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HomeMy WebLinkAboutC2011-192 - 3/22/2011 - Approved(Revised 12/07/06) J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (Project No. 5232) Table of Contents (REVISED) 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 -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Ficld Officc (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inopcction Rcquircd (NOT USED) A -24 Surety Bonds A 25 Salco Tax Excmption (NOT USED) (6/11/98) A -26 Supplemental Insurance Requirements A 27 Rcoponoibility for Damagc Claimo (NOT USED) .A-28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract' Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents Rev. 8/03 Page 1 of 4 A 35 City Water Facilities Special Requiremento (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations • A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) (7/5/00) A 17 rrc Construction Exploratory Excavations (7/5/00) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A- 49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress 31 51 Dcwatcring (NOT USED) A -52 Electrical Submittal of Bids ? 53 Video Documentation (NOT USED) A 51 Trench Safety (NOT USED) A 55 Confined Cpacc Entry Requirements (NOT USED) A 56 Pavement Restoration and Project Cl an Up (NOT USED) Ai 57 Rc routing of Traffic During Construction (NOT USED) (NOT USED) (NOT USED). A 59 Restoration of Private rroperty (NOT USED) A 60 Access to Private rroperty NOT USED) A 61 ripe Trench Bedding and Backfill (NOT USED) A 62 Stormwatcr Pollution Prevention (NOT USED) A -63 Dust Control A 61 Noise Control and Working Hour Restrictions (NOT USED) A 65 Other Accessibility Requirements (NOT USED) ATTACHMENT I- COMPUTER SAMPLE PRINT OUT PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATIOINT 021020 Site Clearing & Stripping 85 021040 Site Grading 86 021080 Removing Old Structures S55 022 EARTHWORK 022040 Street Excavation S10 022100 Select Material S15 022420 Silt Fence 897 025 ROADWAY 0252 SUBGRADES AND BASES 025205 Removing and Replacing Pavement 854 025210 Lime Stabilization 828 025222 Flexible Base High Strength S24A Rev. 8/03 Page 2 of 4 025223 Crushed Limestone Flexible Base 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat 830 025424 Hot Mix Asphaltic Concrete Pavement S34 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Painted or Thermoplastic) 845 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding S14 PART T - TECHNICAL SPECIFICATIONS 025 - T -1 025 - T -2 Salvaging and Reusing Road Pavement Materials Mechanically Stabilized Aggregate Layer (MSAL) Rev. 8/03 Page 3 of 4 LIST OF DRAWINGS -- 1. TITLE SHEET 2. GENERAL NOTES 3. SUMMARY OF QUANTITIES 4. PROJECT LAYOUT AND BASELINE MAP 5. SHEET LAYOUT PLAN 6. PAVEMENT PLAN - BRUSH ROAD & LAYDOWN PADS 7. PAVEMENT PLAN - BRUSH ROAD & LAYDOWN PADS 8. PAVEMENT PLAN - SOUTHERN ACCESS ROAD 9. PAVEMENT PLAN - SOUTHERN ACCESS ROAD 10.PAVEMENT PLAN - SOUTHERN ACCESS ROAD 11. PAVEMENT PLAN - ENTRANCE AREA 12. STORM WATER POLLUTION PREVENTION PLAN 13. STORM WATER POLLUTION PREVENTION PLAN DETAILS 14. PAVEMENT PHASING PLAN - ENTRANCE AREA 15. TRAFFIC CONTROL PLAN GEOTECHNICAL REPORT NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Rev. 8/03 Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for:. J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT NO. 5232) Base Bid A: The project consists of pavement reconstruction within the project limits shown in the plans. The scope of work includes saw cutting pavement, pavement excavation., and construction of,11,658 SY of triaxial geogrid reinforced subgrade, 13,341 SY of 12" crushed limestone and asphalt millings mixed base material, 7,707 SY of 2" HNAC, 5,634 SY of 3" HMAC, 6,024 SY of 4" Reclaimed asphalt and base material, 6,024 SY of 4" crushed limestone all - weather driving surface, and 171 LF of pavement striping. in accordance with the plans, specifications and contract documents. Base Bid B: All work in Base Bid A except 6" Lime stabilized Subgrade in lieu thereof triaxial geogrid reinforced material. Additive Alternate Bid No. 1- Laydown Pad No. 1 Additive Alternate Bid No. 2- Laydown Pad No. 2 Additive Alternate Bid No. 3- Temporary Detour and Parking Area The proposals will be received at the office of the City Secretary until 2:00 P.M. on Wednesday, February 9, 2011 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Tuesday„ February 1, 2011 at 10:00 A.M. in the Engineering Services Department Main Conference Room, which is located at City Hall, 3rd floor at 1201 Leopard Street, Corpus Christi, Texas. No additional or separate visitations will be conducted by the City. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. 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 .f NOTICE T® 'CONTRACTORS A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE" 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH.COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ■ REQUIRED X NOT REQUIRED INSTALLATION FLOATER .See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED Page 1 of f ©The City of Corpus Christi must be named as an additional insured on all .coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. DFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 680 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B OAR S COMPENSATION INSURANCE REQUIREMENTS .Page 1 of J 1 lil'LE28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Adinhiistrativ. Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Reglpfrements 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-instate issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -g2, 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 coast action- Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor —A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage—Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement --A written agreement on form TWCCC81, form TWCC -82, form TWCC83, 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 employerfemployee 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 begging 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 ofpersons 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 ofwhether that person contracted directly with the contractor and regardless -of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity; or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. (8) Project Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all 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 ofclassification 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 changer hat 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 (8) 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 co Mission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid speeifications 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 i (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 ofthe 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 03) 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 ale for the duration ofthe project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the . following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: -(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project (C) include in all contracts -to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (13) 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 ofthe 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 (II) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the cerdfcate 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 ofthe project based on proper reporting of classification codes and payroll amounts and ding of any coverage agreements; (2) provide a certificate of coverage as required by its contact 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: "13y 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 ofthe 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 ca nission'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 ofcoverage, 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 ofthe 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; (0) 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 ofthe coverage period, if the coverage period shown on the current certificate of coverage ends during the duration ofthe 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 ofthe contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) 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 (I1) 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 Me are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1; 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675o, §4a). (i) The coverage requirement in this rule does not apply . to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Mote: 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 Pagel of 11 T28S110.1100)(7) "REQUIRED WORKERS" COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information an the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.110(i)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")-A copy ofa 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 tame from the beginning of the work on the project until the contractor'slperson s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 5406.096) - includes all persons or entities performing orrning all or part of the services the contractor has undertaken to petfor zn 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, fiarnishespersons 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 foodlbeverage vendors, office supply deliveries, and delivery of portable toilets B. The contractor shall provide coverage, based on proper reporting of class f cation codes and payroll armiamts aat d f ling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entityprior to- being awarded the contract • D. If the coverage period shown on the contractor's current certfcate ofcoverage ems during the duration of the project, the contractor mu prior to the end of the coverage period, file a new certificate ofcoverage with the governmental entity showing that coverage has been. • ended R. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate ofcoverage, prior to that person beginningworkon the project, so the governmental entity will have °O le le cert f castes of coverage shoo wing 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 ofcoverage, f the coverage period shown on the current certificate of coverage ends during the duration of the project. _Page 9or11 - F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. IL The contractor shall post an 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 aperson may very coverage and report lack of coverage. 1. 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 classcation codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Cock, Section 401.011 (14) far all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being providedfor 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, f 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, f the coverage period shown an 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; (tit) notify the governmental entity in writing by certYled 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 (�) 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 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 ofthe project that the coverage will be based on proper reporting of classification codes cord 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 plvision ofSelf- Page 9.OofIi 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 fthe contractor does not remedy the breach within ten days after receipt of notice notice ofbreach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT NO. 5232) SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2 :00 PM on Wednesday, February 9, 2011. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT NO. 5232) Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the delivery to the City Secretary's. Office. Delivery of any proposal, by the proposer, their agent /representative, V.S. Mail, or other delivery service, to the City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Tuesday, February 1, 2011 beginning at 10:00 a.m.• The pre -bid meeting will convene at Engineering Services Main Conference Room, 314 Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas , and will include a review of the project scope. All requests for interpretation shall be made in writing to the City or Engineer no later than. 24 hours following pre -bid meeting. Inquiries made after this period will not be addressed. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project Base Bid A: The project consists of pavement reconstruction within the project limits shown in the plans. The scope of work includes saw cutting pavement,, pavement excavation, and construction of, 11,658 SY of triaxial geogrid reinforced subgrade, 13,341 SY of 12" crushed limestone and asphalt millings mixed base material, 7,707 SY of 2" HMAC, 5,634 SY of 3" HMAC, 6,024 SY of 4" Reclaimed asphalt and base material, 6,024 SY of 4" crushed limestone all- weather driving surface, and 171 LF of pavement striping. in accordance with the plans, specifications and contract documents. Base Bid B: All work in Base Bid A except 6" Lime stabilized Subgrade in lieu thereof triaxial geogrid reinforced material. Additive Alternate Bid No. 1- Laydown Pad No. 1 Additive Alternate Bid No. 2- Laydown Pad No. 2 Additive Alternate Bid No. 3- Temporary Detour and Parking Area In accordance with the plans, specifications and contract documents. Section A - SP (Revised 9/18/00) Page 1 of 26 A -4 Method of Award The bids will be evaluated and awarded in the form of any one of the following bid scenarios, based on the availability of funds: 1. Total Base Bid A OR 2. Total Base Bid B OR 3. Total Base Bid A OR Base Bid B plus any combination of Additive Alternate Bids 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 City also reserves the right to negotiate additional quantities using unit prices provided in the Base and Additive Bids. 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 J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010(PROJECT NO. 5232) as identified in the Proposal) J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT ND. 5232) (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 A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to adhere to stringent schedules for construction. Substantial completion for individual portions of the work shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and verified and approved in writing by the City. The working time for completion of the Project will be 180 calendar days. Within 24 hours after receipt of written notice to proceed from the Director of Engineering Services or designee ( "City Engineer "), the Contractor shall mobilize, place traffic controls, and commence work within ten (10) calendar days after receipt of written notice. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day. 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. Section A - SP (Revised 9/18/00) Page 2 of 26 A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so Will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt,. and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy and Highway Construction. In cane of Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.40) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. Section A - SP (Revised 9/18/00) Page 3 of 26 The Contractor will make bi- weekly certified payroll submittals to the City. Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (12) 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 at 1- 800 -344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon DIG ALERT at 1- 800 -483- 6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Naismith Engineering Inc. Arturo Acuna Jr.,P.E. Traffic Engineer Police Department Water Division Wastewater Department Gas Department Streets & Solid Waste Services Storm Water Department Parks & Recreation ARP AT &T /SBC Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) Century Tel KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 814 -9900 826 -3540 882 -2600 826 -1883. 826 -1800 885 -6900 826 -1940 826 -1875 826 -3461 1 -877- 373 -485 881 -2511 826 -1946 857 -5000 887 -9200 225/214 -1169 813 -1124 881 -5767 512/935 -0958 972/753 -4355 (826 -1888 after (826 -1888 after (885 -6900 after hours) hours) hours) (826 -1888 after hours) 8 (1-800-824-4424, after hours) 826 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (225/229 -3202 after hours) (Pager 888 -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. Section A - SP (Revised 9/18/00) Page 4 of 26 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. paymcnt will be madc to Contractor. All costs for traffic control plans, i.e. preparation of plans, approval and permit from City, and implementation fo the plan on each site for the duration required will be included in the unit price listed in the proposal form. If the site needs any adjustments in the traffic control sign location, which may by required for safety of traffic and pedestrians, not additional payment for the implementation and enforcement shall be made to the Contractor. 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. Section A - SP (Revised 9/18/00) Page 5 of 26 A -15 Excavation and Removals All existing concrete and asphalt within the limits of proposed pavement must be removed as noted in plans. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Field Office (NOT USED). feet of up able apace. The field office muot be air conditioned and heated and muat be furnished with an inclined table that mcaourca at 1 ant 30" x 60" and two (2) o ❑eparatc pay item for the field effiee. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work item's: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first workday of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City. Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of construction the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. Section A - SP (Revised 9/18/00) Page 6 of 26 C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services, and street access with other Contractors. D. Contractor shall coordinate and cooperate with the City for construction . scheduling and traffic control modifications for special events that will occur during the period of the contract. more than five (S) calendar dayo (thc City Engineer must be notified five alcndar dayo in advance of any driveway cloourc). F. The Contractor must provide solid waste pickup cervices whenever accecca by the normal service io blocked by construction. activities (the City Engineer must bo notified five calendar days in advance of any oolid waste pickup service ar disruption). G. Any work which creates a noise level above the ambient sound levels shall not commence before 7 :30 A.M. or continue after 6 :30 P.M. without prior approval from the City Engineer. A -19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. on thc drawings, will be provided b The contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it io ncccoaary to dirturb or dcotroy a control point or bench mark, the Contractor chall provide thc City or Consultant -Project Engineer 48 Contractor. Control points or bench marks damaged ao a.rcoult of the Contractor's expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the . paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. Third arty surveyor and certify compliance to any regulatory permits. Section A - SP (Revised 9/18/00 Page 7 of 26 Streets and Drives: See Special Provisions A -45 "As -Built Dimensions and Drawings" for additional requirements. 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. (NOT USED) 0-- ,ewe • .,aaa • provided by the City) as indicated on the attached drawing. The signs must be by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy. Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, 'partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons. include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority 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. Section A - SP (Revised 9/18/00) Page 8 of 26 (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. 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)" 455 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. Section A - SP (Revised 9/18/00) Page 9 of 26 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 -2.3 In poctio.. Requ r°d (Revised 7/5/00) (NOT USED) Inspection Division at the various intervals work for which a permit in required and to assure a final inspection after thc building is completed and ready for occupancy. Contractor must obtain thc Ccrtif c-atc of Occupancy, whcn applicable. must pay all fees and charges levied by thc City -Le Building Inspection Department, required by City. A -24 Surety Bonds Paragraph two (2) of Section B--3 -4 of the General Provisions is changed to read as follows: T'No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10°s) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A 25 Salsa Tax Excmption (NOT USED) Section A - SP (Revised 9/15/00) Page 10 of 26 following cubstitutcd in lieu thereof. Contracts fer improvements -to real property awarded by thc City of Corpus Chrissti do or ouch other rulco or regulations a4 may be promulgated by the Comptroller of Public Accounts of Tcxao. Charges" in the proposal form the test of matcrialo phyaicaLLy incorporated into thc Project. value of matcriala. If the Contractor doco not elect to operate under a. separated contract, he must pay subcontractors arc eligible for sales tax exemptions if the aubcoxtractor oleo complico with thc above rcquircmento. The Contractor must ioouc a rcoalc A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: E.Q. 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 Section A - SP (Revised 9/18/00) Page 11 of 26 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. (NOT USED) amended to include: Contractor must providc builder's risk insurance coverage for the tcrm of tho polieies providing ouch insurancc coverage. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its .obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been. released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the.bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years of recent experience in Section A - SP (Revised 9 /18/00) Page 12 of 26 the day -to -day field management and oversight of and complexity to this Project. This experience limited to, scheduling of manpower and materials, masonry, safety, coordination of subcontractors, architectural submittal process, federal and state contract close -out procedures. projects of a similar size must include, but is not structural steel erection, and familiarity with the wage rate requirements, and The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five (5) years of recent experience in oversight of projects of a similar size and complexity and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. (Foreman cannot act as a superintendent without prior approval of the City). Documentation concerning these matters 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost 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 Section A - SP (Revised 9/18/00) Page 13 of 26 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. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. 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 Section A - SP (Revised 9/18/00) Page 14 of 26 obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. • • Visitor /Contractor Oricntation (NOT USED) aubcontractora, and each of their employees must have on their peraon a Safety Orientation Program conducted by thc City Water Dcpartmcnt Pcroonncl. A Vioitor /Contractor Safety Orientation Program will be offered by authorised City Water Department peroonncl for thooc peroono who do not have ouch a card, and who dcoirc to perform any work with equipment, °witch, breaker, control, or any.othcr item related to City Department. C. Protection of Water Quality times. The Contractor shall protect the quality of the water in the job site and ohall coordinate its work with thc City Water Department to protect thc quality of thc water. D. Conformity with ANTSY /YTSP Standard 61 site by authorieed City .personnel immediately prior to uoc. ANCI /NSF Standard Cl approval for all materials which could come into eontact with potable water. Section A - SP (Revised 9/18/00) Page 15 of 26 orange, bluc,or white. Each employee un form muot providc company name and individual employee identification. C. Contractor ohall provide tcicphonco for Contractor peroonnol. Plant H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. J. All Contractor vchicico muot be parked at dcaignatcd oitc, ao.dcoignatcd by City Water Dcpartmcnt otaff. All Contractor vchicico muot be clearly labeled with company name. No private cmployce vchicico are allowcd at 0. vchicico. During working houro, contractor cmploycco must not leave the for required work or ao dircctcd by City Water Department peroonncl during cmcrgcncy evacuation. ACQUISITION) Any work to thc computer baocd monitoring and control oyotcm must be performcd only by qualified technical and oupervioory peroonncl, ao dctermimcd by meeting the qualificationo 1. thru 9 below. Thio work delaugg4_ng, calibrating, or placing in operation all hardware and /or The Contractor or hip oubcontractor proposing to perform the SCADA work muot be able to dcmonotratc the following: 1. He io regularly engaged in the oemputer baocd monitoring and 2. He hao performed work on oyotcmo of comparable oize, type, and projccto_ 3. He hao been actively engaged in thc type of work opecificd hcrcin for at 1 aot 5 y aro. Engineer, or an F1cctrieal Engineer to oupervioc or perform thc work rcquircd by thio opccifioationo. completed a manufacturcr'o training couroc in configuring and implementing the opccific computero, RTtJS'o, and ooftwarc propoocd for the Contract. G. He maintaino a pemancnt, fully otaffcd and cquippcd ocrvico calibrate, and program the oyotemo opccificd herein. 7. Ie shall furnioh equipment which io thc product of ono Section A - SP (Revised 9/18/00) Page 16 of 26 S. practical, all equipment of a given type will be the product of one manufacturer. Prior performance at the 0. N. Etcvcns Water Treatment Plant will the new work for this Project. 9. The Contractor shall produce all filled out programming blocks an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet ira an example and is not intended to show all of the required ohects. The Contractor will provide all programming blocks used. L. Trenching Requirements A 1 trenching for this project at the 0. N. Ctcvcns Water Tr atmcnt Plant shall be performed using a backhoc or hand digging depending en the number of existing underground obstructions. No trenching machines shall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and . detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, an other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and.any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required g. Section A - SP (Revised 9/18/00) Page 17 of 26 J- by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", 8 -6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus. Christi's Water Conservation and Drought Contingency Plan as amended (the, "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of. the Plan to Contractor at the pre- construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -BT" are incorporated by reference in this Special Provision. (NOT USED) The ioouancc of a certificate of occupancy for improvements doco not conctitutc final acceptance of the improvcmcntc under Ccncral Provioion B 8 9. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must 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 calendar 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 Section A - SP (Revised 9/18/00) Page 18 of 26 and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As-Built Dimensions and Drawings (7/5/00) (a) The Contractor shall employ the services of a Texas Registered Public Land Surveyor (RPLS) throughout the construction period to survey the as- built horizontal and vertical locations of all valves, fittings, hydrants, road /ditch crossings, etc. installed during the construction period. At the completion of the construction but prior to final payment the Contractor shall provide the Engineer with RPLS sealed drawings and an electronic survey point file of the as -built construction. The horizontal and vertical datum used for the survey shall be the same as the Project datum. The horizontal and vertical locations of all below grade construction must be surveyed and recorded prior to trench backfill. Payment for this work shall be considered subsidiary to other bid items. (b) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (c) Upon completion of each facility, the Contractor shall furnish the City with one set of project drawings and specifications, marked with red pencil, showing all deviations from the original plans, including any substitutions for the materials originally specified. Any deviations from the original plans or substitutions for the materials specified require prior approval from the Engineer. (7/5/D0) (NOT USED) Section A - SP (Revised 9/16/00) Page 19 of 26 The Contractor ohall be rcoponoiblc for the diopooal of water uoed for testing, particularly high lcvclo of chlorine, will be uoed for dioinfcction, and may exceed aroao. Thcoc arc regulated by numcrouo agcncico ouch ao TCEQ, EPA, ctc. It will bo thc Contractor'p.rcoponoibility to comply with the requirements of all regulatory diopooal of highly chlorinated water. Contractor ohall not use the City'o /anitary newer iyotem for diopooal of contaminated water. A 17 Pre Construction Exploratory Excavations (7/5/00) (NOT USED) expose all ccioting pipclinco of the project that croon within 20 feet of proposed pipclineo of the project and Contractor ohall purvey thc exact vortical and horizontal location of each croaoing and potentially conflicting pipeline. For cxioting pipclinco which parallel and art within ton foot (10') of propoocd pipclinco of the project, Contractor shall excavate and cxpooc /aid exiting horizontal and vertical locationo of paid parallel pipclinco at 300 feet maximam O.C. Contractor Waal' then prepare a report and submit it to the City for approval exicting pipclinco. Contractor ahall perform no construe ion work on the project until all exploratory cxcavationc have bccn made in their-entirety, thc rcaulto thePeof roportcd to tho nginccr and until Contractor receives Enginccr'a approval of report. Exploratory cxcavationo ohall . be conoidcrcd nub i.diary to thc utility coot. Any to the cotabliohcd until price of pavement patching. Contractor ohall provide all A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractors 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 Section A - SP (Revised 5/18/00) Page 20 of 26 benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the. Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a late date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. (NOT USED) to keep thc excavation dry, as approved by the Enginccr, and shall to provide a dry foundation for thc proposed improvements. Storm cntcring the pump suction and flow is pumped to a lo ation that flow prior to cntcring a storm water drainage ditch or storm include all costs water that enters allows for sheet water inlet. An cntcring thc storm water system. Sheet flow and ponding is to allow selido screening and or settling prior to cntcring a storm water conduit or inlet. Storm water or water ayotcm, provided that the quality of groundwater is equal to or better than thc receiving stream, the Corpus Christi Bay. Tooting of groundwater quality-is to Contractor shall coordinate with the City, on all testing. Toot will also bc groundwater disposal alternatives or solutions may be approved by the Engineer on a case by aloe basis. Wastewater Dcpt. City will pay for any water quality tooting or water analysis coot rcquircd. The permit will require as estimate of groundwater flow. Groundwater flow can bc cstimatcd by boring a hole or excavating a short trench then rcoord water pump hole or trench dry to a holding tank or vacuum truck then record how long it providc a otablc trcnch bottom for the installation of any otructurc or pipe. A -52 Electronic Submittal of Bids The following paragraph modifies Section B -2 -7 "Preparation of Proposal ", of the Part B - General Provisions and Requirements for Municipal Construction Contracts. Section A - SP (Revised 9/18/00) Page 21 of 26 The bidder has the option of submitting a computer- generated print -out, in lieu of the Proposal Form (Pages 1 through 9, inclusive). The print -out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 6, inclusive). The print -out shall be substantially in the form attached on the following page to these Special Conditions. If the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 7, 8, and 9. In addition, the print -out proposal shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) A 53 Video Documentation (NOT USED) As part of thc project reg9iremento, the Contraeter shall perform televised lighted, on Digital Video Disk (DVD). The specific findings and observations made labeling, and hard copy Inspection Specification Section 027G10. Thc original and one copy of cach inspection video shall, be forwarded to tho Report e-rmat arc addressed in Standard as each inspection video is completed. If thc quality of the DVD'c does not meet with the Engineer's /City's approval, the Contractor shall repeat the video documenting process, at no increase in contract price, until thc video is The Contractor shall alse make and retain ene direct copy of thc original DVD bid item in the proposal. Thc work and materials will be considered subsidiary to other items in thc proposal. the bid proposal. A.5.4 Trench Safety (NOT USED) trenches, access pits, or other below ground operations, such work shall be in Section A - SP (Revised 9/18/00) Page 22 of 26 (NOT USED) pertaining to idcntificatien and elaooification of confined apaceo, and oeeciatcd rcquircmcnto for cntry i-rite -these areas including compliance with OSHA Regulation thc Contractor shall supply thc Eaginccr with thin certification information of (NOT USED) It io thc intent of thc piano sad 3pccifi ationa that any and all arcao within thc limits of ht proposed projcct that arc affcctcd in any way by construction planes (rcfcr.to "Trench Backfill and pavcmcnt Rcpair" details for all pavcmcnt restoration). If thc cxctiavatcd or damagcd pavcmcnt occtien cxcccdo thcoo rcquircmcnto, thcy shall be rcplaccd with thc oamc typeo and thickncaaca of matcriala ao the existing pavcmcnt. Whcrc concrctc pavements, oidcwalko, curbs, etc. arc c3cavatcd or damaged, thc replacement oha11 ao a minimum conform with thc Contract. If the excavated or damagcd concrctc section cxcccdo these rcquircmcnta, oteel no thc cxioting otructurc(o). Rcotoration of all imp- rovcmcnto ao deocribcd Enginccr. Aal lawns or other gradocd arcao, items mentioned above oha11 be-rcotorcd to its original condition unleao dircctcd othcrwioc by thc Enginccr. clean up of thc cntic project, again ao dircctcd by thc Engineer. All project (NOT USED) approval. The piano should be oubmittcd for approval two weeks in advance prior to 22 "x34" pia- 3hccto and ohoald be rcadablc, lcgiblc, cloan, propertionatc, and if £tandar-do and Practiccs" for Casty rondo, and thc rcquircmcnto of thc Tcxao . Dcpartmcnt of Tranoportation ( TxDOT) for roads undcr thc jurisdiction of TxDOT. Any Contractor shall accurc thc ncceaoary pcmit from thc City' a Traffic Dcpartmcnt. A�- included in thc bid item as abown in tie propooal. Additional information regarding approved traffic control dcvicc3 and oigning io available on TxDOT'a wcboitc Section A - SP (Revised 9/18/00) Page 23 of 26 work to which it is suboidiary. A 59 Rcatoratioa of Privatc Property (NOT USED) The Contractor ohall confine hio work to the— public ROW (NOT USED) ao ohown on thc Plano; cqual to, or better than, cxiotcd includcd, but io not limited to : 1. Rc £odding cxioting lawno 2. Removing and rcplacing fcncco 3., Pruning . damages trcco or shards In thc event that a property owner hao oome type playground equipment; etc.) within the reqiircd prior to hio conotruction. relocation of thcoc itcmo. A 50 AcccsB to Private Property (NOT USED) Rcotoration may of structure (i.c. otoragc work area, thc Contractor ohcd, °hall The Contractor ohall be required to videe record the Condition° that exiot on thc If, in the couroe of work, it io nece °nary to temporarily remove any fence°, thc oeeure ..t , t time° (NOT USED) requirement°. For thin project thc req ircmento are ao follow°: b. Backfill 2. Bottom of Trench a. Bedding b. Backfill Detail Shccto. Dcpth Undcr 10' avcd Ar as Unpavcd Arczao Dclow Croundwatcr Table All Depth° Came Ao Abovc Sand Cemcnt Ctabilizcd Sand Clan Encuvatcd Material Cruohcd Stonc on Stabilized Bottom Section A - SP (Revised 9/18/00) Page 24 of 26 • (NOT USED) prcventions items shewe on thc plans shall be =forded. It shall bc thc Contractors construction meeting for review and appreval. The contractor will also bc responsible for submitting ths3 plan and associated otormwatcr permit (Ace be included in the amount bid for the items as listed in thc proposal. In addition, items arc required to limit or control soil erosion or transport of soil, then the proposal. A -63 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Monthly payment will be withheld if this provision is not followed. A 61 Noicc Control and Working Hour Restrictions (NOT USED) The Contractor shall take reasonable measures to avoid unnecessary noise. Such A 65 Other Accessibility Requirements (NOT USED) work. Section A - SP (Revised 9/18/00) Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT NO. 5232) OWNER: CITY OF CORPUS CHRISTI ENGINEER /ARCHITECT: Naismith Engineering Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL S025404 Asphalts, Oils, and Emulsions S025412 Prime Coat S025414 Aggregate for Surface Treatments & Seal Coat 5025424 Hot Mix Asphalt Concrete Pavement T025260 Crushed Limestone Base T093000 Geogrid Reinforcement Section A - SP (Revised 9/18/00) Page 26 of 26 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND day of MARCH , 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 SafeNet Services, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $652,572.89 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 PROJECT NO.5232 (TOTAL BASE BID: $652,572.89) according to . the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including •overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev_ Jun -2010 P R O P O S A L F O R M/ D I S C L O S U R E S TAT E M E F O R J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2 (PROJECT NO. 5232) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED PROPOSAL FORM Page 1 of 9 10 ADDENDUM[ NO. 2 ATTACHMENT NO . 3 Page 1 of 9 L P R O P O S A L Place; Corpus Christi, Texas Date: 2/16/11 Proposal of SafeNet Services, LLC a Corporation organized and existing under the laws of the OR a Partnership State of or Individual doing business as TO; The City of Corpus Christi, Texas. Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (PROJECT NO. 5232) at the locations set out in the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: REVISED PROPOSAL FORM Page 2 of 9 1. ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 2 of 9 E.ABE BID A, STREET IMPROVEMENTS 1 II III TV V 8YD STEM TY & UNIT DESCRIPTION UNIT PRICE TOTAL FRICE IN F=GVRES - A.1 �~ 13,54 3 SY REMOVE SALVABLE ASPHALT & BASE MATERIALS, STOCKPILE AND /OR REUSE, AND DISPOSE OF NON- SALVABLE ROAD MATERIAL, complete in place per BY $ $ A.2 11,658 SY TX5 -475 TRIAXIAL GEOGRID, complete in place per SY (AT ENTRANCE AREA & BRUSH ROAD) $ $ A.3 1 13,543 SY 12" CRUSHED LIMESTONE & RECYCLED ASPHALT MILLINGS (0 % -30% CONTENT) BASE, complete in place per SY (AT ENTRANCE AREA AND SOUTHERN ACCESS ROAD) $ "` $ �� A.4 2,032 GA PR /ME COAT (0.15GAL /SY), complete in place per GAL y $ $ %:, $ A.5 ��- 6,024 SY REUSE 4" 08 SALVABLE. EXIST'1iSPHALT & BASE MATERIAL, complete in place per SY (AT BRUSH ROAD) $ A.6 6,024 SY 4" CRUSHED LIMESTONE ALL - WEATHER SURFACE, complete in place per SY (AT BRUSH ROAD) $ ,' $ A.7 7,909 SY 2" TYPE "C" HMAC PAVEMENT, complete in place per SY $ $ A.8 5,634 SY 3" TYPE "C" HMAC PAVEMENT, complete in place per SY $ _\ $ A,g 171 LF 4" SOLID YELLOW PAVEMENT MARKING, complete in place per LF $ $ , A.10 1.1 AC HYDROMULCH SEEDING, complete in place per AC $ $ A.11 1 LS SIGNING & TRAFFIC CONTROL, complete in place per LS $ $ A.12 1 LS FLAGGERS FOR TRAFFIC CONTROL, IN CONNECTION WITH PHASED PAVEMENT CONSTRUCTION IN SCALE AREA, complete in place per LS t /-) $ A.13 1,230 LF EROSION CONTROL - SILT FENCE OR SILT BARRIER, complete in place per LF $ $ A.14 27 EA EROSION CONTROL - BALED HAY, complete in place per EA $ $ A.15 1 EA REMOVAL AND. REPLACEMENT OE EXIST ADA $ $ ACCESS RAMP, oOmplete in place per EA A.16 1 LS MOBILIZATION/DE- MOBILIZATION /BONDS /INSURANCE, complete in place per LS $ $ A.17 g EA OZONE ACTION DAY, complete in place per EA $ $ TOTAL (SUM OF ITEMS A.1-A.17) BASE BID A: $ PROPOSAL FORM Page 3 of 9 ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 3 of 9 B. .ASE BID B, STREET IMPROVEMENTS 1 1I III IV iT 1 $ TY & DESCRIPTION UNIT PRICE TOTAL, PRICE IN FXGVRES T M UNIT 33.1 ].3,543 SY REMOVE SALVABLE ASPHALT & BASE MATERIALS, STOCKPILE AND /OR REUSE, AND DISPOSE OF NON - SALVABLE ROAD MATERIAL, complete in place per SY $ "" $ $.2 11,658 SY 6" LIME STABILIZED SUBGRADE, complete in place per SY (AT ENTRANCE AREA & BRUSH ROAD) $ $ 8.3 13,543 BY 12" CRUSHED LIMESTONE BASE, complete in place per SY (AT ENTRANCE AREA & SOUTHERN ACCESS ROAD) , $ `— S 33.4 2 2 GA ,03 PRIME COAT (0.15GAL /SY), complete in place per GAL $ $ 8.5 6,024 SY REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MATERIAL, complete in place per SY (AT BRUSH ROAD) $ $ ' 8.6 6,024 SY 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE, complete in plane per SY (AT BRUSH ROAD)_ 1�' 8.7 7,909 SY 2" TYPE "C" HMAC PAVEMENT, complete in place per SY�- -______ 8.8 5,634 SY 3" TYPE "C" HMAC PAVEMENT, complete in place per SY $ B.9 171 LP 4" SOLID YELLOW PAVEMENT' MARKING, complete in place per LF $ $ 13.10 1.1 AC HYDROMULCH SEEDING, complete in place} per AC $ 13.11 1 LS SIGNING & TRAFFIC CONTROL, complete in place per LS u } $ $ 8.12 1 LS FLAGGERS FOR TRAFFIC CONTROL, IN CONNECTION WITH PHASED PAVEMENT CONSTRUCTION IN SCALE AREA, complete in place per LS $ $ 8.13 1,230 LF EROSION CONTROL - SILT FENCE OR SILT BARRIER, complete in place per LF $ $ 8.14 27 EA EROSION CONTROL - BALED HAY, complete in place per EA $ $ 8.15 1 EA REW VAL AND iiL munamcwr or EKI'ST ADA. $ $� ACCESS RAMP, complete in place per EA 8.16 1 LS MOBILIZATION/DE- MOBILIZATION /BONDS /INSURANCE, complete in place per LS $ $_� 8.17 g OZONE ACTION DAY, complete in place per EA $ $ TOTAL (SUM OP ITEMS B.1 -B.17) BASE BID B: $ ') j f1 REVISED PROPOSAL FORM Page 4 of 9 ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 4 of 9 DITIVE ALTERNATE BID NO.1 .. LAYDOWN PAD NO.1 i II III IV BID SID QTY & DESCRIPTION UNIT PRICE TOT2k1„ PRICES IN FIGURES _TEM UNIT AA2.1 2,500 SY TX5 -475 TRIAXIAL GEOGRTD, complete in place per SY (AT ENTRANCE AREA & BRUSH ROAD) `\ t, 4h $ \J $L' r AA1.1 2,500 SY TX$ -475 TRIAXIAL GEOGRID, complete in place per SY (AT ENTRANCE AREA & BRUSH ROAD) $ Ni - $ ' $ 2620.3 AA1.2 2,500 SY REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MATERIAL, complete in place per SY $---` AAl.3 2,500 SY 4" CRUSHED LIMESTONE ALL - WEATHER, complete in place per SY $ $ TOTAL (SUM OF ITEMS AA1.1—AA1.3) ADDITIVE ALTERNATE BID NO.1 : $ 7 , r. {= ADDITIVE ALTERNATE BID NO.2 — LAYDOWN PAD NO.2 I II III IV V BID QTY & DESCRIPTION IOTA' ,RICE UNIT PRICE IN `F CURES ITEM UNIT UNIT AA2.1 2,500 SY TX5 -475 TRIAXIAL GEOGRTD, complete in place per SY (AT ENTRANCE AREA & BRUSH ROAD) `\ t, 4h $ \J $L' 1,167 SY AA2,2 2,500 SY REUSE 4" OP SALVABLE EXIST ASPHALT & BASE MATERIAL, complete in place per SY Ni - $ ' $ 2620.3 2,500 SY 4" CRUSHED LIMESTONE ALL - WEATHER, complete in plane per SY $ 11, $ _ TOTAL (5U4 OF ITEMS AA2 . 1 AA2 .3 ) ADDITIVE ALTERNATE BID N0.2 : $_ IVE ALTERNATE BID NO.3 — TEMPORARY DETOUR AND PARKING AREA 1 II III IV V BID ITEM QTY & DESCRIPTION UNIT PRICE TOTAL PRICE IN FIGURES UNIT A.A3.i. 1,167 SY 8" RECYCLED ASPHALT MILLINGS (FROM ON- SITE STOCKPILE), complete in place per SY $ $ c' TOTAL ADDITIVE ALTERNATE BID NO.3:$ REVISED PROPOSAL FORM Page 5 of 9 ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 5 of 9 FADDITIVE ALTERNATE SID NO. 4 — 2 - COURSE SURFACE TREAT0E;01't -- - II XXI IV BID ITEM -_-QTY & UNIT DESCRIPTION UNIT PRICE TOTAZ, PRICE IN FIGURES AA4.1 6,024 SY 2- COURSE SURFACE TREATMENT, Complete in $ place per ST TOTAL ADDITIVE ALTERNATE BID NO.4: ¶J'OTAL BASE BID "A": 'TOTAL BASE BID "B ": _ADDITIVE ALTERNATE BID NO. 1: ADDITIVE ALTERNATE BID NO, 2: ADDITIVE ALTERNATE BID NO. 3: ADDITIVE ALTERNATE BID NO. 4: r° BID SUMMARY REVISED PROPOSAL FORM Page 6 of 9 $ $ � $ ' c c: j � t ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 6 of 9 id Ite Quanti Unit Description Unit Sell Total Sell Al 13,543 SY A2 11,658 SY A3 13,543 SY A4 2,032 GAL A5 6,024 SY A6 6,024 SY A7 7,909 SY A8 5,634 SY A9 171 LF Al0 1.10 AC All 1 LS Al2 1 LS A13 1,230 LF A14 27 EA A15 1 EA A16 1 LS A17 6 EA Remove Salvable Asphalt & Base - Stockpile and/or reuse - dispose of non - salvable materials TX5 -475 TRIAXIAL GEOGRID, complete & inplace per SY (at entrance & brush road) 12" Crushed Limestone & recycled aspahalt millings (0 % -30% content)complete & in place(at entrance area & southern access road) Prime Coat (0.15ga1 /SY) complete & in place per gal Reuse 4" of Salvable Existing Asphalt & base materials, complete & in place (At Brush Road) 4" Crushed Limestone All Weather Surface (At Brush Road) 2" Type "C" HMAC Pavement, complete & in place per SY 3" Type "C" HMAC Pavement, Complete & in Place per SY 4" Solid Yellow Pavement Markings per LF Hydromulch Seeding, complete & in place per Acre Signage & Traffic Control, complete & in place per LS Flaggers for traffic control, in conjunction with phased pavement construction in scale area, complete & in place Erosion Control -Silt Fence or Silt barrier, complete & in place Erosion Control- Baled Hay, Complete & in Place per Each Removal & Replacement of Exist ADA Access ramp, Complete in place per EA Mobilization /Demobilization / Bonds /Insurance OZONE ACTION DAYS $7.02 $4.11 $7.72 $3.01 $3.23 $6.19 $11.58 $17.55 $2.16 $1,989.00 $11,115,00 $4,970.16 . $3.10 $32.76 $2,1 87.90 $15,795.00 $2,368.08 $95,071.86 $47,875.91 $1 04,579.05 $6,110.02 $19,452.70 $37,284.34 $91,609.95 $98,876.70 $370.13 $2,1 87.90 $11,115.00 TOTAL BASE BID "A" (Sum of Items A11 A'16) BASE BID B, Street Improvements �d ItertQuantitli Unit B1 13,543 SY B2 11,658 SY $4,970.16 $3,813.62 $884.52 $2,187.90 $15,795.00 $14,208.48 $556,393.23 Description Remove Salvable Asphalt & Base- Stockpile and /or reuse- dispose of non - salvable materials 6" Lime Stabilized Subgrade, Complete & in Place per SY (at Entrance Area & Brush Road) Unit Sell [ Total Sell I $7.02 $95,071.86 $4.70 $54,832.24 1 B3 B4 B5 6,024 SY B6 6,024 SY B7 7,909 SY B8 5,634 SY B9 171 LF B10 1.10 AC B11 1 LS 12" Crushed Limestone Base complete & in place per SY (at entrance,area & southern 13,543 SY access road) Prime Coat (0.15gal /SY) complete & in place 2,032 GAL per gal Reuse 4" of Salvable Existing Asphalt & base materials, complete & in place (At Brush Road) 4" Crushed Limestone All Weather Surface (At Brush Road) 2" Type "C" HMAC Pavement, complete & in place per SY 3" Type "C" HMAC Pavement, Complete & in Place per SY 4" Solid Yellow Pavement Markings per LF Hydromulch Seeding, complete & in place per Acre Signage & Traffic Control, complete & in place per LS Flaggers for traffic control, in conjunction with phased pavement construction in scale area, B12 1 LS complete & in place Erosion Control -Silt Fence or Silt barrier, B13 1,230 LF complete & in place Erosion Control- Baled Hay, Complete & in B14 27 EA Place per Each Removal & Replacement of Exist ADA Access B15 1 EA ramp, Complete in place per EA B16 1 LS Mobilization /Demobilization / Bonds /Insurance B17 6 EA OZONE ACTION DAYS $9.84 $3.01 $3.23 $6.19 $11.58 $17.55 $2.16 $1,989.00 $11,115.00 $4,970.16 $3.10 $32.76 $2,187.90 $15,795.00 $2,368.08 $1 33,259.06 $6,110.02 $19,452.70 $37,284.34 $91,609.95 $98,876.70 $370.13 $2,1 87.90 $11,115.00 $4,970.16 $3,813.62 $884.52 $2,187.90 $15,795.00 $14,208.48 TOTAL BASE BID "B" (Sum of Items B1 -B16) ADDITIVE ALTERNATE BID NO, 1- LAYDOWN PAD NO. 1 IterJQuantityl Unit I AA1.1 2,500 AA1.2 2,500 AA1.3 2,500 $592,029.57 Description TX5 -475 TRIAXIAL GEOGRID, Complete and in SY place per SY Reuse 4" of Salvable Existing Asphalt & base SY materials, complete & in place per SY 4" Crushed Limestone All- Weather, Complete & in Place per SY SY I Unit Sell I Total Sell $4.11 $3.23 $6.19 $10,266.75 $8,073.00 $15,473.25 $33,81 3.00 TOTAL Additive Alternate Bid No. 1 (Sum of Items AA1.1- AA1.3) ADDITIVE ALTERNATE BID NO. 2- LAYDOWN PAD NO. 2 1 lid IteiQuantity4 Unit I Description 1 Unit Sell Total Sell AA2.1 2,500 AA2.2 2,500 AA2.3 2,500 TX5 -475 TRIAXIAL GEOGRID, Complete and in SY place per SY Reuse 4" of Salvable Existing Asphalt & base SY materials, complete & in place per SY 4" Crushed Limestone All- Weather, Complete & in Place per SY SY $4.11 $3.23 $6.19 $ 10,266.75 $8,073.00 $ 15,473.25 $33,813.00 TOTAL Additive Alternate Bid No. 2 (Sum of Items AA2.1- AA2.3) ADDITIVE ALTERNATE BID NO. 3- Temporary Detour & Parking Area I id IterIQuantityl Unit I Description 5" Kecycled Asphalt Millings (From onsite SY Stockpile), complete and in place per SY AA3.1 1,167 Unit Sell Total Sell $3.23 $3,768.48 1 TOTAL Additive Alternate Bid No. 3 $3,768.48 MIIMIIIIIIMIMIMIIIIIIIIIIMIIMIIIMIIIMIIIMINI ADDITIVE ALTERNATE BID NO. 4- 2- Course Surface Treatment [id IterlQuantitiji Unit 1 Description 1 Unit Sell I Total Sell 2- Course Surface treatmen', complete in place AA,4.1 6,024 SY per SY 1 $4.11 $24,738.76 1 TOTAL Additive Alternate Bid No. 4 $24,738.76 • TOTAL BASE BID "A" TOTAL BASE BID "B" ADDITIVE ALTERNATE BID NO. 1 ADDITIVE ALTERNATE BID NO. 2 ADDITIVE ALTERNATE BID NO. 3 ADDITIVE ALTERNATE BID NO. 4 =Wr` $556,393.23 $592,029.57 $33,813.00 $33,813.00 $3,768,48 $24,738.76 L. examined The undersigned hereby declares that he has visited the site and has carefu ly 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 1 in any sense a warranty but are mere estimates for the guidance of the Cont ac'actor. Upon notification of award of contract, we will within ten (10) calendar dayes 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 paytnernt 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 additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low b dder 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 the work within r from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda #1 -dated 2/8/11, #2 -dated 2/14/11 (SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name: David Alexander By: (SIGNATURE) Address: 1321 Glenoak Drive (P.O. Box) (Street) Corpus Christi, Texas 78418 (City) (State) (Zip) Telephone: (361) 937 -9300 number) : REVISED PROPOSAL, FORM Page 7 of 9 (Revised August 2000) ADDENDUM NO. 2 ATTACHMENT NO. 3 Page 7 of 9 City Secretary Asst. City Attorney ATTEST If . .. 1/4?.�. ° _ ,.. ° i'!.�°„`'°^ ., CITY OF CRPUS C STI By: " C�AA�"41, I Juan Perales, Jr.,P.E. Assistant City Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR SafeNet Servi es, LLC B ALL Title: Giant 1321 Glenoak Drive (Address) Corpus Christi, TX 78418 (City) (State)(ZIP) 361/937 -9300 * 361/937 -8853 (Phone) (Fax) Ma-pit-06r? AIrWRIZED 9Y COIJNOIL,..I:[3.4 Page 3 of 3 Rev. Jun -2010 CRIRFTANY P E R F O R M A N C E B O N D Bond No. 60071848 STATE OF TEXAS .§ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT SafeNet Services, LLC of NUECES County, Texas, hereinafter called "Principal ", and �Pal:EY of North America , a corporation organized under the laws of the State of Michigan , 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 SIX HUNDRED FIFTY -TWO THOUSAND, FIVE HUNDRED SEVENTY --TWO AND 89/100($652,572.89) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND of MARCH , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 PROJECT NO.5232 (TOTAL BASE BID: $652,572.89) 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 1 1 1 1 1 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 29th day of March , 2011 Resi Agency: Contact Person: Address: Phone Waxaber • (NOTE: PRINCIPAL SafeNet Services, By: ST e a ces QAnfr A_ Ml ofl , e� 11 h e� RtW qqi;‘) am e & Title) j SURETY The Guarantee Company of North America USA Theresa Parker, Attorney -In -Fact (Print Name) i iASra :,.:rte' ±�t,. • .mot Swantner & Gordon Insurance Agency, LLP Randall Lee. Managing Partner 500 N. Shoreline Blvd., #1200 Corpus Christi, TX 78471 361 -883 -1711' Date of Performance Bond must not be prior to date of contract) Performance Bond Page 2 of 2 Texas (Revised Geea- /45.54V0-e-t 4 rn,u& 1 1 1 1 1 1 1 1 1 STATE OF TEXAS § COUNTY' OF NUECES P A Y M E N T B O N D Bond No. 60071848 KNOW ALL BY THESE PRESENTS: THAT SafeNet Services, LLC of NUECES County, Texas, hereinafter called "Principal ", and The Guarantee Companv of North America ASA a corporation organized under the laws of the State °Michigan 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 SIX HUNDRED FIFTY -TWO THOUSAND, FIVE HUNDRED SEVENTY-TWO AND 89/100 ($652 572.89) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND day MARCH , 2011, a copy of which is hereto attached and made apart hereof, for the construction of: J.C. ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 PROJECT NO.5232 (TOTAL BASE BID: $652,572.89) 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 -2, 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 29th day of March , .20 11 PRINCIPAL SafeNet Services L Sy: D iL i `� nd eri (Print Name & it e) SURETY The Guarantee Company of North America USA Theresa Parker, Attorney-In-Fact (Print Name) + ^ a • • p Suret • u L Nueces Coun ., Texas�f' Ageuucy: Swantner & Gordon Insurance Agency, LLP Contact Person: Randall Lee, Managing Partner Address: Phone Number: 500 N. Shoreline Blvd., #1200 Corpus Christi, TX 78471 361 - 883 -1711 (NOTE: Hate of Payment Bond must not be prior to date of contract) (Revised Payment Bond Page 2 of 2 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Theresa Parker, Laura Mary Kessler, Allison Coady The Guarantee Company of North America USA -, Phoenix Arizona Office its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.433 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31st day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7th day of June, 2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen Dullard V P ice President On this 7th day of June, 2007 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2022 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. �-� a. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29 day of March 2011. SUPPLIER NUMBER TO BEASSIONED BY C:il'Y PURCHASING. DIVISION City Z.—.........7. of . City CITY OF CORPUS CHRISTI nos i 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. COMPANYNAME: SafeNet Services, LLC P. O. BOX: STREET ADDRESS: 1321 Glenoak Drive CITY: Corpus Christi ZIP: 7$418 - FIRM IS. 1. Corporation 4. Association 2. Partnership 5. Other • LLC 3. Sole Owner . DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership constituting 3% or more of the ownership in the above named "firm." Name N/A Job Title and City Department (if known) interest" 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 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 N/A Board, Commission or Committee 4, State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A Revised Proposal Form Page a of 9 Addendum No . 2 Attachment No . 3 Page 8 of 9 - . 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 discloses that at in a signed writing to the City official, employee or body that has been requested to act in the mater, 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 Y 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: David Alexander Title: Owner (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/16/11 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. Revised Proposal Form Page 9 of 9 Addendum No. 2 Attachment No . 3 Page 9 of 9 CERTIFICATE OF LIABILITY INSURANCE OP ID: MB DATE(MMfDD1YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.! THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPDRTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRooucER Keetch 8 Associates Insurance P. O. Box 1910 Alice, TX 78333 Keetch 8, Associates Insurance / CONTACT NAME: INC NNo Frt1.361- 664 -5421 iaC.Naj: 361 - 664_5425 E-MAIL PRODECS; PRODUCER CUSTOMER ID ft' SAFEN4 INSURER(S) AFFORDING COVERAGE NAIL INSURED SafeNet Services LLC li 1321 Glenoak Dr. Corpus Christi, TX 78418 INSURER A :Scottsdale Insurance Co 0 INSURER B :Associated International Ins. LIABILITY COMMERCIAL GENERAL LIABILITY INSURER c :Travelers Casualty Insurance INSURER D: Travelers Lloyds Insurance BCS0022027 INSURER E : 04130!11 . INSUREB.F : $ COVE CE • THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 0? TYPE TYPE OF INSU RA C E ADDL _lNSR SUBR NAM POLICY NUMBER POLICY EFF IMMlDD1YYYYt POLICY EXP (MMfDDrYVYV1 LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR BCS0022027 04/30110 04130!11 EACH OCCURRENCE $ 1,000,000 X DAMAGE 12 I-( NiED PREMISES (Ea occurrence), $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMiT APPLIES PER: POLICY X _Mr' I I LOC PRODUCTS - COMPIOPAGG s 2,000,000 $ C AUTOMOBILE LIABILITY ANY AUTO DD"" ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA9086P014 04130/10 04130111 -V /,r COMBINED SINGLE LIMIT $ f i� 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ B X —^ UMBRELLA LIAB EXCESS LIAB X OCCUR 19 CLAIMS•MADE CUBW3046310 - 04130/10 04130 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,0 $ X 1 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE YEl OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under . DESCRIPTION OF OPERATIONS below N I A WC STATU- I I OTH " TORY LIMITS L LER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Builders Risk Reporting Form QT6604243L362 06/01(10 06/01111 See Below 5,01)0,0011 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JC Elliot Landfill Pavement Life Cycle Replacement 2010 Project No. 5232. ;' The City of Corpus Christi is named as Additional Insured on all General V Liability and all Auto Liability Policies. 30 Days Notice of Cancellation in Favor of City of Corpus Chnsti. CERTIFICATE HOLDER CANCELLATION CI CC -CO City of Corpus Christi Dept of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Keetch & Associates Insurance ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: I-FOLDER CODE CICC-co INSURED'S NAME SafeNet Services LLC General Liabilitolicyincludes Premises-Operation,' Contractual; Broad Form; Property -Damage & Independent Contractors; CU. SAFEN -1 PAGE 2 OP ID: MB DATE 03125,11 A CORD, CERTIFICATE OF LIABILITY INSURANCE DATE ~___ (6gq/p 03/25/20D 11� PROW-ICES Terry Hookstra 1004- Misty Knoll San Antonio, Texas 78258 Phone: (210) 860 -5060 Fax: (210) 495 -4375 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ALTER THE COVERAGE AFFORDED BY THEMPOL CERTIFICATE CIEXTEND OW) INSURERS AFFORDING COVERAGE NAIC # INSURED eEmployers Solutions, Inc. 1221 1 Huebner Road San Antonio, Texas 78230 INSURER A: Texas Mutual Insurance Company INSURER B: ---- ....150/44 tNSURERO: - INSURER D: INSURER E: $ 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. INSR. _ r. AC?D' 1. :. 114 ., ._, POLICY NUMBER POLICY EFFECTIVE ,..;1. .►!1 POLICY EXPIRATION ,_ LIMITS GENERAL LIABILITY COMMERCIAL GENERALI.IABIUTY ■ CLAIMS MADE OCCUR _ ....150/44 EACH OCCURRENCE $ ■ ,. .trr • , PRFAIISE.Slaa oeeurancei $ MED EXP (Anyone person) $ PERSONAL &ADVINJURY $ GENERAL AGGREGATE $ GENLAGGREGATE LIMIT APPLES PER: PRODUCTS - COMPIOP ABU $ POLICY Ft:T r7 LOC AUTOMOBU E LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ee occident) $ BODILY INJURY iPerporson} $ -- BODILY INJURY (Per acdder0 5 PROPERTY DAMAGE (Peracddent) $ GARAGE LIABILI Y ANY AUTO AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSRIMBRELLA / EACH OCCURRENCE 3 �LIABILITY ( OCCUR ! I CIAIMSMADE AGGREGATE b DEDUCTIBLE RETENTION $ 3 H $ A WORKERS COMPENSATION AND EMPLOYERS' LUBILITY ANY PROPRIETOWPARTNER}EXECUTIVE OFFICER/MEMBEREXCLUDED? iRbg TSF - 0001109837 10/01/10 10/01/11 WOC STATT5_ j OT- ✓ 1 RYLt9dI E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EAEMPLOYEE $ 1,000,000 E.L. DISEASE_ POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIO FOR EMPLOYEES LEASED TO: SAFENET SERVICES, LLC Project #5232 J.C. Elliott Landfill Pavement Life Cycle Replacement 2010 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO 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 LEF IMPOSE NO OBLIGATION OR LIABI L ' _ Y HIND REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FAILURE TO DO 50 SHALL SU• _' ITS AGENTS OR ACORD 25 (2001/08) ACORD CORPQRATION 1988 POLICY NUMBER BCS0022027 ✓ COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY 1 ALL LOCATIONS _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". Named Insured: SafeNet Services LLC Policy Number: BCS0022027 Effective Date of This Endorsement: 04-30-2010 Authorized Representative: lehatt Name (Printed): Kevin Keetch Title (Printed): President CG 20370704 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Insured Copy COMMERCIAL GENERAL LIABILITY CG 20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -- Who Is M Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for 'bodily injury ", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. Named Insured: SafeNet Services, LLC Policy Number: BCS0022027 Effective Date of This Endorsement: 04 -30 -2010 Authorized Representative: kuu Name (Printed): Kevin Keetch Title (Printed): President B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. 'Bodily. injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 0704 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Insured Copy COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to overage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto "; in the event of a total theft "loss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; CA T4 20 07 06 following: (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. C. COVERAGE EXTENSION - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III - PHYSICAL DAMAGE COVER- AGE, B. Exclusions. exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a, Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE -- GLASS SECTION III - PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto ", then the Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies. Inc. o= a■ • n= u= 010205 COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con - tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION 11— LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION 11 — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. I. COVERAGE EXTENSION — TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or Tess designed primarily for travel on public roads. Named Insured: SafeNet Services LLC y' Policy Number: BA9086P014 Effective Date of This Endorsement: 04 -30 -2010 Authorized Representative: Name (Printed): Kevin Keetch Title (Printed): President Page 2 of 2 includes the copyrighted material of Insurance Services Office, inc. with its permission. Includes the copyrighted material of The St. Paul Travelers Companies, Inc. CA T4 20 07 06 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi; Dept. of Engineering Services Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 3. Number of days advance notice: Thirty (30) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Named Insured: SafeNet Services, LLC .j Policy Number: BCS0022027 Effective Date of this Endorsement: 11 -15 -2010 Authorized Representative: Name (Printed): Kevin Keetch Title (Printed): President CG 02 05 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 El POLICY NUMBER: BA9086P014 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11-15-2010 Named Insured: SafeNet Services, LLC Countersigned By: SCHEDULE (Authorized Representative) Number of Days' Notice 30 Name Of Person Or Organization City of Corpus Christi: Department of Engineering Services Attn: Contract Administrator Address P.O. Box 9277, Corpus Christi, TX 78469 -9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule Wa will give the numher of riey's notice indicated in the Schedule. Authorized Representative Name (Printed): Kevin Keetch Title (Printed): President CA 02 44 06 04 J rr-3, ISO Properties, Inc_., 2003 Page 1 of 1 ID TeXaSM InsuranceCampany WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES PO BOX 9277 ATTN: CONTRACT ADMINISTRATOR V CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which it is attached effective on the inception date or the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on November 17 , 2010 at 12:01 A.M. standard time, forms a part of Policy No TSF- 0001109837 20101001 of the Texas Mutual insurance Company Issued to E EMPLOYERS SOLUTIONS I NC Premium S 0 , 00 WC420601 {ED. 1-94) Endorsement No. 46 Authorized Representative MXSALAZA 11 -17 -2010 j