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HomeMy WebLinkAboutC2011-104 - 1/25/2011 - Approved2011 -104 M2011 -034 01/25/11 Haas- Anderson Construction S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D FORMS O F C O N T R A C T S A N D B O N D S F O R 0 LWUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE Completion Of Contract t . PREPARED BY RVE, INC. 820 BUFFALO STREET CORPUS CHRISTI, TEXAS 78401 Phone. 361/887 -8851 Fax: 361/887 -8855 FOR STREET DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1881 Fax: 361/826 -1887 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 6278 DRAWING NO: STR 790 ........% 6 FRANN . j .� f { 0- t -4 -OW (Revised 7/5/00) LAGUNA SHORES ROAD REHABILITATION G RAN" ROAD TO HUSTLIN' HORNET DRIVE Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May, 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A-7 workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised. 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A Sal T aX n...........tle NOT USED (6/11/98) A-26 Supplemental Insurance Requirements A -29 Respensibilityfsr- Dame — Claims 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 F _ t_.-.- Speeial n,-gai _- = .,a__.. NOT USED A -36 Other Submittals (Revised 9/18/00) NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory Rev. 12/2/99 Page 1 of 4 A -42 OSHA Rules & Regulations A -4 3 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty (8/24/00) A -50 Geotechnical Report A -51 Mobilization and Demobilization Sid Items A-52 Electronic Proposal Forms A -5 3 work Hours A -54 Staging Area and Work Corridor A -55 Bio Monitoring of Shorebirds A -56 Bid Extension A-57 Amended Prosecution and Progress Attachment No_ 1 Attachment No. 2 PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing & Stripping 35 021040 Site Grading 56 021080 Removing Old Structures S55 022 EA RTHWORK 022020 Excavation & Backfill for Utilities & Sewers S9 022022 Trench Safety for Excavations 022040 Street Excavation S10 022060 Channel Excavation S11 022080 Embankment S13 022100 Select Material S15 022420 Silt Fence S97 025 ROADWAY 0252 SUBGRADES AND BASES 025205 Pvmt. Repair, Curb, Gutter, Sdwk. Dwy. Replacement 025222 Flexible Base High Strength S24A 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat S30 025424 Hot Mix Asphalt Concrete Pavement S34 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025805 Abbreviated Pavement Markings 5101 025807 Pavement Markings (Painted or Thermoplastic) S45 025816 Raised Pavement Markers & Traffic Buttons 025818 Reference - Pvmt Markers (Tx DOT D -9 -4200) 025820 Reference - Traffic Buttons (Tx DOT D -9 -4300) 025828 Bituminous Adhesive for Pvmt Marker (Tx DOT D -9 -5130) Rev. 12/2/99 Page 2 of 4 026 UTILITIES 0262 GENERAL 026201 Waterline Riser Assembly S79 026202 Hydrostatic Testing of Pressure Systems S89 026206 Ductile Iron Pipe & Fittings S81 026210 PVC Pipe for Waterlines & San FM's AWWA C900/C905 0264 WATERLINES 026402 Waterlines 588 i 0265 SANITARY FORCE MAINS f 026602 Sanitary Sewer Force Mains S69 4 026604 Air Release Valves for Wastewater S96 027 SEWERS & DRAINAGE 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts S60 027610 Televised Inspection of Conduits 5125 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding S14 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 (Includes Diagram) 037040 Epoxy Compounds S44 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings, & Covers S57 PART T - TECHNICAL SPECIFICATIONS 31 35 19 Erosion Control Turf: Reinforcement Matting 35 31 19 Articulated Concrete Block GEOTECHNICAL INVESTIGATION REPORT 1_ Subsurface, Exploration and Pavement Recommendations for the Proposed Laguna Shores Road Improvements from Graham Road to Hustlin' Hornet Drive, Corpus Christ, TX. City of Corpus Christi Project No. 6278 dated August 24, 2005 by Rock Engineering and Testing Laboratory Inc.. 2. Subsurface Investigation, Laboratory Testing Program and Geotechnical Recommendations for the Proposed Laguna Shores Bridge Replacement Project, Corpus Christi, T.X. City of Corpus Christi Project No. 6278 dated July 28, 2008 by Rock Engineering and Testing Laboratory Inc. LIST OF DRAWINGS _ 1. Title Sheet 2. General Notes 3. Legend and Testing Schedule 4. Estimated Summary Table of Quantities Rev. 12/2/99 Page 3 of 4 5. Benchmark Control & Construction Sequence . Construction Phasing Plan 7. Advance Warning Traffic Control Devices 8. Traffic Control & Typical Lane Closure Plan - Sheet 1 of 2 9. Traffic Control & Typical Lane Closure Plan - .Sheet 2 of 2 10. Existing Roadway Plan & Profile - Sheet 1 of 5 11. Existing Roadway Plan & Profile - Sheet 2 of 5 12. Existing Roadway Plan & Profile - Sheet 3 of 5 13. Existing Roadway Plan & Profile - Sheet 4 of 5 14. Existing Roadway Plan & Profile - Sheet 5 of 5 15. Existing Roadway Sections & Bridge Section 16. Demolition Plan & Profiler Sheet 1 of 5 17. Demolition Plan & Profile - Sheet 2 of 5 18. Demolition Plan: & Profile - Sheet 3 of 5 19. Demolition Plan & Profile - Sheet 4 of 5 20. Demolition Plan & Profile - Sheet 5 of 5 21. Proposed Roadway Plan & Profile - Sheet 1 of 5 22. Proposed Roadway Plan & Profile - Sheet 2 of 5 23. Proposed Roadway Plan & Profile - Sheet 3 of 5 24. Proposed Roadway Plan & Profiler Sheet 4 of 5 25. Proposed Roadway Plan & Profile - Sheet 5 of 5 26. Proposed Roadway Sections 27, Roadway Details - Sheet 1 of 2 28. Roadway Details - Sheet 2 of 2 29. Bridge Layout & Utility Adjustment Plan 30. Prestressed Concrete Box Beam Span - Type 820 31. Prestressed Concrete Box Beam Details - Type B20 (1 of 2) 32. Prestressed Concrete Box Beam Details - Type B20 (2 of 2) 33. Box Beam Standard Details 34. Abutment Details 35. Abutment Backfill Details & Armor Joint Details 36. Interior Bent Details 37. Prestressed Concrete Piling & Elastomeric nearing Details 38. Box Beam Rail Anchoring Details 39. Bridge Rail Details (T101) 40. Guardrail Details - Sheet i of 3 41. Guardrail Details - Sheet 2 of 3 42. Guardrail Details Sheet 3 of 3 43. Striping & Marking Plan - Sheet 1 of 2 44. Striping &Marking Plan - Sheet 2 of 2 45. Traffic Control Details & General Notes - Sheet 1 of 4 46. Traffic Control Details & General Notes - Sheet 2 of 4 47. Traffic Control Details & General Notes - Sheet 3 of 4 48. Traffic Control Details & General Notes - Sheet 4 of 4 49. Standard Sign Details - Sheet 1 of 2 50. Standard Sign Details - Sheet 2 of 2 51. Standard Sign Mounting Details 52. Pavement Marking Details 53. Storm Water Best Management Practices NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Rev. 12/2/99 Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLIN' HORNET DRIVE PROJECT NO. 6278 which consists of; demolishing and reconstructing approximately 5,700 LF of a 2 lane roadway; installing approximately 5,050 SY of articulated concrete matting; installing approximately 5,125 SY of erosion control matting; demolishing of existing bridge structure over channel; excavating approximately 805 CY for channel widening; new box beam bridge structure; installing new metal beam guard rail; replacing approximately 140 LF of each 12" waterline, 16" Force Main, & 10" Force Main at channel; new air release valves at channel crossing; reconstructing new driveways with 18" RCP culverts and safety end treatments; installing new sign structures along roadway; and new pavement striping and traffic buttons; all 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, September 03, 2008, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, August 27, 2008 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 5a 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/ Kevin Stowers Interim Director of Engineering Services /s/ Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A l NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of is required coverage in the following amounts : TYPE OF TNSUp WCB 30 -Day Notice of Cancellation required on all certificates Commercial General Liability including: 1• Commercial Form 2• Premises - Operations 3• Explosion and Collapse Hazard 4• Underground Hazard 5• Products/ Completed Operations Hazard 6• Contractual Liability 7 • Broad Form Property Damage S. Independent Contractors 9• Personal Injury . . AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED WORKERS, COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge to include long -term environmental impact for the disposal of contaminants BUILDERS RISK INSTALLATION FLOATER MINIMUM INSURANCE COVERAGE Bodily Injury and Progerty Damage PER OCCURRENCE / AGGREGATE $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT Ll REQUIRED x NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED S NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements D REQUIRED X NOT REQUIRED Page 1 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code r TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES I RULE §110.110 Reporting Requirements for Building or Construction 1 Projects for Governmental Entities (a) The following words and terms when used in this rule b s all 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, T WCC-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 AM 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 ffi e supply deliveries, and delivery of portable toilets. , o (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; u:. (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; (b) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the - following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific - document in which they are contained or to impose stricter standards of documentation: Attached Graphic -. Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample. notice, without any additional words or changes: Attached Graphic (8) contractually. require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, anew 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 (1) 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." (d) 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 onthe 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 (M contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) if any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §40). (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 i 1 0.110(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 T28S 110. 1 10(c)(7) Article . Workers' Compensation Insurance Coverage_ A. Definitions: Certificate of coverage ("certificate')- A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in ,406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and f ling 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 certhcates 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 affe the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner Prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (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; (S) retain all required certificates of coverage on f le for the duration of the project and far 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 an 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. Wage 11 of 11 F PART A SPECIAL PROVISIONS LAGUNA SHORES ROAD REHABILITATION G RAHAM ROAD TO HUSTLIN' HORNET DRIVE PROJECT NO. 6278 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 PM on Wednesday, September 3, 2008. 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: BID PROPOSAL -- LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLXN' HORNET DRIVE PROJECT NO. 6278 A pre -bid meeting will be held on Wednesday, August 27, 2008, beginning at 10:00 AM. The meeting will convene at the Engineering Services Main Conference Room, 'Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. if requested, a site visit will follow. No additional or separate visitations will be conducted b y the City- A-2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLIN' HORNET DRIVE PROJECT NO. 6278 which consists of; demolishing and reconstructing approximately 5;700 LF of a 2 lane roadway; installing approximately 5,050 SY of articulated concrete matting; installing approximately 5,125 Sy of erosion control matting; demolishing of existing bridge structure over channel; excavating approximately 805 CY for channel widening; new box beam bridge structure; new metal beam guard rail; replacing approximately 140 L,F of each 12" waterline, 16" Force Main, & 10" Force Main at channel; new air release valves at channel crossing; reconstructing new driveways with 18" RCP culverts and safety end treatments; installing new sign structures along roadway; and new pavement striping and traffic buttons; in accordance with plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated upon the following order of priority, subject to availability of funds: 1. Total Base Bid (Part A + Part B), or 2. Total Base Bid + Additive Alternate No. 1 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, subject to the availability of funding. section A - SP (Revised 12/15/04) Page 1 of 24 n � 4 A -5 Items to be Submitted with Prop The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference: LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLIN' HORNET DRIVE; PROJECT NO. 6278) (A Cashier's Check, certified check, money order or bank draft from any State ar National Bank will also be acceptable.) 2. Disclosure of interests Statement 3. Documents Requested in Special Provisions Items A - 28, A - 29 and A - 30. A -6 Time of Completion/Liquidated Damn es The working time for completion of the Project will be: Base Bid Part A: 120 Calendar Days Base Bid Part B: 360 Calendar Days * Part.A will be completed concurrently with Part B. Part A and B may be initiated by a single or separate Notices to Proceed as indicated in A -56. 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, $500 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. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Storm Water Pump Station 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 May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days, March 2 Days July 3 Days November 3 Days April 3 Days August4 Days December 3 Days If weather conditions are not suitable for asphalt lay operations, as defined in the Technical Specifications, the Contractor shall ,submit a request detailin g the date(s) and conditions, for an extension of time. The Project Re resentative and Consulting Engineer will review the re ests and, . if valid, recommend the time extension to the city Engineer. S ect ion A - SP (Revised 12/15/04) Page 2 of 24 p b . • � S A -7 Workers Com ensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers compensation insurance and unless the required documentation of such coverage has been provided to the'Contractor and the City Engineer. A - 8 Framed 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 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy,__and heavy and Highway In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wag Scales The Corpus Christi City Council has det ermi ned the general prevailirig minimum hourly wage rates for ldueces 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 then 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 Haan the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record show;ng the names and classifications of all laborers, workmen, and mechani employed by them in connection with the Project and show3mg the actual wages paid to each worker. Section A - SP (Revised 12/15/04) Page 3 of 24 The Contractor will make bi- weekly certified payroll subdttals 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 atmitted to the City E ngm er bi- weekly. (See section for MiMrity/Minority Business Enterpri Participation policy for additicnal requi rements eonoauuxq the prcVer form and content of the payroll submittals.) Cne and one -half (134) 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 Tk+xms, and Section B -7 -6, Wo rking H= s.) A -11 Cooperation with public AgenC3es (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the DIG TESS 1 -800- 344 -8377, the Lone Star Notification caTarly at 1 -800- 669- 8344, and the Verizan Dig Alert at 1 -8o0- 483 - 6279. For the Contractor's ccxir eni the follow 3xlg teleph nuubers are listed. City Engineer 826 -3500 Project Engineer Patrick Veteto; RvE, Inc. 887 -8851 Traffic Engineer 826 -3540 Police Department 882 -1911 Water Department 826 -1880 (826 -3140 after hours) Wastewater Department 826 -1818 (826 -3140 after hours) Gas Department 885 -6900 (885 -6900 after hours) Storm Water Department 826 -1881 (826 -3140 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1970 ARP 299 -4833 (361/693 -9444 after hours) SBC / A T & T 881 -2511 (800 - 824- 4424,after hours) Signal /Fiber Optic Locate 857 -1946 857 -1960 Cablevision 857 -5000 (857 -5060 after hours) ACSI (Fiber Optic) 887 -9200 (Pager 800- 724 -3624 CenturyTel 225/214-1169 (225/229 -3202 (M) ChoiceCom (Fiber Optic) 881-5767 (Pager 850 -2981) CAPROCK (Fiber Optic) 512/935 -0958 (Mobile) Brooks Fiber Optic (MAN) 972/753 -4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc_ and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his. own expense. In the event of damage to underground utilities, whether shown 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. section A, - SP (Pevi.sed 22/15/04) Page 4 of 24 Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control 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 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 will be paid per Sid Item in the Proposal. A -14 Construction Equipment Spillage and T'rackiN The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials_ Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system_ No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted_ All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation ".; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 24 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 The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air- conditioned and heated and must be furnished with an inclined table that measures at least 3 0TI x 60" and two (2) chairs. The Contractor shall move the field Office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 -hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A -18 Schedule cad Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CAL ENnAR 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: �. 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 4, Re Submission Indicate submittal dates required for all submittals. Revise and resubmit as required by the City Engineer. 5. Periodic Update Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A - 19 Construction Pro Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is nece_ ssaxy to disturb or destroy a control point or bench mark, the. -Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of Section A - SP (Revised 12/15/04) Page 6 of 24 the Contractorts negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessar grade y to deviate from proposed line and 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 requite 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 bocuments, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey {R.P.L.S.} licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets- • Street crowns on a 200' interval and at all intersections; • Street edge of pavement on a 200' interval and at all intersections; • Ditch line grades on a 200' interval. Wastewater; L A ' I .. -. t «. mrl�rver� elevati -- _ __ _ l ines • Casing elevations {top of pipe and flow line} {T7OT and ER permits} • Pipe depths and elevations under channel. Water: 49- Valves � • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). • Pipe depths and elevations under channel. Stormwater• • --- �p�- r�m,�inve�t —el evert ie�s � ,_ .. • All flow lines at culverts and safety end treatments. A -20 Testis 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. Section A - SP (Revised 12/15/04) Page 7 of 24 AA =21 Project Signs The Contractor must furnish and install 2 Project signs as indicated on the following drawings. (Attachment 2) The signs must he installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 MinOrity/Xinority Business EnterPrise Participation Polio (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity 1 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. 0 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 a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0 of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). section A - SP (Revised 12/15/04) Page 8 of 24 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.06 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0 °s 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 % Z5 % 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 p &rticipation,�' substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. Sectiou A - SP (Revieed 12/15/04) Page 9 of 24 b. The Contractor shall make bi- weekly payroll submittals to the City Engineer, The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsures may not exceed ten percent (10 %) of the reinsurer(s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Section A - SP (Revised 12/15/04) Page 10 of 24 i. Obtain the neeessary sales ta:DE permits 935em the State Gemptreller-. ineer-pe�-ated -irate- the Przejeet prapesal - r-aliae- eg mateLials . turn, 1se:resar-esale- eertifieats to hie pp1 e* A-26Su pj2lemeutal 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: F.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. - section A - SP (Revised 12/15/01) Page 11 of 24 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 and RVE, Inc. is an additional insured under the insurance policy. The City need not be named as. additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 - 11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims NOT USED 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 i requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed- 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The. Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Eng obligation to execute a contract for this Project. I su approval al r is o not obtained, the award may be rescinded. Further, such written app v 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 "G Provisions and Contracts' Section 2 Consideration of Contract add the mun following text the the I. 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 f 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 Section A - SP (Revised 12/15/04) Page 13 of 24 clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve. all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the 8. 9. 10. major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. Documentation as required by Special Provision A -35 -K, if applicable. 1 1 r r inieLamabien identifying type ef e3atity and state, state) Gerper-atien PartneL-shlp, A-31 ar and name(s) and Title (s) of Amended FoUSX an Extra work and Cbange Orders Under "General Provisions and Requi rements for MLUJicipal 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" 8 - 3 - 5 Execution of Contract add the following:' Section A - SP: � ' (Revised 12/15/04) Page 14 of 24 �x' 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 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, fifth precedence will be given to the Technical Specifications, and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) Section A - SP (Revised 12/15/04) Page 15 of 24 shall keep eEle areae eleam at al! L..., . �.. dal-ly. designated by Git Water area neL- wander Gentraeter $9 • rn rmT nia!_ r- any Standard Speeifieatlens. r tiens shall keep eEle areae eleam at al! L..., . �.. dal-ly. designated by Git Water area neL- wander Gentraeter $9 • rn rmT nia!_ D t��t All Gel, rXatment Plant. 1 -3,RgO ether keatiens 3- belew. te r f wElifieatis las , All r This f r tiens , • r r w r Section A - SP (Revised 12115/94) Page 16 of 24 A--36 Other Submittals Shop Drawin Submittal: The Contractor shall follow the procedure ou.tlinedbelow when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the city to the City Engineer or his designated representative. b. Reproducibles: In addition, to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Section A - 5P (Revised 12/15/04) Page 17 of 24 Pil A--36 Other Submittals Shop Drawin Submittal: The Contractor shall follow the procedure ou.tlinedbelow when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the city to the City Engineer or his designated representative. b. Reproducibles: In addition, to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Section A - 5P (Revised 12/15/04) Page 17 of 24 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. 2. 0 d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items_ f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittais: 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. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Standard and Technical Specifications Sections, 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 "Arr ement and Charge for Water Furnished by the Cit " N= USED 6 15 Ar-r-wigement and GhaLcge water- Furnished by Section A - 5P (Revised 12/15/ Page 1B of 24 A -38 Worker's COMpensation Coverage for Building or Construction Pro for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B -8- 9. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must an ozone advisory has been issued, except notify Contractor about ozone alert. If a the day will not be counted as a wor compensated at the unit price indicated in not be conducted on days for which for repairs. The City Engineer will delay such as this is experienced, day and the Contractor will be the proposal. A -42 OSHA Rules & _ lieqMlatlons 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 Section A - SP (ReviBad 12/15/04) Page 19 of 24 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 Drav[in s (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. it will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A- 47_ Pre -Construct ion Rxploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20- feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10')." of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor . shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. section A - SI (Revised 12/15/04) Page 20 of 29 Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer Ia approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electric 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 Geotechnical Report Two geotechnical reports entitled; ➢ "Subsur €ace Exploration and Pavement Recommendations for the Proposed Laguna Shores Road Improvements from Graham Road to Hustlin' Hornet Drive, Corpus Christ, TX_ City of Corpus Christi Project No. 6278 dated August 24, 2005 by Rock Engineering and Testing Laboratory Inc." ➢ "Subsurface Investigation, Laboratory Testing Program and Geotechnical Recommendations for the Proposed Laguna Shores Bridge Replacement Project, Corpus Christi, TX_ City of Corpus Christi Project No. 6278 dated July 25, 2008 Rock Engineering and Testing Laboratory Inc." ... are included as an Appendix to the Technical Specifications. The reports are for Contractor's information only. Section A - SP (Revised 12/15/04) Page 21 of 24 A -51 Mobilization and Demobilization Bid Items Mobilization and Demobilization bid Items shall not be greater than 8 1 6 of the total bid cost for each PART (Street). 60 of the bid item will be paid upon mobilization and 40% will.be paid upon completion of the street section. A -52 Electronic Proposal Forms The of Ph modifies P )h B -2 -7 - Preparation of Pro oral BASE BID The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS: 1 -14 OF 14 ), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on proposal (SHEETS_ 3 -11 OF 14 ). The print -out will be substantially in the form attached as Attachment No. 2. If the Contractor chooses to submit a print -out, the print -out shall be accompanied by properly completed proposal pages ( 2,12 and 13 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 intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown 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 -53 Work Hours Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -7 -6 Workin Hours, add the following text: Work at night, on weekends, and on holidays will be allowed on this project, provided the general work restrictions shown on the plans are followed. A -54 Sta in Area and Work Corridor The contractor is required to define an appropriate "Staging Area" for construction equipment and obtain approval from the Project Engineer prior to occupying said area with equipment. The "Staging Area" must be located on an Upland site that is not inhabited by wetlands_ The contractor is required to place a construction barrier fence along the right -of -way line of the road which will define the "Work Corridor" before any work may begin. No work or equipment will be allowed outside of the 60' right -of -way. Section A - SP (Revised 12/15/04) Page 22 of 24 The contractor is required to place a construction barrier fence along the right -of -.way line of the road which will define the "work Corridor" before any work may begin. No work or equipment will be allowed outside of the 60' right -of -way. A -55 Bio-Xonitori3mg of Shorebirds The contractor is required to perform "Bio- Monitoring" of the project area, on a weekly basis, to deter shorebirds from entering the project site and prevent them from nesting in the project area. A -56 Bid Extension Allowance This project is still pending a U.S. Army Corps of Engineers Permit that may impact the start of construction. Therefore, the proposal includes bid items A1.6 & B1.6 (*), to extend the bid prices beyond the time frame typically experienced with City projects for the award and notice to begin construction. General. Provision B -3 -2 describes the City award process. Bid items A1.6 and B1.6 will only apply after the reasonable time is exceeded and will extend bid prices in 14 day increments pending the Notice to Proceed. The bid items will only be authorized if required and approved in writing from the City engineer. * Bid item A1.6 pertains to the Notice to Proceed for the Bridge Bid item B1.6 pertains to the Notice to Proceed for the Roadway. A -57 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. if funds for any reason, are not appropriated in any given year, the city may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City .requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 12/15/04) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE PROJECT No. 6278 OWNER: CITY OF CORPUS CHRISTI ENGINEER: RVE, InC _ CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL ml PANTONE PROCESS "GREEN "(748 74) 3 7 112 2 112 S PANTONE PROCE, S 1'-5- "GREEN"(749 2 4) �N 5 112 9/16 > 6 mm i 114" THICK INSIDE BORDER PANTONE BLACK V --- 51-1 71, WHITE BACKGROUND BACKGROUND-, �u� v�s�c ld _et wc�� 7 9116 4 11/ 7 -5/8 Text 2 J/3 7 518 6 114 4 9116 6 13116 2 314 11116" t i 4'-- 7116 +-K - . ��/ll 5 71 5' -0 T 1 4.- 4 X 8'--0" POSTS 1 1 L LJ BOND 2004 PROJECT SIGN . . . . . . . ..... Cl Y OF CORPUS CHRISTI L- PANTONE PROCESS WHITE BACKGROUND PANTONE BLACK lul 3/8" THICK OUTSIDE BORDER 7 9116 4 11/ 7 -5/8 Text 2 J/3 7 518 6 114 4 9116 6 13116 2 314 11116" t i 4'-- 7116 +-K - . ��/ll 5 71 5' -0 T 1 4.- 4 X 8'--0" POSTS 1 1 L LJ BOND 2004 PROJECT SIGN � ' F sAbRu COMPUTER PRINT -ovT I n mE ry v Hid Item . Q►Y. Uaitr Itan Description Unit Pdw in r Bid If= EA X Unit Prior A T 37,4755Y SaYet Excavation 00.0p 00.00 A2 5 033 SY b' CcwcA STBL 5alvs9v S&- 00.00 04.00 Etc. Etc. Etc. D21 - 33 CA _Musimie Iiaesls 00.00 44.00 Sub -Taal Base Bid D" Itesas (Ila= I3 i -DZ 1) Sub.ToW Ili= Bid - X - Uems_ 5ub -Taal Bast Hid "B` Items' S Sub -Thai Banc Did "C" 3taas; Sub-TotA Banc Hid "D° hags: � ToW Base Bid items: S ATTACHMENT NO.2 PAGE 1 OF I A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 25TH 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 Haas- Anderson Construction, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: T_ ..-i derat ' �f �1-�o r-.�crm6nt f k`9 ArZn A32 1.2 be r ' +- .3 111 1+V11L 1.1 ...144.L V11 Vl V11V tl Y V- y -L-- -, 2' Vll..y Q111.1 other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE COMPLETION OF CONTRACT - PROJECT NO. 5278 (TOTAL UNIT PRICE + ADD PRICE No. 1 + ADD PRICE NO.2: $1,450,432.12) 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 harmless and defend the City of Corpus Christi in accordance with General - Provision B -6 -II 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 100 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth 11! tFle l ry Viltral t LVi ii1LLe 11tj . 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 ATTEST: -- bn� City cretary APPRO D AS LEGAL FORM: By: Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: .If Person signing for corporation is not President, attach copy of authorization to sign) . CITY OF C RPUS CHRI TI By: Juan Perales r.,P.E. Assistant Ci , Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Haas - Anderson Con ruction, Ltd. vq�iJ / .D. cs c�. s Title: President, Haas-Anderson Management ink, 6etre;ad Partner P.O.Box 7692 (Address) Corvus Christi, T% 7846"1-,- (City) (State)(ZIP) 361/853 -2535 * 361/853 -5564 (Phone) ( F'ax ) 1'1La0 j o34 AUrNORIZEA Sy MUNCIL Page 3 of 3 Rev. Jun -2010 Inquiry No. F10150 - RFQ -j PROPOSAL FORM FOR PROJECT COMPLETION TO BE SUBMITTED IN TRIPLICATE TO: 4 o` G cfia insurance Company of the West CIO Forcon International Corp. — 1216 Oakfield Drive Brandon, Florida 33511 1- CONTRACT PRICE 1.1 Total compensation to Completion Contractor for full and complete performance by Completion Contractor of all the Work, including the fumishing of all labor, materials, equipment, supervision, insurance, bonds, tools, taxes, overhead, profit, and each and every item of expense necessary to complete the Work, in full compliance with all terms and conditions of the Contract, Instructions to Bidders, General Conditions, Supplementary Conditions, Addenda, Attachment to Addenda, Plans and Specifications, Alternates, existing approved modifications, approved change orders and Inquiry No. F10150 - RFQ -1 as well as the correction of any patently (evident) defective work, if any, done by the Former Contractor and all documents referenced therein , and for Completion Contractor's payment t of all obligations incurred in, or applicable to performance of all the Work, shall be as provided in the original bid package. Bidders are to include the cost of all required contract documents such as Drawings, Project Manuals, etc. Total Unit Price Bid: l �ti[k�r1. lop OhQ_041 r r J �tP dr�� 7' KYi F �A13 � r laitC�� i 1� s 1.3 Written Amount '- - 3D 1.2 The quotation is valid for a period of Xdays after the Bid Due Date of this Request for Quotation. Bidder acknowledges receipt of $ 10.00 as full consideration for agreeing to do so. 1.3 The Unit Prices set forth herein are firm for the duration of the Work. 1.4 The Completion Contractor shall commence work within ten (10) working days afterthe date of the written Notice 4o Proceed from the Surety or Owner /Obligee, and shall complete the M Work within y1c i1 6dre.4 _ ( 10a } consecutive calendar days, including Sundays and holidays. Liquidated and /or Actual damages shall be in full force and effect for time overruns beyond the completion time specified herein. 111 - 1 Revised DGobu 17,2U05 Inquiry No. F10150 - RF:Q.1 2. PRICING FOR ANY APPROVED CHANGES TO THE SCOPE OF WORK DUE TO LATENT DEFECTS Completion Contractor shall be reimbursed for changes in the Work which have been authorized and approved in accordance with the terms of the Completion Contract, on a fixed price or cost reimbursable basis as determined by Surety. Cost reimbursable prices shall be as set forth herein. 2.1 Cost Reimbursable Prices Completion Contractor shall be reimbursed for changes in the Work which have been authorized and approved in accordance with the terms of the Completion Contract, on a fixed price or cost reimbursable basis and shall be priced as follows: 2.1.1 Labor Related Costs and Profit 2.1.1.1 All-in Rate Compensation to Completion Contractor for labor related costs and profit shall be in accordance with the rates set forth in the "Labor Rate Schedule" included as Exhibit (L.) herein. 2.1.1.2 The all - in rates shall include all direct wage rates, insurance, payroll taxes, small tools which cost Completion Contractor less than $2,000.00 per tool, temporary construction facilities, consumables, expendables, overhead, profit and all other costs and expenses incurred by Completion Contractor in performing the Work, 2.1.2 Material Costs and_MarkuRs All actual costs of Completion Contractor supplied materials for incorporation into the permanent facility (excluding consumables, expendable and small tools which cost Completion Contractor less than $2,000 pertool) shall be at actual invoiced cost paid by Completion Contractor (excluding taxes) delivered to jobsite, plus a marku for all profit and overhead expenses of Completion Contractor thereon, of %. (Taxes shall be at actual cost to Completion Contractor without markup per paragraph 2.1.6 below). Re -Ised Weber 17, 2005 Inquiry No. F10150 - RF(;t_1 2.1.3 Equipment Costs All costs of Completion Contractor for contractor -owned equipment, including maintenance, repairs, fuel, profit and overhead, shall be at the rates set forth in Exhibit (M) entitled "Equipment Rate Schedule ", attached and incorporated herein. 2.1.4 Subcontracts — All subcontracts for performance of extra work shall be at actual cost to Completion Contractor of such subcontracts (not to exceed such subcontract price) plus a markup for all profit and overhead expense of Completion Contractor thereon, of Lo— %. 2.1.5 Th ird -Party Equipment For third party rental equipment used, Completion Contractor shall be reimbursed for actual net rental price, plus 't % of rental price for overhead and profit. Transportation, state and local taxes shall be at actual cost to Completion Contractor without markup. 2.1.6 Taxes All duties, sales and use taxes, excise taxes, and similar taxes applicable to and arising directly out of performance of the Work, which are imposed by any governmental authority, excluding personal property taxes on construction equipment and other property owned by Completion Contractor and taxes on net income of Completion Contractor, shall be at Completion Contractor's actual cost without markup. 2.2 Costs and Expenses All costs and expenses of all items are to be at the cost or expense of or for the account of Completion Contractor, or are to be performed by Completion Contractor at no additional cost to Owner /Obligee. All costs and expenses of Completion Contractorto perform the Work not expressly stated in this Section 2.0 reimbursable to Completion Contractor, shall not be reimbursable costs under the provisions of this Section 2.0 and shall be deemed within the markups for overhead or profit set l forth in this Section 2.0. utINI RaNsed Odober 57, 2005 Inquiry No. F10150 - RFQ_1 3. CONDITIONS 3.1 The undersigned Bidder has examined and read the Contract Documents, has performed a job site inspection, and is acquainted with and fully understands the extent and character of the Work to be performed. 3.2 The Bidder agrees that if awarded a Completion Contract, the major suppliers and subcontractors used in the prosecution of the Work shall be those listed below. The following list includes all suppliers and subcontractors who will perform work representing approximately a value of five percent (5 %) or more of the Work. The Bidder represents that the suppliers and/or subcontractors listed below are financially responsible, are qualified to do the work required and are approved by Owner/Obligee. Name of Suoplier /,Subcontractor Type Work to be Performed 1 I i7 Tir_JC �_r r YI [ C U A 3.3 A Bid Bond for completion of the Work properly executed by the undersigned q,nd by a qualified surety in the sum of 9-tPA �s ^,,ti,, Dollars representing not less than twenty percent (20 %4) of the total amount of each Bid made payable to Surety, which we agree to forfeit to Surety not as a penalty, but as reasonable, fixed and liquidated damages in the event we fail to enter into a contract and furnish the required performance and payment bonds in the amount of one hundred percent (100 %) of each Bid within seven (7) working days after receipt of the Completion Contract by us, is enclosed herewith. 3.4 The undersigned certifies that helthey is /are the only person, or persons, interested in this proposal as principals, and that the proposal is made without collusion with any other person, firm or corporation. 4 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERERS. 4.1 The original solicitation, offer, and award is contained in Exhibit (B) herein. The bidder shall complete and submit with his bid all applicable sections of Representations, Certifications, L Disclosures and other Statements of Offerers if required by bid documents. 111.4 Revised OcWbN 17, 2005 Inquiry No. F10150 - RFQ_j 5 EXECUTION OF CONTRACT The undersigned agrees that if its Bid is accepted, it will execute and return to the Owner /Obligee or Surety the acceptance copy of the Completion Contract within seven (7) working days, that it will furnish the properly executed bonds as required by the terms of the Completion Contract to the Surety or Owner /Obligee within seven (7) working days, that it will perform the Work in accordance with the requirements of the Contract Documents, that it will commence the Workwithin seven (7) working days after the Surety or Owner /Obligee issues a Notice to Proceed, that it will complete the same within the time specified herein, and that it will accept as full payment therefor the prices named in this Proposal Form. Proposal Date: ` 17 — DO c> Name of Bidder; p Address of Bidder: C �r ut orize igna ure. Title: If corporation, Affix Corporate Seal president. Haas- Anderson Management, L C. P'et Partner [11 - Revised OdDbn� 17.2005 Inquiry No. F10150 - RFQ_1 EXHIBIT U PROPOSAL FORM ATTACHMENT 1. This Proposal Form Attachment Exhibit U is to be submitted with and considered a part of the "Proposal Form For PrdLect Completion ". A CD with the Completion Bid Proposal spreadsheet shall be provided to bidders during the job walk. The Completion Bid Proposal spreadsheet is to be completed, printed, submitted with and considered a part of the "Proposal Form For Promect Completion". 2. Bidder acknowledges the following RFQ Addenda: ADDENDUM NUMBER ADDENDUM DATE I I'a -/5 T. The bidder is to identify which of the following subcontractors it intends to use or not use. Consent of Surety is required to alter any subcontractor selections. USE OF SUBCONTRACTORSISLIPP.LIFRS SUBCONTRACTORISUPPLIER USE NOT USE Bay LTD X Highway Technologies- striping Highway Technologies -signs Highway Technologies- traff ic control Tahoe Trucking GSI Highway Products X Contech Geosolutions Gordon Specialties Martin Marietta �vlother Earth Revised Oclober 17. 2045 Inquiry No. F10150 - RFQ -1 l r� t 4. Add Price Number 1: Provide an add price, if any, to provide all required warranty obligations: rr 11 �/ Add price: ; 4 ti r 44ov -S G►,� jz� 1 � /OD ( JJz)Z.OD 5. Add Price Number 2: Provide an add price, if any, to assume responsibility for all latently (not evident) defective workmanship or materials installed by the Former Contractor, or by subcontractors under it: Add price: r 4 ��5-,� eft tc1 ($ U-2 Revised October 17, 201)5 � a R � �� o- di c� n z x��� s; � �Q 9� P� g s O 3 v x m a v z 0 w A r q O m z a c 0 z m N_ a a w z 0 a D 0 z W A J Q N O a O a 0 m z 0 F w a a 0 u w �4 6� o� =kE� 4 x $� ak s S $8 $' $88$8$888888888888$8888888 88 8 88 8$886 88 888 8888 ; e a ?; SSS 1515151 RRSt 5!5l;SS6l515�Sg585345 i55 S Sts o�S.575 "5 «"� "SNP �s $8$$$588$ 8$86$$8$888$88$$ 8$ 8 8$ 88888 $$ 888 $$88 9 o va � 1i .z 2 $ ao 3 6 3 �e g. m r L 0 0 v m m O z m 0 0 0 0 0 m a c z z m -8 8 8g8 S S & n nnnnnn nnnannonn n n � gog N o 3 : a a R � ' R+�nn A'gY2A�Da�"9p � ena zy �� 333 V � o } � ° ° � R s �� = „N� n��aa ad.��� i $� o SQ�� A$ 5�3.� 9 iii e S SL o�gU.g 7•5 '�O Y Y�Ypo n s�Ai a o nn s H<.. v IInn 11nn IInn IInn IInn RR IInn 1 1� ! !!nn 11nn 11nn N N 1 m n f ^ c a A Al i 8 8 88 8 8 8 8888$88$N$88888 8$888888$ 8 8 $ $ 88 8888 8 888 88883 Q QQ 11 $ $ 8 8>S 8 8 $ $$$888 S$8$v$8$ $$$$doo8$ eti »55 "� 1 S S�8'3' � �G'a "'Na 3 3� $$$8$8888$ffi58$886888$aoo$$ 8 8 S S $8 $888 $ $N8 N 5�81S15SS5gL�25�?;555555�g5Z;ff� g g 1 155 5555 S SxiS >;SZ;S S $ $$ 8 875088$88$$158888886888888$$ 8 8 8 8 $8 8888 $ $88 8888 t ? q 88 8 q o opaoe00000aoa000aoaggq000a ° $ 8 °- '64_00 z m m a ' S9S9> S$751S1S155lSa1515155E8x55S5515 888858$8888$8$$888888$$8$8 $ $ 8 8 88 8$$8 a a$8 88U8 papptrOpaoaoo, p $ $ 0 0 1i .z 2 $ ao 3 6 3 �e g. m r L 0 0 v m m O z m 0 0 0 0 0 m a c z z m 7NAL FOR BOADOENDUM ONE vwadm.. N a G Carved —. Inc. Iwkd: Laguna Shorn Road NeflahMsiw Graham Rd InHUnlliri Hsnl1[ PR{79 bM No. soon Ne. F50150 HAAS ANDERSON CONSTRUCTION LTD COMPLETFON WD PROPOSAL - ADDENDUM ONE um Entry Dm El" O Erwy BIP EACH uNE DEiI ZI 17A6WID aaPra , —pin all koka m wry -iW. al e56mwee yuHil — Papa 4m4 B C 0 F F G H I PEYta QATED Tr11H0 Maio dace 01ND PE Sta dace -1— FBTIMaTEP fAMPLETION HI TO DATE CRY Rrrulnlnp AA] Rwwk b a OORW>abd HaJ1a.ADd6nbn Cpmt Oan PISGIrs ORIC CONTRACT cm e.wrc. Fmwrk APw� ConPAC1 t una Can ,BM d Al /orlon -Quen" Bld Amnulk W. AP QUanft Baum BA Awnaln{np R�maFnNq Quamlgn mmPlab UnR FnW Amount Cwnrtwlka Jm 1En111 ND. Ism N. Ram Oaacllpllm OnRTTPn 12—l" Pllca Amount Q—Ifty Enennd�d Rmm�lnllp R.m SUBTOTAL 1 wa 583 1,175.&13 994.047 ±!2 t130437.12 IOJUSTMENT; 113W2.i7 SUBTOTAL EST COMPLETION COS TS SII BTOTALE MATED OMPLETION CO 7,pW. 25,,67 1,176,/45.66 a69.P4T.a6 aaPra , —pin all koka m wry -iW. al e56mwee yuHil — Papa 4m4 P E R F O R M A N C E BOND STATE OF TEXAS § COUNTY OF NUECES § Bond No.: 105540348 KNOW ALL BY THESE PRESENTS: THAT Haas- Anderson Construction Ltd. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of Amer a corporation organized under the laws of the State of Connecticut _ 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 MILLION, FOUR HUNDRED FIFTY THOUSAND, FOUR HUNDRED THIRTY -TWO AND 12/100 ($1 450 432.12) 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, adm -4 tnrc anri ciir�necnrg InintIxr and catrerally_ firmly her l r l 3 these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus w Christi, dated the 25TH of JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE COMPLETION OF CONTRACT - PROJECT NO. 6278 (TOTAL UNIT PRICE + ADD PRICE NO. 1 * ADD PRICE NO,2: $1,450,432.12) 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 (} 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 tame, 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 day of 20 11 PRINCIPAL Haas- Anderson Construction, Ltd. By: (Print Name & Title) Presidant, Haas- Anderson Management, LQ ATTE�AT General Partner , (Print Name & Title) 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.O. Box 3280 Corpus Christi, TX 78463 -3280 Phone Number: _361 -883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3108) Performance Bond Page 2 of 2 P A Y M E N T B O N D womli STATE OF TEXAS § Bond No.: 105540348 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Haas - Anderson Construction, Ltd. of NUECES County, Texas, hereinafter called "Principal ", and Travelers Casualty and Surety Company of Ameri a corporation organized under the laws of the State of Connecticut , 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 Count, 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 MILLION FOUR HUNDRED FIFTY THOUSAND FOUR HUNDRED THIRTY -TWO AND 12/100 ($1 450 432.12) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum Wel 1 annul truly t e m we b ourselve h e ir s , )' o h \+.r T �- bzn se 4Vi� e ✓, our he irs, exe y;: l rJ, 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 25TH day JANUARY 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE COMPLETION OF CONTRACT - PROJECT NO. 6278 (TOTAL UNIT PRICE + ADD PRICE NO. 1 + ADD PRICE NO.2: $1,450,432.12) 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 n 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. r-^ Payment Bond Page 1 of 2 r- 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 "I as used herein are in accordance with and as defined in sail Article. The undersigned agent is hereby designated by the 5uret herein as the Agent Resident in Nueces County to whom any requisit notices may be delivered and on whom service of process may be ha in matters arising out of such suretyship, as provided by Art 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies; each one of which shall be deemed an original, this the day of 20 11 PRINCIPAL Haas - Anderson Construction, Ltd. By: (Print & Title) President, Haas- Anderson Management LQ ATTEST General Partner Ci / �eo Ham. IC6 A11/ ii (Print Name & Title) SURETY Travelers Casualty and Surety Corn )any of America.' B y: Attornev --i --fact. nt Name The Resident Agent of the Surety in Nueces Cdunx Texas, delivery of notice and service of process is: Agency: Keetch & Associates Contact Person : Kevin Keetch Address: P. O. Box 3280 Phone Number: 361-€ N -3803 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 INVALID WITHOUT THE RED BORDER I mo, POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of An - St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company r-- Attorney -In Fact No. 222582 Certificate No. 0037 43701 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Co Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity an Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly org the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of' (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Betty J. Baxter, Lee Anna Biesenbach, Kevin G. Keetch, Donna Kauf, Kerry J. Woods, Tracie Henderson, and Lonna Pokrant Insurance m pany, and d Guaranty anized under of the City of , State of Texa; , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guarauteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 28th day of June 2010 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty: Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company w ........ ! G J ,r., y y L 5e� 79� AT P i�.> °- a HAATPORD t P7 ° uBAL'3 a p.�....... -' L`L` J P i D b p i State of Connecticut By: " City of Hartford ss. Georg Thompson, —r tice President On this the 28th day of June 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authori so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I L- In Witness Whereof, I hereunto set my hand and official seal. 7AA W uv" G V My Commission expires the 30th day of June, 2011. pI/BL�� * Marie C. Tetreault, Notary public 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER - STPAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3057 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on - companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. SUPPLIER NUMBER TO BE ASSIGNED B'YTITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C� DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do busineE with the City to provide the following information. Every question must be answered. If the question i not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications an definitions. — COMPANY NAME: MASANDERSON CONSTRUCTION, Ltd. P. O. BOX: 176 P z STREET ADDRESS: a CITY: C. C ZIP: Zey � ,_7� 3. Sole Owner ❑ FIRM IS: 1. Corporation e 2. Partnership X' 4. Association 5. Other DISCLOSURE (QUESTIONS If additional space is necessary, please use the reverse side of this gage or attach separate sheet. 1 _ State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known.) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name /V/� Title 3. State the names of each " °� board member' of the City of Corpus Christi having an ownership rnterest constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." - Name WO Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person• Title• President, Haas- Anderson Management, M gyp- - Print) Geneial Partner Signa ture of Certifying Date: • DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities, operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager. Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in firm, including when such interest is held through an agent, trust, estate, or holding entity "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Christi for the purpose of professional consultation and recommendation. i ^ tL��RO CERTIFICATE OF LIABILITY INSURANCE OP IDEIDI DATE(MMIDD%Y yn RAAANCI 01/26/3 MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCROED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C(NIDITIONS OF SUCH PRODUCER Swantner & Gordon Ins Agcy -CC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA ZION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Higginbotham Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TYPE OF INSU! Po Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EAPIRATION DATE(MMIODA'" LIMITS Corpus Christi TX 78403 -0$70 Phone: 361- 883 -1711 Fax: 361- 844 -0101 INSURERS AFFORDING COVERAGE NAIC # NsuRED INSURER Travelers Lloyds Ins. Co 411262 INSURER Travelers Property Cas Co 251,674 DTCO5459B949TLC10 09/01/10 INSURERC; Phoenix Insurance Company 251,623 5 300,000 Haas - Anderson Construction Ltd _ P. O. Box 7692 Corpus Christi TX 78467 -7692 INSURERik Commerce & Industry Ins Co 19,410 NSURER E' / / COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITKIN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCROED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C(NIDITIONS OF SUCH POLI03 ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCFD BY PAID CLAIMS. INSR LTR DD'L NERD TYPE OF INSU! POLICYNUMBER 700 CY EFFECTIVF OATE(MMmDMYYY) POLICY EAPIRATION DATE(MMIODA'" LIMITS GENERAL LiABILRY EACH OCCURRENCE g 1,000,000 A X COMMERCIALGENERALLIARtLITY DTCO5459B949TLC10 09/01/10 09/01/11 P EO EO SE RENIS PREMI jE. arcufonce) 5 300,000 MEDEXP(my"n°pnrs"D) $ 5,000 CLAIMS MADE [L 1 OCCUR / / X XCU Included SEE ATTACHED PERSONAL A ADV INJURY s 1,000,000 X Employee Benefits GENERAL AGGREGATE S 2,000,00o GENL AGGREGATE LENT APPLIES PER: PRODUCTS- COMPIOPAGG S 2.000_000 _ _ _. _ .. .. ., _ _ _ PRO- POLICY X JECr LOC B AUTOMOBILE LIABILITY ANY AUTO BA545SB95010CNS 09/01/10 09/01/11 COMBINED SINGLE LIMB EeBCtlenn 1 ' 000,000 ALL OWNED AUTOS aCHEOULEP AUTOS / ' BODILY INJURY (Per erson P) S r XX BODILY IMIURY NON OWNED AUTOS (Per RCCItle,MJ S hC PROPERTY DAMAGE MCS -90 GARAGE LULBILRY AUTO ONLY - EA ACCOEW g OTHER THAN EAACC S ANY AUTO S AUTO ONLY: AGO EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE g 2,000,000 D X OCCUR ❑CLAIMS MADE 7105000127-101 09/01/10 09/01/11 AGGREGATE s 2,000,000 s S S QFJIUCRBLE $ RETENTION S C WO RKERSCOMPENSAwON ANDEMPLOYERS'LS ILUY YIN ANY PROPRIETOWPARTNENIEXECUTIVE DTNUB0470C16210 09/01/10 09/01/11 X WC STATL]- OTH- TORY LIMITS ER E.L. EACH ACCIDENT S 1,000,000 OFFICERVEMBER EXCLUDED7 N Uilmtltory IANH) / E,t, EYvSEASE -EA EMPLOYEE S 1, 000, oo0 117-. d-.be °RBBY SPECIAL PROVISIONS balm f( E. L. DISEASE. POUCY LIMIT E 1,06o,000 OTHER DESCRIPTION OF OPERA71ONSI LOCATIONS !VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Corpus Christi is named as additional insured on all general liability (GL) and all automobile liability (AL) policies. RE: LAGUNA SHORES ROAD REHABILITATION - Graham Road to Hustlin' Horney Drive Comletion of Contract - Project 6278 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DERCRIBED POLICIES RE CANCELLED BEFORE THE EXPIRATION CICC —`.a DATETHEREOF, THE ISSUING INSURER WUL ENDEAWR TO MAIL 30 tl )AV$WRNTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOM SO SHALL City of Corpus Ch risti IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,TrSAGENTS OR Engineering Services REPRESENTATIVES. Contract Administrator AuTN I� P.O. Box 9277 P orpus Christi TX 78469 -9277 ACORD 25 (2009101) O 1988 -2009 A OR ORATION. All rights rese 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 a contract between the issuing insurer(s), authorized representative or producer. and the certificate holder. nor does it affirmatively or negatively arse_ nd. extend or alter the coverage afforded by the policies listed thereon. r 1 rt[d41:L451 mac' A 3 NOTEPAD: INSUREA'SNAME Haas- Anderson Construction Ltd OPIDEIDT nA si ze /11 City of Corpus Christi - Certificate of Insurance Attachment General Liabilitly includes premises- operation, explosion & collapse hazard, underground hazard, products/ completed operations hazard, contractual insurance, broad form property damage coverage, independent contractors and personal injury Automobile Liability includes owned, hired and non -owned autos Workers Compensation includes owners, partners, executive officers. Haas- Anderson Construction, Ltd. Travelers Lloyds Insurance Company policy #1TTCO54598949TLC10 Term: 09/01/2010 to 09/01/2011 City of Corpus Christi PO Sox 9277, Corpus Christi, TX COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: i1 rimy with rgcnwrt . in liahility fnr'hoeiily initirv"_ "property damage" or "personal injury": and b) If, and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your wont" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional ire sured does not apply to 'bodily injury', 'prop- erty damage' or personal injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications, and 11. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage' caused by your work" and included in the "produces- completed op.. . erations hazard' unless the 'written contract requiring insurance' specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the 'written contract requiring insur- ance" requires you to provide such coverage or the and of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the 'written contract requiring insurance' specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named Insured for such loss, and we will not share with that `other insurance ". But the Insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance', whether primary, excess, contingent or on any other basis, that Is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance'. 4. AS a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include ?8469 CG D2 46 N d5 0 2005 The St. Paul Travelers Companies. Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I, How, when and where the 'occurrence" or offense took place, ii. The names and addresses of any injured persons and witnesses; and ill. The nature and location of any injury or damage arising out of the 'occurrence' or offense. b) If a claim is made or 'suit' is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or'suir and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or 'suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit, cooperate with us in the investigation or settlement of the claim or defense against the "suit, and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured b this endorsement is primary to "other insur- ance' available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: 'Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a Nomaw,� OF 3iyainca�nV as an adjudeiGrid itN erar1 nn.shit rtnuarsns part nrnYiti at. * the 'bodily iryury" and "property damage ao- curs and the 'personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Named Insured: Haas - Anderson Construction, Ltd. Policy # DTCO5459B949TLC10 Policy Term. 09/01/2010 to 09/01/2011 / Authorized Represents 've: R. M. Lee, Managing Director Swantner & Gordon Insurance Agency, LLC P.O. Box a'70, Corpus Christi, TX 78403 -0870 Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc_ CG 02 46 09 o5 Haas- Anderson Construction, Ltd. COMMERCIAL AUTO POLICY NUMBER BA5459B9501OCN5 ISSUE DATE: 08/27/2010 Policy Term: 09/01/2010 to 09/01/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This en"ement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage f=orm apply unless modi- fied by this endorsement This endorsement identifies person(s) or organizations) who are insureds' under the Who Is An Insured Proyi- _ sbn of the Coverage Form. This endorsement does not after coverage provided in the Coverage Form. SCH9DULE ieame � �eravr�(s j v"r yr gSe�iiiiw3Ti�a j: City of Corpus Christi _ ANY PERSON OR ORIi711iI7.kTI0N THAT Y010 IOitS REQUIRED T I AS AN J►DDITI P. O. Box 9277 INSURED ON TRIS COVER&OE FORA IN A Corpus Christi, TX 76469 -9277 NRITJ.'Etl CONTR]LCT OR AGREENINT THKT IS SIMI D AIM EXECUTED BY YOU BEFORE THE •BODILY INJURY' OR 'PROPERTY DANAGE" OCCtiR9 MID THAT IS IN EFFECT DURING THE POLICY PERIOD (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement_) Each person or organization shown in the Schedule is an insured` for Liability Coverage, but only to the extent thal person or organization qualifies as an "insured` under the Who Is An Insured Provision contained in Section II of the Coverage Form. T Travelers Property Casualty Co Authorized Representative! / P.M. Lee, Managing Director Swantner & Gordon Insurance Agency, LLC P. O. Box 870, Corpus Christi, TX 78403 -0870 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 i Haas- Anderson Construction, Ltd. POUCYNUMBER: DTCO54598949TLCIO ISSUEDATE: OB/27/2010 Policy Term; 09/01/2010 to 09/01/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - , DESIGNATED ENTITY EARLIER NOTICE OF CANCELLATIONMON RENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: I o F! BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART — CONTRACTORS COMMERCIAL INLAND MARINE COVERAGE PART C,;UfY MERCiAL PROPER f COVERAGE PART DELUXE PROPERTY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EXCESS (FOLLOWING FORM) LIABILITY INSURANCE FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30 NAME: .CITY OF CORPUS CHRISTI ADDRESS: ATTN: CITY RISK XVU GER P.O. BOX 9277 CORPUS CSRISTI TX 78469 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days e- (Nonrenewal) endorsement applicable to this s- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above, amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, is h- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of flays indicated above before the effective nonpayment of premium, the number of days s- date to our action. quired for notice of When We Do Not Renew Swantner & Gordon Insu nce Agency, LLC (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any R. 7. Lee, Managing irector P.O. Box 870, Corpus Christi, TX 78403.081 IL FO 26 09 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 Haas - Anderson Construction, Ltd. COMMERCIAL AUTO POLICYNUMBER: BA5459B9501OCMS ISSUEDATE: ° Term: 09/01r201Q t THIS ENDORS94i9f / 84ANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. Number of Deys' Nlotlee 30 Name Of Psrson Or Organization City of Corpus Christi P. O. Box 9277 Addr'eaf Corpus Christi, TX 78469 -9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. Travelers Property Casualty Co Authorized Representative: R. M. Lee, Managing firector Swantner & Gordon Insurance Agency, LLC P.O. Box 870, Corpus Christi, TX 78403 -0870 CA 02"06 04 0 ISO Properties, Inc., 2003 rage 1 of 1 Haas - Anderson Construction, Ltd. Policy Term: 09/01/2010 to 09/01/2011 TRAVELER5� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 06 01 (00) POLICY NUMBER: DTNUE047OC16210 � M TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. in the event of cancelation or other material change of the policy we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. = t .,. =z te d; -tlu nr inriirartly to benefit anyone not named in the Schedule. SCHEDULE NUMBER OF DAYS ADVANCE NOTICE: 30 (or *`) 2. NOTICE WILL BE MAILED TO: CITY op CORp4TS CEIRI ATTN: C-M RISX XMGSR P.O. Sol 9277 CORPUS CHRISTI, TI 78469 •• Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. Phoenix Insurance Company i AuQwvWWW Rep / R. M. Lee, Managing Director Swantner k Gordon Insurance Agency, LLC P. O. Box 870, Corpus Christi, TX 76403 -0870 DATE OF ISSUE: 09/27/2010 ST ASSIGN: 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 a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, oxtenri nr altar the rnuerane affnrctert by the noticies listed thereon. ACORD 25 (2004101)