~ A2 998.6 LF REMONE 8` REPLACE 4' CONCRETE VALLEY 4UTT6R $ 34• ~~ g ~ y Z Zg. '~ ~"~"-'" AS 48 LF 18" RCP ~~~~,,~~ro~- S~_ Z 1 to. $ - ~ A4 114. LF Z4".RCP $ e1$ ~ $ S S'33. ~ - AS 1471 LF 98" RCP S (.~"t. ~ . t,- 49 9ZS'. e~ A8 joss S1F ~ ~ 1< g ~`. 1A-A~R A7 2 EA 5' ~TYPE'A' CONCRETE STORM WATER MANHOLE $ Z tt. ~~' -~- g S'". 3 A~. AB 3 EA ~ ~ TYPE `A' CONCRETE STORM $ -~ 1~ $ q _ PI ¢. ~ WATER MANHOLE AS 1 fsA , T N~CONCRE'I'E STORM WATER $ ,~ 0 ~' $ '~ 4t0. ~' A10 8 EA GRATE INLET S~~'(.. ~ S ~~_.T L. ~y A11 1 EA 24" 3.E.T. (6:1) S`~_ -$ ~- _ A12 470 SF S" THICK CONCRETE RIPRAP W/#4 BARS a {,~ ~ s ~ qM6. ~= A13 1801 CY EX<Sf DITCH EXCAVATION (HgVLING AND D18P4$AI, OF DIRT) S_ p~ ~ ~ s ~ ~ •~..~~3e A14 860 I,F CONSTRUCT DRAINAQE SW/-I.E $ 9• `- - s_ ~,,;a ~x R61YI$ED PROP~08AL FORM ~11f~E 3 OF a 1OK i10 8 AT77 m0 3 sage ~ ox a ~c/i~/cvua ir.uc rnx sa~raaavra 12/11/2899 15;55 8263882 ~~~-~un~~nuitun ENGII~ERIhIG STORM WATER IMPROVEMENTS CONT. ~u io/ucv PAS 15/19 A16 .4418 SY 3EEDtNG FOR EROSION CONTROL S , .3S" ~~ „1i~'~6. ~" A16 1 EA CONCRETE HEADWALL (PVV) s 2l Z • ._ S G ~ 2'7 t. w~ _ A17 1833 LF VVO"~H 3AFE7Y FAR STORM ~ . 4~ ~~ ,, mss, ~ t A1S 1 Lg S'Tf?RM WATER POLLUTION PR=VENTION PLAN 'E a ~" 2~ •~, 3 300. A7fl 1 Lg TRAFFIC CONTROL FOR ALL WORK ON C3lLL1A,lN STREET AREA og S µ ° ° S L boo. 0`1 ~ AZO i LS UT'LITY RELOCATION ;"~~ ~a°.~~'" s (~ ~AD• "'"' A21 1 LS CCNTROL OR GROUND WATER S 4. ~~ s tTZBO. ~ A22 i LS ALLOWANCE FOR ADJUSTMf_WT S 10000 3 10000 TOTAL BID PART A (Items A7 through A23): S70RM WATER IMPRCVEMENTS •- PART d _~~' . ..r ~2S'I~ ~-r ~ S~ i u nl tv v vl ITtaIA QUANTITY UNR DESCRIPTION UNIT PRICE SID ITEM EXTENSION (QTY X UNIT PRICE IN FIQUREb~ B1 25 L.F R ABANDONED 36' 9TEE4 PIPE AND BACK FILL ''` $ 1. ""' S ~ 4&D . ~~ 62 12 EA CLEAN CULVERTS $~j~, °_ a 1f ~' wry 93 75 CY FILL g~IG= s ZT~. Rr t34 4600 CY ' RE®RApE DITCH Z1 L ~ ~ y1 Z• $ . ~._ ^ 'TOTAL BID PART B (Ibsms B1 throygh B4): ;;i 3r~ ~~~. ~~' REVISED PROPOSAL PoRM,~ PAe3E ~ OF a iao a A?TA@AQ~1T PO 3 B •ao~e STORM VYATER IMPRO';/EMENTS -PART C I II In Iv v vl BID ITEM EXTENSION ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE (QTY X UNIT PRICE IN FIGURES) C9 1000 LF ~ALOO I NG $~= ~ Zo . °~ $ G NG CLARKWOO ROAD ~ c2 24o LF CLEAN ExtSTING 2a" & 36" RCP ALO CULVERT O $ ~~ >~. $ Z ,~s~7 ~ NG CLARKIN OD RD S REMOVE F.JCISTING 24" PVC ~ ` ~ ~~ C3 32 LF 92EPLACB WITH NEW 24" RCP $ 7 i • $ 2~ ~('l. ' ACROSS Cii.ARKWOOD RD C4 1 LS TRAFFIC CONTROL -MANDATORY ALLOWANCE $ b 000 $ .5..000.00 C5 120 LF REMOVE, CLEAN AN D RELAY " E $ S2. `~' $ G. Lf '~ • 4' XISTING 24 RCP TO NEW GRADE -+-- C6 - 70 SY PAVEMENT REPAtR FOR STORM $ y~'*-L $ 3 33'f. T~ WATER + T~DTAL BID PART C (Items C1 through C6}: ~ 2s' ~ 8o f.. ~-~ STREET tMPROVEMEN~TS -PART D I II III IV V VI ITEM QUANTITY UNI1" DESCRIPTION UNIT PRICE BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) SUBGRADE PROOF ROLLING WITH ~~ '= D1 8378 sY % STAB 3 ~ • S ! a ~ f; yo. APPROX. 6 ILITATION D2 8378 SY PULVERIZED, RECLAIMED ASPHALT SE $ 2_ ~ $ Z3 ~ tr. ~~ ~ AND BA D3 1~ CY STABILIZE RECLAIMED MATERIAL WITH EN-1 AT RATE OF 0.0075/SY O OU $ t ~• ~~- 3 21 ~.f'o• LV ~ MIXED TH R GHLY WITH FULL DEPTH COMPATION D4 8378 SY HMAC 2" SURFACE TREATMENT $ i (, v1 $ 9 7. 17 ~. ts' TOTAL BID E~ART D (Items D1 through D4): $ 1 S" 3 . 4 ~ 7, s'z REVISED PROPOSAL FORM A,npEx~vM No 4 ATTACHMSN7' NO 1 PA©E= 5 OF B Page 1 oz i rc/rr/cVVD rrVG r(1A JOIrOdilV r4 - JLt,-LUPIJInUl lun IQ,~V It/VLV -- 12/11/2089 -15:55 6263802 ENGI~EII2ING PAGE 17/19 BiD SUMMARY ~s~, /~/ s/ TOTAL, 9iD - PART A ~ - ,~ t. 0 . _ _ TOTAL 61D - PART B ~ 3~ StSt S TOTAL Blp.. PART C S Zt. POL . si TOTAL B1D ~ PART D ti 13^3 . 4~'7 . ~'' TOTAL BASE BID: ~ ; ~'? ~~ Tha City intends by award the.oorltn~ct based an lowest Total Base Bid ~7/ ~~r. ~~ The undersigryad hereby deolerrs that Ne has visited the sgs and has Caret1111y examined the ptens, specifrcadons sand contract doc~msnb rotating to the work covered by his bid or bids. thatMe apr+ses do do the work, and that no raprerenmtlons made yy the City are in any sense a warramy but are mere estimsoes fnr me gu&lance of the Comer. Upon tw~iicat;on of award of contract, we will wgh~ tam (10) oai~tdar days exsoubs the formal contract snd w~i dleliwr a Pahrtndncx Bond (~ fbr ttn faitl~hal psrtormance of this contract and a Parymerrt Bond (as regt~d) b insure payment iat ~ qll irabor a~rrt*Nrtais. The bid bond attached to this prgrosai, in the amount of S96 of the highest amount bid, is b become 1tt! properly of the Cigr cf t:erptls Cftrisg in the went the o0ttlrxCt elnd bonds an not executed Vlrltllln the tune afxnrs set forth sls Nquidated drAmages ter the detep- and ~tditlenal work caused thereby. MlnepltyiMtnorlty Bueinwa ~ntsrpr~e Paeli~palion: The apparent law bidder sharp, wdhtn tiv. days of receipt of bids, submR ~ the Ci4t Englnar, in writing, ifs nanfos and aldd of M9E }inns partloipating in the centraot and a descrtptllon of the work TA be perianned and its dollar value for bid avalutltion ptupoae. Ngmber otsignled Sera of Documents: The contradand aA bonds wiq be prepared in net lass than four counterpart (orf~rtsl ai~ne+d) seta. Time of Comrslfallon: The underoigned sgr+ees to complete the work within 1 ZO calendar days from the date designated by a Worn Otder. The underoipryed turthrr dodares that havvili provide all necessary toots and apparatus, do aD the work and furnioh all materials and d~a evetytl~ing squired m carry out the above mees<toned work oovensd by this pR~possl, in strict sooor+dwtoe with the cost ract doaumerrte and the requhemeMs peRatning thereto, for the sum or arena above set forth. Receipt o'' the following addenda Is acknowiod~d (addenda numbed: Rs~speotfuly atlbmltted: SLC CONSTRUCTION, L . L . C . jsl=nnL - IF BIDDER IS 0 CorpOlatlOn) ~~ Shawn P. Harvey (9tON RE) Addnlea: 1165 lltodeo Dr. (P.O. f3oX) (8treet) Aransas Pass, TX 76336 ( ) (tea) P) T~epho~; 361-758-8284 NOTE: Do not detach btd troy other papers. Filt in with iok and submi~ complete REVISED PROPaSAL FORM-Z PAGE 8 OF 5 X10 a ART]-Gl >!~ 3 ! i • The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 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 y above. ATTEST: City Secretary AP AS TO/'LF~ FORM: By : ~ ~'~^V° Asst. City Attorney ATTEST: (1/f C;prpor~tion) (Sea P. Harvey,. Manager (Note: Zf Peron signing for corporation is not President, attach aopg of authorization to sign) CITY OF C S CHRI TI By : ~~~ Juan Perales, r., P.E. Assistant City Manager Engineering/Development Services B ~.-~ " Y Pete Anaya, "P . E . Director of Engineering Services CONTRACTOR SLC Construction L.L.C. Sara L. clarx - ~- - - -- Title • Manager 1165 RODEO DR. (Address) ARANSAS PASS, TX 78336 (City) (State)(ZIP) 361/758-8284 * 3.61/758-8074 (Phone) (Fax) o i - ~a5 ~~HaR~Z~~ Agreement ~~- ~'Q~NiI`II, .m,.~~°~~,~ ~ Page 2 of 2 ..~ sE~€~~ fib. IG!Y,,/LV!J~ irvc rnx soirou~u to .2/11!2009 15:55 X263802 ~~c-~un~iKUilun ENGIhEDtING PROPOSAL FORM I~U11/V'LV PAGE 12/19 FOR McNC~RTON CHANNEL IMPROVEMENTS PHASE i GILUAM ST IMPROVEMENTS PROJECT N0.2214 CEPARTMENr of EN8INEERING SERVICES CITY OF CORPUS CI-IRISTt, TEXAS REVISED PROPOSAL FORM - z xaoz~Rf-t mo s -AGE 1 OF d ]1TrAQlDIZ11T Ai0 3 s~g+~ior. IG.+I1/LVV.7 I(.VG rMA Oblf~tlCVf4 JLIr~I.UNJINUIIUN 12/11!2009 15:55 8263802 ENGYNEERING PIROPQSAL Place: Corpus Christi, Texas Qate: December 16, 2009 IQ.J U 1.7 / U'L V PAGE 13/19 Proposal of SLC CONSTRUCTION, L.L.C. a Corporrs~tion vrgani~ed and existing under the laws of the State of TEXAS oR a Pa.rtne~ship or Individual doing business as Tp; The City of Corpt~x ChNsti, T®xas Gentlemen: The under.~igned hereby proposes to furnish all Tabor and materials, toots, and necessary equipment, and to pertorm the work requirled for. M~.NORTON CHANNEL IMPRDYEMENTS PHASE i GILLIAM sT IMPROYEMtNTS PROJECT N4.2R14 at the loca~ons seat out key the plans and specifications and in strict accordance with the contract documents for the folivv-~ing prime, to-wit: REVISED PROPOSAL FORM,Z ~y x~ a PA~3E 2 OF A ~, Np 3 s tot e IL/ 11/LVVa7 IIVG fMA JOII:IOOVl4 JLV-VVIIJ II~UI IV1~ 12/11/2009 15:55 8263802 ENGINEERING a ~ ~rrcM w~- ~ tK IMPROVEMENTS -PART A I~IJV IYJ VGV PAGE la/19 I . II III IV V Vi tTEAII QUANTITY UNIT pESCRIPTION UNIT PRICE BID ITEM E~CTENSION (QTY X UNIT PRICE tN FiOUREt3) Al 2.13 AC CLEAR RIGHT-0F--WAY S a • ~ $ g ~ L a • ~ A2 986.5 LF REMOUE & REPLACE 4' CONCRETE VALLEY GUTTER $ 3~'~ - $ ~ ~{ . Z 2B: ~'~ A'~ 48 LF 19"RCP $ ~~. $ -Z iSo. ~ ~ ~ A4 '114 LF 24" RCP $~~' $ S s'33. '~ AS 1477 LF 38" RCP S L~7• ~ $.~ qg 9ZS"• ~s AS 40ai8 Sle: ~•~ '~, i~ - 7 $ A7 2 EA 5'~TYPE'A' CONCRETE STORM • WATER MANHOLE $ ~ `tt. ~~' "'F'~"- $ S"'. 3 ~~. 3s ~ 3 ~ 6' ~ TYPE'A' CONCRETE STORM $ -~ ~,!'. ~ PI ¢, ~ a WATER MANHOLE - ~ 1 ~ • MANHOLCONCREI'E STORM WATER $ J 0 ~. $, ~ t},f'0. ~ _ A10 8 EA GRATE INLET $ 73 ~' $, ~ - 18~ 2._ ~~ A11 1 EA 2a" S.E.T. (6:1) 3~_ 10 -$ ~- .... A12 470 SF g" THICK CONCRETE RIPRAP W/ #4 BARS $ {,_~ S' 9M (~ • ~ A13 1901 CY EX15f DITCH EXCAVATION (HAVI,ING-AND DISPOSAL„ OF DIRT) $~ S t R~ ~-~~ 3-, Ala 660 LF CONSTRUCT DRAINAQE SWAL.E $ 9• `- - s_ ~, ~a e.• ~-° REVISED PROP08AL FORM Z ~IIt3E 3 OF It AD~OlI lT0 3 u'1"~' !s0 3 Page ~ oY e I L/ 1 f/ZVV~7 I f. VL rnx 3ti I f ~CtlV f 9 JLG-I;UIVJ I tfU I lUfl 12/ 11 / 2009 15:55 8263882 t'hIGII~ERING STORM WATER IMPROVEMENTS CONT. ~g,JVI~/VCV PAQE 15/19 A15 .4418 SY 3EEDtNG FOR EROSION CONTROL S .3~' 3 ~ 1rS'~6. ~"' A16 1 EA CONCRETE HEADWALL (P11N) S (,~ 2? 2 , - ~ G ~ 2'7 L. ~~ _ A17 1633 LF TRI :NCH SAFIE7Y FOR STORM WPTItR $ . ~~ $r ~, o4S. ~= A79 1 LS ST1~RM WATER POLLUTION PR=VENTiQN PLAN '3 a ~" 2~- °~ •~„ 3 3_ oo. A1g 1 LS TR~FiC CONTROL FOR ALL WORK ON GILLIAM STREETARFA o: S µaO 0'1 S (_~ ~faD. A20 1 LS UT'LITY RELOCATION S D. ~' S (~ 'Ja0• °"' A27 1 LS CCN7ROL OF GROUND WATER S_ l~~ 8 l . 2~d. ~' .. A22 ! LS Au OWANCE FOR ADJUSTMENT S 10000 S 10000 TOTAL BID PART A (hems A7 throagh A23): ; o, T----- STORM WATER IMPRC!VFMEtNTS .. peQT w a 5 ~/ ~'`{ ~ S l 1 u m Iv v ut ITEM QUANTITY UNIT .DESCRIPTION uNIT PRICE (31D ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) $1 25 ~ R~IOVE ABANDONHD 36' 9TE,EL PIPE AND BACK FI $ 1. ~" S +f • ~~ - LL 62 12 EA CLEAN CULVERTS $~ °'~ S ~ / +~4. ~" 83 16 CY FILL $_ L ~f; ~ _ s 2Tq ~ ~~' t34 4600 CY ' REQRADE DITCH i $ (~~ ZZ S ~~ t Z• ~- TOTAL BID PART B (I~e11ns B1 through B4): ;„_ 3r~, ~~s~' ~"" REVISED PROPOSAL l~oRM,2 PAGE ~ OF a l~vrl xo 3 A?'rAT PO 3 PA e a o! 6 - - - -- ---___.- ~„ui„~uaiv~a rr;ut 1'JJ! 1JJ STORM WATER IMPRO'~/EMENTS -PART C I tl III IV V VI ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE -BID ITEM EXTENSION (QTY X UNIT PRIGE IN FIGURES) C1 1000 LF ROADSIDE DITCH RE-GRADING ALONG CLARKWOOD ROAD $ ~•2~_ $ 220.°~ ~+ C2 240 LF CLEAN EXISTING 2a" & 36" RGP CULVERTS ALONG CLARICWOOD RD ~.y, $ ~~'' Z 4. $ ~ ~FS"7' C3 32 LF REMOVE F.JCISTING 2,4" PVC ili 12EPLACE WITH NEW 24" RCP $ 7`f • ~ $ Z~ ~fl. •'~ ACROSS CLARKWOOD RD C4 1 LS TRAFFIC CONTROL -MANDATORY ALLOWANCE $ 5.000 $ 5..OOt-.00 CS 120 LF REMOVE, CLEAN AND RELAY EXISTING 24" RCP TO NEW GRADE ~I~. $ s2' $ G'-~f ~ ' C6 70 SY PAVEMENT REPAIR FOR STORM WATER •t~ $ 'l . r. To $ 3+ 33'f . T~DTAL BID PART C (Items C1 through C6): ~ 2.S'- ! ~o ~ . r~ STREET tMPROVEMEN~TS -PART D I It m Iv v vl ITEM QUANTITY UN11" DESCRIPTION UNIT PRICE BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) SUBGRADE P _ OOF ROLLING WITH z'_. .. D1 8378 SY APPROX 5% STABILLZATION S ~' $ 1 a ~ (, ~a. -- . D2 8378 SY PULVERIZED, RECLAIMED ASPHALT AND BASE ~, $~- f~ $ 23 ~ ~ tr. D3 9882 CY STABILIZE RECLAIMED MATERIAL WITH EN-1 AT RATE OF 0.00781SY MIXED THOROUGHLY WITH FUL $ t 1, ~-- $ 21 MS'o. z4 i L DEPTH COMPATION D4 8378 SY HMAC 2" SURFACE TREATMENT $ 1 ~, v3 $ 9'7.171. tt TOTAL BID I~~ART D (Items D1 through D4): $ 1 S'" 3 . y P 7, sz REVISED PROPOSAL FORM ~nn~nnM iso a PAGE 5 OF B ATTACfiMFSNT PTO 1 PdgC 7. OY 1 icy i ~~cvva rr .vc ran ao Ir~tsavrv 12/11lQpl@9 15:55 8263602 TOTAL BID -PART A TOTAL BID -PART B TOTAL Blp « PART C TOTAL B!D ~ PART D Jl.~-LUIYJ 1 IrU I lUPI ENGIht'cII2ING BID SUMMARY _ ..]~3' ~'~ 6 0 . - ~ 3t- t1s- ~~ S Zt. PaC. ~z s t r"3 . ~~~ . ~~ TOTAL BASE BID: $ -~-3~fi:~ ,- ~~. Tho City intends tiD award the .~IMfact baaod on lowest Total Base 81tl. ~ ~ ~ ~ ~ ~{ ~ , IgJV I t/U'LV PAGE 17/19 The undersigrsed hereby declares that tfe has visited the sits and has Carefully euamined the plans, apecifiCatlons and contract doc~merrts rotating to thework covered by hfs bid or bids. thathe agr+oes to do the work, and that no roprasentatlons made 5y the City are In any sense a warreniy but are mee+. estimates for the guidance of the Contractor. Upon r>IOtlticnFaon of award of vontraot, ws will within tart (10) calendar days exocuts the f orrt+el contract and wal deliver a Perigtnanoe Bond (ae d for the faitl~tul pertlorrrianoe of fhisi owttr~t and a Payment Bond (as requirod) to htsuro poymant foi ~ all liwbor end materials. The bid bond attached to th(s proposal, M the amount of S~6 of the highest amount bb, is b t~ooms the property of the City of Carpus Chrisi3 in the event the eontr8let sand bonds are not executed within the time af~ove set forth as liquidated drarnages forths dolay and addilipnsi work caused thereby. Mlno~ilylMtnaMt~r Business Enbrprise Partlolpaflon: The appa~rant taw bidder shall, within tivo days of rocoipt of bids, t~ubmR be the City Engln~r, in writing. the names and addrlasses of MBE firms partloipatfng in the contract and a descriptbn o} the work to be perfom'ted end its dollar value for bid ewluetion purpose. Number of Sigr-ed Sets of Dvcumente: The contrail and aA bonds wig lee prepared in act loss than four counterpart (original siQne~ sets. Time of Comrlet~on: The underoigned agrees tD complete the work wthin 1Z0 pslendai• datra tram the date designated by a Work Order. The undersiprted further declares that he wAl provide all necessary tools and apparatus, do aA the work and famish all materials and da everytlting required tP carry out the above mention4d work ooverod by this pn~posai, in strict aooordanoe with the cunt ract dooumentg and the requir,enteMs pertaining thereto, fbr the sum of sums above set forth. o' fhe addenda Is acknowledyod (addenda numbed: Respectfully submitted: SLC CONSTRUCT ION , L . L . C . Name: Shaun P. Harvey (SEAL - IF BIDDER IS e Corpaatlon) NOTE: De not detach bid frog other papers. Fill in with ink and submi~ complete ($IONATIrRE) Address; 1165 rodeo Dr. (P.O. Box) (Street) Aransas Pass, TX 78336 ( ) (~~) P) Telephone: 3 61- 7 5 8 - 82 84 REVISBD PROPOSALFORM-Z PAGE 8 OR f >qo n ATT]tClQl=71= >~p 3 p i D Bond No. 6687776 F8 RFOR~dAN C E BON D __..... S'1'~-TL OF TEXAS CO[JNTY of ~ILTffiC~S ~ 1QQOW ALL SY TRESA PRESEDITS TEAT SIC Corietrnction, L.L.G. of ARANSAS CouriLy, Texas, hereinafter called "Principal", and~Sa,feco Insurance Company of Amenie~. corporation organized under the laws of the State of WA , ana daly authorized to do business ir. the State of 'T'exas, hereinafter called "Surety", are held ai:d ~i_rnly i,ound unto the City of Corpus Christi, a municipal corporation of Niieces County, Texas, hereinafter called "City", in the penal sure of FOUR SUHDRSD SEVBNZ'F-ODiE T84US~itiD ~ NIb7E BUNDRSD FORTY-~tE Ar1TJ 75/100{$471,941.75) DOLJ~ARS, lawful money of the United States, to be paid in i~ueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our t°eirs, executors, administrators and successors, ~oin.'y and severally, firmly by these presents: THE CO1'~DITIC~N OF TBIS O$LIGATIQN IS 8UCS THAT: ltihe_eas, -hF principal entered into a certain Contract wit2; the C'_ty of <~ornuG Christi, dated the Z$T8 of J'AIiIIARY , 24 1Q , a ccpy of which is riereto attached and made a part hereof, J.ut the construction. :-if: b~Cl~ORTOM CHAIiaTBL IMPROPVB~NTS PEASE 1 GILI,IAM ST . S F'RO~CT NO 2214 (TOTAL BJ-.SE BID: $471,941.75) IQ4GP, TABREFORB, i.F the principal shall faithfully perform said work in accordance with tae pla~~, speciii::$tions and contract. documents, including ar.y chances, extersio?is, or guarar.tips, and i the principal shal] repair and/ar replac:c: all defects due 1:o faul*_y materials and/or worltmarship that appear within a period vi ;uric jii year from the date of completion and accepraace of irnproverce:~ts by the City, then this obligation shall be vald; otherwise to remain in full force and effect. ~+ROVIDED F[7AT8ER, that if any ~e.^•al a: Lion hc: filcc on trio )rC31d, venue shall lie in Nueces County, Texas. And that said surety for. va-ue received hereby stipu_ates that no change, extension of time, alteration or addition to the terns of the contract, or tv the work performed thereunder, or r.he ~:laci~, specifications, drawings, etc., accn:npanyinc the same sY:all .r, anywise affect its obligation, on this bond, anci it d;~es hereby waive r::~tice of any such change, extens'.an of timer alteration. o.r addi'~io:1 to the terms of the contract, or to the work to 1~e performed thereunder. Ferf~r:naree Bend Page 1 of 2 This bond is given td meet ttie requireT.ezts of Artir.:e ~7bG, Verran's Civi3 St4tutes of 3'exas, and other a~nlicable ststutes of the? State of Texas. The terms "C?.ai~rant", "Labor" and "Material", as used herein are in accordance with and as defined in saic Article. :he undersignec agent is hereby designated by the Surety herein as the Agent Resident ir, Nueces ~aur:ty to wham any regt:isite notices r.-ay be delivered and on wham scr~~_ce of process may fle had in matters arising ant of such suretyship, as provided by Art. 7.13-1, Verron's '"exas Insurance Code. IN 1fPIT19ESS W8gR80F, this instrument i s exPC:itPr '_n 4 rc~pi,es, each one of which shall be deemed a:~ original, this the 15th day of February ~p 10 PRiHCIPFiL SLC Construction,, L.`L.C. Q ~ SURETY Houstoun, Woodard, Eason, Gentle, ~ ~ ~ ~ ~~ Tomforde, and Anderson, Inc. Safeco Insurance Company of America dba Insurance Alliance 1776 Yorktown, Spite 200 ~ Y ; ~~ Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 A=torney-in-fact. Harlan J. Berger -- --- ,Print Nanej s"=;<,,,, Thia Rasi.dpat Agastt of the 8arety art Nueces Gosut tX, ~ei<t±~, for d~iivsrg of r~atice artd service of process is: . L Ageu~r: Keetch & Associates \ ~ -~ ,~ ~crtt*ac~ Person: Michael Ryhne '; -~~ .~ ~d~es e : 7 Santa Fe Road r ''~F ; t ~ ~ b tens isti, A,, ~ . `r=~~= Pfta:ae Number : (361) 883-3803 i~JT~: Late of Payment Herd must ::ot Yse ~=ior La :i~3;.c? oC t:t3::l.7 A::f ; ;Rt?=: ~ ~~ti :S/S.R: e'~yrnert Son Pare 2 ~: 2 Sara L. Clark, Manager Bond No. 6687776 PAYME2~'r B (3ND STATE dF TEXA$ ~ COUl~TY 4F NVECBS ~ I47UFif ALL BY THESE PRBS~S THAT $xC CoAatru~tioa, L.L.C. of ARA3tS~AS Cnur.ry, Texa~~, hereinafter called "Principal", andSafeco Insurance Corr~any of.Americ~. a corparation organized under the laws or the Sta~.e of WA ~ - ., ar,d duly authorized to da business i-, the State of Texas, hereinafter called "Surety", are held and firmly bound unt: tY~c: City of Carpus Christi, a municipal corp~ratior. of Nueces County, Texas, hereinafter called "City", and unto all pe=sans, firtls and corporations supplying labor and materials i.i prasecstior. ^f tT~e wark referred :.o in the attached contract, in the penal sum of FOUR HL]l7DR$p S$VSNTY-t7~fE TSOUSAI4D, NINE HUNDRSD FQRTY-ONE A~iD ~.. ~ - 75I1QQ($471,941.75) DQI,LARS, lawful money of the United States, to be paipaid in Nueces County, Texas, for t:~e payment of which surf wel- and truly to be made we bind ^urSP_1',7eS, nUZ heirs, executors, administrators and successors, jointly and severally, firmly b,~~ these presents: T8E CJO~lrDSTZ4N OF THZS aHLIGATION IS 3UC8 THAT : WherQas , the principal entered into a certain contract w_th the C:.ty of carpus Christi, dated the 2STB day JAI~QARY , 2D 1Q , a copy of wt:ich is hereto attached and made a pert hereof, for the ronstruc~~on of: ~iCNO~tTQN CEANH~ 8 PHASE 1 GILLIAM ST. ZNp1tdVSl~NTS PROJECT NO ZZ14 (TCt'rAL SASE HID : $471, 941.7*~) Na47, THEREFORE, if the principa_ shal_ fa'thf~,~liy perform. its duties and make prompt payment to ail persons, firms, subcantractars, corporations and ria:rnants supplyi.nci labor ar.•d material in the prosecution of the wark prod dad for i~ sa7d Contract and any and all duly authorized rnodiiication of said contract that may he=einaftex be made, notice of which modificatior: to tze surety is hereby expressly waived, then Chas obligatio:~ shall be void: otherwisQ to remain in fii`1 force and effect. P'RO~VIDED E'[JRT$ER, that if any legal actio:~ he filed upor. tt:is bond, venue shall ti.e in Nueces Co~;nty, Texas. AnG that said surety far value re^eived herek~y stipulates that no change, extension of time, alteration or addition r_c, vhP terms of the contract, or to the wark ~aerfc~rmed r_l:ereur••3er, or the p] a;~s, specifications, drawings, etc., accompar:yir~g the same shall 'n anywise affect its obligation c:~ thiG i~ord, and it does t:ereby waive notice of any such change, extPasior_ of t~me, alteration o~ additior_ to the terms of the contract, or to the work tc• be performed thereunder. Pay~en= Ti~nd Page 1 0~ 2 ':his bond i.s given to meet the rec~ui~~e:r.e:~ts of Rrticic: 5160, ~7ernon' s Civil Statutes of Texas, and other appJ. i catr i e statutes of tl:e State of ; exas . The undersigned agent is hereby des=gnated by t:ie Surety herein as the Agent Resident ir. Nueces County to w:iom any requ_site no*ices may be delivered and on wY:om serv_ce of process may be had i.n matters arising out of such s4retyship, as provided by Tart. 7.19-I, Vernan's Texas Insurance Ccde. IN i~i'ITNESS 1~BSREOF, this instrument is executed i:~ _ z_ ccf:~ies, each one of which shalt' be deemed a:, oriyinai, this t:7 P. 15th day o f Februaxy 2 0 10 FRINGIFAL SLC Construction,.. L.L.Cn __ By : ~ ~~~~J~C ~ ~ _Sar_a L_. Clark ManaaPr Grin: :dame & Tjt1E ATTEST Shawn P. Harvey; ,Print Na:1e ~ ^iklc SVRET'Y Noustoun,'~Vo~dard, hilt®on, atle, Tomforde, and Anderson, Inc. dba Insurance Alliance 1776 Yorktown, Spite 200 Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 The Resid~at Ada ' idelfvery of ~a~iGSt Safeco In urance Co a>~ of America______ ____ . B~: ~ ~____ __. _..~.~- _ .. _._...__.__.__.__ AttorTiey-in-:act Harlan J. Berger t of t:ha Siar~ty ~ Nu~ecea ~C~usity, Ta~xaa, . , ~Ev ila~d at4tv~.C~ O!` iorrocass is: ' Ag~eacy: Keetch & Associates d' ~ ~., , Coritaat pe~aos~: Michael Ryhne ~~,ag,~; 1718 Santa Fe Road Corpus is i, ~°~-,, Phot~a N~rmber: (361) 883-3803 ~~ ' "' `° (Ni)TE: ir3Ce of Ycrformarce 6C^u must :rot be prior to :ate of conrzactl ~JReli•°e~ :~rry8) FErt:rxmaucE tS~-rc3 1:'aye 2 Uf c