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HomeMy WebLinkAboutC2010-222 - 6/29/2010 - Approved~RO . ~ ~EIRT~F~~ATE ~~ ~s~4~lL~TY 1NSlJRANCE OP ID Posxa~ VN~RLlYIIYYVWIIIfr .i':rnrnr't ~ n ~`i ~ ~ i ~ n PROOU.CER THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swaxltaer tc Gos'doa Iris Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Sox 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phox1e:361--$$3-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Trinity Lloyds Ins GO 41262 'h b ~ ~ INSURER B: Travelerffi Prop Gas gas Co 36161 a oreS GOI1StruCt J Oa CO IaC ROCk Yiydro Exaavat~on, LL~ INSURER C: Travelers xa9®nit Co of CT r 25682 P O BOX 60 89 Corpus Chr ati TX 7$466 INSURER D: INSURER E: cvveflaGes THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACTOR OTHER ^OCUMEN7 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEp OR MAY PERTAIN, THE INSURANCE AFFORpEp BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TWE TERMS, EXOLU510N8 AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER PATE MMlDD1YYYY DATE MMIDIDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO, OOO A X GOMMERCIALGENERALLIABILITY 4TG08577N95$TLGO9 DS/06/09 08/06/10 PREMI5ES(Eaoccurencej $300,000 CLAIMS MADE ~ OCCUR / MEDEXP(AnyoneRarsonj $ S,OOO PERSONAL t:ADVINJURY $ 1, OOO, OOO GENERAL AGGREGATE $ 2, O O O r 0 0 0 GEN'LAGGREGATEL[MITAPPLIESPER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY x JECT LOC Etlgg $en. 1, OOO, aao AUT OMOSILELIABILITY ~ COMBENEDSlNGLELIMIT (E id t $1,000,000 B X ANYAUra HA8571N991O9GNS 08/06/09 08/06/10 aaco en ) ALL OWNED AUTOS BODELY INJURY SCHEDULED AUTOS (Per person) $ X HIREp AUTOS BpDILY INJURY X NON-OWNED AUTOS (Per accitlenl) $ PROPERTY pAMAGE $ (Per ecGdentj GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESSlUMBRELLALIABILITY EACHOCOURRENCE S~,OOO,000 C X accuR ~ CLAIMSMADE 4T3MCUP54636613TCT0 9 08/06/09 08/06/10 AGGREGATE $ S,OO0,000 I/ $ pEDUCTIBLE X RETENTION $10 , OOO $ WORKERS COMPENSATION ~! X AND EMPLOYERS' LIABILITY Y! N TORY LIMITS ER C ANY PROPRIETOR/PARTNERIEXECUTIVE^ OFFICERIMEMBER EXCLUDEp? 4TA'Ug8579AT82309 08/06/0'9 08/06/10 E.L. EACH ACCIDENT $ 1r 000, 000 t M d I NH { an a ory n j If s de rib d / vv E.L. DISEASE - EA EMPLOYEE $ 1, OOO r OOO , ye sc e un er SPECIAL PROVISION6 below E.L. DISEASE -POLICY LIMIT $ ~.,, OOO , OOO OTHER DESCRIPTION OF OPERATIONS !LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: Gayo Del Oso Water LIne Replacement - Proj. No. 809019 The City af~ Corpus Christi is named as Additional Insured on all Ge~nleral Liability and all Auto Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORFJfHE EXPIRATION G1GC_GO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 0 1I/DAYS WRI77EN NOTICE 70 7HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DD SO 8HALL Glty of COrpuS Chri Sti ~' IMPOSE NO OBUGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Eagi,xxearing Services REPRESENTATIVES. Contrast Administrator PUT SENTATIVE P.O. Sox 9277 ~ o us Christi TX 78469-9277 ACORD 25 (2009101) ~ 1988-2009 ACOR ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~~ COMMERCIAL GENERAL LIABILITY cG 2a to to of THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR ~ CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: ~~~ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.} A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance ar repairs) to be performed by ar on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor ar subcontractor engaged in performing operations for a principal as part of the same project CG 20 10 10 O1 Insured: Jhabores Construction Co., Inc. Pol # Effective: 08/06/09 e~ Randal M. L ~ ~' " Authorized Representative 4TC008577N95$TLC09 , / Managing Partner Title: TE 99 OIB ADDITIONAL, INSURED This endorsement modifies insurance provided under the following: AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number 08/06/09 BA8S71 N99109CNS ~ Named Insured ~~ / ( ~habores Construction Co., Inc. Countersigned by ut orizecT'~t~resentative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Additional Insured: City Of Corpus Chrrstr Dept. Of Engineering Services '~ Attn: Contract Administrator U P. O. Box 9277 Corpus Christi, TX 78469-9277 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 01B - ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19,1992 ATTACHMENT 2 20F2 COMMERCIAL GENERAL LIABILITY CG 02 OS O 1 96 THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ,~TEXA5 CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the.following: . COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator ~ P. O. Box 9277 Corpus Christi, TX 78469-9277 Number of days advance notice: THIRTY (30) Named Insured: Jhabores Construction Co., Inc. Policy Number: 4TC08577N958TLC09 Effective Date of This Endorsement: Authorized Representative: 08/06/09 ,~ Name (Printed}: R. M. Lee Title (Printed): Managing Partner ATTACHMENT 3 CG02415 (01/9b} I OF 3 TE 02 02A ~I CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: i R. M. Lee This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policv Number 08/06/09 BA8571N99109CNS Named Insured ~ Jhabores Construction Co., Inc. Countersigned by (Authorized Representative) THIRTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: Clty of COrpUS Chr15t1 Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 7$469-9277 Authorized Representative: Name (Printed) Title (Printed): BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Managing Partner „ ,, , . ~~ FORM TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile Endorsement {Ed. Effective 3/92) ATTACHMENT 3 20F3 VVORI~ERS COMPENSATION AND EMPLOYERS LIABILITI' INSURANCE POLICY WC 4B 06 01 . {ED. 7-85) TEXAS NOTICE OF MATERLAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. Tn the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone nat named in the Schedule. Schedule 1. Number of days advance notice: 30 ~ 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator / P O Box 9277 ~J Corpus Christi, TX 7$469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/6/09 Policy No Insured Jhabores Construction Co., Inc. Insurance Company Travelers Indemnity WC 42 06 O1 4TEUB8579N82309 Endorsement No. 1 Premium $N/A Countersigned By: Name (Printed): R. M. Lee {Ed. 7-84) Title {Printed}: Managing Partner ATTACHMENT 3 30F3 y GENERAL ENDORSEMENT Name of Person or organization insured 3habores Construction Co., Inc. Date this endorsement takes effect 12/01/09 Endorsement Number 1 Policy Number MAXASIM0010824 Policy Period 12/01/09-10 Builders Rlsk /Installation Floater Name of Company issuing this endorsement Max American Insurance Company ~We will not fill in the above unless we issue this endorsement after we issue your policy} In consideration of no change in premium, add the following as an additional insured: City of Carpus Christi: Department of Engineering Services Attn: Contract Administrator P O Box 9277 Carpus Christi, TX 78469-9277 Should the above described policy be canceled or materially changed before the expiration date thereof, the issuing company will rnai130 days written notice to the above named. Signature: Authorized Agent ATTACHMENT 4 KK-GL00 1 of ]. Zola-ZZZ M2010-155 06/29/10 Jhabores Construction SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR Cayo del Oso Water Line Replacement FOR WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-16$1 Fax: 361./826-1889 OvC:i' ~~~ ~~~,~ 8f ~cnirc AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 351/880-3500 Fax: 361/888-3501 Prepared by ~~ URS Corporation 711 N. Carancahua, Suite 1620 Corpus Christi, Texas 78401-0572 PROJECT NO: E09019 DRAWING N0: WTR-406 Cayo del Oso Water Line Replacement Project No. E09019 Table of Contents NOTICE TO BIDDERS {Revised ~/5/OO) NOTICE TO CONTRACTORS - A {Revised Dec. 2044) Insurance Requirements NOTICE TO CONTRACTORS - 8 {Revised ~/s/ao) Worker's Compensation Coverage For Building or Construction. Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Ttems to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages - A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda. A•-10 Wage Rates {Revised 7/5/00) A-11 Cooperation with Public Agencies {Revised 7/5/00) A-1.2 Maintenance of Services A•~13 Area Access and Traffic Control A-14 Construction Equipment Spillage and 'Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials NoT vs$D A-1$ Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification ~i-~~ Pr~~ee~s NOT USED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98} A--~3 T _~r < <'' _ f" ~ ~ 1'== ~'_' NOT USLRD A-24 Surety Bonds ~i~5 -- ~'' °°. '"1" ".`~.°,,.'}'-°s ISO LONGER APPLICABL$ (6/1./98) .-- A-26 Supplemental Insurance Requirements A-28 Considerations for Contract Award a.nd 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 Wark A-34 Precedence of Contract Documents (NOT USED) A-36 Other Submittals (Revised 9/1$/00) ~' {NOT USED} A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section 8-8-6: Partial Estimates Z~ 41 9eeness~NOT USED A-42 OSHA Rules & Regulations City of Corpus Christi Page i of ii Revised: 05/17/2010 A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Ordexs (4/26/99) A-4.5 As-Built Dimensions and Drawings {x/5/00) A-~6 Disposal of Highly Chlorinated Water (7/5/00} ~~'Z- -~-Y-fl-~-'_fliiM~Y4}f?~ ~~L+.....1 .. .. i-.. Y.+. .. ~-~ 7n /r /nn1 A-48 Overhead Electrical Wires {7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00} A-50 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 022020 EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS (S-9} p22420 SILT FENCE (5-97) 026201. WATER LINE RISER ASSEMBLIES (5-79} 026202 HYDROSTATIC TESTING OF PRESSURE SYSTEM (5-89} 026206 DUCTILE IRON PIPE AND FITTINGS (5-81} 02621D POLYVINYL CHLORIDE PIPE (5-83) 026402 WATERLINES (5-88) PART T - TECHNICAL SPECIFICATIONS 022021 CONTROL OF GROUNDWATER 022022 TRENCH SAFETY FOR EXCAVATIONS 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 026213 HORIZONTAL DIRECTIONAL DRILLING - FUSIBLE PVC 028020 RESTORATION AND SEEDING LIST OF DRAWINGS SHEET 1 OVER SHEET SHEET 2 GENERAL NOTES SHEET 3 PLAN AND PROFILE SHEET 4 WEST PIT DETAILS SHEET 5 EAST PIT DETAILS SHEET 6 EXISTING MANIFOLD DETAILS SHEET 7 CONNECTION DETAILS SHEET 8 EROSION CONTROL DETAILS SHEET 9 TRAFFIC CONTROL DETAILS 1 OF' 2 SHEET 10 TRAFFIC CONTROL DETAILS 2 OF 2 GEOTECHNICAL INVESTIGATION STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND City of Corpus Christi Page ii of ia. - Revised: 05/17/2010 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the, City of Corpus Christi, Texas for: Cayo del Oso HDD Water Line Replacement consists of installation by horizontal directional drilling of approximately 1,280 LF of 16" fusible PVC potable water line, in accordance with the plans, specifications and contract documents; will be received at the office of .the City Secretary until 2:00 .m, on June 2, 2010, and then publicly opened and read. Any bid receive of er c ossng time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, Ma 26, 2010 and will be conducted by the City. T~'ie location o~"`~ e~ing w"~I be the Department of Engineering Services Main Conference Room, Third. Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which-will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond ta.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 Fift and rso/100 Dollars ($50.00) as a guarantee of their return zn goo con.itzon within two weds of bid date. Documents can be obtained by mail upon receipt of an additional ($x:0.00} 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 CORPL7S CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa -City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A -INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of insurance indicating proof of coverage in the fo1.l.owing amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial Genera] Liability including: $2,440,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products) Completed Operations b. Hazard 7. Contractuallnsurance 8. Broad Form Property Damage 9. Independent Contractors 10. 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 $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ^ REQUIRED Not limited to sudden & accidental discharge; to include 0 NOT RE long-tern environmental impact for the disposal of QUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance . Requirements ^ REQUIRED D NOT REQUIRED INSTALLATION FLOATER See.Section B-6-1 l and Supplemental Insurance Requirements ^ REQUIRED _ ~ NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on alI coverages except worker's compensation liability coverage. OThe Warne of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurance coverage, the Contractor sha11 obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (3Q) 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-6-1 I or Speeia! 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 T4 CUNTRACTORS -.B ~ ~ - WORKER' S CQMPENSATIQN INSiTRANCE ~REQUIREN.~ENTS . - Page I o~ I I Texas Admin~.strat~.ve Code TITLE 28 INSURANCE PART 2 ~ TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' CQMPENSATIOIV CHAPTER 1! 10 REQUIRED NOTICES OF COVERAGE . SUBCHAPTER B EMPLOYER NOTICES RULE,§110110 Reporting Requirements for Building or Construction Projects far Governmental Entities (a) The following words and terms, when used in this rule, shall have the fallowing meanings; unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defned in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of irsurance, a certificate of authority to self-insure issued by the caznmission, or ~a workers' compensation coverage agreement {TWCC-$1, 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) B~uiiding orconstruction--Has the meaning defined in the Texas Labor Code, (3} Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401:011(44). {5) Coverage agreement--A written agreement on form TWCC-81,~ form TWCC-82, form TWCC-83, or form TWCC-84, f led with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employerlexaaployee 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 frorn the beginning of work on the project until the work on.~the project has been completed and accepted by the governmental entity. ('n~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, ernplogees of any such entity, or erployees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, of delivering equiprrient or materials, or providing Iabor, transportation, or other service related to a project. "Services" does not include activities unrelated to~the project, such as foodlbeverage vendors, office supply deliveries, and delivery ofportable.toilets. (8}•Project--Includes the provision of all services related to a building or construction contract for a governmental entity. . {b} Providing or causing to be provided a certificate .of coverage pursuant to this rule is a representation by the insured that all ~etnployees of the insured who are providinng 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 cotntxzission's Division, of SeII=Insurance Regulation. Providing false of misIeading.certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materiall~ affects the provision of coverage may subject the contractor or other person providing services an the project to administrative penalties, criminal penalties, civil penalties, or o#her civil actions. (c) A governmental eintity 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} ofthis 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; (~} obtain from the contractor a new .certificate of coverage showing extension of coverage: (A) before the end ofthe current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration,of the project; and (B) .na 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 fife for the duration of the project and far three years thereafter; (6} provide a copy of the certificates of coverage to the commission upon request and to any person entitled to therm by law; and . (7) use the language contained in the following Figure 1 far bid specifications and contracts, ' without any additional words or changes, except those required to accommodate the specific document 'tn which they are contained or to impose stricter standards of documentation: ttached ' Graphic ~ . Page 3 of 11 (d) A contractor skull: (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 ding of any coverage agreements; {2) provide a certificate of coverage showing workers' connpensation 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 certif sate of coverage showing extension of coverage, if the coverage period shown on the con#ractor'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 drat 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 caverage on fle 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 skating how a.~erson may verify current coverage and report failure to provide coverage. This notice does not satisfy other pasting 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 l9 paint normal type, and shall be in.both English and Spanish and any other language corrrrnion to. the worker population. The text for the notices snail be. the following text provided by the commission ~on the sample notice, vrithout any additional words or changes: Attached'Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A} provide caverage based.on proper reporting ~of classification codes. and payroll amounts and filing of any coverage agreements for ai! of its employees providing services on the project, for the duration ofthe project; (B} provide a certificate of covsrage~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'erid ot`the coverage.period, anew certifcate of coverage showing extension of coverage, if the coverage period shown on the current certifz~ate 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; {)*) retain all required certificates of coverage an 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 a#ter 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 aproject, for the duration of the project based on proper reporting of classification codes and payroll amounts and f ling of any coverage agreements; (2} provide a certificate of coverage as~required by its contract to provide services on the project, prior to beginning work-on the project; ' {3} have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided~a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' caFnpensation 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-Insurance Aegulafivn.~Providing false or misleading information may subject the contractor to administrative penalties, crirninal~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 sett+ices on a project under contract to it, and provide as . required by its contract:. {A) a eertif sate of coverage, prior to the other person beginning work on the project; and {l3) 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 certif cote of coverage ends during the duration ofthe project; Page 5 of i 1 (6) retain all required certilcates of coverage on f le for the duration of the project and for one year thereafter; {7} notify the governmental entity in writing by certified mail ar 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 f ling of any coverage agreements for all of its employees providing services on the project, for the duration ofthe 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 .af coverage showing extension of the coverage period, if the coverage period shown on the current certif cafe of coverage ends during the duration of the project; {E} obtain from each.ather person under contract to it to provide services on the project, and provide as required by its contract: {i} a certificate of coverage, prior to the other person beginning work on the project; and ,_ {ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period,. if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew ar 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 wham 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 pers~sn for whom; they are providing services. (~ if any provision of this rule or its application tp any person or circumstance is held invalid, the invalidity does not affect other provisions or applications'ofdais 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 Tale 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 aver September 1, 1994, which are not required.by. law to be advertises for bid. Page b of 1 I (h} The coverage requirement in this rule does not apply to motor carriers who are required pursuant to .Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes; Article G675c, §4{~}. (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, §406A97(a) (as added by House Biil 1089, 74th Legislature, 1995, §1.20}. This subsection applies only to sole proprietors, partners, and corporate.executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed an or after January 1, 1996. ,Source Note: The provisions of this § ] 1x.110 adopted to be effective Septerriber 1, 1944, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 Tzss i i o.l z o{a}~~} "REQUIRED YYORKERS'COMPENSATIONCOVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or.providing labor or transportation or -other service related to fhe project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3759 to receive information on the legal requirement for coverage, to verb whether your employeY has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 1 l T28S I I Q.I I 0(c){7) .Article .Workers' Compensation Insurance Coverage. A. Definitions: Certifrcate of coverage ("certificate `)- A copy of a certificate of insurance, a certificate of authority toself-insure issued by the commission, or a coverage agreement (I'~YCC-81, TWCC- 82, TT31CC-$3, or TWCC-$4J showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services an 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 contrcrctor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subepntractor" in ,¢406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless. of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, ar employees of any entity which furnishes persons to provide services on the .project. "Services" include, without l imitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coveragE, based an proper reporting of classifrcation codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) far till employees of the contractor providing services on the project, for the duration of the project. G The Contractor must.provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown o>z 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 frle a new certificate of coverage with the governmental entity showing that coverage has been. extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: {I) a certificate of coverage, prior to #hat person beginning tivork on the project, so the governmental entity will have on ftle certiftcates of coverage showing coverage for all perso~rrs providing services on the project; and ~ • (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shawiz on the current certifrcate of coverage ends during the duration of the project. . Page 9 of I I F. The contractor sliirll retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The. contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and inanrrer 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. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas .Labor Code, Section 901.011 {94) far all of its employees providing services on the project, for the .duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; . (3) provide the contractor, prior to the end of the coverage period, anew 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,- (9) obtain from each other person with whom it contracts, and provide fo the contractor: (a) a certificate of coverage, prior to, the other person beginning work on the project; and {b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) not fy the governmental etztiiy in writing by certified mail or personal delivery, within f 0 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) contractutlly require each person with whom it contracts, to perform as'required by paragraphs (1) - (7), with the certificates of coverage ro be provided to the person for wham they are providing services.- J. By signing this contract yr providing or causing to be provided a certificate of coverage, the contractor is representing to -the governmental rentity that alI employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be Based on proper reporting of classification codes and payrol! amounts, and that all coverage agreements will be fried with the appropriate insurance carrier or, ~ in the case of aself-insured, with the commission's Division of Self- Page i 0 of l 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or ocher civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 0~ 1.~ PART A SPECIAL PROVISIONS CAY DSL OSO WATER LING FtSPLAC8M8NT PR0J8CT N0, 809019 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-aad Meetia~ Sealed proposals will be received in conformity with the official acivertisernent inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, x.201 Leopard Street, until 2s00 .m., vvednesda .7uae2, 2010. Proposals mailed should be addressed in the following manner: ^~'-•= ~ ^^•~•^••^-^'~°' ~~-' City Secretary's Office _.~~1 ______~_1 :~ ______ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: 82D PROPOSAL - Cayo del Oso Water Line Replacement Project No. 809019 Aav nronosals not AhYSica11Y in possession of the City Secretary's Office at the time aad date of bid oraeuizia will be deemed late and nonresponsive. Late proposals wall be returned unopened to the proposer. The proposer is__solely responsible for delive to the City Secretary's Office. Delivery of ang proposal, by~-the proposer, their agent/representative, 17.5. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in passesai.oa of the Cit 5ecreta 's Office rior to the date aad time of bid o enin A pre-bid meeting will be held- on Wednesday, May 26, 2010 beginning at 10:00 AM. The meeting will convene at the Engineering Services- Main Conference Room, Third Floor, City Hall, x.201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. Tf requested, a site visit will follow. ATo additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section T3-1 of the General Provisions will govern. A-3 nescription of Project The project consists of installation by hari~ontal directional drilling of approximately 1.,280 LF of 16" fusible PVC potable water line, in accordance with the plans, specifications and contract documents; A-4 Method of Award The bids will be evaluated based an the Total Base Sid. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Pro oral The following items are required to be submitted with tkie proposal: Section A. - sP cxeviaaa ~a/as/o4) Page ]. of 22 ].. 5~ Bid Bond {Must reference: Ca o del Oso Water I, ,, _- - _ - y _ ~~._zae Replacement Project No. L09019 as identified in the Proposal) (A Cashier's Check, certified, check, money order or bask draft from any State or Nata.oaal Hank vri11 also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee {"City Engineer"} to proceed. Far each calendar day that any work remains incomplete after the time specified in the Contract far completion of the work or after such time period as extended pursuant to other provisions of this Contract, $140 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are net 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-T 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 net permit subcontractors or ethers to work an 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 Pro asals Proposals faxed directly to the City- will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledament of Addenda The Contractor shall acknowledge receipt of all addenda. received in the appropriate space provided in tine proposal.. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A _ $P _ __- (Revised 12/Z5/04} Page 2 of 22 A-10___Wage Rates {Revised 7/5/00) Labor preference and wage rates far HEAVY CONSTRIICTION. I-n es~s3~6f ee~r€li:e~, Ee~~'-aeta~' eh~ll--=ale hig~~~'Gr~~e . Mi.zainn~n Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing mis3iimun hourly wage rates for Nueces Crnmty, Texas as set out in Part C. The Contractor and arty subcontractor must not pay Less tktan the specified wage rates to all laborers, workmen, and mecharlacs employed by them in the execut].on of the Contract. The Contractor Ox' subcontractor shall forfeit sixty dollars ($60.00} per calendar day, or portion thereof, for each laborer, workman, or mechanic employed., if such person is paid less than the specified rates for the classification of work performed. The Contractor and .each subcontractor must keep are accurate record showing the names and classifications of all laborers, workmen, grid mechanics employed by them in cormecti.on with the P~ject arfd shr.~nr~a~g tYie actual wages paid to each worker. The Contractor wi11 malls bi-weekly certified payroll submittals to the City E.hgineer. Ths Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project . 'These documents will also be sul~nitted to the City Engineer bi--week7.y. (See section for rti.r~rity/Mir~rity Business F~itexprise Participation Fblicy for additional requirements concea~ning the proper foam and content of the payroll submittals.) Ons and one-half (1'~a) 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 8-1-1, Definition of Ternls, and Se~tion.B-7-6, Working Hours.) A-1~. CoaQeratic~ with Public Agencies {Revised 7/5/40) The Contractor shall cooperate with all public and private agencies with facilities operating within. the limits of the Project. The Contractor shall .pravi.de a forty-eight {48) hour notice to any applicable agency wren work is anticipated to proceed in the vicinity of any facility by using the DTG TEES 1-800-344-8377, the Lone Star Notification Company at 1-800- 669-8344, acid the Verizczi Dig Alert at 1-800-483-6279., For the Contractor's convenience, the following. telephone rnmibers are listed. City Engineer Project F'nJrinaar~ i]R5 COrporat101'1 Traffic Wiring 1:blice Department Water DepartmPxit Wastewater 11?pa~rl-mant Gas 7epartment Storm Water Department Parks & Recreation Department Streets & Solid Waste Services ,Al3P S B C City Street Div. for Traffic Signal/Fiber Optic Locate Cablevi.sion ACST (Fiber Optic) KMC (Fiber Optic) CtwiceCom (Fiber Optic) CF,PFLOCIC (Fiber Optic} Bs.Fiber Optic (MAN} a26-3s0a 884-7140 826-3540 882-1911 826-1$80 (826-3140 after hours) 826-1818 (826-3140 after hours) 885-6900 (885-6900 after hours) 826-1881 (826-3].40 after hours) 826-3461 826-1970 299-4$33 (693-9444 after hours} $81-2511 (1-800-824-4424,after hours) 826-1946 626-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624) 813-1124 {pager 888-204-1679) $81-5767 {pager 850-2981) 512/935-0958 {Mobile) 972-753-4355 3ectio~ A - 3P (Re'vised 12/15/04] Page 3 of 22 A-12 Maiateaaace 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 oat guaranteed. lt~ 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. Tf 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. ~n the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid, contacts the streets ar ground surface. 2t 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 cad Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact an the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit .from the City's Traffic Engineering Department. . A-~.4 Coastructioa Equipment Spillage cad Trackiag The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/ar mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Section A - SP (Reviee8 12/15/b4} Page 4 oP 22 Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or.adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. . All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-1b Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property, of the Contractor and must be removed from the site by the Contractor.- The cost of all hauling is considered subsidiary; therefore, 'no direct payment will be made to Contractor. A-17 Fie1,d Offa.ce NOT USED A-18 Schedule and Sequence of Constructioa The Contractor shall submit to the City Engineer a work plan based only on calendar days. This -plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3} days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate- stages and other .logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for-all submittals. Section A - 3P (Revised 12/15/04) Page 5 of 22 4. Re-Submission: Revise and resubmit as required by the City Engineer. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-1.9 Coristructa.oza, Project Layout and Cautro]. The drawings may depict taut not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. lf, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points. can be established by the City or Consultant Project Engineer as necessary, at no cast to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or .Consultant Project Engineer at the expense of the Contractor. Tf, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor skull obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, .the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings.. The Contractor shall tie in or reference all valves and manholes, both exista.ng and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2} personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of. 'Texas retained-and paid by the Contractor. The-Third Party R.P.~,.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: •-?~11-e~rb-~=e~~~n~s~~ei~r~--e€ ta~gene~~ei~ e€ eir~en~r€erenee. • A~~ ~x~rT~~rtr~ ele ti ~ ~ ~ l va e s~ ma e e ; , , e; ~ n}ere.,... r~ .,,..c, .. Water: A11 top of valves box; valves vaults rim; Casing elevations (top of pipe and flow line) (TXDOT and RR permits}. Section A - SP (Revised 12/15/D4) Page 6 of 22 Al= z:~~r=~;r-erg e~eve•~.iee~ -at-mael•es; ..~ •~ All ~~~w..a,.~ ~ r , ; ..~.~, ,. --Ca•e•i~g~l~e~r~•re~Ft~g-ef~i .~..._...., . A-20 Testiag aac~ 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 aver after corrective measures have been taken, and the cost of retesting will be borne by-the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 8rojeCt Signs NO'T IIS$D A-22 Miaorit /Miaorit Busiaese Sate rise Partiei atioa Po1ic {Revised 3.0/98) 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, x.989, and any amendments thereto. In accordance with such policy, the City has established goals, as" Stated herein, both far 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 persons?. Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin,' American Indians, Alaskaia I3atives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person{s1 must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Section A - SP (RevfBed 12/y5/04) Page 7 0£ 22 1. owned {a) Far a sole proprietorship to be deemed a minority business enterprise, it must be awned by a minority person. {b) .For an enterprise doing business as a partnership, at least 51.4 of the assets or interest in the partnership property must be owned by one or more minority person (s}. {c) For an enterprise doing business as a corporation, at least 51.0$ of the assets or interest in tb.e corporate shares must .be owned by one or more minority person(s}. 2. Controlled The primary power, direct ar indirect, to manage a business enterprise rests with a minority persons}. 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement,, and subcontract payments, and .any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Ente rise: 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 51.4°a of whose assets or interests in the corporate shares are owned by one or more women. f. ~Toint Venture: A faint 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. Far 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'a interest, ,shall be deemed equivalent to having minority participation in 25.O~S of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP il2evieea yzI15/o4) Page 8 0£ 22 Minority Participatioa Miaority Susiuess Enterprise (Perceat) 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 sha11 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 Qroject, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved, The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required, A.-29 ZuspeCtiOn RequYred (Revised 7/5/00)(NOT USER) i~ i i d ~ ee~ia t ~~i a ~ i~s rf after tie-buildi~s~ mr~ s rega >_e ~3 e~sss~t7ee a n : p A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to der business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (1D%) 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 band amount that exceeds ten percent (10~a} 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 (l0%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Berard of Insurance as 'of the date of the last annual Section 1~ - SP (Revised 12/7.5/04) Page 9 of 22 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 band 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 far any liability in excess of $100,000 from a reinsurer that is certified by the United states Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal itegister as holding certificates of authority on the date the bond was issued." A-25 Sales Tax 8xemptioa (~iOT IISED} ~~~ €-Sales ~ i f ~€ t i h i ~ i d t -- e i e~~ TTg y_T~xe s~ le ae , ~ er e~Eemp - entis s r e n.e -q~ta C e , ; = , , of ll f~~l~ A nnt l t ~ b ~ C ~ ~1'exae er e .e cee e Q~ ee ~ ~- emp r~ ~aKemu : I ~ineer~er~~e~.isrte-~e 3. ~+r~~i~reeale ,.~, r ~-eat . ~ „..}e~ ~... r, ; pr~peeal ~l~ .,~ -~ ~.,..: ,, .. se~tee~~ale-ee r~ i f i eate ~... ,, .:.. ,~, ; _ . A-26 Supplemental Iasuraace_Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - $P (Re,riaed 12/15/04) Page 10 of 22 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.p. 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 an the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Warker~s Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section 5-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys fees, for or on account of any injury to any person, or any death at any time resulting from such injury,.or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract., The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault o£ the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility fox Damage Claims NO'F' USED ins~tra~e ee~er~}e, ine•1•udrng-an~dpdnetible-'~~a-.~.-g•3t•~m~tst be-ed section A _ sP (Revised 12/15/04) Page 11 0~ 22 A-28 Considerations for Contract Award and Execution Ta allow the City Engineer to determine that-,the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two {2) years. The bidder shall specify the name and address of the claimant, the amount- of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared.no later than ninety (90) days prior to the City Engineer's request, signed and dated. by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. 'I`he Superintendent must have at least five {5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state- wage rate requirements, and City contract close-nut procedures. The superintendent shall be present, nn 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 anti 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 waiting prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a grerequisxte to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term- of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in, its field administration staff for this Project during .the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section 8-7-13. Section A - SP (Revised 12/15/04? Page 12 of 22 A-30 Amended "Considerata,oa 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 Gity Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. .'The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE 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 net 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 perforn~ 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 al 1. 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 8-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. Section A - SP (Revisefl 12/15/04) Page 13 of 22 14. Withia five (5) days fo].lawiag-bid opening, submit is letter farm, iaforaiatioa identifying type of eatity and state, i.e., Texas (or other state) Gorporatioa or Partnership, sad name{a) sad Title(s) of individual{s) authorised to execute caatracts oa behalf of said eatity. A-31_ ,Funended Policy on Extra Work and Change Orders Under "General Provisions and ReC1uirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no abligatian 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 aclalowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Ewecixtion of Caatract" R~,;rements Under "General Provisions and Requirements for Municipal Construction Contracts" 5-3-5 ~ecution of Contract add the fallowing: 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 Gantractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Sid Meeting referred to in Special Provision A-].. 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 Genera]. Provisions will be given last precedence. In the event of a can.flict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, .Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications;' and General Provisions, in that order. A-35 City Water Facilities: Special-Requirements (NOT USED) r , Section A - 3P (Itavised 12/15/Q4? Page 14 of 22 ~c-•~~~~~e~sea~e~~ €e~ ~~esc-~e~sra~re-e-f3.e ~~mrvt. e;re~i--~-ea~-~; ~3 ~ ~i~i ~~ ie~~ t~see~ ~~- e e~ ~~e ~~ ai~ =~,~, ,-- . ---~ e a ~ - ~ ; -=--- - -1 - c~~....a.,.,.a c..,e,.. ; .r, ....~:.. s , r r ~'-~e n,,. f~ ~ ~ i ~ ~1 t~ ~~ s~ ~ ~ ~ ~e~~-a~ ia~e~ i~ ... ~. _ ~ ~ „Y ,~ • • e . evF g t~ aa - • ~--~ ~'. ~ea~~-a~~e~-Lg~~se~ ~s~ vae~~ ee~a~ee~ ~.~fa~~ e~r~~•~~~~s -~ ., Section A - SP (Rerriaed 12/15/tl4} Page 15 of 22 ~~:~~-~~~~~o~e~---~e~ia~ee t ~~~3ee~a~ ~eeig~a~•e~.~~-•e~i:~~e; - ems ~~r-~ar•F~-r- ma~ ~n7~~}•i~~c~i- ~7-i f, r~r~- -~r~ahn; ~. -,7 .•,a .,~ L e~a~ e•s s > e~ee~~e~e ~ ~ ~ > } r ~~~ i g ~ ~ ~~~ ~~ ~ ~ ~~ ~~gi AOzsi~A e~~~; I ! 1 ~~xee e ;.~; .,..; •~ die-is ~e ~r ~~a~~ e x~ r~ ~ i ti t - - s r =' = . g - a~~e~ ie~~.•~ w ~ ~e-~~s•-•- em€ -s a~e~ ~e~ ~ ~ ~ex~-~~~ a~~ da~~ ~- ~ .~ ee ~ ee~~~ e~ e- - ~•~ese•-,-•-~~•e€e~s~~~--a$ a~g~ ~ewe-~e~' ~-- € t ~I i -~ === ~e~ te- i ~_ ~~ ~e .w~ . g e==~ ee~t~~e~ ate }~~ we~ ao ~'e~ ems. s~e e~tts-e ea~a~e: e ~~e~ .-i~. - ~~~e ~e~~~a~e~ e s- ~e, r.~ ~~ ~e , as~ 1 nF_+i^f~rm t=1~~r ~~;rc~ri ~ra~n~-~r _~ r.~r~ k~tr •F'h~, gS,~~ f= .. F-• ...s ., ~,..,...~..~..r. ee~g~e~e~-a ~e<~•-i~tg~e~ eof~wa~e~~• -ma e~~~ e~ ~~€~e~~~ ~g ~~ie e~ €e~ ~ e~~-a ~~:•~~•~~~g ee~~se-~~ s~eei€is ee~t~te~~~ ~' ~ie-Ce•~~•~~ . ee~€~~~ F~•ls, i~ a~r.~ se~~•ee-€~e ~}~•i~ -ea}~~i F~---4-A-~ ~ ~ f t~ ~ ~ id ~ ~ Rr . es o ~ ~e•Te •e s e e r...a v. ., ~e~ ~ae~•i•e a~ a~~~- } nt i ~t ~ € t ~ ~~ ~ t ~ g~ee~~et e~ r ~ ~ oz o G~€e ! ewe e-F e~ ~a~x~€e:e~ re ~ -- ~ a- g ~e~ E: ~ ~~v~ a~e~. '~~ 9 ~d &t * W t . e- ~ ~ ie ~ . ~ •~~.a•~•~-•-~ri~~ -pe~ae•~ •~ ~~e-Ee~~=a ~ e~-~ ~~e~ e ,a -t~se~ ~s~~a~s-- ~ ~~ e . . - e~ e~e ~ e~ i•~ eaa~tt~~i~~ ~a•i~ie~ ~e~ 'tie ~xe~a-we~~ €$~ ~~~s~e~ ~~- ~ ~ , , a t ~ee• ~ ~sete~ ee•~. era -o~~ . ~'316G~c$ ~eq re~i~'e~; ~ ~~•og~~~t~aeg ~~~e~t e}~e e & -~ile ~ ~•k a ~te A~ ~~ ~~le$ c-~c-s-~~ie e-~i~3~ ~~re ree a _ ! .. w 36W--.~ ~~~e ~-~3~°Q~l~r~'FRfFF3~3~~&•9- e-~~fe 53~~~P~S -•~A $~#e-e3E'3 ~-~~e--C,'i~~~eg~~.~e•s ~e-3~e ~rrigi~ee~ ~vit~ ~3~ e~r~a~gse-~ _..... ~ieE~e~- .c,J.~°~:~}g--' -€i~~e a~e~ .__ aFic ~~-~-~F ~4~ g 3ect3on A - SP (Revised 12/15/04) Page 1s of 22 A-36 Other SubmittaXs 1. Shop Drawing Submittal: The .Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to tYse 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 T'orm attached at the end of this Section; and sequentially number each transmittal dorm. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, .the Subnontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products. required, field dimensions, adjacent construction work, and coordination of information, is all in accordancewith the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval,. and coordinate the submission, of related items. f. Marking: Contractor must .mark each copy to identify applicable products, models, options, and other data. Supplement manufacturersT standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made " since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and .instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Section A - SP (Revised 12/S5/04) Page 17 of 22 Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment wil_1_ not be approved far use on the project. . A-37 Amended "Arran aa:tent and Char a for Water Furnished the Cit " NOT IISEn A-38 Worker's Com ensation Covers a for 8uildin or Construction Pro'ects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Oocu aac and Final Aece tance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements, under General Provision B-8- 9. A-~k0 Amendment to Section 8-8-fi: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 8-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advieo NOT USSrU -e~e~e-ad~riser has~ee~ rse ed ~-€ ~ Ti Cit i E ~l ~ ~ ~xeep er repe• rs. e ~ee~ ~ ~ . Pem e~x~xted-~ tb e ~i~- ri ~ndi ~ d i ~ ~ p : t p se ea e~ n ~ A-42 OSHA Rules & Regulations It is the responsibility of the Contractors} to adhere to all applicable OSHA rules and regulations while performing. any and all City-.related projects and or jabs. Section A - SP (Revised 12/15/04) Page 18 of 22 A-43 Amended xademaificatiian & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, ar any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, ar 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 frnm 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 ar materialman. A-44 Chaage Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cast of materials and equipment; wage rates, etc.?. This breakdown information shall be submitted by contractor as a basis far the price of the change order. A-45 As-Built Dimeasioas cad Drawix~.gs (7/5/44) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical? of all facilities. (b1 U'pon 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: (].) Horizontal and vertical dimensions dui to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) 'N'ameplate" data on all installed equipment. (4? 17e1etions, additions, and changes to scope of work. (5) Any other changes made. A»~46 Disposal of Highly Ch~.oriaated water (7/5/00) The Contractor will ensure that highly chlorinated water is not improperly discharged to the environment, stormwater drainage or sanitary sewer systems. seceion A - sP (Revised 12/15/04) page 19 pE 22 ixi the wa€er~ar~ieularl~h3gh leer-els of ehlerine, v~311 be used-mar ~gen~ie~s-sash-a~'~`P3i~GG, ~r1~, eta . ~~ r~311 he--t~i~e-~e~tr~eter-Ls A-47. Pre-Construction_Ex~loratory S~ccavations (7/5/00} NOT VSSD .. 3 R~,~ ~~~etin~-~i~elines v~hieh~-~r~llel anc~---arm v~ithin ten €ee~~i~~--ef 3$9- €ee~t max}mum A . C . e•~eVFkt~~9~3ti9-f?~th~ ~.._. ;F _----~- ,.. ... ......~-----_ -r -~ r-r- e~Egler~te~---~e~Fea~a~ie~e-hee~~e-ice the#r e~i~e~~, ~33e =--_'_tc t`_'=--=~ regerte~te-t~~-i~seer a~r~€il Geer-ae-ter r$eei~cs £egireer re~es~ . A-48 Overhead Electrical Wires (7/5/00) Contractor shah. comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ens~zring that na damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some OVarhead 1.ineS are shown in the construction plans, while others are not. It sha11 be-the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maiuteuahae Guarant " (8/24/00} Under "General Provisions and Requirements for Municipal Construction Contracts", 8-8-11 Maintenance Guaranty, add the following: Section A - SP (Revised 12/15/09) Page 20 of 22 "The Contractors guarantee is .a separate, additional remedy available to bene€it the City o€ 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 o€ Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Pxosecutio~ and Pro~sess~ Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. Tf funds, for any reason, are not appropriated in any given year, the City may direct. suspension ar termination of the contract.. Tf 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 thxough a change order to the contract. Section A - sP (Revised 12/15/04) Page 21 of 22 SUBMITTAL.TRANSMITTAI, FORM PROJECT: Cayo deb Oso Water L~.ue Replaeemeat; PROJIICT No. 50901.9 OWNER: CITY OF Cf3FZpU5 CHRISTI SNGINTSR: URS Corporation CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NDMBSR: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/7.5/04) Page 22 of 22 A G R L E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ ...... .... ISIS AGREEMENT .~s entered z.nto this TS day of JUNE, 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 ~7habor®s Construction Cow, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $299,752.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CAYO DEL OSO 'G~"ATER LINE REPLACEMENT PROJECT NO.E09019 (TOTAL SASE SIDt $299,752.00) according to the. attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. I II III IV V ITJai QTY ~.t Descriptioa ~ ~~ Total 1 I LS l~lobilizatian/Bonds/insurance d, a 1 LS 31~FPPP complete in place ~aa .~ 3 h68 L$ Silt fence A 1 LS Te:aporary traffic controls Z~eo. ®~ ~ ~ ®~ • ~'~ 5 125 LF Trench safety ~~• ~~ ~ ~ ~ • ~ „~ 6 1280 i,p x6" t~uaibie C-905 PvC water line installed by HDD 1~ ~;. ~ 6 ~~~ ®®~ • ® ~ 7 1 L5 Surface restoration Connection to existing including 8 2 8A necessary bonds and/or sleeves ~q~~•~a ~ `~ ~~~ • ~~ 9 2 SA Plug existing sine ~I~~q •~~ ~ ~ • ~~ 10 1 LS Groundwater control ~ ~ • ®® f_Y ~ ~~ • ~ ~ °~ 11 250Q gy Soil stockpiling, seeding and surface restoration ~ • ~ ~`~ ~ • ~'~ TOTAL BASE SID: ~~ [Bid Ztema 1-11) iA tB~nats - Ductlla iron nine inJleu of Fwf6~~ ~~ dnetila iroa raatraiaed_joint 3Z 32$~ >EeF ~~ ~ ~ ~~ TOTAL ALTERNATE BID: ~ '~~ ^ • ~ ~~ 1 (Sid t4:ams 1-1Z ~ nus i. ne 63 Please indicate below the manufacturer, pressure class and bread name far the proposed DIP restrained joint piping system, i.e. us Pipe TR Flex. Class 300. Revised proposal Form Page 3 of fi ADaE~IOUM NO. t ATTACHMENIT NO. f The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set Earth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accardanee with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City ecretary CITY OF CORPUS TS T By: Juan Perale Jr.,P.E. Assistant C ty Manager Engineering/Development Services APPROVED A3 TO LEGAL FORM : ~ j - ~ S" -~ ° B `~'v~ c Y= Asst. City A orney ATTEST: (Tfn~Corporation) ~D (Seal Bel w) (Note: If Person signing far corpoxatioA zs spot President, attach copy of autharisatiosz to sign) ,~ By : ~=~ Pete Anaya, P.E. Director of Engineering Services ,_,; nso.; ... CONTRACTOR ~ ~ ~ s ~ ". Jhab s Canst~cti n Cq l,w~~° I "c !} .~ ~.~ ~ ~ ~~ By: ~%`~' Title ~~.~..~~.: l ~` ~ y~ ,~r ~"J,•jy~i~111 ~t g.o. sox 6oa$9 . ~~`'~~~ `''` (Address) CORPUS CSRISTI, TX 7$466 (City) (State) (ZIP) 361/$52-8858 *36~/852~-79`19 (Phone) (Fax) Q I ~~- ~ ~ ~,~urHnl~lzl'~ //~~ ~~' C©k~PICIL ...sl,~ ~~ ~ 0 ~~~~~~ P R O P O S A L F O R M F O R . Cayo del 4so Water Line Replacement Pro3ect No. E09019 DEPARTMI~NT OF ~TCiINSEBING SSRVICSB CITY OF CORP[IS CHRISTI. TEXAS ADDENDUM N0,1 ATTACHMENT N0.1 Revised [+sopasal Fa1~m Page 1 of 6 P R O P O S A L P3.ace Date : ~u Z Zo ~d Proposal of ~~tA.~2~ 5 on eT t~ _~- a Corporation organized and existing under the laws of the state of ~~?~P+'S OR a Partnership or Yndividual doing business as T0: The City of Corpus Christi, T®xas Gentiemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CAYO DSL OSO ~iAT$R LIMB RSPLACSMSNT PRO~CT NO. 809019 at the 3.ocations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Ad©ENDUM N0.1 ATTACHMENT NO.9 Revised proposal Form Page 2 0£ 6 I II III IV V =TJlf~ QTY 17Cnit Description ~ c~ Total 1 1 LS Ntobilizatian/Bonds/Insurance ~ ~gOO . ®d ~ ~ `~ ® • ~~ 2 1 GS gwPPP complete in place ®®C •~ 3 700 LF 3iit fence ~. Cab ~~ ~f~ • ~~ 4 1 LS Temporary traffic controls ~~ed, ao ~ ~ ~~ • ~~ S ].25 LF TrenCh safety 4~•®~ ~ ~ . ~ ~ b 1280. Lp iS° Fusible C-90~ PVC water line ineCailed by HDA ~~ ~. O9 ~~~, (~®®• ® ~ ~ 1 Ls Surfaee restoration y~ 8 2 ~ Connection to exiati>7g including necessary bends and/or sleeves ~~ ~~,~~ Q ~ ~~~ • ~ s 2 SA Plug existing line ~~~~,~® ~ ~ ` ~~ 10 1 LS ~ Groundwater control 6'~ ~~'~q,Q~ ~ ~ ~~ • ~~ 31 2500 gy Soil stockpiling, seeding and surface restoration ~~ ~ . ~ ~`~ ~ ~ TOTAL 1JAl3E B1D: ~°"~ ~ ~ ~ • tBid ZCema 1-i~) ~1ltefntats #7 - Duetilo iron ni~fs in lieu of E~1.4~~P i~ Yep duetiile iron -rl111>rs83~d_inint ~ 12gA ylr Wise. double P vranned. installed-_ by ~D. } ~'~ TOTAL ALTERNATE BID: ~ r. °~ ~~'~~' (Sid Yteme 1-12 ~9 ^+•^~ Line 6} Please indicake below the manufacturer, pressure class and brand name for the proposed DIP restrained joint piping system, i.e. vs Pipt TR F1ex, Class 304. ~~~, ~~ Revised Proposal Form AODENDUNlNO.1 Page 3 of 6 pTFACHMENT No. 1 The undersigned hereby declares that he has visited the_site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. U on notification of award of .contract, we will within ten {10) calendar days execute the formal contract and will deliver a Performance Bond tas required} for the faithful performance of this contract and a Payment Bond {as required) to insure payment for all labor and materials. The bid band attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Mi.aority/~iaority Busiaess 8aterpriee Participatioa: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating ~n the contract and a description of the work to be performed and its dollar value-for bid evaluation purpose. Number of Sigaed sets of Documents: The contract and a~.l bonds will be prepared in not less than four counterpart {original signed) sets. Time of Completioa: The undersigned agrees to complete the work within 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and appparatus, do all the work and furnish all materials and do everyth~.ng required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receigt of~the following addenda is acknowledged {addenda number) : i~-. Respectfully submitted: Name • 'SatAe~o S n ~o. By : ..,., ~ (SEAL - IF BIDDER IS CS A ] a Corporation) Address: ~~Fa~ __ {P~.o. Box} (street} e -t- ~ CCity] {State) Clip} Telephone : 3 6\ - ~~~- Q~Q,S ~ ti0T8s I3o not detach Hid from other papers. Fill in with ink and submit complete with attaches papers. {Revised Au9aaC 20001 ADDENDUM N0.1 ATTACHMENT N0.1 Revised Proposal Foxsn cage 4 of 6 P E R F O R M A N C E B O N D BOND N0. TXC84917 STATL OF TEXAS. KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Jhabor®s Construction Ca., Ina. of NUECES County, Texas, ~.,,. hereinafter called "Principal", and M~~cxAN~s BONDING COMPANY (MUTUAL} a corporation organized under the laws of the State of Iowa , and duly authorized to do business in .the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED NINETY--NINE THOUSAND, SEVEN__ HUNDRED FIFTY-TWO AND NO 100 299 752.00 DOLLARS lawful money of the Un,,..~..., ~~ / {~ ) ited States, to be paid in. Nueces County, Texas, far the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 29TH of JUNE , 2010 a copy of which is hereto attached and made a part hereof, for the construction of: CAYO DEL OSO WATER LINE REPLACEMENT PROJECT NO.E09019 (TOTAL BASE BID: $299,752.00} NOW, THEREFORE, if the principal shall faithfully perform said wank in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (Z) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety far value received hereby stipulates that no change, extension of time,. alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to wham any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 12TH day o f JULY , 2 0 l0 PRINCIPAL CONSTRLJ~CTION C~., INC. By: t~ ~ 1 rrYt Ct ti - f,~.f {pr~.nt Name & Title} ATTEST SURETY MEE2CHANT5 BONpING CDNIPANY (MUTUAL} BY : ,~~ ``I ~ ff - ~ L~ j' 4 Attorney-- -fact = ~- N3ARY ELLEN MOORS (Print Name} ~ r rJ -. The Resident 7 • i ~~ .~~...; },.. Agent of the Surety .ia Nueces Count Texa~;~` for delivery of natioe and service of process is: -~ . ~ ~~~, ,x .~, , ~ - ~, ~~~- -~~ ..a-_ .~ Agency: SWANTNER & CORDON INSURANCE AGENCY COntaCt Pe~'son: MARY ELLEN MDORE Address: p,o. BDX 870 CORPUS CHRISTI, 'T'EXAS 78403 Phone NL~ber: 361-883-1711 (NOTE: bate of Performance Bond must not be prior to date of contract}(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. TXC84917 STATL OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Jhabores Construction Co., Inc. of NUECES County, Texas, hereinafter called "Principal", and MERC$ANTS BbNDING. COMPANY N4U'i'UAL) , a corporation organized under the laws of the State of IowA , and duly authorized to do business in the State of Texas, hereinafter called '.'Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO HUNDRED NINETY-NINE _ THOUSAND, SEVEN HUNDRED _ FIFTY-TWO AND NO/100 ($299, 752 . oo} 170LLARS lawful mane y of the United States to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCB THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 29TH day JUNE , 2Q 10 a copy of which is hereto attached and made a part hereof, for the construction of: CAYO DEL OSO WATER LINE REPLACEMENT PROJECT NO.E090I9 {TOTAL SASE BID: $299,752.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This band is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes o£ the State of Texas. The terms "Claimant", "Labor" and "Material" as used- herein are- in accordance- with and as defined in 'said' Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19--1, Vernon's Texas Insurance Code. ~N W~TNE33 WHEREOF, this instrument is executed in 4 copies, each one o£ which shall be deemed an original, this the 12TH day of ,TULY 20 10 . PRINCIPAL ATTEST SURETY MERCHANTS,,. BONDING COMPANY(MUTL7AL) COi~PUS CHRISTI, TEXAS 78403 Phone Number: 361-883-1711 (NpTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/D8) Payment Bond Page 2 of 2