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HomeMy WebLinkAboutC2011-107 - 1/25/2011 - Approvedi 2011 -107 M2011 -033 01/25/11 Grace Paving & 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 F O R M S O F C O N T R A C T S A N D F O R B O N D S ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS - CITY WIDE FY 2010 -2011 Prepared by: Felix H. Ocanas, Jr., P.E. ENGINEERING & CONSTRUCTION MANAGEMENT DEA: ELMS, LLC Reg.No. F -3899 5001 Oakmont Drive Corpus Christi, Texas 78413 Phone: 361/549 -4576 Fax: 361/851 -1204 SERVICES FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1881 Fax: 361/826 -1889 IPROJECT NO: E10126 IDRAWING NO: STR 844 (Revised 7/5/00) ID/IQ Minor Street Pavement Improvements - City Wide FY 2010 -2011 Project #E10126 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March, 2009) 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 -I5 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (Not Used) A 18 Schedule and Sequence of Conntruction(Not Used) A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Signs (Not Used) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (Not Used) A -24 Surety Bonds A 25 Saks Tax Exemption NO LONGER A]rLTCABLTs (6/11/98) (Not Used) A -26 Supplemental Insurance Requirements A 27 Rcsponoibility for Damage 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 (Not Used) 36 Other Submittals (Rcviacd 9/18/00) (Not Used) A -37 Amended "Arrangement and-Charge for Water Furnished by the City" (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ccrtifi atc of Occupancy and Final Aceeptafoc (Not Used) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) (Not Used) A 46 Di..posal of Highly Chlorinated Water (7/5/00) (Not Used) (Not Used) A -48 Overhead Electrical Wires (7/5/00) A- 49 Amend "Maintenance Guaranty" (8/24/00) A -51 Pavement Repair, Curb and Gutter A -52 Backfilling Behind New Curbing A -53 Curb & Gutter Cutting & Doweling A -54 Site Sequencing and Maintenance A -55 Saw Cutting Existing Concrete and /or Asphalt A -56 ADA Compliance. A -57 Sidewalks and Driveways A -58 Concrete Curb and Gutter A -59 Standard Specifications A -60 Construction Drawings A -61 Amended "Prosecution and Progress" F. . ATTACHMENT "A "— TYPICAL 4 "/6" CURB AND GUTTER DETAIL. PART B — GENERAL PROVISIONS PART C — FEDERAL WAGE RATES AND REQUIREMENTS PART S — STANDARD SPECIFICATIONS 025202 - Scarifying and Reshaping Base Course S23 025205 - Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement (S -54) 025220 - Flexible Base - Chemically Stabilized (S -24) 025222 - Flexible Base — High Strength (S -24A) 025402 - Planing Asphaltic Surfaces (S -27A) 025404 - Asphalts, Oils, and Emulsions (S -29) 025410 - Crack Sealing - Asphalt S36 025412 - Prime Coat (S -30) 025416 - Seal Coat S31 025418 - Surface Treatment S32 025419 -- Slurry Seal S37 025422 - Cold Mix Limestone Rock Asphalt Pavement (Class A) (S -33) 025424 - Hot Mix Asphalt Concrete Pavement (Class A) (S -34) 025610 - Concrete Curb and Gutter (S -52) 025612 - Concrete Sidewalks and Driveways (S -53) 030020 - Portland Cement Concrete (S -40) 032020 - Reinforcing Steel (S -42) 038000 - Concrete Structures (S -41) PART T - TECHNICAL SPECIFICATIONS T7. - 025614 - Concrete Curb Ramps T2 -- 351(REV) - Flexible Pavement Structure Repair T3 - T- 000500 Mobilization / Demobilization T4 - T- 025802 - Temporary Traffic Control used During Construction LIST OF DRAWINGS COVER SHEET, LEGEND & NOTES Sheet 1 - Title Sheet, Vicinity Map and Sheet Index Sheet 2 - Legend and Abbreviations Sheet 3 - General Notes BID SCHEDULE AND SCENARIOS Sheet 4 - Bid Schedule Sheet 5 - Williams Drive, Hypothetical Scenario #1 Sheet 6 - S. Staples Street, Hypothetical Scenario #2 Sheet 7 - St. Andrews Drive, Hypothetical Scenario #3 CURB & GUTTER SIDEWALK AND DRIVEWAY DETAILS Sheet 8 - Curb, Gutter, and Sidewalk Details Sheet 9 - Standard Driveway Details Sheet 10- Standard Driveway Details MANHOLE RING & COVER ADJUSTMENT DETAILS Sheet 11- Sanitary Sewer and Storm Water Manhole Standard Details Sheet 12- Storm Water Manhole Standard Details Sheet 13- Sanitary Sewer Manhole Standard Details WATER VALVE ADJUSTMENT DETAILS Sheet 14- Standard Water Details REFERENCES - TRAFFIC CONTROL PLANS Sheet 15 thru 26 - Typical Application Traffic Control Detail(s) NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: ID /IQ Minor Street Pavement Improvements - City Wide FY 2010 -2011, Project No. E10126; consists of Indefinite Delivery Indefinite Quantity (IDIQ) construction contract to perform minor street pavement repairs involving minor street pavement rehab /replacement, base repairs, sub -grade stabilization . throughout the City. The work will be issued in Delivery Orders (work orders) that will provide specific scope and requirements. The work may include saw cutting, crack sealing, seal coat, milling, curb & gutter, and other minor utility manhole ring & cover, valve adjustment in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday December 1, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 2:00 p.m., Tuesday November 23, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 556. 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, TT 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.. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised March 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. Independent Contractors 10. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tern environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT fl REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements • REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ❑ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑ The name of the project must be listed under "description of operations" on each certificate of insurance. ❑ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6 -1 I or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 1'1'1'LE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) —A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC-82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(l). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement --A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project—Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity fl rnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project—Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to . administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific ' document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission roles. 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, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall.: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten da s after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6of11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rale 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 1 10.1 10(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 o r 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 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ('certificate') -- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC 82, TWCC 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §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 fling 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: (I) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and 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. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify' the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be fled with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS - CITY WIDE FY 2010-2011 SECTION A -. SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2 p.m. Wednesday December 1 2010 mailed should be addressed in the following manner: with the official will be received in floor of City Hall, 2010. Proposals City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - ID /IQ Minor Street Pavement Improvements - City Wide FY 2010 -2011 Project No. E10126 Any proposal not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting is scheduled for 2:00 g.m., Tuesday November 23, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project 1 This is an, Indefinite Delivery /Indefinite Quantity (IDIQ) construction contract to perform minor street pavement repairs involving minor street, pavement rehab /placement, base repairs, sub -grade stabilization throughout the City. The work will be issued in Delivery Orders (work orders) that ;will provide specific scope and requirements. The work may include saw cutting, crack sealing, seal coat, milling, curb & gutter and other minor utility .manhole ring & cover, valve adjustment in accordance with the plans, specifications and contract documents. A City representative will be assigned full time to perform the construction management functions. All work will. be inspected and approved by the representative on a daily basis. A -4 Method of Award The bids will be evaluated based on the following, subject to availability of funds. Total Base Bid = Total Extended Unit Prices 4. Total Extended Hypothetical Prices Section A. - SP ? (Revised 12/15/04) Page 1 of 25 The City intends to award this Indefinite Delivery /Indefinite Quantity (IDIQ) Contract for approximately $1,740,000 in the initial year. This contract has the provisions to be a multiple year contract with an initial 12 -month period and may be renewed for up to two (2) additional 12 -month periods. Renewal will be based on the Contractor's successful performance of the delivery order, approval by the City, and concurrence by the Contractor. The renewal will allow for a City approved economic adjustment, based upon published and acceptable indices. The Engineer will issue individual delivery orders with specific line items using the Contractor's proposed unit prices. 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. The bid documents include hypothetical scenarios to help establish unit costs and to gain an understanding of the types of anticipated delivery orders. However, there shall be no expectation (by the Contractor) that all bid items and /or quantities will be awarded'in this contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. The hypothetical quantities shown in the bid item tables are not intended for award but will be used for bid evaluation purposes only. The contract award value will be based on current budget allocations. The Contractor will have no basis for a claim against the City, if the actual award of delivery order total is less. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference ID /IQ MINOR REPAIR STREET PAVEMENT IMPROVEMENTS FY 2010 -2011, PROJECT No. E10126 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. The information required and identified in A -28, A -29 and A -30. A -6 Time of Completion /Liquidated Damages The initial contract duration shall be 12 Months and will be subject to renewal for up to two (2) additional 12 -month periods. Each delivery order will be issued with an allowable working time (calendar days) and will typically be based on the production rates identified in the Working Time Table shown below. • The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 72 hours of receiving 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 Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon the production rates shown in the table below. Section A - $P (Revised 12/15/04) Page 2 of 25 WORKING TIME TABLE Description Typical Time (Calendar Days Allowed for each Delivery Order Mobilization, Including Traffic Control Three (3) days per Delivery Order Flexible Pavement Structure Repair, Including Sub- grade, Base and Surface Treatment Repair: 1 to 1,000 Square Yards 15 Days per Delivery Order 1,000 to 2,000 Square Yards 20 Days per Delivery Order 2,000 to 3,000 Square Yards 25 Days per Delivery Order 3,000 to 5,000 Square Yards 30 Days per Delivery Order Planing (Milling) 1 to 2,000 Square Yards 5 Days per Delivery Order 2,000 to 4,000 Sq.Yds 10 Days per Delivery Order Surface Coats and Seals Seal Coat 1 to 3,000 Sq. Yds. 10 Days per Delivery Order Crack Seal 1 to 1,000 Sq. Yds. 3 Days per Delivery Order Slurry Seal 1 to 3,000 Sq. Yds. 10 Days per Delivery Order Sanitary and Storm Water Manholes, Water Valves, Curb & Gutter 1 to 10 Manholes / Water Valves 2 Days per Manhole Curb and Gutter Replacement 5 Days per 100 Lineal Feet 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 from the monthly pay estimate. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until thedate 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 tol 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 alllsuch 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. Section A - SP (Revised 12/15/04) Page 3 of 25 1 A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section 8-2 of the General Provisions. A3,9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A =10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heaver and Highway Construction. In arc Minimum Prevailing Wage ScRlas The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, wOrkman, or mechanic. employed, if such person is paid less than the specified rates for the c1'a9sification of work performed. .The Contractor and each subcontractor must keep an - accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each wrirker. The Contractor will make bi- weekly certified payroll submittals to the City sneer. The contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for .Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A=11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall 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 System at 1 -800- 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractorrs convenience, the following. telephone numbers are listed. City Engineer 826 -3500 Project Engineer, Felix Ocanas 851 -1203 (549 -4576 after hours) Engineering & Construction Traffic Engineering Police Department Water Department Wastewater Department Gas Department Management Services, 826 -3540 826 -2600 826 -1881 826 -1800 826 -6900 LIC Registration No. F -3899 (826 -1888 after hours) (826 -1888 after hours) (826 -1888 after hours) Section A - SP (Revised 12/15/04) Page 4 of 25 Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) 1'4C (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -1875 826 -3461 857 -1940 1- 800 - 373 -4858 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972- 753 -4355 (880 -3140 after hours) (1- 800 - 824 -4424, after hours) 826 -3747 (857 -5060 after hours) (Pager 800 -724 -3624) (Pager 888 -204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground_ The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse'impact on the accessibility to the public. This may incude, 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 Section A - SP (Revised 12/15/04) Page 5 of 25 Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A =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 applicable bid item; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken other unwanted material becomes the removed from the site by the Con considered subsidiary; therefore, Contractor. A -17 Field Office NOT USED asphalt, concrete, broken culverts and property of the Contractor and must be tractor. The cost of all hauling is no direct payment will be made to A 18 Schedule and Sequence of Construction (NOT USED) Section A - SP (Revised 12/15/04) Page 6 of 25 The plan muot indicate the schedule of the following work itcmo: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to for review. identifying Work separate stages and ether logically grouped 3. Cubmittal Datco: IncUcatc oubmittal datco required for all oubmittalo. 5. Periodic Update: Cubmmt Updated Construction Progreso Schedule to show actual progress of each otagc by percentage -against initial Cchedule. A -19 Construction Project Layout and Control ocetiono, measurements, bench marko, baselines, required to conotruct a project of thio nature. Major controls and two (2) bench marko required for project layout, will be provided by the City or Consultant Project Engineer. • etc. that are normally control of the work. The Contractor shall furnish all lines, slopes, and measurements for control of the work. Project Engineer 18 hours notice oo that alternate control points can be established by the City or Conoultant Project Engineer as ncccooary, at no .coot to the Contractor. Control paints or bench marko damaged as a result of the Contractor's negligence will be restored by the City or Conoultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed lino and QZ- the City or Consultant Project Engineer prior to deviation. If, in the ep-inon of the City or Consultant Project Engineer, the required deviation Engineer to revise the drawings. The Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at paving preccss. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the mcaauri g of the completed work. The Contractor shall provide the following certification for documentation the Contract Documents, plans and Party R.P.L.C. shall be approved by the City prior to any work. Any disercpancico shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Section A - 5P (Revised 12/15/04) Page 7 of 25 Ctrccts: Wastewater: Water: +: All top of valves box; Stormwater: A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) following drawings. (Attachment W)- The signs must be installed bcfe e the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy {Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives-of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A. - SP (Revised 12/15/04) Page 8 of 25 b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies combination of the foregoing under on a City contract. firm, partnership, corporation, herein identified as providing , equipment, materials or any contract with a prime contractor 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). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at. least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 12/15/04) Page 9 of 25 '1 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are . applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City. Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) The Contractor shall assure the appropriate building incpcctiona 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 ie completed and ready for occupancy. Contractor must ebtain the Certificate of w -- 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 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 Section A - SP (Revised 12/15/04) Page 10 of 25 Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurers capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the united States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) -following substituted in lieu thereof. £cction 3.291 of Chapter 3, Tax ?dminiotration of Title 34, Public Finance of ipomulgated by the Oeffiptroller of Public Accounts of Texas. 1. Obtain the necessary salt❑ tax permits from the Ctatc Comptroller. 2. Identify in the appropriate space on the "£t-atemcnt of Materials and Other Charges" in the proposal form the cost of materials physically 3. Provide resale certificates to suppliers. proposal value of materials. If the Contractor does not elect to operate under a separated contract, he also complies with the above requirements. The Contractor must resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. issue a A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer Section A - SP (Revised 12/15/04) Page 11 of 25 covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) is amended to include: Contractor must provide Builder's Risk or Installation Floater insurance City finally accepts the Project or work. Buildcr'n Risk or Installation additional insured on any policicsa providing such insurance- coverage. Section A - SP (Revised 3.2 /15/04) Page 12 of 25 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, the City Engineer will require a bidder to provide with the proposal documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. 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 must be provided with the proposal and will be reviewed by the City .Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. Section A - SP (Revised 12/15/04) Page 13 of 25 A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: propoonla, All bidders must submit to the City Engineer with the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; proposal the 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, . the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. With the proposal form, the bidder must submit in letter form, information identifying type of entity and state, i.e., Texas (or other Section A - SP (Revised 12/15/04) Page 14 of 25 state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work 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. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor Orientation Prior to perfe ming work at any City water facility, the Contractor, h s subcontractors, and each of their cmploycco must have on their person a valid card certifying thcir prior attendance at a Visitor /Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor /Contractor Safety Oricntatien Program will be offered by authori -zcd. City Water Department peraonael for those persons who do not have such a card, Section A - SP (Revieed 12/15/04) Page 15 of 25 valve, cquipmcnt, nwiteh, breaker, control, or any other item C. rrotcction of Water Quality Dcpartmcnt to protect thc quality of the watcr. D. Conformity with ANSI /NSF Standard 61 transportation, rcta-1lation, and inopection of pumps, or any other itcmo, which could comc into contact with potablc water, must conform to American National Standards Inotitutc /National Canitation Foundation (ANSI /NSF) Standard 61 ao dcocribcd in thc Standard Specification°. thread compounds, coatings, or hydr -xc equipment. Thane itemo must not be uocd unlcoo they conform with ANSI /NSF Standard 61 and unlcoo ouch items are inspeeted on the nitc by authorized City peroonnel immediately prior to uoc. Thc Contractor shall provide thc En.ginecr with copico of writtcn proof of ANCI /NCF Standard 61 approval for all materialo which could comc into contact with potablc water. All trash gcncratcd by the Contractor or his cmploycco, agcnto, or- subcontractores, muot bc contained at all timed at thc watcr facility cite. Blowing traoh will not be allowed. Thc Contractor shall keep work area€- clean at all times and removc all traoh daily. CONTRACTOR'S ON SITE PREr2RATioN F. Contractor,o peroonnel must wear colored uniform ovcrallo othcr than orange, blue, or white. Each employes uniform must provide C. Contractor aha-11 provide tcicphonco for Contractor peroonncl. Plant telephones are not available for Contractor ue. H. Working hours will bc 7 :00 A.M. to 5:00 P.M., Monday thru Friday. i. Contractor muot not uoe any City facility rcatroomo. Contractor muot provide own oanitary facilitico. J. All Contractor vchicico muot bc parkcd at dcoignatcd sits, ao designated by City Water Dcpartmcnt staff. All Contractor vehiec must bo- cl arly labcicd with company name. No private cmployco personnel muot be in company vch elcs. During wor-kiRg ho.ura , Section A - SP (Revised 12/15/04) Page 16 of 25 contractor employees must not 1 avc thc dcoignatcd construction ar a nor wander through any buildings other than for required work ACQUICITION) work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customising, debugging, calibrating, or placing in and control system business, prcfcrably as applied to the munielpal water and wastcwatcr industry. and complexity as required in this Centract on at least three prior projects. 3. He has been actively engaged in the type of work specified hcrcin for at least 5 years. 4. Systems Engineer, or an Electrical Engineer to supervise or and implementing thc specific- computers, RTUS's, and 6. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein_ 7. He shall furnish equipment w rich is the product of one manufacturer to the maximum practical extent. Where this is not practical, all equipment of a given type will be the product of one manufacturer. & Prior performance at -thc 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. D. The Contractor shall produce all filled out programming blocks- required to show the programming as needed and required, to add thcoc two systems to the- existing City SC2DA system. Attached is an example of the required programming blocks which the City requires to be filled in is not intended to show all of the required sheets. The Cent acter will provide all programming blocks used. L. Trcnching Re9uircmcnts Section A - SP (Revised 12/15/04) Page 17 of 25 ohall be allowed on thc projcct. A -36 Other Submittals (NOT USED) 1. Transmittal Form attached at thc end of thin Ccction; and scqucntially nutbcr each tranomittal form. Rc submittals must havc the original submittal number with an alphabctic suffix. Contractor must identify thc Contractor, the Subcontractor or opccifia.tion section number, ao appropriate, on each submittal form. construction work, and coord nation of information, yip all in accordance with thc rcquircmcnto of thc Projcct and Contract dew- Project, and deliver to the City Engineer for approval, and coordinate thc submiooion of related itcmo. products, models, eptiono, and other data. Supplement manufacturers' standard data to grovidc information unique to thin L'rojcct. Contractor and Engineer revicw stamps on all oubmittal forms. any inability to comply with provisions. 2. Samples: The Contractor must oubmit samples of finishes from thc full range of manufacturers' otandard colors, tcxturco, and patterns for City Section A - SP (Revised 12/15/04) Page 18 of 25 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all -shop test data, and repair report, and on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The issuance of a certificate of occupancy for improvements does not A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: Section A - SP (Revised 12/15/04) Page 19 of 25 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, material man, 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, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. 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 15 AD Built Dimensions and Drawings (7/5/00) (NOT USED) (a) Contractor shall make appropriate daily measurements of facilities vertical) of all facilities- (b) Upon completion of each facility, the Contractor shall furnish show as built dimensions and locations of all work constructed. As aimum, the final drawings shall include the followiag. (1) Horizontal and vertical dimensions due to Changes in equipment and dimensions due to substitutions. "Nameplate" data on all installed equipment. Deletions, additions, and changes to scope of work. (5-) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) in the water, particularly high levels of chlorine, will be used for disinfection, an& may exceed the permissIbIe limits fee discharge into wetlands or environmentally sensitive areas. These arc regulated by numerous agencies such as TNRCC, EPA, etc. It will be the Contractor's responsibility the City for approval. There shall be no separate pay for &ispocal of highly for disposal of contaminated water. Section A - SP (Revised 12/15/04) Page 20 of 25 A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) For existing pipelines which parallel and arc within tcn feet (10') of proposed pipelines of the project, Contractor shall excavate and expose sa4d 300 fcct maximum O.C. Contractor shall then prepare a report and submit it to the City for approval ndi ating the Owner of pipelines excavated and surveyed, as well as the elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all 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 Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard . to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. 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." Section A - SP (Revised 12/15/04) Page 21 of 25 calcndar days. A -51 Pavement Repair, Curb & Gutter The intent of the pavement repairs is to provide the amount of pavement necessary to provide a smooth transition and an acceptable cross -slope from the existing pavement to the new curb and gutter. Initially, the contractor shall only excavate a sufficient width of existing pavement to provide enough working room for the installation of the curb and gutter concrete forms. This is usually approximately twelve (12) inches. After the new curb and gutter has been placed and the concrete forms removed, the Engineer shall inspect the site and make a field documentation as to the exact width of pavement to be removed and replaced to provide the aforesaid satisfactory. transition. Pavement repair shall be full -depth Hot Mix Asphalt. The minimum thickness shall be one -and one -half (1.5) inches. However, greater depths of thickness can, and should, be anticipated. The conditions and depths will vary from location to location. Where depths in excess of three (3) inches are encountered, the asphalt shall be placed in two (2) lifts of approximately equal thickness. No additional payment will be made for saw cutting the curb and gutter from the driveway approach when the driveway is to remain in place and only the curb and gutter is to be replaced. A -52 Backfilling Behind New Curbing Since the work involves the removal and replacement of existing curb and gutter, sidewalks, and driveways to new grades, it is anticipated that quantities of backfill material will be used adjacent to these improvements. The material used shall be good quality topsoil that is free of roots, clods, and any other items that detract from its appearance or hamper the growth of new grass. The amount required at each location will vary, but it is the intent that a smooth transition be provided between the new construction and the existing natural ground, and that adequate drainage patterns be established. The cost of the backfill material shall be considered subsidiary to the project. A -53 Curb and Gutter Cutting and Doweling Where existing curb and gutter is cut for removal and replacement, the cut shall be by means of saw, to a sufficient depth to ensure that the curb and gutter that is to remain does not break when the adjoining portion is removed. If reinforcing steel exists, a sufficient length shall be left intact to provide a tie for the reinforcement in the proposed curb and gutter. If no reinforcing steel exists, the Contractor shall drill a minimum of six inches into the existing curb and gutter and install dowels to locations where no reinforcing steel exists, an expansion joint shall be placed between the existing and proposed curb and gutter. A -54 Site Sequencing and Maintenance Whether performing construction in either Part A, Part B or Part C in preparation of the construction schedule for a particular list, the Contractor has the option of performing the work on the various sites in Section A - SP (Revised 12 /15/04) Page 22 of 25 whatever sequence fits his method of operation. However, all sites where construction operations are in various stages shall be monitored on a daily basis, to insure that all trench cuts, driveways, barricading, etc are kept in good condition. The intent of this provision is to ensure that all sites that may not be actively worked on during any particular day are kept in a condition so that citizen's complains, and /or inquiries, are eliminated because of what may be perceived as no project activity. A -55 Saw Cutting Existing Concrete and /or Asphalt All cuts made at locations where existing concrete and /or asphalt are to meet the proposed, shall be made by saw cutting. This includes, but is not limited to, curb and gutter, sidewalks, ramps, etc. The intent of this provision is that lines where proposed and existing construction meet shall be straight and neat. A -56 ADA Compliance The construction on this project shall provide for ADA compliant facilities, even if none previously existed. If curb and gutter is removed and replaced at an intersection, or some other location where pedestrian crosswalk access exists, the Contractor shall construct barrier -free ramps as shown on the Standard Detail sheets. The ramps shall be constructed per Technical Specification T- 025614. A -57 Sidewalks and Driveways Sidewalks and driveway approaches that are removed and replaced as part of this project are to be reconstructed to City standards with regard to thickness and types of materials used. However, all sidewalks and driveway approaches shall be reconstructed to the same dimensions as existed. It is not the intent of this contract to provide property owners with an increase in sidewalk and driveway facilities. It is anticipated that over 90% of the sites will contain sidewalks that are separated from the curb with a grass median strip. However, if tied sidewalk is present at a specific location, the replacement of the sidewalk shall be per City standards. The installation of curb -to- sidewalk dowels and the thickened concrete edge shall be considered subsidiary to the unit price bid for the Removal and Replacement of Sidewalks. The removal and replacement of sidewalks and /or driveway may, in some case, require re- establishing new grades. The Contractor shall cut or fill as required, to establish the new grade. The cutting or filling may also require the removal of obstructions such as tree roots or other debris found. A -58 Concrete Curb and Gutter The concrete curb and gutter that is removed and replaced on this project may have several different configurations. Some may be the 4 -inch roll -type curb and some may be the 6 -inch standard -type curb. There may also be some cases where the curb and gutter has a unique configuration. The intent is to replace the existing with new, that matches the existing configuration as closely as possible. The new curb and gutter shall be constructed to City standards with regard to the types of materials used, spacing of expansion joints, reinforcing steel, etc. in accordance with the City's standard details. Modifications to the configuration shall be considered subsidiary. The typical curb section shall be as shown on the Typical Section as shown elsewhere in these documents. Section A - SP (Revised 12/15/04) Page 23 of 25 A -59 Standard Specifications (NOT USED) project. 0222 "Flcxible Base High Strength S---24A)" shall be uocd, extra pay. A -60 Construction Drawings The 11 "x17" drawings included in the contract documents are excerpts, taken from City of Corpus Christi Standard Detail Sheets. This means that some details may not, at all, be applicable to this project. It also means that some details will, or will not apply to specific situations and /or specific locations and the Contractor shall not use these discrepancies as a basis for extra pay. A -61 Amended "Prosecution and Progress" Under "General Provisions and Requirement 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 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS - CITY WIDE FY 2010 -2011; PROJECT No.E10126 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Felix H. Ocanas Jr., P.S. ELMS CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: THE MINIMUM REQUIRED SUBMITTALS DURING CONSTRUCTION ARE AS FOLLOWS; Materials Data as required for IIMAC Type D, and Limestone for Base. A -30- Data on proposed subcontractors, other than those approved before start of construction. A- 29- Construction field and administrative personnel qualifications Schedule of construction with start and finish dates for each delivery order, submitted prior to start of work. Monthly Pay requests with payroll data. Contractor's measurements and quantities of completed work after completion of each delivery order. Section A - SP (Revised 12/15/04) .Page 25 of 2S 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 Grace Paving and Construction, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: T. .� �; . +Y .. • 1 61 own AAA AA i.._ City 111 4..\ 11.. .1 u'cLct .lvil 'J,� L11C. pcxym' J1L. Ll Y'J. VsV, VVV • VV ]J 1( Ci Ly d1IU other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS CITY --WIDE FY 2010 -2011 PROJECT NO.E10126 (TOTAL BASE BID: $1,840,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, 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 i City Secretary APPROVED AS/TO 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 CORPUS CHR TI By: Juan Perales, r.,P. . Assistant City Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Grace Paving and Construction, Inc. f ] By: .rj rt Title: <-171/'e006e4' 4237 BALDWIN BLVD. (Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/883 -3232 * 361/883 -1296 (Phone) (Fax) MD33 Rttr'cm ozaa r coma ..,.(21 �( Page 3 of 3 Rev. Jun -2010 P R O P O S A L 1 F O R M F O R In/IQ MIFM S TREyT P" r EV1i\ T IMV'OVEME TS CITY WIDE FY 2010 -2011 PROJECT No. E10126 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 11 P R O P O S A L Place: Corpus Christi,Nueces County, Texas Date: Decembers, 2010 Grace Paving and Construction, Inc. Proposal of a Corporation organized and existing under the laws State of Texas OR a Partnership o ndividual doing business as of the TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS — CITY WIDE FY 2010 -2011 PROJECT No. E10126 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 11 BID SCHEDULE PROJECT NO. E10126 TOTAL BASE BID Part "A" (Bid Items Al -A14): Proposal Form 3 of 11 $ 41°2 52, $7) part 'A" - ID /IQ Minor Street Pavement Improvements General Items - City wide ITEM QT' Description ® Unit Price Extended Cost A -1 Mobilization /Bonds /Insurance; See T- 000500 for Mobilization Payment % LS 62. )1105° No F l 1745'50 A -2 90 Traffic Control, Residential Street Day 5W:7,6 45.---- o Od A -3 90 Traffic Control, Arterial Streets Day SY Dc%00 �'7 2 X1 ,00 Fr !1/j /40. OD A -4 Seal Coat, Per Single Course - Standard Spec. 3,000 4025416 A -5 1,000 Crack Seal, 0 -1" wide, Standard Spec. #025410 LF 4.51 (6570. DO A -6 3,000 Slurry Seal - Standard Spec. #025419 SY 1,9 a Tglio.00 U I A -7 'Planing (Milling) (2 ") 1,000 to 2,000 SY 2,000 Minimum per Delivery Order. Standard. Spec. # 25402 SY 7v�� }lD,O�o,00 A -8 Planing (Milling) Additional (1 ") 1000 to 2,000 2,000 SY Minimum per Delivery Order. Standard Spec.# 25402 SY +P 2 f 5; 3 80.0o A-9 A -9 Planing(Milling)(2 "), 2,000 to 4,000 SY 4,000 Minimum per Delivery Order. Standard Spec. #025402 SY 15.' ti �f��p�fl,�iiQ I( A -10 Planing(Milling), Additional (1 ") 2,000. to 4,000 4,000 SY per Delivery Order. Standard Spec. #025402 SY . ( v fp/720.Do A -11 5 Ozone Days EA WOO 31)15":00 A -12 Cement stabilized base with 4% cement, 20,000 existing limestone base, 3 -6 inches, complete in place per SY. .(See Spec. 025220) SY 3.s."2„. 70 1100.4b A -13 20,000 TX5 -475 Triaxial Geogrid, Complete in Place per SY. SY �j �'� $DD.2� A -14 1 Mandatory Allowance EA $ 20,000 $ 20,000 TOTAL BASE BID Part "A" (Bid Items Al -A14): Proposal Form 3 of 11 $ 41°2 52, $7) BID SCHEDULE PROJECT NO. E10126 Proposal Form 4al11 part "AA" - Localized IDIQ Minor Street Pavement Improvements -City Wide ITEM I QTY Description Unit Price Extended ® Cost PART 1. existing (hot /cold 1 to 25 roadway; mix). SY - Localized Flexible Pavement Structure Repairs with saw cutting subgrade, base and surface treatment /repair using asphalt concrete All work will be within one City Block. AA--1 1,0'00 Subgrade Repair up to 2" Depth (Cold /Hot) HMAC SY tt it Q I_,$0.00 AA -2 3,000 Base Repair - Upper 2" (Cold /Hot) HMAC SY 0. q-4_LO.DO� 2Q,S-oO.bp AA -3 5,000 Base Repair - Additional 1" Depth (Cold /Hot) HMAC SY 4 . to AA -4 3,000 1 Surface Treatment - Upper 2" Depth (Cold /Hot) HMAC comp i ant TXDOT 351 r_ SY /,3% f { p O,t HO. 0 i Surface Treatment - Additional 1" Depth (Cold /Hot) HMAC compliant TXDOT 351 SY ti.--11 3573/0.00 AA -5 3,000 PART 2. 25 to 100 SY - Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade and base resotration using limestone and HMAC Type D surface treatment. All work will be 1/2 -Mile Square Area and compliant with TXDOT 351. AA -6 1,000 Subgrade Repair up to 4 -6" Depth (lime stabilization) SY r- ( -Loco r, C7lottO.00 AA -7 10,000 Base Repair, Upper 2" Depth (Limestone) SY c1.93 i 3oo,DO AA -8 1,000 Base Repair, Additional 1" Depth (Limestone) SYJ 57510.00 AA -9 10,000 Surface Treatment Repair Upper 2" HMAC SY 19,2:4// , 2Do.to ! 9f2 AA -10 10, 000 Surface Treatment Repair Additional 1" Depth HMAC SY 9,73 97�3O0.oD PART 3. 100 to 250 SY - Localized Flexible Pavement Structure Repairs with saw cutting existing raodway; subgrade and base using limestone with HMAC Type D surface treatment, TXDOT 351. All work will be 1 -Mile Square Area. compliant with AA -11 1,000 Subgrade Repair up to 4 -6" Depth (lime stabilization) SY [ �� bO�ij�•Df? AA--12 10,000 Base Repair, Upper 2" Depth (Limestone) SY 9_13 3p0,C 9 / r� AA -13 1,000 Base Repair, Additional 1" Depth (Limestone) SY ,5 1 ) 5-Sla a AA -14 10,000 Surface Treatment Repair Upper 2" HMAC SY /9,22 /,272:00A AA -15 10,000 Surface Treatment Repair Additional 1" Depth HMAC SY c -73 91,300. 00 Proposal Form 4al11 IDIC1SIKtUI YAVtMVltri IIv1rmJvcivrc Y1J' BID SCHEDULE PROJECT NO. E10126 TOTAL BASE BID Part "AA" (PARTS 1 thru. 5, AA -1 thru AA -26): Proposal Form 5 ot 11 $ j 9 gloi s-; or) PART 4. 250 to 1,000 SY - Localized Flexible Pavement Structure Repairs with saw cutting existing raodway; subgrade and base using limestone with HMAC Type D surface treatment, compliant with TXDOT 351. All work will be 3 -Mile Square Area. SY �� �(� 17� *opt. AA -16 1,000 Subgrade Repair up to 4 -6" Depth (lime stabilization) AA-17 AA--17 10,000 r- Base Repair, Upper 2" Depth (Limestone) SY -+,ci3 9 r 50o,o) AA -18 1,000 Base Repair, Additional 1" Depth (Limestone) SY 5 ti l 5M-10 DO A--19 10,000 Surface Treatment Repair Upper 2" HMAC SY (°1, 21- 192,200.60_ q.1j�o0�dU ll AA -20 10,000 Surface Treatment Repair Additional 1" Depth HMAC SY t r-?3 f i PART 5. i, - Localized Flexible Pavement Structure Repairs with saw UVV t r1 .IJ IJV JS LVl.a11 LeU Flexible existing raodway; subgrade and base using limestone with HMAC Type D surface treatment, compliant with TXDOT 351. All work will be 5-Mile Square Area. AA -21 1, 000 Subgrade Repair up to 4 -6" Depth (lime stabilization) ST f7.04, I71 o0am AA-22 15,000 Base Repair, Upper 2" Depth (Limestone) SY 9., a3 (//1/1-00) AA -23 1,500 Base Repair, Additional 1" Depth (Limestone) SY 5-A-3 gia9S°° AA -25 15000 Surface Treatment Repair Upper 2" HMAC SY /9, a.- a $f i'D0,0O AA -26 10,000 Surface Treatment Repair Additional 1" Depth HMAC SY 9 ;13 97l3o0.00 TOTAL BASE BID Part "AA" (PARTS 1 thru. 5, AA -1 thru AA -26): Proposal Form 5 ot 11 $ j 9 gloi s-; or) !DIQS7HU I YAVtMtNI nvirnvvLIV1 P'P1a-LA, •• -� BID SCHEDULE PROJECT NO. E10126 Part "B" - ID /IQ Minor Street Pavement Improvements - City Wide Unit LF Unit Price Extended Cost ITEM QTY Description p B -1 B-2 1,000 Removal and Replacement of Curb & Gutter, complete in place. l2 ��/�%p'i%0 750 Removal and Replacement of driveway approaches, complete and in place. S) j, ,Ir-, r( `l[ (14352,50 B -3 400 New ADA Concrete Curb Ramp: Compliant to TDLR requirements, complete in place. SF (� 5;q7,0,00 B -4 400 Remove and Replace ADA curb ramp: Removal and Replacement of ADA ramps not in compliance with TDLR. SF 1e,�.fi /�,-, (091(1g.00 TOTAL BASE BID Part "B" (Bid Items Bl -B4): $ 3;g't ,so Pavement •I...provements - City Wide Part "C" � ID/I0 Minor JLt6nti. rovaw+aa•... �r..�__ -___. ITEM Description Unit Unit Price Extended Cost C -1 10 Sanitary Sewer Manhole Ring & Cover Adjustment, including New Manhole Ring & Cover Assembly with new Height Adjustment Rings, Stainless Steel Inflow Inhibitor and with Concrete Collar, complete in place. Each 17315 C -2 C -3 10 10 Storm Water manhole Ring & Cover Adjustment, with new manhole Ring and Cover assembly with new concrete collar, complete in place. Water Valve Adjustment with Concrete Collar, complete in place. Each Each 13c1•Lig 0954 i3 ;9c.(n TOTAL BASE BID Part "C" (Bid Items C1 -C3): Proposal Form 6 ot 11 $ 3773 zO F ITEM 1 QTY ' Description Hypothetical Scenario No. 3 SAINT ANDREWS DRIVE (250SY to 1,000SY) Mobilization/Bonds/Insurance; See T- 000500 I 1DIQ MINOR STREET PAVEMENT IMPROVEMENT PROJECT PROJECT NO. E10126 HYPOTHETICAL SCENARIO Description Unit Extended Coat Hypothetical Scenario No. 1 Williams Drive (250SY to 1,000SY) A -1 A -3 AA -17 AA-19 1 12 1,000 Mobilization /Bonds /Insurance; See T- 000500 for Mobilization Payment % LS 3015-40 '302A7:00 Traffic Control, Arterial Streets Day Base Repair, Upper 2" Depth (Limestone) SY 1,000 Surface Treatment Repair Upper 2" HMAC C -2 1 Storm Water manhole Ring & Cover Adjustment, with new manhole Ring and Cover assembly with new concrete collar, complete fin place. TOTAL EXTENDED UNIT PRICES (SCENARIO NO 1): ITEM 1 QTY 1 A -1 SY 05-141° '7 (o 0 MO 1910.00 /9.21 Each ipo.K (1-3 L 1 11 $ litttic,,(e61 Description Unit 1 Unit t Extended Hypothetical Scenario No. 2 South Staples Street (250SY to 1,000SY) 1 Mobilization /Bonds /Insurance; See T- 000500 for Mobilization Payment % LS A -3 AA-17 12 389 AA -19 C -2 389 1 Traffic Control, Arterial Streets Base Repair, Upper 2" Depth (Limestone) Surface Treatment Repair Upper 2" HMAC Day Storm Water manhole Ring & Cover Adjustment, with new manhole Ring and Cover assembly with new concrete collar, complete in place. SY SY Each 1€.000 fit n0 10.5-7 (////.73 (35140 i C-3 1 Collar, complete in place. Each 400, 00 1/355,0i 41-11t= p y4'4 . 406 TOTAL EXTENDED UNIT PRICES (SCENARIO NO 2): $ 1 Unit 1 Unit 1 Extended A -1 1 A -2 AA -17 AA--19 AA -20 10 400 400 400 LS for Mobilization Payment % Traffic Control, Residential Street Base Repair, Upper 2" Depth (Limestone) Surface Treatment Repair Upper 2" HMAC Surface Treatment Repair Additional 1" Depth HMAC TOTAL EXTENDED UNIT PRICES (SCENARIO NO 3): Proposal Form 7 of 11 Day SY SY SY (0 l�.dl ',Sim 00 L(r /- *.DO ?, $ k(110/,00 I rJII{ .] 1 r'.1-i_ BID SCHEDULE PROJECT NO. E10126 TOTAL BASE SID Part "A" (Bid Items Al -A14): TOTAL BASE BID Part "AA" (PARTS 1 thru 5, AA -1 thru AA -26): TOTAL BASE BID Part "B" (Bid Items B1 -B4): TOTAL BASE BID Part "C" (Bid Items C1 -C3): EXTENDED HYPOTHETICAL SCENARIO'S (Scenarios 1 thru 3): TOTAL CONTRACT BID AMOUNT: Proposal Form 8of11 497 cos-z_ I sr/ 5700 X12_. 5-b 11,115: zoo 1t9,61 Limy Please note: Bid quantities are for bidding purposes only. Actual quantities may vary and will be determined by actual field conditions encountered during construction. The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5 of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and adds t: oval work cause,3 thereby-. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete individual delivery orders within the calendar days designated by the delivery Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : Addendum One dtd 11 -24 -10 '(SEAL-IF BIDDER IS • a' Corporation) Respectfully submitted: Name:Grace Paving and Construction, Inc. By: ' `ev r ' 4e/ (SIGNATURE) Address: 4237 Baldwin, Blvd (P.O. Box) (Street) Corpus Christi, Texas 78405 (City) (State) "(Zip) Proposal Form Page 9 of 11 P E R F O R M A N C E BOND BOND NO. 1962829 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Grace Paving and Construction, Inc. of NUECES County, Texas, hereinafter called "Principal ", and THE HANOVER INSURANCE co. , a corporation organized under the laws of the State of NEW HAMPSHIRE 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, EIGHT HUNDRED FORTY THOUSAND AND NO /100 ($1,840,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and sev 1 1 y, 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 of JANUARY , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS CITY -WIDE FY 2010 -2011 PROJECT NO.E10126 (TOTAL BASE BID: $1,840,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1ST day of FEBRUARY , 20 11 PRINCIPAL GRACE PAVING, & CONSTRUCTION, INC. By: act ce ®YT�z/ �lre4ie ti > (Print Name & Title) ATTEST (Print Name & Title) SURETY THE HANOVER INSURANCE COMPANY By: Attorney '► -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI,, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 PAYMENT BOND STATE OF TEXAS § BOND NO. 1962829 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Grace Paving and Construction, Inc. of NUECES County, Texas, hereinafter called "Principal ", and THE HANOVER INSURANCE COMPANY a corporation organized under the laws of the State ofNEw HAMPSHIRE , and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, EIGHT HUNDRED FORTY THOUSAND AND NO /100 ($1,840,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we hind ntir.. 1 zees. our heirs, executers, 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: ID /IQ MINOR STREET PAVEMENT IMPROVEMENTS CITY -WIDE FY 2010 -2011 PROJECT NO.E10126 (TOTAL BASE BID: $1,840,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1sT day of FEBRUARY , 20 11 • PRINCIPAL GRACE PAVING & CONSTRUCTION, INC. By: Ytt OA' e b"2, iNe46`. Ari (Print Name & Title) ATTEST /ciei 1/695/ii (Print Name & Title) SURETY THE HANOVER INSURANCE COMPANY By: Attorney fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI. TEXAS 78403 Phone Number: 361- 883 - 1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVE ADDKISON, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORE AND /OR CATHLEEN HAYLES Of Corpus Christi, TX and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, lithe following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 19th day of January 2011. THE NOYER INSURAN CB COMPANY MASSAdHUSETT OAYINSURANCECCtt1+11?ANY. C1TIZE URANCE COMPANY OF AMERICA Mar."yeanne ' d n, t - • Robe K. Grenrian Assistan lob' President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 19th day of January 2011 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Notary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1ST day of FEBRUARY , 20 11 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITtt ' 51NSU r .. CE CO PANY OP A 0 ERICA t«r StepPtl' . Bra u' ssistan Vice Pres FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1 -800- 999 -9239 PARA INFORMACION, 0 PARA HACER UNA QUEJA, HABLE: 1- 800 -999 -9239 COMPLAINT NOTICE - TEXAS Hanover Insurance Group_ Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy, bond or certificate. if the problem is not resolved, you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714 -9091. FAX# (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy, bond or certificate. 231 -1314 TX (9-91) City of Corpus Christi ROTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIV (Revised August 2000} Telephone : CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Grace Paving and Construction, Inc. P. O. BOX: STREETADDRE5 4237 Baldwin, Blvd. C ! TLS s ChLi�ssti ilk � 1`V ^sin. 8405 � a � FIRM IS: 1. Corporation 4. Association Ex 2. Partnership A 5. Other 3.Sole Owner ❑ n if additional space is necessary, DISCLOSURE QUESTIONS p ry, please use the reverse side of this page or attach separate sheet. 1. State the names constituting 3% or Name of each "employee" of the City of Corpus Christi having an "ownership interest" more of the ownership in the above named "firm." Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having constituting 3% or more of the ownership in the above named "firm." Name Title N/A an "ownership interest" 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 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 Consultant 1N /A Proposal Form Page 10 of 11 1 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: Eddie M. Or ti z Signature of Certifying Person: Title: Cont:refcb Administrator DEFINITIONS Date: December 1 , 2010 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. e. "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 a 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 Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page Page 11 of 11 3R1 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Swantner & Gordon Ins Agcy -CC A Higginbotham Company PO Box 870 Corpus Christi TX 78403 -0870 Phone :361- 883 -1711 Fax:361- 844 -0101 OP ID TERE I DATE (M GRAPAC1 01/31/11 IWOWYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Grace Paving & Construction, Inc. 4237 Baldwin Blvd. Corpus Christi TX 78405 -3324 INSURER A Association Cas . Ins . Co. INSURER B: 35629 INSURER C: INSURER D: INSURER 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRC TYPE OF INSURANCE POLICY NUMBER ` DATE (MNYDD/YYYY) DATE (MMIDDIYYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY C1P900396610 07/12/10 07/12/11 EACH OCCURRENCE $1,000,000 X PEMk Utte ce $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L 7 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000. POLICY I of CEC LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS CAP900241510 07/12/10 07/12/11 (OMI ED SINGLE (Ea COMB IN nSlNGLELIMIT $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS /UMBRELLA LIABILITY UMB050075003 07/12/10 07/12/11 EACH OCCURRENCE $ 1,000,000 X i OCCUR CLAIMSMADE AGGREGATE $ 1,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ A WORKERS AND EMPLOYERS' ANYIPROPRI (Mandatory If yes, describe SPECIAL COMPENSATION LIABILITY WCA040031606 07/12/10 07/12/11 WC STA I U- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 BERE XCLNER/E I ECUTIVD r EL DISEASE - EA EMPLOYEE $ 1, 000 , 000 In NH) under PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Project No. E10126 ID /IQ Minor Street Pavement Improvements - City Wide FY 2010 -2011 See Attached Addendum for additional provisions (WOS /AI /Primary) CERTIFICATE HOLDER CANCELLATION CICC-CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2009/01) AUT ESENTATIYf CI 1988 -2009 ACOR ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER: City of Corpus Christi waiver of Subrogation as required by written contract in favor of City of Corpus Christi its officers, officials, employees, volunteers, and electred representatives applicable to Workers Compensation Policy. Additional Insured as required by written contract in favor of City of Corpus Christi its officers, officials, employees, volunteers, and electred representatives applicable to General Liability & Auto polices per attached endorsements. General Liability is Primary with respect to work performed by contractor for owner 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, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2069101) p0/.10TMNI8 F.14:4 CMP900396610 THIS.ENDORSEMENT C MAZS-THE. POUC APPITP CONTRACTORS E: VON 11k,o0mementmodiCegirtsgrgovsocko:mto*pke:foraiOm CommERWALMNER&IIMILt-rivati:OsE0 tetitOtO cOivIMERCIAL OENEPA71.;-1A13PTY 14A 94 as PLE•EREAD CA.REFU . . :NaineOtAtkOkAitili*ukid Pe Aon(s) Ore ,-0-1TY or cwt,t4. VO- Valt,. 9,2 T PER Z5774 71P.: 74464- Of Covered: infahnetiOttbouirdet to aOthOlekrthSChedtilkit 04,ohOyin abow 4U bimbownin.the DicibrattohO. A. Sedan Ii :•.1' VOST. is . 41VISSUrett • :arne1to 10.thttlA 00.; a00901i Of4000:1110-140moloy organitation‘st shown in the ,Icheciute k. but only .:r00134.X00410/ fOrhOttig 1.100r "POPiert5't. Aamdpvt, or :"personEt -and 4dvertiMng int!my' 406$010-f§ or ihart-40t0 ar 11**000:* or 2 *woe* V'--brYit4sit.r* of 1:11PWIVITO an you bell* Ole Poitowmotour.ontickott opel4iotio.fpt tWbOcrtftboatinSUretics) albeit:0.04400 d.0000.0.* 00:0*4 'ct.G:20104.'08 05 %.*P.0)1t00.4 The Ansurence pro to the person :or or,4 gRtga40 AtiOwmiFtlitia .1.01:44441011.0: Arithe/Y- insurance and irAce, vII. not <seek contribution Iftro ;MY --OtheOsutent0 04debki t that: 03,- mired. Pawl ,of f 1.CY UBa to,00vapoei--;_o • commEncoL„ postEw. LijY cd '371)-"i 04 THIS ENDORSEMENT CHANGES THE • 4, -C-Y. pLeASEREADIT cRD.iJ1LY This eacbarsetadat. 604%6: iiiii#410000\fidOtt VOtilqh€061:16900W CO p;p1,?*::-OrNgE4.1‘ LiMILIrerOMMZIPMAT sREttit0 • Nanietif Adtridenat tesmed-Person(s) 15:1A11-Tc7fT AT, .Pg •z t� totoK ,ytfu flAJ gr4 -P61 titS MVIRA4R SPVCTFT12R1): 13E-Infer C::OF1700 pck A EEMNT I tat cozsTrzRzeal- Ammoml, W:thltt, kook .to ttit LO lilfottriattep requireititazompletlilhiE,'Striedti* s bthU hWfl4nthe Detiat#Ohk. :,..0,,,patio MAnsunid. i& d6dt ckd� *.womeao ;#60d i A/4,-peoptitot.of or oarkioticmcstouvon ,folhe.:*0,040103. 49.144ritt with resOaet. tiiF Iabt!Ity .'40.= (6146.7.J* 'wive* 4amooe pat. by our work!' at the icleatiee esiqnato4 .Atet. 4604004 Fe the $01•00, cif this 000q*Oiront PixfOrlPed for "that additional: -insured ant included rer. .the larodutts=, adtrOfetedr:tiperakabelratettr. ta2037-671)4 ISO PrOPerhea, Int., 2004 Page 1 ofi -4■4aotteettet Otitit-Utibtktikt46.;61.46&4:1:6 WAIVER ST •pOlvatttpiALOpitRAL:, td-244135 '69 11 S ERY THE T US REC V Thit:zendoc5efikeanAtiowritoriftwOrplyidedii0deett*foovtio$ taimrsViSiOttsitfULImettiaftv tov-Eitix 70AO, PRO DOW omptettERA1614-,1,', ItrYt:OVERti:68 FlA.W Fume offeertoitor,oitionwatot - - tiftgti in:Alaza,V .01$ OFASON OIZGANI2ATT.1 YOtr, ovc,RE-9 T BY raTtEig cogri° TR?r OR Adnottio ;78. *-#t'P;EP El4PQX TO 49. lfiterittation,'teectirecitti?trzithijibteltiit:sStfieritife:. if . thwfl . above. i eth�Wb i11heD€thwatflS ThkfillOgirlajA WO: tO POr.E001).078,Tranipf00, Of Rigt40fReetivery 444ainspl thews to lfe-of SecliOn fV,—teng#10:014 We.wave,arrysietittiffeco :vet* we---nlay'hAYe.:094100 tile:ppmck-Orofganiz Oion shown intfie-$ched410: OP* 11.0604sg Of paymeni$ we 061* for in4ry Or 4eteaway*if10 Pet of yttoujr 40004 Otioattato`ja your wqrlextpnetindo., a Aopitact4Wftsakperoit o evpize4ion enctInotojed fneeprfxructe, ,eff101etett OgiOatiOnt,fiazaftr, Th1 #0400-0013#00 oaly to tbir-Per5Ort or orgaiketitin0.0wi*iii thd S6hectuletabovel. cGlAo4.1401p qinsuranctsSermices Ofrica.:1m, 207/8 Page ati '1=3 POLICY NUMBER €' 5,,'0 } : £n n1Wkg_ C11 . GENEi f IAM-U c %, 05-1; THISnsiDORSEM EN !° CHANGES 'THE'P 3L1C .- PLE E 4C `iT CAREF -ULL TES CHANGES -. AmeNarf ENT OF CANCELLATION PROVISIORS OR COVE ANGE This ACZ i : irortiii 'ihsuv ee pro t er er he foli irrg: • Qt k .01, -P iat1= POLITY C RA1*? Llat uAsn tr CbVE1 c EP t Pty ti 1Ci t l iL{T PE i i Tel t L OvE * Nor f ' P '.1`i? . Aett itr. r i e o ca11a1iiii *"Iet i part to mail no written otice otranceillatomorrnaterial Chime to SCIIEOULE IS Mary S1r, E' ATTAMErt, gmlysritvr _SC E Itti %rrt rv�x r i 1 nracst t� 't �heti i+� ; o ht a ;„ ii1f besbeeviviii the tie c%iratq!ns .. CG 02.05 04 Q'3;;I.tO ProperhOe, lhc;r iNSUREC CPO. pagirl of .1 CI Pon atwitter C1090004646 EN,ocesEmENT ASSOCIATION CASUALTY INSURANCE COMPANY C4fat::: 0A,V, -Na Min COTOWLOTt Eife*O0 12 i1 AM StdT er N E3040.14,pa & GOI iNSf..TWE;'$ TA1/4/i1K010,1 j',32;161Za,-ettotk CO. O2 &•- TX 010.4 MOM citf: mom:L-21:ft: •0tiozykarg,cit coot:IA-U61'r sx 55• 1'0.4 4-711r .Tx 7.8 14 toEt tatCittaltitttdst -tS1,6 • :p2* 4qp:09.:f. •ORP“§ 7..144*q • tqrgt:Vrr ultltpai-Mit0 t'0110:114 01.0tittor 14cit 14:4 CORPUS tIllikt$:ft, CORKT5 111.0X= :0774 coRptmi CHR1871, TX 14469 • NksTrkt, Roatokunm..cotorm! ,_o.oTto, • •4M1. tit;EtilVB',0 .stg, ii ; tbittitilt CHRISTI k '114,41,44tf"G CMFTM: c7R5TTT A;77=-:,4010TTI WMTro, :4pct94!_,-.„ 3311-1.X 92774, POIMIXO. - 704 • • zitc..ARy.otigrRutT.,-Tott:Mg.0 $kitattitMilti4 bgt, qp.litit- - $41.4''441t0100, 1r1( 741U4.--01-430 • 7, 0.1acEs5 co:REqm cRIttsz. ifl E .LTSVOLVE0 :04ZISH ritikOlt stAgivr• 'tf6115.11g. tkidt- , 1114071, 'YAVERP sql:PAVY ico:RIVOTTOtr MD TTSt AFZILII4BA :BOX .,69:6,60:04! SAN' ANT:Otitar TX, 7,13.2416:" TEXN$1 -MVERTI$ITX IcTisIGSVaira .100 UNTIARSITY atiVap laWSVILLE, 7815 consf.-4, 40$54 perwp95,: cagTig7T.:: Tx 75461 .-epRous...01ktM .11tOIQNALI TR.NO,PMTATT014 '-WPITCYRTIT ittAit L144:04 '00:fag le4:0 •• • - " • Witt08, tUkr.g.tt mot cooTo- 4pkv •:12::p .$10p" • .7504 •• -1141t.':'1414470-1A11-00 :. .00S NATIMTAT4 itt$TORIM PRt iiblt 329 0:014NSCV ZTTY. t, TX r71106. 114VErig: SOXITT-Mks7p ..$0LIT171: TMS •cgmFus: :P.Wa 01._%5•axm ibtEU •RIVt :4194 ;CO-Atti CtiRIS.T1! :TX 11:84:11'952.5 INSSO"ClATS.. .j4WKS:014 Alta, .PASvic-cau.A.i q9:5:07: • AEM -r.1,01-ltzka stAST MAR & DAM', SZLJIE 1O6 COLZEGS. •STAT-VM. TX 77545 POWNlitithof CM.f9O0 . 10 ENPOIMPAENT ASSOC AT citt A UALT I SU E —GOMPANY i'wemod 1.0§40 E PATCOG At 4r) c O x.T3y i iort, 1201 `!Ml;$t tf dTirt : 'OW IATSURVICX.:18-0PagtT., 01:1 - tit-01 Ariklitt T T C41T .T '136k 1" ? t t*. TX 7$'x%6§ :tx:94,201 . � �r INC i s > erit RCS C .? rtiO cm2sp T •704=17' Epps 1 C.TTog QRP I ..R2s,Attim SI#H IFS fy .Si0C 2441, TONT,, TY 702 0:.3,t .]P q, . ;9149 At1S T I1 7/x716 V& La • A* ROTUE O L° A O`Ci WT,t int siorg, TQ- Czludalentt. Dia, $L :. StY k4Likii L` `•1) 10 I3> WATI,KEB Auk Q; tWr. v Ifg 6V2 moo (41exr9-sj Pot TO THIS eitoomENOT ctiANqes THE F'•UCt PLEASE AIM C WILL TEXAS ADDITIONAL I N SUR Tth§ eftPor$Pfnent FT3JeitiPe4. RI:We IVe ProSPeci w thalPLIP\mM BOStisIESSAITOCOW-14A6e FORM RAP• QORM M�R CAIRRIER:;WWFAGE',VORk1 TIRVGXERScOVERDEM :VVitft respect o coverage movided:by, ennorsemeni; the ptoviiions af qaverage Foottappiy unlose .„.iwodAiet W.O*PficiOee.ajeo,t, Thi*-04004iterit effelabk.pti, 1116 itiCeptioo Oate thePolity anOther-dateis indicate:1- *P* eidarsernent effectkof, „ 07/1-2;46! rent:tote-Lt.- d By sqiiENLE -11apresentativai: ,,N*1cOori Ark tite*.citAddititiliallinSiaredk IBLAistitaT '4: MI ERam ;01tOMIZti17Idil AP-147,rioNAL: n5s1YPAp: 137e. tRXFtE % C0/NIT CO• ltrWit. :44.1tERNat4T." f.4 putat 03,QR:77.W: TO NE Q AMER8 n6 IF T Ornaentrrappears abovia, information equired to eornplefe thin -andorsement v411 be shown loose 00!foraiiqns. ,hro Orktortot)ort9 , • AMC* Ineetei :(Sept1Oft 1# .4 Ati*N*1 j0- dude is an Insured-I 'the perpon.W or orteantzar tigf1($) OW.ti in th0-$0110010:04WWWith t.-.64100 lirtneit Jegatliablilty for acts or errissions, of a peri-i son fot, *nem 1,(ability :C:.OVeraa s effeitet: eider this BA The edeOtteel itteeTV. rter.rWe: '107 If* *he#010-i-0 baclarafiens iinotrequiredto pay, for any pfenikans Statt4 in the pelCy Of earliedIrtift'VW WYK* Any Tetumprenriium aid any dividend; if. applicable., .cl‘ dared by us-sh*be tiodAcilcg. CA 0004 (4 'Ydr* 4*510111300tecl . to at f* jho OtraOrfai narnedin Ale &habil* or beCiaratlans in alnatters perta D WthittilSto*Itik AfIle 'WA :MOW the raddittOnat ineeied .00-$41 110-, the ,00belela or (**4341o0S, rOce:.0 9psric50.11Sori or in ie pohoy fl vie: ca We Wilt 01 *e10 day$ no- opgio,ttei 410itiOatat)gur0#3, Tne,a:klittonat **MO nened t the $ntlebe.10', or 1:Fac" lartions 4e11.: rey riqtit all:covey as a P161P4j0.:t (.1n0Oritisqtqlvpiz.: PrOP011,44-i 1.*:; :20ea :hsE,:ukt,50X, Pado,1 ;Of I 0 pocto,roromoskr:xv '2+4, b- a: commERciAL Afro .cA 20. sit* bi THIS ENDORSEMENT CRANdES- EJJ1LJCYL.. Fit.ei4g READ ITCAREAfttY. TEXAS CHANGES IN TRANSFER OF RIGFIT S OF R 10 Ttifsendorrit:06e0044o6oio6olilo.viobtf: 6441601Worfoi4k0 134,114001004%W. K* StigNEWAUltar*Sfe-AL tiAriGEZ :FOAM pp4RApg .t;p:ww-FORT44: kotMtARR404, -toitt'FON TMICKERSO:NFRAwymm es ! v,8401-0€410:a:0;0416-voole,04:60401,os. liKkowgiro: o0Ontiholif.08.40:O4 of 0i0== .-0400,40010fOOP*4180400O1-- fiecitqlhe endorsement, This on6:0r040Ont 0,19fig#o'MWPO-14: elP914.'.00 the fomtigq.4* pf *P014:40*5*00OOler-01%.*4 jostk0i00 below drsenert 67)12/1C1 anyai InoUrOd2 GRAcE IWT:1 ucT 06taraiOned SCHEMICE CAUttiOntOttRetsiterentatNel eimAn(40rOrganizatierit ' azAolca Am' FLSON � WWI ZIW T IOM 'yog RE. .EQWREP Vti-77Ent f.ONTCT OI 4liEttitENT dE0 GrS. OF nti-j- fl! ram C01,FM oi ACkitESKaa xs EXSC YRIOR TO LOSS , (0 no enter 'appears abowe information :required :to tocriciteWtnia endorsenlent Will be ihewn k the tioatientins: as 0150R000 Kat10 00�$.&u Th Ti-44*** Qtmoto Ret:6*Oty, Qtfie:tAjio 1,56-4coltzlitW oo:66b6t:opoyv itho:potoOrltoi*A'tga0_44* 1.407.01,Ihopo i641704000.E0Afe,. retatn tht addibona prernikim :ehowlivancv*,,,regarritess.oVerix .eart3r-fteritii:= nation ot aria endrsement or 0wooji:64:„ cA 20 119;01,C 0.:1$Properties-ii.tim:„ 200;S pop0A �f,I q eitumgcoo, POLOMSMBER .0P,V506a41%4 4 teThittakt'IALAtitty A„01* 004 THIS ENDQRSEMENT";14ANGES THE POUpic PLEAsg REAll trGNIEFULL* TEXAS CANCELLATION PROVISION -OR COVERAGF CHANGE ENDORSEMENT ThiraricloroffriarOnortifin49:ronce orpvidki tinder ihejfaiicnving: BUSINESS-Mk-0 COVERAGETORM- OARMZE PPWRAPE FoRM MOTORZPPRiertCOVEAAGttOgrgt tPUCKEASCXNEANGEFORM Vii4,tft *0.00 titi: '0,0**-00. 004:***tt WM* 40101VOTOP.4, 9� 0.0.04044. Ot•: OPYPt:41.0.0.WVPIf'01*1:00:01, riettky-ifieeniriorsemern. Thie:erdurterbeet r1(jeklhe 0b14 offealW0-0.140 :.ieoep.ttot) -owe( 1#0.:114)(10e--001:** owls Totwatoo betw •Endorsernentlitectitte: 07/1V1 Narnettnturedl `,Gr4AZ PAVINC & NSIREICTION*, TNT AuthoOzed "`n $PielAVVE • Number4irayewitos ack flOirineinVeisoitOillrganizaki0it tTT74 OF -'1ig..P7P 010.011 M. .14 927 poRpug, CR 'St% "Ot this poly is canceled o* frlateria* :alb:V*10 te(1110e et restrketOyeragg4 :flu •rotice,0f onoollotipn :or MOO* tQ thqroeta:ori or 'Oroan:4** nomad n Cho- gerfedyl*. 'give filenofritier.of ..days;notioeindicated the Stliedulia. CA02- 09044 •ISo ProPertieS1 affl rouReD coFf •Page 1 «•i ri R614 cd#AP:104$0.04 ASO OK *04*031UITIMPRAPIPE FOMY Vite 414344 A Bar.: NuMBER TEXAS WAIVER OF OUR RIGHT TO RECOVER PRIONIOTHERS.'',E OORSEMENT th. eiedlet**** 'el*** AziNY tO he laef*t*:Oreiiided' :0y.,'LfieTeiky becau:se)Tex* '019.tt 4 items Tr*0400:0. vve hawthe 'fighttsa recover-I:1w. P4rn:Prit:g.'itorP anYvne .11401e TO(' * iftit)%17-P5Wed • "I* !hit' WO*111 Wet entette, eer',00tagainst the or organizetibir nenietf .4:t*riedekt; but tbrO *akviercaPP1105- only wfl 000.0-te bodily iiajury akisin9 =tot the,operefions described n tile,achadute where. yo 4 are (exit** 1,..1.-56.41,604100 oleottetitto-oetaal thWatv trelit thit6110Wr$30.4.1* ft0:00,,eg) OlepOt 0:YiskettIV"WWOOkieWitiktiet 6eitied: iktriegdie40 • Ito proniontforthie endorsements strewn Satedete t EL opeoffo.yotow hoos O p SiatiOaikWer Any persortor orgenfzgir for whorkthe Ned set riaS frefrAelri* wfitten tiOttaatOlitiiii*thre::Welyer, poi ! 17:x4o .cos Prerniurn: .3:14 Th� PreMiernxbergeloi! thiteridoeieMentiStiefille 2 riertertt et the premium: developedi peyrolr heatidn With Werkpierformediti,Thirebipkt Petionfel ezationietarisincvotitiot the operations describe& 4; 409** OtOrtitOrer: 4 DATE :FiSSU.E O7 livxf.r.ecuP! voRKERs oomPENtArlot m-t) emoulytft ir ),Xy: tit:WU:ER i'lQ441):11-5-- QS; 00.00 We 4Z OV.04 TEXAS. NOTICE OF MATERIAL CHANGE ENDORSEMENT iM. vliroit0Ient ap tO. th6 iti;44eincd:.p.roYideti ti!;t•ifw:Policy because texas,1,* shOw5t riff 1,4000110TatiOt theevet* canc046, f40:00 *0100 tho* 0040, v,* ihipi ?OW 0*-47ipti: 66fite ti* oefook argprrizatort nernea imiliteAtnedtiia. theanwrthir of dys pogrve4r-ocos woo itt*tiywk:010::: Ihiv-On4orSfrVrit4hall nqi-oP014* dite*Ax**-Pathetwi,otte- to:o!NOWIAtAgrOM rirCtlika:theOW sCHAPPLE • NUmESEICOF'DAYSNIVANCE 14011C.E:- • M0#04 Ottrnaiii* 1,1AVAu ITACT=TM EXantnittao gPIOMNO, TM-0C 00.11TO TX 0854 OEAN 3441FE BL 15 10A, P tt.711$ ''CIIRTSTZ :TX '70414:-5525 TAMMY cottstRIV _MN 0,9-0 re PO** p 6., ZOX ztoaxo SAN ANTEINTO, TX 1822* -crn aF mm: • dxtrtil: • :O :9277 ,Wgline- TX' 74077 000#-E i*****000t ef: DtgTiatit .KtitCHASIN4 AND :40XX3UTIO* • _Box 1144 pj . eiiirtiSVT4 tatj1.1 OrfariM15. CMIRANY` 7;04.: '.110.11 cmtrs cxxz TX: 7g49 • OF 1S$1* IfiSt*ED:COPk