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HomeMy WebLinkAboutC2011-101 - 1/11/2011 - ApprovedRam -Bro Contracting S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S FIRE DEPT MAINTENANCE FACILITY RLl� C�o� £Wii'iy FOR F O R iltroW City of Corpus Christi DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 PROJECT NO:5244 IDRAWING NO: PEG 765 2011 -101 M2011 -011 01/11/11 NEW FIRE DEPT MAINTENANCE FACILITY LANDSCAPE IMPROVEMENT PROJECT No. 5244 (Revised 6 /27/99) Table of Contents NOTICE TO BIDDERS (Revised 10/21/98) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B 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 /Explanation of Bid Items A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Cigna (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Salta Tax Exemption (NO LONGER APPLICABLE). (6/11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claimo (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra. Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements (NOT USED) A -36 Other Submittals A 37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ccrtifi ate of Occupancy.and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Electronic Submittal of Bids A -52 Value Engineering A -53 Dust Control A -54 Dewatering and Disposal ATTACHMENTS 1 - Electronic Bid PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 021020 Section 021040 Section 022020 Section 022100 Section 025202 Section 025210 Section 025220 Section 025612 Section 025802 Section 027402 Section 028370 Section 030020 Section 032020 Section 037040 Section 038000 Section 055420 PART T - EXHIBITS Exhibit A Exhibit B PART W - DRAWINGS Site Clearing and Stripping Site Grading Excavation and packfill for Utilities and Sewers f Select Material Scarifying and Reshaping Base Course Lime Stabilization/ Flexible Base -- Chemically Stabilized Concrete Sidewalks and Driveways a / Temporary Traffic Controls During Cgiistruction Reinforced Concrete P,a�pe Culverts ✓ Barbed Wire Fences � / Portland Cement Concrete ✓ Reinforcing Stee3 Epoxy Compounds / Concrete Structures / Frames Gates Rings and Covers f Traffic Rated, Heavy Duty Grating (or equivalent). Recommended Oil /Water Separator (or equivalent). 1.) Title Sheet 2.) General Notes 3.) Demolition Plan 4.) New Concrete Plot & Fence 5.) Gate Details 6.) Garage Door Trench Details 7.) Concrete Details 8.) Driveway Details 9.) Driveway Details 2 10.) SWPPP 11.) Safety End Treatment Details APPENDIX A - GEOTECHNICAL INVESTIGATION Table of Contents Page 2 of 3 NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: New Fire Dept Maintenance Facility Landscape Improvement - Project No. 5244; consists of Construction of a new 8" thick 3000 -psi reinforced concrete parking lot and driveway with steel grating, 6'high barb -wire commercial grade fence for the City Facility located at 1503. Holly Drive. The scope will site preparation, grading, minor demolition of a section of an existing hot mix asphalt parking lot and miscellaneous drainage work and site restoration in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday December 1, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10 :00 a.m., Tuesday November 23, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 o£ 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in bath English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (S) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the . change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675; §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 . of 11 T28S110.110(c)(7) Article Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert f cate')- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS NEW FIRE DEPARTMENT MAINTAINENCE FACILITY LANDSCAPE IMPROVEMENT PROJECT NO. 5244 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, December 1, 2010. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: SID PROPOSAL - NEW FIRE DEPT MAINTENANCE FACILITY LANDSCAPE IMPROVEMENT PROJECT NO. 5244 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Tuesday, November 23, 2010 beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. The pre -bid meeting will be conducted by the City and will not include a site visit. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section S -1 of the General Provisions will govern. A -3 Description of Project New Fire Dept Maintenance Facility Landscape Improvement - Project No. 5244; consists of Construction of a new 8" thick 3000 -psi reinforced concrete parking lot and . driveway with steel grating, 6'high barb -wire commercial grade fence for the City Facility located at 1501 Holly Drive. The scope will site preparation, grading, minor demolition of a section of an existing hot mix asphalt parking lot and miscellaneous drainage work and site restoration in accordance with the plans, specifications and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 25 A -4 Method of Award The bids will be evaluated based on the following, subject to availability of funds: 1. Total Base Bid 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 Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference NEW FIRE DEPT MAINTENANCE FACILITY LANDSCAPE IMPROVEMENT; PROJECT NO. 5244, as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Documentation as required by Special Provision Paragraphs A -28, A -29 & A -30. A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 120 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, SIX HUNDRED DOLLARS ($600.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Section A - SP (Revised 12/15/04) Page 2 of 25 Contract, is in effect, for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as .non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy & Highway construction. In ace of canflist, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall Section A - SP (Revised 12/15/04) Page 3 of 25 provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 -669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C /At &T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 826 -3500 826 -3540 882 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1970 1- 877 - 373 -4058 881 -2511 (1 -800- 824- 4424,after hours) (826-1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 826 -3547 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground: The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (Revised 12 /15/04) Page 4 of 25 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control shall be as shown in the proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-I5 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 shown in the removal summary and paid for as shown in the proposal. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Field Office (NOT USED) The Contractor must furnish the City Engineer or his representative wit'- ~ fie d office at the construction s.-tc. The- field office must contain at lead 120 square fcct of us able space. The field office must be air conditioned and heated and must be furnished with as inclined table that measures at lest 3-0" x GO" and two (2) chairs. The Contractor shall move the field office on the site Section A - SP (Revised 12/15/04) Page 5 of 25 machine paid for by the Contractor_ There is no separate pay item for the Vfield A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be .submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $600.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days February 3 Days March 2 Days April 3 Days May June July August 4 Days 4 Days 3 Days 4 Days September October November December 7 Days 4 Days 3 Days 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): Section A - SP (Revised 12/15/04) Page 6 of 25 (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As -Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) If CDBC projcct, all fcdcral forms complcted and aubmittcd. (8) Final Acceptance Memorandum prepared by Administrative Assistant. (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (10) Administrative Asst. submits to director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. (12) Authorization for payment (AFP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) one (1) bench mark required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48. hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Section A - SP (Revised 12/15/04) Page 7 of 25 Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party or in house independent Registered Professional Land Survey or in house ( R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party or in house Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) ( TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after Corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) and install 2 n_ _ _c} signs as indicated on the following drawings (Att.chment 1). The signs must be installed before Section A - SP (Revised 12/15/04) Page 8 of 25 aigna will be dctcrmincd in the ficld by the City Enginccr. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed business enterprise, it must be owned by person. a minority a minority (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, enterprise, as the 51.0% or more of proprietor or stockholders, of the case may be, must be entitled to receive the total profits, bonuses, dividends, Section A - SP (Revised 12/15/04) Page 9 of 25 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. Section A - SP (Revised 12/15/04) Page 10 of 25 A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -5 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) Ccctien B 6 22, Tax Exemption PravisSoa, le deleted in its entirety and the following substituted in lieu thereof. Contracts for improvements to r al property awarded by the City of Corpus Contractor elects to operate under a separated contract as defined by Ccction 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as the Comptroller of Public Accounts of Texas. If the Contractor elects to operate under a separated contract, he shall. Section A - SP (Revised 12/15/04) Page 11 of 25 2. Identify in the appropriate cpace on the "-Statement of Materials and Other Chargco" in the proposal form the coat of matcrialo physically incorporated into the Project. proposal value of matcrialo. If the Contractor does not elect to operate under a separated contract, he must pay all lco, Excise, and Usc Taxes applicable to this Project. complies with the above requirements. The Contractor must issue a resale A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor copies thereof the date the documents. shall provide to the City Engineer the certified by the insurer, within thirty (30) calendar days after City Engineer requests that the Contractor sign the Contract signed endorsements, or Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at Section A - SP (Revised 12/15/04) Page 12 of 25 any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) Paragraph (a) Cencral Liability of Section B 6 11 of the Ccncral Provisions amended to include: is Contactor must provide Builder's Risk -or Installation Floater insurance coverage for the term of the Contract up to and including the date the City coverage must be an "All Rick" form. Contractor must pay all costs necessary to procure such Builder's Risk or Installation Floater insurance coverage, including any deductible, The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. Section A - SP (Revised 12/15/04) Page 13 of 25 The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, in similar work and be Foremen cannot act as the City. shall have at least five (5) years recent experience subordinate to the superintendent. superintendent without prior written approval from Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City 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 B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days follower the public opening and reading of the All bidders (See Special Provision A -5: Items to be Submitted with Proposal, No. 3), must submit to the City Engineer the following information, with its Proposal Form (Bid): 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component, of the work; 4.. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder .must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. Section a - SP (Revised 12/15/44) Page 14 of 25 The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractors Field Administration Staff. 9. Documentation as required by Cpccial Provision A 35 K, if appli able. 10. Within five. (5) days following bid opening, With Bid, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts° B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Section A - SP (Revised 12/15/04) Page 15 of 25 Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of 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) A. Visitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employee° must have on their person a valid card certifying their prior attendance at a Program will be offered by autheri-eed City Water Bepartment for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. C. D. Department. Protection of Water Quality ping quality to its customers at all times. The Contractor shall protect the quality of the waters the job cite and shall coordinate its work with the City Water Department to protect the quality of the water. Conformity with ANSI /NSF Standard 61 All materials-- and equipment used in the repair, reassembly, items, which could come into contact to American National Standards Foundation (ANSI /NSF) Standard 61 Specifications. with potable water, must conform Institute /National Sanitation as described in the Standard not be used unless they conform with ANSI /NSF Standard 61 and unless Section A - SP (Revised 12/15/04) Page 16 of 25 immediately prior to uoc. Thc Contractor shall provide thc Enginccr with copico of written proof �kll trash gcncratcd by thc. Contractor or hio employees, agcnto, or site. Blowing trash will not bc allowed. Thc Contractor shall kccp CONTRACTOR'S ON SITE DRErARZ TION telephones are not available for Contractor uoc-- I. Contractor must not uoc any City facility restrooma. Contractor must provide own sanitary facilitica. J. All Contractor vchicica must bc parkcd at dcaignatcd alto, as must be cicarly labeled with company namc. No private cmploycc perconncl must bc in company vchicica. During working hours, contractor cmploycca meet not leave the designated construction area axed work or act during emergency dircctcd by City Water evacuation. Dcpartmcnt perconnci - a K. Contractor Qualificcitiona SCZD11 (EUrEI VISORY CONTROL AND DATA ACQUISITION) Any work to thc computcr baocd monitoring and control oyotcm must be performed only by qualified technical and supervisory peraonncl, ao detcrmincd by meeting thc qualifications 1 thru 9 below. This work ine1gyp, but is not limited to, modificationo, additions, changes, selections, furnishing, inotalling, connccting, programming, hardwarc and /or speeIfIsatlens,.- The Contractor or his subcontractor proposing to perform thc CC?DT work must bc able to dcmonatratc thc following: aoftwarc apccificd or required by thcoc 1. He io regularly cngagcd in thc computcr baocd monitoring and contr-el syotcm lensIncon, preferably ao applied to thc municipal water and wastewater industry. 2. He has perfeemcd werk en systems of comparablc size, type, and complexity as rcquircd in thin Contract on at 1 at thrco prior Droiccta. Section A - SP (Revised 12/15/04) Page 17 of 25 3. He has been aetively engaged- in the type of werk specified herein for at least S y ar -s— 4. - - - perform the work required by this specifications. ojcct who have successfully eomplcted a- manufaeturer1s training ceuroc in configuring and i- eplcmcnting the specific computers, RTC?S's, and . software proposed for the.Contract. C. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Projcet site to maintain, 7. He shall furnish equipment which is the product of one manufacturer to the maximum practi al extent. Where this is not practical, all equipment of a given type will be the product of one manufacturer. 8. Prior performance at the O. N. Ctcvens Water Treatment Plant programs the new work for this Project. add these two systems to the existing -City SCAM system. which the City requires to be filled in and given to the City Engineer with all changes made dtring the pregramming phase, all of the required sheets. The Contractor will provide all L. Trenching Requirementa shall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall'submit seven (7) copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially' number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail 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 Section A - 5P (Revised 12/15/04) Page 18 of 25 accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 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. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3 Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) Under "Gcncral Provisiono and Requiremento for Municipal Conotruction thc following: "The Contractor mu °t comply with the City of Corpuo Christi'° Water Conservation and Drought Contingency Plan ao amended (thc "Plan "). Thio includes implementing water conservation m aourcc cotabliohed for changing condition°. The City Engineer will provide a copy of the Plan to Contractor at thc prc conotrUcten meeting. The Contractor will kccp a copy of thc Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'E"' are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance NOT USED The issuance of a. - certificate of occupancy fer improvemcnto does net eonstitutc final acceptance of thc improvement° under Cenral Provi °ion D 0 9. Section A - SP (Revised 12/15/04) Page 19 of 25 A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys; and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Section A - 5P (Revised 12/15/04) Page 20 of 25 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as T.C.E.Q., EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate and expose all existing pipelines of the project at tie -in locations, possible conflict areas, and crossings which pass within twenty (20)feet of proposed pipelines of the project. The Contractor shall survey the exact vertical and horizontal location of each existing pipeline tie -in /conflict and determine the pipeline diameter. For existing pipelines which parallel and are wi pipelines of the project, Contractor shall exc pipelines at a maximum of 300 -feet O.C., and accurate horizontal and vertical locations of maximum of 300 -feet O.C. thin ten (10) feet of proposed avate and expose said existing Contractor shall survey the said parallel pipelines at a Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as, the approximate station thereof, distance to the pavement centerline, elevations of the top of existing pipelines, and their diameters. Contractor shall perform no construction work on the project until 1) all exploratory excavations have been made in their entirety, 2) the results thereof reported to the Engineer, and 3) until Contractor receives Engineer's approval of the report. Exploratory excavations shall be paid for as indicated in the proposal. Exploratory excavations and Any pavement repair aeeeci-eted with empleatery excavations shall be considered subsidiary to the appropriate bid item. pew for accor4mg to the established price for pavement patching_ Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. Section A - SP (Revised 12/15/04) Page 21 of 25 A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended " Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Electronic Submittal of Bids The following paragraph modifies Paragraph B -2 -7 - Preparation of Proposal, of the General Provisions: The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS: 1 THRU 13 OF 13), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 AND 4 OF 7). If the Contractor chooses to submit a print- out, the print -out shall be accompanied by properly completed proposal pages 1, 2, 5, 6, and 7. A "sample" print out is shown in Attachment 1. In addition, the print out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from this print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be Section A - SP (Revised 12/15/04) Page 22 of 25 read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print- out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date)" A -52 Value Engineering The Contractor's attention is directed to paragraph B -4 -5 Value Engineering Incentive Procedures, of the General Provisions, which states: "After award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP'S) identify potential reductions in the contract cost by effective changes to the contract plans and specifications." Therefore, the. Contractor shall fully examine the plans, specifications and contract documents, as well as, the project location, construction phase schedule in Appendix C, traffic control plans, method of award, contract calendar days and liquidated damages, and all other major items involved in the scope of the project to judge for itself the circumstances and difficulties affecting the work to be performed and obtain all information required to make an intelligent proposal. The Contractor's attention is further directed to paragraph B -2 -3 Examination of Plans, Specifications and Site of the Work, of the General Provisions. In other words, the Contractor shall complete it's proposal to the best of it's ability, as currently provided. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A -54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water . that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Creek). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all Section A - SP (Revised 12/15/04) Page 23 of 25 testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre- treatment Coordinator at 826 -1817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level: Section A - SP (Revised 12/3.5/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: NEW FIRE DEPARTMENT MAINTAINENCE FACILITY LANDSCAPE IMPROVEMENT PROJECT No. 5244 DRAWING No. PBG 765 OWNER: CITY OF CORPUS CHRISTI ENGINEER: KEN KAPER, PE, CITY OF CORPUS CHRISTI CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL FENCE GATE (FED) GATE (VEHICLE) GRATES OIL/WATER SEPERATOR CONCRETE MIX DSG CONCRETE REINFORCEMENT PLAN SWPPP CONSTUCTION SCHEDULE SCHEDULE OF PRICING PERMIT (APPROVED) AS- BUILTS TRAFFIC CONTROL PLAN SITE UTILITY IDENTIFICATION AFTER DIG TESS Section A - SP (Revised 12/15/04) Page 25 of 25 A G R E E M E N T THE STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH day of JANUARY, 2011, 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 Ram -Bro Contracting, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $159,908.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: FIRE DEPT. MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY/ PARKING LOT PROJECT NO. 5244 (TOTAL BASE BID: $159,908.00) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harn1ess and defend the City of Corpus Christi in accordance with General Provision B -6 -Il and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT PROJECT NO. 5244 PART A -- SITE, CONCRETE, AND FENCE WORK PART A - SUB-TOTAL SITE, CONCRETE, AND FENCE WORK (ITEMS Al THRU A16)i $ '` ��_ r L REVISED PROPOSAL FORM PAGE 3 OF 7 Attachment No . 1 Page 3 of 7 II III IV v B D I�101 UNITS UNIT PRICE BID ITM DESCRIPTION IN FIGURES EXTENSXON pft..L 3 EA MOSOLIZATION /DEMOBILIZATION /SWPPP $ . ' ' $ (1.1 SE-7,) :' 4 .22-2 140 SY $ 3 ®. SAWCUT, REMOVE, & .DISPOSE OF EXISTING HMAC $-:.:),5-.0.) PARKING LOT (FULL DEPTH) Ps-3 75 Sy RESTORE (FILL & RE- SEED) AREA OF DEMO HMAC $ re $ G ff PARK LOT 2:34 1720 SY 43 C,400. SITE CLEARING AND GRADING $ $ X35 1640 SY LIME STABALIZE SUBGRADE & COMPACTION TO 95% $ --7, $ MODIFIED PROCTOR }� 2:=16 1640 SY NEW 3000 PSI CONCRETE DRIVE & PARKING.LOT, $ L415-.0° $ 7 b00,.7' COMPLETE IN PLACE / PO 8 SY NEW 3000 PSI CONCRETE SIDEWALK, COMPLETE IN $ ` l v $ Boo" PLACE "8 1 EA TRAFFIC CONTROL $ 1 000.`97 $ I, 000•'° i "9 819 LF NEW 6' COMMERCIAL GRADE FENCE WITH 3 STRAND $ $14 -ya,� i BARBED -WIRE, COMPLETE IN PLACE x10 405 LF REMOVE AND REPLACE EXISTING FENCE $ te` $ -7:0/') A11 1 EA NEW MANUAL ROLLING GATE, 20' $ D C,,a' $.: (ldOO, Al2 1 EA NEW 42" PEDESTRIAN GATE $ 50=, w---' ,00, A13 30 LF NEW 18" RCP DRIVEWAY CULVERT WITH END $ 3 cYYij•='o TREATMENT $ WYO." A14 250 SY ROADSIDE DITCH GRADING $ 9, c. $ )�)'a' .. A15 6 EA ROOF DRAIN GUTTER ADJUSTMENTS $ i7 • $ 1 .D i�.' J __A76 1 MANDATORY ALLOWANCE FOR MISC. ITEMS OF $20,000 $20,000 UNANTICIPATED WORK PART A - SUB-TOTAL SITE, CONCRETE, AND FENCE WORK (ITEMS Al THRU A16)i $ '` ��_ r L REVISED PROPOSAL FORM PAGE 3 OF 7 Attachment No . 1 Page 3 of 7 FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT PROJECT NO. 5244 BID SUMMARY PART A SUB-TOTAL SITE, CONCRETE, & FENCE (ITEMS Al THRU A16): TOTAL BASE BID: REVISED PROPOSAL FORM PAGE 4 OF 7 $ 1611, go3, Attachment No.1 Page 4 of 7 ATTEST City Secretary APPROVED AS TO LEGAL FORM: By: Asst. Sty Attorney (Not If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF ORPUS C ::7i STI Juan Perales,, Jr.,P.E. Assistant Ci'y Manager Engineering /Development Services BY: (./Pete Anaya, P.E. �� Director of Engineering Services CONTRACTOR Ram -Bro, ontract*ng, Inc. ,>///(--;" By: Title: 904 INDUSTRIAL AVENUE (Address) ROBSTOWN, TX 78380 (City) (State) (ZIP) 361/387 -2795 * 361/387 -8147 (Phone) (Fax) r ao f f- r I I AUTHORIZE �r —...(217/ . Page 3 of 3 Rev. Jun -2010 SECii€TARY PROPOSAL F O R M F O R FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT PROJECT NO. 5244 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED PROPOSAL FORM PAGE 1 OF 7 Attachment No . 1 Page 1 of 7 P R O P O S A L Place: COre,,kS LC >>v;4k Date : �- 1 Proposal of ANA- -beZD ervyt ''c,c , n5 , TL a Corporation organized and existing under the laws of the State of 1 6; OR. a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT. PROJECT NO. 5244 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: REVISED PROPOSAL FORM PAGE 2 OP '7 Attachment No. 1 Page 2 of 7 FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT PROJECT NO. 5244 PART A -- SITE, CONCRETE, AND FENCE WORK REVISED PROPOSAL FORM PAGE 3 OF 7 Attachment No. 1 Page 3 of 7 II III IV v sin I Ur'� QT 'EMITS DESCRIPTION IN UNIT PRICE FIGURES BID ITEM EXTENSION .rsl 3 EA SY MOBOLIZATION /DEMOBILIZATION /SWPPP SAWCUT, REMOVE, &•DISPOSE OF EXISTING HMAC PARKING LOT (FULL DEPTH) $ . &S�• $ ti SU , $ 0 r---- $ t5 A2 140 A3 75 SY RESTORE (FILL & RE- SEED) AREA OF DEMO HMAC PARK LOT $ {]� ,cam $ jn• 234 1720 SY SITE CLEARING AND GRADING $ $ .� i (.c,00 • , A5 1640 SY LIME STABALIZE SUBGRADE & COMPACTION TO 95% MODIFIED PROCTOR $ .-7,c4,5 1 $ 5� + i 154.6 1640 SY NEW 3000 PSI CONCRETE DRIVE & PARKING.LOT, COMPLETE IN PLACE $ 416-,0° $ 73 '600-'77 / A7 B SY NEW 3000 PSI CONCRETE SIDEWALK, COMPLETE IN PLACE $l ��`, u"° -$ Boa, A8 1 EA TRAFFIC CONTROL $ 11 OOO.' ' $ f1 OOO•°'' A9 819 LF NEW 6' COMMERCIAL GRADE FENCE WITH 3 STRAND BARBED -WIRE, COMPLETE IN PLACE $ ao $ �+ } A 10 405 LF REMOVE AND REPLACE EXISTING FENCE u $ LL ,9 $ 1i LeJi ) All 1 EA NEW MANUAL ROLLING GATE, 20' $ )1W)0.44' $ D.i_1;:00 47 Al2 1 EA NEW 42" PEDESTRIAN GATE $ 500,0- $ OA A13 30 LF NEW 18" RCP DRIVEWAY CULVERT WITH END TREATMENT 1�, $ 1�'n• max' $ / A14 250 SY ROADSIDE DITCH GRADING $,•,0 cc _ $3pm) A15 6 EA ROOF DRAIN GUTTER ADJUSTMENTS $ '300.00 $ 15 OO• A16 PART 1 A - EA SUB -TOTAL MANDATORY ALLOWANCE FOR MISC. ITEMS OF $20,000 $20,000 UNANTICIPATED WORK SITE, CONCRETE, AND FENCE WORE (ITEMS Al THRiJ A16)4 $ , f! PL REVISED PROPOSAL FORM PAGE 3 OF 7 Attachment No. 1 Page 3 of 7 ii j FIRE DEPT MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY /PARKING LOT PROJECT NO. 5244 BID SUMMARY PART A SUB -TOTAL SITE, CONCRETE, & FENCE (ITEMS Al THRU A16): TOTAL EASE BID: REVISED PROPOSAL FORM PAGE 4 OF 7 $ 161 go Attachment No.1 Page 4 of 7 The undersigned hereby declares that he has visited the site axed has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5t of the highest amount bid, is to become the property of the City of Corpus Christi in the event the . contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, with bid, within five dayo of receipt of b-ida, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 120 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): i (SEAL - IP BIDDER IS a Corporation) Respectfully submitted: Name: R 4.c.c rs By: �`�, (SIGNATURE) Address: ��� �.c. (P.O. Box} (Street) VO A' TX -ff510 • (City) (State) (Zip) Telephone: ?,iki- 3`&1 - `5 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) REVISED PROPOSAL FORM Attachment No . 1 PACE 5 OF 7 Page 5 of 7 STATE of TEXAS § COUNTY OF NUECES § PAYMENT BOND Bond No.: 5094757 KNOW ALL BY THESE PRESENTS: THAT Ram -Bro Contracting, Inc. of NUECES County, Texas, hereinafter called "Principal ", and SureTec Insurance Company , a corporation organized under the laws of the State of Texas , and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED FIFTY-NINE ' THOUSAND, NINE HUNDRED EIGHT AND NO / 100 ($159,908.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 11TH day JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: FIRE DEPT. MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY/ PARKING LOT PROJECT NO. 5244 (TOTAL BASE BID: $159,908.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27 day of January , 20 11 . PRINCIPAL (Print Name & Title) ATTE ittin n u4ur_ i 7ir`p. ° (Print Name & itle) SURETY SureTec Insurance Company By: Guavda> Attorney-in-fact Kerry Woods .(Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P. 0. Box 3280 Corms Christi. TX 78463 -3280 Phone Nmber : 361- 883 -3803 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E BOND Bond No.: 5094757 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Ram -Bro Contracting, Inc. of NUECES County, Texas, hereinafter called "Principal ", and SureTec Insurance Company , a corporation organized under the laws of the State of Texas and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE HUNDRED FIFTY -NINE THOUSAND, NINE HUNDRED EIGHT AND NO /100 ($159,908.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the , principal entered into a certain contract with the City of Corpus Christi, dated the 11TH of JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: FIRE DEPT. MAINTENANCE FACILITY NEW CONCRETE DRIVEWAY/ PARKING LOT PROJECT NO. 5244 (TOTAL BASE BID: $159,908.00) NOW, THEREFORE, if the °principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27 day of January , 2011 • PRINCIPAL RAM- BROiContractinq Inc. ter° By: �� /,,a1 (Print Name ATTEST 1 (Prim `% t( Title) fi ' 4JuQi1i t Name & Title) SURETY SureTec,lnsurance Company Attorney -in -fact Kerry Woods (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date Keetch & Associates Kevin Keetch P. 0. Box 3280 Corpus Christi, TX 78463 -3280 361 - 883 -3803 of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 Lv�s� L+CK 1 II IL►H I t ur LIHbILI I T OP ID AV I 01/17/11 THIS C rRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)', AUTH(iRIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP • RTANT: If the certificate holder is an ADDITIONAL IN URED, the policy(ies) must be endorsed. If SUBROGATION IS WAIV D, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Keetch & Associates Insurance P. O. Box 3280 Corpus Christi TX 78463 -3280 Phone : 361-883-3803 Fax:361- 883 -3894 INSURED RAM -BRO Contracting, Inc. I 904 Industrial Ave Robstown TX 78380 NAME: PHONE A/C, No, Exj: E-MAIL ADDRESS: PRODULck CUSTOMER ID #: FAX (Alt. No): RAMBR -1 INSURER(S)- AFFORDING COVERAGE NAIC INSURER A : Alterra Excess & Surplus INSURER B: Praetorian Specialty Ins. Co. INSURER C: Alterra Excess & Surplus INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF IN,IIf iANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIM_ ITS A GENERAL LIABILITY '�6/ COMMERCIAL GENERAL LIABILITY OCCUR Liab X X MAX2GL0001028 10/3140 `UAMAUE EACH OCCURRENCE $ 1 , 00 0 , 0 0 0 X 10/31/11 I KEN IEU PREMISES (Ea occurrence) $ 100 , 000 CLAIMS -MADE MED EXP (Any ane person) $ 5 , 00 0 X Contractual PERSONAL &ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE V $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JECT - 7 POLICY ° PRO LOC PRODUCTS - COMP /OP AGG $ 2 , 0 00 , 000 $ B AUTOMOBILE LIABILITY 7 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X PICHU0001270 10/31/10 10/31/11 ,/ 4T COMBINED SINGLE LIMIT % (Ea accident) $ 1, 000 , 0 0 0 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ C UMBRELLA LIAB EXCESS LIAB X OCCUR / CLAIMS -MADE MAX2GL0001028XL 10/31/10 10/31/11 Y / EACH OCCURRENCE $ g, 000, 000 $ 5j , 000 , 000 X AGGREGATE X DEDUCTIBLE RETENTION $ 10,000 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETORIPARTNERIEXECUTIVEJ � OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N ! A WC STATU- 0TH - ITORY LIMITS ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability has $5,000 Deductible BI & PD Per Occurrence. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Y Engineering Services Attn: Contract Administrator P 0 Box 9277 Corpus Christi TX 78469 -9277 ACORD 25 (2009!09) CICC --CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 986 -209 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RE: Fire Dept Maintenance facility, new concrete driveway /parking lot, Project No. 5244. Certificate holder is additional insured & waiver of subrogation is included on GL & AL where required by written contract. Excess policy follows form. PRODUCER Arthur .T - ;CERTIFICATE OF LIABILITY INSURANCE 1 -713- 623 -2330 Gallagher Risk Management Services, Inc. 1900 Weave- Loop South Suite 16 00 77027 Houston 1- ' 01/27/2011 DATE (MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Unique S tatf Leasing I, Ltd. 4646 Com-ona, Ste. 105 Corpus Christi, TX 78411 COVERAGES NAIC # INSURER A: ILLINOIS NATI, INS CO INSURER B: 23817 INSURER C: INSURER D: INSURER E: THE PDl-ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR •FDD'L 1 i.1.1. POLICY NUMBER DPOLICY it EFFECTIVE POLICY EXPI :ION LIMITS GENERAL f -- LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1 1 OCCUR ' EACH OCCURRENCE PR PREMISES S (RENTED fFa occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: + —1 POLICY I_ j VP- I �' j I LOC PRODUCTS - COMP/OP qGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ — BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE 1 AGGREGATE $ DEDUCTIBLE RETENTION $ . $ — $ $ A WORKERS AND EMPLOYERS ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER (Mandatory K yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY Y1N XWC4880420 03/01/10 03/01/11 .�1// WC STATU 0TH - X a- T R E.L. EACH ACCIDENT $ 1,000,060 EXCLUDED? in NH) I 1 under below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF Workers' Compensation Insured is Alternate Contracting Client Company Waiver of Subrogation Proiect #5244 OPERATIONS! LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT Cover indicated above is Excess of a CERTIFIED SELF INSURER in the State of Texas ( SPECIAL PROVISIONS $1,000,000 Self Insured Retention. and a member of the Certified Self Insurer Guaranty Assoc. is provided to only those employees leased to Ra Bro Rant contract in both the Self Insurance and Excess Layers. Driveway /Parkima_ Lot Employer:( Bro Contracting, Inc. Coverage Inc by Unique Staff Leasing , Effective Date: 8.7.02 is provided if required by written _Fire Dent Maintenance Facility New Concrete CERTIFICA CANCELLATION *Except • 10 Days for Non - Payment City of Corpus Christi Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE XPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 7-1,41;4%.0. az-3 / ACORD25 {2009/01) lisag 19509979 O 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute acontract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: MAX2GL0001028 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. 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 or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: MAX2GL0001028 I COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS his endorsement modifies insurance provided under the following: COMMERC IAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As Required by Written Contract Information required to complete this Schedule. if not shown above, will be shown in the Declarations. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 4 POLICY NUMBER: MAX2GL0001028 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 /THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— .COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT, EFFECTIVE ON 10/31/2010 AT 12:01 A.M. STANDARD TIME, FORMS APART OF POLICY NUMBER PICHU0001270 OF THE PRAET()RLAN INSURANCE COMPANY ISSUED TO RAM-E0110 CONTRACTING INC I IT IS UNDERSTOOD AND AGREED THAT THE FOLLOPANG ES ADDED AS AN ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THIS POLICY. THIS ENDORSEMENT APPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT, PRIOR TO THE OCCURRENCE OF ANY LOSSES. BLANKET AS REQUIRED BY WRITTEN COI TRACT $100.00 FULLY EARNED FLAT CHARGE ADDLINS -B 0600 V WAIVER OF SUBROGATION ENDORSEMENT THIS ENDORSEMENT, EFFECTIVE ON 10/31/2010 AT 12:01 A.M. STANDARD TIME, FORMS %1 A PART OF POLICY NUMBER PICHU0001270 OF THE PRAETORIAN INSURANCE d COMPANY ISSUED TO RAM -BRO CONTRACTING INC IT IS AGREED THAT THE COMPANY RECOGNIZES THE VALIDITY OF ANY WAIVER OF SUBROGATION WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH THE OPERATION OF ANY INSURED AUTOMOBILE, IF SUCH WAIVER WAS EXECUTED BY THE NAMED INSURED, AS REQUIRED BY WRITTEN CONTRACT, IN WIRITLNG PRIOR. TO THE OCCURRENCE OF ANY LOSS. / BLANKET AS REQUIRED BY WRITTEN CONTRACT $100.00 FULLY EARNED FLAT CHARGE WAIVER -B 0600 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREN LLy, POLICY CHANGES Policy. Chanje Number POLICY NUMBER .MAX26.140:00.10,28 POLICY CHANGES EFFECTIVE ,.ici3:ti COMPAN Y 14terra Excess & 01111A4s In&ox:-. e. 'Company NAMEO INSUREI). OtlitraidtiAq, •UTHORIZED REPRESENTATIVE, •COVERAGE:PARTS AFFECTEO ettiMga, GNEWAI. =MM. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT 30, DAY .NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This ertdOrsement rnodiffes Insurance provided 11nderthe following: COMMERCIAL OEN-EMIL LIMILITY;COVERNGE: It IS mfered,`,0 teVeetssthe•P0110rirtyM) days:hot-co �fdneIltTen, except as, respects non-pa erg prerritum, for.*Iikft ten (11.3) days notice will apply, will be given as respects the fcflhowirig certificate holder(s): Required byWritten Contract Certificate liolders include only ihoseerititiev,whare thirty (30) days notice of cancellation is required by an Insured contract' but only vith respects to an entity for -which. t`you" .a.r.e, directly or indirectly performing your work". It is further understood and agreed that you will provide e complete list of certificate holders Inducting nerne(e) and physical addresses to " us" that require the notice of cancellation. The list mist b.e . provided teue:etth0.,:tilii0 of the notice of cancellation. TERMS AND CON6111 NS OF THE POLICY itEMAIN UNCHANGED. 11..12 04 11 COprigi t. insu rance:SerVices. Office, Inc.. 1•983 Page I Of 1 Copyright, ISO Commercial :Ristc:Seiiiices, Inc., 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: PICHU0001270 ENDORSEMENT EFFECTIVE DATE: 10/31/2010 COMPANY: NAMED INSURED: RAM -BRO CONTRACTING INC J PRAETORIAN INSURANCE COMPANY COVERAGE PARTS AFFECTED: COMMERCIAL AUTOMOBILE IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE OF CANCELLATION WILL APPLY, EXCEPT FOR NON - PAYMENT OF PREMIUM, THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY. SPECIAL -1 BLANKET AS REQUIRED BY WRITTEN CONTRACT Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission Sylvia Arriaga - RE: Proj #5244 Fire Dept Maint Facility Concrete Driveway/Parking'Lot From: To: Date: Subject: CC: Attachments: Sylvia, Lisa Greene <lisag @uniquehr.com> "sylviaa@cctexas.com (sylviaa@cctexas.com)" <sylviaa@cctexas.com> 217/2011 11:58 AM RE: Proj #5244 Fire Dept Maint Facility Concrete Driveway/Parking Lot 'Kathleen WestfalF <kew826@hotmail.com >, 'Benito Cardenas Jr' <benitocardenasjr@yahoo.com> Work Comp policy form with cancellation.pdf The cancellation wording is located within the actual policy form of our workers compensation policy. I have attached a copy of the policy form for your file. The cancellation wording is located on page 8 (last page) of the attachment. It is in Part Six — Conditions; Item B.Cancellation 2. It actually references a 60 day notice of cancellation even though only 30 days notice of cancellation is reflected on the certificate. Please advise if anything else is needed to complete your file. Thank you! Lisa Greene Human Resource Customer Service 361.852.6392 Office 361.851.5301 Fax NR H UMAN RESOURCES This message and all documents attached to ii, if any, are intended only for the addressee and may contain confidential information. If you are not the intended recipient, you are hereby notified that any use of this communication is prohibited. If you have received this message in error, please accept my apology and immediately delete this message, any associated attachment(s) and destroy any hard copies that may have been produced. From: Benito Cardenas Jr [mailto :benitocardenasjr @yahoo.com] Sent: Tuesday, February 01, 2011 11 :02 AM To: Lisa Greene; Lisa Greene Cc: Kathleen Westfall Subject: Fw: Proj #5244 Fire Dept Maint Facility Concrete Driveway/Parking Lot Lisa, Please provide the 30days notice to the City of C.C. and copy me and Kathleen. Thanks., Benito Cardenas, ar. Project Ma finger RAM-BR RAM-BRO Contracting, Inc. 904 Industi fat Ave. • file: //C :\Documents and Settings\SylviaAlLocal Settings \Temp\XPgrpwise\4D4FDE5FCity... 2/8/2011 4gGG01L, Robstow,n, TX 78380 361- 387 -2705 Office or 351-387-8147 Fax Forwarded Message - - -- From: Sylvia Arriaga <SylviaA @cctexas.com> To: benito @rambrocontracting.com Sent: Mon, January 31, 2011 4:57:07 PM Subject: Proj #5244 Are Dept Maint Facility Concrete Driveway/Parking Lot Benito - 1 reviewed you insurance and bond submittals and the only item I'm lacking is a 30 day notice of cancellation on your work comp with Unique Staff Leasing. Please contact them and have them submit the endorsement. The cancellation clause on the certificate itself does not meet the requirement. Call me if you have any questions. Thank you. Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361/826 -3501 sylviaa@ectexas.com file://C:\Documents and Settings\SylviaAlLocal Settings \Temp \XPgrpwise14D4FDE5FCity,.. 2/8/2011 4(6 XL() AN'S 0 5t2 o You will let us examine and audit all your records that relate to this policy. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends. Information developed by audit will be used to determine final premium. PART SIX CONDITIONS A. Acceptance By acceptance of this policy, you agree that the statements on the Information Page are your agreements and representations, that this policy is issued in reliance upon the truth of such representations, and that this policy embodies all agreements existing between you and us or any of our agents relating to this insurance, B. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of non - payment of premium, we must mail or deliver to you not less than ten days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason, we must mail or deliver to you not less than sixty days advance written notice stating when the cancellation is to take effect_ Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation notice. 4. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to Comply with that law. C. Inspection We have the right, but are not obliged to inspect your workplaces at any time. Our inspections are no t safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide tor the health or safety o f your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with law, regulations, codes or standards. D. Sole Representative The insured first named in Item 1 of the tntormation Page will act on behalf of all insureds to give or receive notice of cancellation, accept indemnity, receive return premium or request change in this policy. 5. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured. (8) 55513 (01183) EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject 10 all terms of this policy, we agree with you as follows: GENERAL SECTION A The Policy This policy includes at its effective dale the Information Page and all endorsements listed there. it is a contract of insurance between you (the employer named in Item 1 of the Information Page) and us (the insurer named on the Information Page). The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by endorsement issued by us 10 be part of this policy. B. Who is Insured You are insured if you are an employer named in Item 1 of the information Page. If that employer is a partnership or joint venture and if you are a partner in the partnership or a member of the joint venture, you are insured, but only in your capacity as an employer 01 employees of the partnership or joint venture. C. Workers Compensation Law Workers Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 2 of the Information Page. It includes any amendments to that law which are in effect during the policy period. it does not include any federal workers or workmen's compensation law, any federal occupational disease law or the provisions of any law that provide nonoecupational disability benefits. D. State State means any stale of the United States of America, and the District of Columbia. E. Location This policy covers all of your workplaces in the states listed in Item 2 of the Information Page. F. Qualified Self- Insurer You represent that you are a duly qualified self- insurer under the Workers Compensation Law of each state named in Item 2 of the Information Page and will continue to maintain such qualifications during the term this policy is in effect. If you should terminate such qualifications or if your qualification as a self- insurer is cancelled or revoked while this policy is in force, the amounts payable under this poky will not be increased and you will be responsible for payments within Your Retention. PART ONE WORKERS COMPENSATION INSURANCE A How This Insurance Applies This insurance applies to losses paid by you as a qualified self - insurer under the Workers Compensation Law for Bodily Injury by Accident or Bodily Injury by Disease. Bodily Injury includes resulting death. 1. Bodily Injury by Accident must occur during the policy period. 2. Bodily injury by Disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such Bodily injury by Disease must occur during the policy period. 55513 (01/93) (1) B. if you begin work after the effective date of this policy in any state for which you are not insured or are not self- insured for such work, this insurance will apply as though that state were listed in Item 2 of the information Page but only if you notify us in writing within ninety (90) days from the date you begin such work. We Will Indemnify We will indemnify you for your toss as a qualified self-insurer under the Workers Compensation Law in excess of Your Retention as slated in !tern 5 of the Information Page but not for more than Our Limit of Indemnity as stated in Item 4 of the Information Page. Loss means amounts actually paid by you as a qualified self- insurer under the Workers Compensation Law and also includes your claim expenses. Your claim expenses are included within Your Retention. Our payments to indemnify you for your claim expenses are included within Our Limit of Indemnity. Your claim expenses mean your litigation costs, interest as required by law on awards or judgments and your claim investigation or legal expenses which can be directly allocated to a specific claim. Claim expenses do not include salaries and travel expenses of your employees, annual retainers, overhead and any fees you paid for claim administration. Your bankruptcy, insolvency or inability to pay will not relieve us from the indemnification of any claim covered by this policy. But under no circumstances will we be required to drop down and replace Your Retention or assume any of your obligations within the retention area. After Your Retention has been reached, indemnification due under this policy will be made by us as if you had not become bankrupt or insolvent but not in excess of Our Limit of indemnity as stated in liem 4 of the Information Page. Such indemnification will be made to the Trustee in Bankruptcy or as a Court of competent jursidiction may ultimately direct. C. Defense D. We have no duty to investigate, handle, settle, or defend any claim, suit or proceeding against you. However, we have the right and shall be given the opportunity by you to associate with you in the defense, investigation or settlement of any claim, suit or proceeding which might involve a Toss to us. In such an association, you shall promptly cooperate with us in all aspects of defense, investigation or settlement. Other Insurance If any other insurance exists protecting you against loss covered by this insurance, this insurance shall apply in excess of the other insurance. However, this provision shall not apply to other insurance which you have procured to apply in excess of the sum of Your Retention and Our Limit of Indemnity under this policy. E. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the Workers Compensation Law including those required because: 1. of your serious and willful misconduct; 2. you knowingly employ an employee in violation of law; 3. you fail to comply with a health or safety law or regulation; 4, you discharge, coerce or otherwise discriminate against any employee in violation of the Workers Compensation Law; or S. you violate or fail to comply with any Workers Compensation Law. If we make any payments in excess of the benefits regularly provided by the Workers. Compensation Law on your behalf, you will reimburse us promptly. (2) 55513 (01/93) F. Exclusion We will not indemnify you for any Toss arising out of operations for which you have rejected any Workers Compensation Law. a Recovery Prom Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them, Any recovered loss will be allocated as follows: 1f there is insurance coverage in excess of Our Limit of Indemnity, that insurer's Toss will be reimbursed first. The rennaining recovered Toss, after deducting our recovery expenses, will first be used to reduce our loss. Then we will pay the balance, if any. to you. H. Action Against Us There will be no right of action against us under this insurance unless you have complied with all the terms of this policy. I. Statutory Provision Terms of this insurance that conflict with the Workers Compensation Law are changed by this statement to conform to that law. PART TWO EMPLOYERS LIABILITY INSURANCE A. How This Insurance Applies This insurance applies to losses paid by you as a qualified self - insurer of Employers Liability for Bodily Injury by Accident or Bodily Injury by Disease. Bodily Injury includes resulting death. 1. The Bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or incidental to your work in a state or territory listed in Item 2 of the Information Page. 3. Bodily Injury by Accident must occur during the policy period. 4. Bodily Injury by Disease must be caused or aggravated by the condtions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such Bodily Injury by Disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for Bodily Injury by Accident or by Disease must be brought in the United States of America. if you begin work after the effective date of this policy in any state for which you are not insured or are not self - insured for such work this insurance will apply as though that state were listed in Item 2 of the Information Page but only if you notify us in writing within ninety (90) days from the date you begin such work. B. We WIN Indemnity We will indemnify you for Toss as a qualified self - insurer of Employers Liability in excess of Your Retention as slated in !tem 5 of the Information Page but not for more than Our Limit of Indemnity as stated in Item 4 of the Information Page. 55513 (01/93) (3) Loss means amounts which you legally paid as damages as a qualified self- insurer because of Bodily Injury by Accident or Bodily Injury by Disease and also includes your claim expenses. Bodily Injury includes resulting death. Your claim expenses are included within Your Retention. Our payments to indemnity you for your claim expanses are included within Our Limit of Indemnity. Your claim expenses mean your litigation costs, interest as required by law on awards or judgments and your claim investigation or legal expenses which can be directly allocated to a specific claim. Claim expenses do not include salaries and travel expenses of your employees, annual retainers, overhead and any fees you paid for claim administration. Damages include: 1. damages for which you are liable to a third party by reason of a claim or suit against you by That third party to recover the damages claimed against such third party as a result of injury to your employee; 2. damages for care and loss of services; and 3. damages for consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. damages because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer. Your bankrupty, insolvency, or inability to pay will not relieve us from the indemnification of any claim covered by this policy. But under no circumstances will we be required to drop down and replace Your Retention or assume any of your obligations within the retention area. After Your Retention has been reached, indemnification due under this policy will be made by us as if you had not become bankrupt or insolvent but not in excess of Our Limit of indemnity as stated in Item 4 of the Information Page. Such indemnification will be made to the Trustee in Bankruptcy or as a Court of competent jurisdiction may ultimately direct. C. Exclusions This insurance does not cover: 1. liability assumed under a contract; 2. punitive or exemplary damages; 3. bodily injury to an employee whUe employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. any obligation imposed by a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similiar law; 5. bodily injury intentionally caused or aggravated by you; S. body injury occuring outside the United States of America. This exclusion does not apply to bodily injury to a� /citiizen or resident of the United States of America who is temporarily outside the United States of America, 7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions; 8. badly injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901 -950), the Nonapproptiated Fund Instrumentalities Act (5 USC Sections 8171 - 8173), (4) 55513 (01/93) the Outer Continental Shelf Lands Act (43 USC Sections 1331 - 1356), the Defense Base Act (42 USC Sections 1651 - 1654), the Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901 -942), any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws; 9. bodily injury to any person in work subject to the Federal Employers' Liability Act (45 USC Sections 51 -60), any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. bodily injury to a master or member of the crew of any vessel; 11. fines or penalties imposed for violation of federal or state law; 12. damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801 -1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws; 13. damages arising out of operations for which you have violated or failed to comply with any Workers Compensation Law; 14. damages arising out of operations for which you have rejected any Workers Compensation Law, D. Defense We have no duty to investigate, handle, settle or defend any claim, suit or proceeding against you. However, we have the right and shall be given the opportunity by you to associate with you in the defense, investigation or settlement of any claim, suit, or proceeding which might involve a loss to us. In such an association, you shall promptly cooperate with us in all aspects of defense, investigation or settlement. E. Other Insurance If any other insurance exists protecting you against loss covered by this insu►ance, this insurance shall apply in excess of the other insurance. However, this provision shall not apply to other insurance which you have procured to apply in excess of the sum of Your Retention and Our Limit of Indemnity under this policy. F. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. My recovered loss will be allocated as follows: 1f there is insurance coverage in excess of Our Limit of Indemnity, that insurer's loss will be reimbursed first. The remaining recovered loss, after deducting our recovery expenses, will first be used to reduce our loss. Then we will pay the balance, if any, to you. G. Actions Against Us There will be no right of action against us under this insurance unless: 1. you have complied with all the terms of this policy; and 2. the amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to determine your liability. (5) 55513 (01/93) PART THREE YOUR RETENTION AND OUR LIMIT OF INDEMNITY A. Your Retention You shall pay for your own account any loss up to the amount staled in Item 5 of the Information Page as Your Retention. B. Our Limit of Indemnity We will indemnify you for Toss over the amount stated as Your Retention in Item 5 of the Information Page. Our Limit of Indemnity for Workers Compensation Insurance will not exceed the limits stated in (tern 4 of the Information Page. Our Limit of Indemnity for Employers Liability insurance will not exceed the limits stated in Item 4 of the Information Page. C. How Your Retention and Our Limit of Indemnity Apply Your Retention and Our Limit of Indemnity stated on the Information Page apply to each Toss paid by you as a qualified self - insurer of Workers Compensation and Emp984,44 because of bodily injury or death in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. To any one employee for bodily injury or death by disease. Bodily injury by disease does not include disease that results directly from a bodily injury by accident. The inclusion of more than one legal entity as insured in Item 1 of the Information Page will not increase Your Retention or Our Limit of Indemnity. PART FOUR CLAIMS A. Your Claims Reporting Duties You must immediately notify us in writing of any claim, either paid or reserved, for 60% or more of Your Retention stated in Item 5 of the Information Page. You must also give us immediate written notice of any injury involving the following types of accident: 'l. a fatality; reduce our Toss. Then we will pay 2. an amputation of a major extremity; 3. any serious head injury (including skull fracture or loss of sight of either or both eyes); 4. any injury to the spinal cord; 5. any second or third degree burn of 25% or more of the body; 6. any accident which causes serious injury to two or more employees; or 7. any disability of more than one year or where it appears reasonably likely that there will be a disability of more than one year. B. Your Claims Handling Duties It is your responsibility to investigate, settle, defend and appeal any claim, suit or other proceeding made against you, However, you must not make any voluntary settlement involving loss to us without our written consent. 55513 (01/93) (6) If you do not appeal an award or judgment which exceeds Your Retention, we have the right to lake an appeal at our own cost and expense and shall be liable for costs, disbursements and interest related to the appeal_ If we elect to appeal, our liability on such an award or judgment Shall not exceed Our Limit of Indemnity as stated in Item 4 of the Information Page plus the cost and expense 01 such appeal. C. Claim Audits We have the right to examine and audit your claims handling and reserving procedures, practices and records while this policy is in force and for three years after the final settlement of all claims. Also you will provide us any claim information which we may request. PART FIVE PREMIUM A. Premium Payments You will pay all premium when due. Ybu will pay the premium even it part or all of a workers compensation raw is not valid. B. Deposit Premium At the beginning of the policy period you must pay us the deposit premium shown on the Information Page. At the end of the policy period: 1. you will owe us the amount by which the final premium is greater than the deposit premium; or 2. we will owe you the amount by which the deposit premium is greater than the final premium; but in any event, we shall retain the policy Minimum Premium shown on the Information Page. C. Final Premium The deposit premium shown on the Information Page is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis which includes payroll and all other remuneration paid or payable during the policy period for the services of: 1. all your officers and employees engaged in work covered by this policy; and 2. all other persons engaged in work that could make us liable under Part One (Workers Compensation Insurance) of this policy. if you do not have payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured their workers compensation obligations. If this policy is cancelled, final premiurn will be determined in the following way: 1. If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium. 2. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force, and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium. D. Records You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for them. E. Audit 55513 (D1/93) (7)