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C2011-196 - 4/12/2011 - Approved
:Ti -Zack Concrete 2011-196 M2011-087 i 04/12/11 (Revised 7/5/00) ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT #E10154 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office (Not Uecd) A 18 Schedule and Sequence of Construction(Not Used) A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Cigns (Not Used) A-22 Minority /Minority . Business Enterprise Participation Policy (Revised 10/98) (Not Used) A -24 Surety Bonds A 25 Ealco Tax Exemption NO LONCER APPLICABLE (6/11/98) (Not Used) A -26 Supplemental Insurance Requirements _ - (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 1 (Not Used) A -36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water P (Not Used) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (Not Used) A -40 Amendment to Section B -8 -6: Partial Estimates • A -41 Ozone Advisory (Not Used) A -42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended "Prosecution and Progress" PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 025205 - Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement (S -54) 025222 - Flexible Base - High Strength (S -24A) 025404 -. Asphalts, Oils, and Emulsions (S -29) 025412 - Prime Coat (S -30) 025424 -- Hot Mix Asphalt Concrete Pavement (Class A) (S-34) 025610 - Concrete Curb and Gutter (S --52) 025612 - Concrete Sidewalks and Driveways (S -53) 027205 - Fiberglass Manholes S58A 030020 - Portland Cement Concrete (S -40) 032020 - Reinforcing Steel (S -42) 038000 - Concrete Structures (S -41) 097020 - Exposed Aggregate Finish for Concrete Sidewalks (S -51) PART T - TECHNICAL SPECIFICATIONS T- 025614 - Concrete Curb Ramps T1 -Tex. Access Standards. & Memorandums Exhibit No.1 LIST OF DRAWINGS. Sheet 1 -- Title Sheet, Vicinity Map and Sheet Index Sheet 2 - Legend and Abbreviations Sheet 3 - General Notes Sheet 4 - Bid Schedule Sheet 5 - Curb, Gutter, and Sidewalk Details Sheet 6 - Standard Driveway Details Sheet 7 - Standard Driveway Details REFERENCES - TRAFFIC CONTROL PLANS Sheets 8 thru 19 -- Typical Application Traffic Control Details NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS -.J l ti� NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: ROLLED CURB AND GUTTER REPLACEMENT PROJECT FY-2011 - #E10154; This project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the removal and replacement of approximately 7,000 linear feet of concrete curb and gutter; 6,200 square feet of driveway approaches, 2,200 square feet of sidewalks; 3,400 square yards of pavement repair. The work will be performed at various locations throughout the City with multiple detailed Delivery Orders issued providing the actual location, scope and price based on the contractor's proposed unit pricing. The contract will have a base performance period of approximately one year with options for two 1 -year extensions. All work will be in accordance with plans, specifications and contract documents; bids will be received at the office of the City Secretary until 2 :00 p.m., on January 26, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. There will be a pre -bid meeting on Wednesday, January 19, 2010 at 10:00 a.m. at the Engineering Services Conference Room, 3rd Floor. City Hall, 1201 Leopard Street, .Corpus Christi, Texas. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids,, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 ' 7 c.� NOTICE TO CONTRACTORS - A Y-: NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March 2009 A Certificate of Insurance indicating proof of coverage . in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractuallnsurance 8. Broad Form Property Damage 9. Independent Contractors 10. Personal Injury $2,000,000 COMBINED SINGLE LIMIT . AUTOMOBILE LIABILITY —OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE. LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tem environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT • REQUIRED NOT REQUIRED - BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER , See Section B-6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ❑ The City of Corpus Christi must be named as an additional insured on alI coverages except worker's compensation liability coverage. ❑ The name of the project must be listed under "description of operations" on each certificate of insurance. ❑ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS =- B NOTICE TO CONTRACTORS — B WORKER' S COMPENSATION INSURANCE REQUIREMENTS. Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQTJIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who, will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing Iabor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the Ianguage 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 (13) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing al1 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; Page4of11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be fled with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of SeIflnsurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by Iaw to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective Novzmber 6, 1995, 20 TexReg 8609 Page 7 of 11 T288110.1100)(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 on the legal requirement for coverage, to very whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC-83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 40l .011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage periods file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 T. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 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 classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of he project; '2 J provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, . within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. .1. 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 'ill provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Page 10 of11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 SECTION A SPECIAL PROVISIONS PART A SPECIAL PROVISIONS ROLLED CURB AND GUTTER REPLACEMENT 'Y 2011 PROJECT # E10154 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., on January 26, 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 ATTN: BID PROPOSAL - Rolled Curb and Gutter Replacement FY 2011 Project No. E10154 There will be a pre -bid meeting on Wednesday, January 19,2010 at 10:00 a.m. at the Engineering Services Conference Room, 3=a Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas and conducted by the City. Any proposal not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid. opening. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the removal and replacement of approximately 7,000 linear feet of concrete curb and gutter; 6,200 square feet of ,.driveway approaches, 2,200 square feet of sidewalks; 3,400 square yards of pavement repair. The work will be performed at various locations throughout the City with multiple detailed Delivery Orders issued providing the actual location, scope and price based on the contractor's proposed unit pricing. The contract will have a base performance period of approximately one year with options for two 1 -year extensions. A -4 Method of Award The bids will be evaluated based on the following subject to the availability of funds: 1. Total Base Bid - (Total Extended Unit Prices for Estimated Bid Quantities) The City intends to award this Indefinite Delivery /Indefinite Quantity (IDIQ) Contract for approximately $400,000.00 in the initial year. The contract has the provisions to be a multiple year contract with the initial be performance Section A - SP (Revised 12/15/04) Page 1 of 22 period of approximately one year and may be renewed for two additional 1 -year performance periods. Renewal will be based on the Contractor's successful . performance of the delivery order, approval by the City, and concurrence. by the Contractor. The 'renewal will allow for a City approved economic adjustment, based upon published and acceptable indices. The 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 contract award value will be based on current budget allocations. The Contractor will have no basis for a claim against the City, if the. actual award of delivery order total is less. A -5 Items to be Submitted with Proposal The following items are required to be submitted with-the proposal: 1. 5% Bid Bond (Must reference ROLLED CURB AND GUTTER REPLACEMENT FY 2011, PROJECT No. E10154 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank. draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The initial contract duration for completion of the Project will. be 365 calendar days. Individual Delivery Orders will be issued throughout the year with specific locations where curb and gutter is to be replaced and a detailed scope of work. - - contractor ohall: The working time for completion will be stated in individual Delivery Orders. The working time will be counted from the time the Delivery Order is approved and issued. Within three (3) calendar days of receiving a delivery order, the Contractor shall mobilize and begin work. The Contractor shall continuously work until all locations are completed. The section under construction shall be completed prior to relocating to a new section, unless additional crew(s) is /are utilized at new location(s). "Continuously Work" is defined as working a minimum of eight' (8) hours per day, five (5) days per week. The only acceptable reason for not performing this continuous work will be inclement weather or an area too wet due to inclement weather. If, in the opinion of the Engineer, the Contractor has not worked days when productive work is possible, then the Contractor can incur liquidated damages for those days not worked. The assessment of liquidated damages is, therefore, not confined only to those days in excess of the total time allowed by each delivery order, but can be assessed throughout the contract period. For each calendar day that any work remains incomplete after the time specified in the Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Section A - SP (Revised 12/15/04) Page 2 of 22 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 case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimim, 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 rags to all laborers, workmen, and mechanics employed by than in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per.calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor east keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by the in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obrair, copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer hi-weekly. Section A - SP (Revised 12/1S/04) Page'3 of 22 I (See section for Minority /Minority Busisiess • E<iterprise Participation Policy for addi tiona7. regrxirenents conc etn9 r the proper form and content of the payroll Submittals . ) One and one -half (134) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B-7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall ceoperate with all public and . private agencies with facilities operating within the limits of the Pz ject. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1 -800- 344 - 8377, the Lorne -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 826 -3500 Project Engineer, Felix Ocanas 851 -1203 (549 -4576 after hours) ECMS,LLC. Registration No. F3899 Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services • AEP SBC City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) Choice Com (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3540 826 -2600 826 -1881 826 -1800 826 -6900 826 -1875 826 -3461 857 -1940 1 -800- 373 -48 881 -2511 826 -3589 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512- 935 -0958 972- 753 -4355 (826 -1888 after "(826 -1888 after (826 -1888 after (826 -3140 after hours) hours) hours) hours) 58 (1- 800 - 824- 4424,after hrs) 826 -3747 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888 -204 -1679) (Pager 850 -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. 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 Section A SP (Revised 12/15/04) Page 4 of 22 satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient.traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Al]. costs for traffic control are considered subsidiary; therefore, no direct payment will be made to 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. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the applicable bid item; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken 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. Section A - SP (Revised 12/15/04) Page 5 of 22 A -17 Field Office (NOT USED) office at the conotruction cite. The field office mutt eentain at 1caat 120 ao required by the City Engineer or his rcprcacntativc. The field office must be furnichcd with a -tcicphonc (with 24 hour per day anowertng oervice) and PAX office. A 18 Schedule and Sequence of Construction (NOT USED) review. 2. Itcma to Include: Chow complete nequcncc e€ construction by activity, activitico. Identify thc firot work day of oach wcck. A -19 Construction Project Layout and Control The drawinga may depict but not neeeooary inc1ae: lines, slopcc, grades, p ided by thc City or Consult ,t Project Engineer- ee tro1 of the we k. The Contractor shall furnish all lines, slopes, and measurements for control of the work. the City er - Consultant Project Engineer as neee sary, Engineer at the cxpcnoc of the Contractor. ne coot to the to properly execute the work, the Contractor shall obtain- approval of the City Section A - SP (Revised 12/15/04) Page 6 of 22 that the Contractor furnish a maximum of two (2) personnel for thc purpose of licensed in thc state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall bc approved by thc City prior to any work. Any discrepancies shall bc noted by the Third Harty Curvcyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at peint of tangency /point of circumference Wastewater: + All intersecting lints in manholes; Water: • All top of valves box; • Valvcs vaults rim; • Casing cicvatien-s (tep of pIpe and f Stormwatcr: • All rim /invcrt elevations at manholes; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) The Contractor must furnish and install 1 rrojeet signs as indicated on the following drawings. (Attachment IV) The signs must be instal3cd before constr- et en begins and will be maintained throughout the Project period by the Contractor. The lo ation of thc signs will bc determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has Section A - SP (Revised 12/15/04) Page 7 of 22 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. (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 1,- 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 51.017 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. 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 °s 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 Section A - SP (Rev'i.&ed 12/15/04) Page B of 22 the joint venture. For example, a joint venture which is to perform 50.0°°% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the, joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 its 15 1 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to. the City Engineer. The Contractor is to indicate the percent .of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) required and to aoourc a final inspection after the building is completed and ready for occupancy. Contractor mu3t obtain the Certificate of Occupancy, when applicable. Section B C 2 of thc Ccncral Proviaiono in hereby amended in that thc Contractor must pay all fccs and chargco levied by thc City'3 Building Inspection Department, and all other City fcca, including water /waotcwatcr meter A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest Section A - SP (Revised 12/15/04) Page 9 of 22 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 (1011) 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 °s) 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 (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued:" A -25 Sales Tax Exemption (NOT USED) Chrioti do not qualify for cxemptiono of £alc3, Fxcioc, and U3c Taxco unlcoo the 1. Obtain the neceo ary oalco tax perznito from thc State Comptroller. Chargers" in the proposal form incorporated into thc Project. thc 3_ Provide resale ccrtificatco to supplicra. coot matcrialo phyoi ally If thc Contractor doco not elect to operate under a ocparatcd contract, he muot certificate to thc oubcontractor and thc oubcontractor, in turn, iaauco a rcoalc certificate to hio oupplic. Section A - SP (Revised 12/15/04) Page 10 of 22 A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of .cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor 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 13-6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) Paragraph (a) Ccncral Liability of Cccticn B G 11 of the Ccncral Provisions io amended to include: Contractor must provide Builder's. Rink or Installation Floater insurance covcragc for the term of thc Contract up to and including thc date tho City finally accepts the i'rojcct or work. Builder's Rink or Installation Floater covcragc must be an "All Risk" form. Contractor must pay all costa Section A - SP (Revised 12/15/04) Page, 11 of 22 coverage, including any deductible. The City mutt be named additional A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City_ Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City 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 Section A - SP (Revised 12/15/04) Page 12 of 22 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. 5. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision-A-35-K, if applicable. Section A - SP (Revised 12/15/04) Page 13 of 22 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 an Etra 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 "Scecution of Contract" Requ resents Under "General Provisions and Requirements for Municipal Construction Contracts" B -3. -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the .signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public. Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Vioitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, percon a valid card ecrtifying their prior attendance at a 3fiaitor /Contractor Safety Orientation Program conducted by the City Water Department Pcroonncl. A Viaitor/-Centraeeor Safety Orientation Section A - SP' (Revised 12/15/04) Page 14 of 22 perform any work within any City water facility. For addition information refer to Attachment 1. C. to City water facility at any time. All such itcma must be operatcd by an operator or ether authorized maintcnancc employee of thc City Watcr Department. • Proteetion of Water Quality Thc City muot deliver watcr of drinking quality to ito cuotomcr-e at all time°. The Contractor ❑hall protect thc quality of the water in thc job aitc and shall coordinatc its werk With the City Watcr D. Conformity with ANSI /NSF Standard 61 itcma, which could comc into cent-act—with potablc watcr, muot conform Foundation (ANCI /NSF) Spccificationa. Standard G1 as dsocribcd in thc Standard thread compounds, coatingo, or hydraulic equipment. Thcoc itcma must ouch itcmo are inapcctcd on the site by authorised City peroonncl immediately prior to uoc. The Contractor shall provide thc Engineer with copico of written p eef of ANSI /NSF Standard 61 approval for all material° -:;her could comc into contact with potable water. All trash.gcneratcd by the Contractor or hid employees, agcnto, or oubcontractoro, must bc contained at all timco at thc watcr facility aitc. Blowing traoh will not bc allowed. The Contractor shall kccp F. Contractor'o personnel taunt wear colored uniform overalls other than orange, blue, or white. Each employee uniform mutt provide company C. Contractor shall providc tclephonco for Contractor peroonncl. Plant- tcicphonco arc not available for Contractor uoe. H. Working hours will be 7:00 A.M. to 5:00 D.M., Monday thru Friday. I. Contractor must not uoc any City facility restrooms. Certactor must providc own sanitary facilitico. J. All Contractor vchicico muot be parked designated by City Water Department staff. at dca ratcd site, as All Contractor vchicico Section A - SP (Revised 12/15/04) Page 15 of 22. directed by City Water Dcpartment evacuation. per3onncl during emergency ACQUISITION) 3cicetian3, furnishing, installing, customizing, debugging, calibrating, or opcc i f i cat ions . connecting, programming, placing in operation all The Contractor or his subcontractor prepesing to perform thc SC21DA i- muni.cipal water and wastewater industry. Hc has performed work on 3y3tema of comparable size, typc, and prior prof cct3 . 3. Hc has been actively engaged in the type of work apecifred hcrcin for at lca.t 5 years.. 1. IIc employs a Rcgiatcrcd Profco3ie al Engineer, a Control Cyatcm3 Engnccr, or an Electrical Engineer to supervise or perform thc work rcquircd by this opecificationn. 5. IIc employs personnc1 on this Projcct who have successfully completed a manufacturer's training course in configuring and implementing thc specific computers, RTUS'a, and software proposed for thc Contract. 6. Hc maintain a permanent, fully staffed and equipped service facility within 400 miles of the Projcct site to maintain, -.air, alibratc, and program thc ays -tcma spccificd herein -: 7. IIc aha11 furnish cquipmcnt which •ia thc product of one manufacturer to the maximum practical extent. Where this is not practical, all cquipmcnt of a givcn typc will be —the product of one manufacturer. S. Prior performance at thc 0. N. Stcvcna Water Trcatmcnt Plant 9. programs thc ncti work for this Projcct. rcquircd to show thc programming as needed and required, to add thcac two systems to thc cxiating City SCAD71 system. Attached in an example of the required programming blocks. which the City requires to be filled in and givcn to the City Diccr with all changes made during thc programming phase. A -36 Other Submittals Section A - SP (Revised 12/15/04) Page 16 of 22 1. Shop Drawing .Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. b. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Re- submittals 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, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 1 Re- submittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j- Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and ' instruct subcontractors and suppliers to promptly report, thru'Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of .finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and - repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by.the City" 'NOT USED Section A - SP (Revised 12/15/04) Page 17 of 22 and Drought Contixgcney Plan ao amended (the "Plan "). Th'n includes implementing water conocrvation measures established for Changing Condition . The City Engineer will provide a copy of the Plan to Contractor at the prc conntruction meeting. The Contractor will keep a copy of the Plan on the Project cite A -38 Worker =s Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B" are incorporated by reference in this Special Provision. (NOT USED A -40 Amendment to Section 8- -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall . indemnify the City, its officials, employees, attorneys, and agents from any'and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Section A - SP (Revised 12/15/04) Page 18 of 22 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 Am Built Dimcnoioao and Drawing° (7/x/00) (NOT USED) vertical) of all facilitico. with one oct of direct print°, marked with red pencil, to Dhow an the final drawings shall include the following: (1) horizontal and vertical dimensions due to oubatitutiono /field cha (3) "Nameplate" data on all inotallcd equipment. (4) Deletions, additions, and changes to °cope of work. (5) Any othcr change° made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) ocnoitive aroa.o . 'T`hcoc are regulated by numerous agcncico ouch as TNItCC, EI'A, etc. It will bc thc Contractor's responsibility to comply with thc requirements of all regulatory agcncico in thc disposal of all water used in the project. The methods of disposal °hall bc submitted to the City for approval. Thee shhall be no separate pay for dispesa -1 of holy chlorinated water. Contractor shall not uoc thc C -ty'o sanitary ocwcr system for dioposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any construction whatever on thc project, Contractor °hall excavate and expose - -all existing pipelines of the project that croon within 20 feet of Section A - SP (Revised 12 /15/04) Page 19 of 22 O.C. of the top of cxisting pipelines. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims . or causes of action against the Contractor or any other individual or entity." A -50 Amended "Prosecution and Progress" Under "General Provisions and Requirement for Municipal Construction Contracts ", 3-7 Prosecution and P9999rogress, add the following: • "funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year.; the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the . contract. Section A - SP (Revised 12 /15/04) Page 20 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: Rolled Curb and Gutter Replacement FY 2011; PROJECT No. E10154 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Felix H. Ocanes Jr., P.E. Engineering & Construction Management Services ILI,C CONTRACTOR: Section A - sP (Revised 12/15/04) Page 21 of 22 Subm No. Submittal Item Submittal Date Actual Su bm Date Approval Date Revision No. 1 2 Special Prov. A -28, 29, & 30 Bid Date plus 5days Revision Approval Date Bonds & Insurance 5 days after Award Notice 3 4 Project Schedule Construction Invoices with Certified Payrolls & Progress Prior to PRECON Monthly 5 Concrete Design Mix Prior to PRECON Limestone Source & Certifications Prior to PRECON Backfill Material Prior to PRECON 8 HMAC Design Mix Prior to PRECON 9 Delivery Order Proposals As- Required 10 Project Closeout Documentation Prior to Project Acceptance, Section A T SP (Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of APRIL, 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 Ti -Zack Concrete, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $347,700.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT NO. E10154 (TOTAL BASE BID: $347,700.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi 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 365 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 City Secretary Asst. City Attorney fin*te .fo tin a .zo P res t, cOOtr o- a horizat on CITY OF C PUS CHRIS By: . ./t(V2— Juan Perales, r.,P.E. Assistant Cit Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Ti -Zack Concrete, Inc. By: v Title: PleC5 i f--- 39352 221st AVE. (Address) LECENTER, LAIN 56057 (City) '(State)(ZIP) 507/357 -6463 * 866/601 -8335 (Phone) (Fax) AUTH0RUED 4, COUNCIL f 2iLL SECRETARY pp. Page 3 of 3 Rev. Jun -2010 P R O P O S A L F O R M F O R ROLLED CURB AND GUTTER REPLACEMENT . FY 2011 PROJECT'# E10154 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 6 P R O P O S A L Place: C O F. N S C1 ST -r)( Date: Va61 1 Proposal of T 4 Gk &' 7TE/ tee-- a Corporation organized and existing under the laws of State of M hoJ1~5ai OR a Partnership or Individual doing business as the TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ROLLED CURB AND GUTTER REPLACEMENT- FY 2011 PROJECT # E10154 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 6 ESTIMATED BID SCHEDULE - PROJECT No. E10154 Rolled Curb and Gutter Replacement I II III IV v ITEM QTY Description Unit Price Total A-1 7,000 L.F. Removal and Replacement of Curb & Gutter, complete and in place per linear foot Va $ ` ° *�f T0 $ )g JL3 . + A -2 6,200 S F Removal and Replacement of driveway approaches, complete and in place per square foot $.-],O6 $'4 L -1043e ar A -3 2 200 S F Removal and Replacement of sidewalks, complete and in place per square foot $S, DO $ 111r�o�a.0[� A-4 3,400 S.Y. Removal and Replacement of pavement /pavement repairs, complete and in place per square yard $ 22,(gyp _ s-71-1 i go on . A -5 400 S.F. Concrete Curb Ramps, meeting ADA requirements, complete and $ IS. DO $ CSC. in place per square foot A -6 1 Lump Sum Miscellaneous Street &.Sidewalk Repair Allowance, complete in place per LS $20,000 $_20,000.0 0 TOTAL BASE BID (Bid Items Al -A6): $ ! O The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Proposal Form Page 3 of 6 Please note: Bid quantities are for bidding purposes only. Actual quantities may vary and will be determined by actual field conditions encountered during construction. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 365 calendar days from the date designated by a Work Order. In addition the working time for completion will be stated in each individual Delivery Order. The working time will be counted from' the time the Delivery Order is approved and issued. See Special Provision A -6 for other completion requirements. 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. number) : Receipt of the following addenda is acknowledged (addenda Respectfully submitted: Name: fir- - 2ACK CO- T By: (SEAL - IF BIDDER IS a Corporation) Address: (SIGNATURE) :3935a ,jai (P.O. Box) (Street) (Ci y) (State) (Zip) Telephone: (507 3.� 7 " Ye•, NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. r," Proposal Form Page 4 of 6 (Revised August 2000) P A Y M E N T B O N D STATE OF TEXAS § BOND NO. GRTX32616A KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Ti-Zack Concrete, Inc. of Le Sueur County, Minnesota, hereinafter called "Principal ", and Granite Re, Inc. a corporation organized under the laws of the State of Oklahoma 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 THREE HUNDRED FORTY -SEVEN THOUSAND, SEVEN HUNDRED AND NO/100 ($347,700.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT NO. E10154 (TOTAL BASE BID: $347,700.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3rd day of May , 2011 PRINCIPAL Ti -Zack Concrete, Inc. 39352 - 221st Ave, Le Center, MN 56057 SlrieVe Re-S) 0"SN'T (Print Name & Title) ATTEST !~_ sjA3o( P. E4&f , Sec.rz A, (Print Name & Title) SURETY Granite Re, Inc. 14001 Quailb +o Drive, Oklahoma City, OK = x:3,13.4 By= Attorney -in -fact Jonathan Pate (Print Name) The.. Resident Agent of the Surety six ,. Nueces ,; County. ;Tex s, for -,. ode ve r., of otice _ __4 s .and �ervxae` .a_fh�racess .xis* Agency: Contact Person: Kelly Koch Address: 1402 N. Chaparral Street Law Office of Kelly Koch, PC Phone Number: Corpus Christi, TX 78401 (361) 882 -8000 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of , in the year , before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) ) County of ) On this day of , in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public /�� ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of /1! f.,VA1 ,'0 - ) County of L.Si✓at } g ) On this 3 day of in the year ao r 1 , before me personally come(s) 57 V - ±2Adt7"r _, to me known, who, being duly sworn, deposes and says that he is the .e--`-.al De -r- of the ` a -;,7Ack. C0/0 C.P- re, .Dc-, the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. oaegge.uno...aaawalaaaa kt AMBER LARAE OVERN Notary Public— Minnesota My Comm. Expires Jan. 31 eaamae raftes®weree State of Minnesota ) County of Dakota ) No ary Public ✓ V NOWLEDGMENT OF SURETY On this 3rd day of May, in the year 2011, before me personally come(s) Jonathan Pate, Attorney(s) -in -Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s) -in -Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s) -in -Fact of the said company by like order. ANDREA M CONNOLLY DEES NOTARY PUBLIC MINNESOTA _"'> My Commission Expires Jan. 31, 2015 • Notary Public GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney -in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. the signature of its President, this 215` day of April, 2011. STATE OF OKLAHOMA ) SS: COUNTY OF OKLAHOMA ) has caused this instrument to be sealed with its corporate seal, duly attested by Kenneth D. Whittington, President On this 21' day of April, 2011, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. , with whom I am personally acquainted, who being by me sever:ally duly sworn, said, that he, the said Kenneth D. Whittington is the President of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that he knew the seal of said corporation; that the seal affixed to said Power of attorne' was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order as President of the Company. 1 Lnny Commission Expires May 20, 2013j BETHANY HOWELL 1 Notary Public in and for 1 Striate of Oklahoma 1 0B004338 GRANITE RE, INC. Certificate Notary Public THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WI]3NESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corpora to se • I of the Corporation this 31(C day of [( . Assistant Secretary P E R F O R M A N C E B O N D BOND NO. GRTX32616A STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Ti -Zack Concrete, Inc. of Le Sueur County, Minnesota, hereinafter called "Principal ", and Granite Re, Inc. , a corporation organized under the laws of the State of Oklahoma 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 THREE HUNDRED FORTY -SEVEN THOUSAND, SEVEN HUNDRED AND NO /100 ($347,700.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT NO. E10154 (TOTAL BASE BID: $347,700.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder_ Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3rd day of May , 2011 . PRINCIPAL Ti -Zack Concrete, Inc. 39352 - 221st Ave, Le Center, MN 56057 By: (Print Name & Title) ATTEST U f1-sor R, EAGe SE -Csgl (Print Name & Title) SURETY Granite Re, 14001 Quai By: Inc. Drive, Oklahoma City, OK 73134 Attorney -in -fact Jonathan Pate (Print Name) The , Resident Agent. .of the, . Surety , :.in ; Nueces; C,gunty, Texa s, =for deZzve y of;not ce aad sere a of process :s Agency: Contact Person: Address: Phone Number: (NOTE: Date Law Office of Kelly Koch, PC Kelly Koch 1402 N. Chaparral Street Corpus Christi, TX 78401 (361) 882 -8000 of Performance Bond must not be prior to date of Performance Bond Page 2 of 2 contract) (Revised 3/08) ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of , in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of /rI4I NNC County of Le. SKELi ) On this J =` day of l YRr in the year <O i , before me personally come(s) STEVE . Pay- -' , to me known, who, being duly sworn, deposes and says that he is the PFE$1' 7 of the 2 .c k CoNa2e7 , .Z?V C. the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. kii/0/4 ado Notary Public AMBER LARAE OVERN Notary Public— Minnesota My Comm. Expires Jan. 31, 201 8.;;;;Dftwomaftsameaeatramaaumeat.seaftes State of Minnesota ) County of Dakota ) CKNOWLEDGMENT OF SURETY On this 3rd day of May, in the year 2011, before me personally come(s) Jonathan Pate, Attorney(s) -in -Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s) -in -Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s) -in -Fact of the said corn., ■., �.= ANDREA M CONNOLLY DEES NOTARY PUBLIC MINNESOTA My Commission Expires Jan. :31, 2015 s. Notary Public GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney -in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA FRANZ, TOM LAHL, USA M. FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signature of its President, this 21' day of April, 2011. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) nneth D. Whittington, ident On this 21' day of April, 2011, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. , with whom I am personally acquainted, who being by me severally duly sworn, said, that he, the said Kenneth D. Whittington is the President of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that he knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order as President of the Company. 7A WY HOWELL 1 Not-Ficv Puhiic in and for 1 Oklahoma si. ": 4338 1 ay 20, 2013) LMY Commi •. ;. GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." V ,y TNESS EREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this vv(A day of , aol l • ay, Assistant Secretary P E R F O R M A N C E B O N D STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT of County, Texas, hereinafter called "Principal ", and. a corporation organized under .the laws of the State of 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 ( ) 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 of ,20 11 , a copy of which is hereto attached and made a part hereof, for the construction of ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT . #E10154 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 there under, 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 there under. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices . may be delivered and on whom service of process may be had in matters arising out of such surety ship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 2011 . PRINCIPAL By: ATTEST Secretary SURETY By: Attorney -in --fact The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract.) (Revised 9/02) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT of County, Texas, hereinafter called "Principal" and , a corporation organized under the laws of the state of 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 ($ ) 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 day of 2011, a copy of which is hereto attached and made a part hereof, for the construction of ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT #E10154 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 there under, 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 there under. 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 maybe had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, This instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 2011. PRINCIPAL By: ATTEST Secretary SURETY By: Attorney -in -fact The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: NAME: ADDRESS: (P. 0. Box) (Street Address) (City) (State) (Zip) (Note: Date of Payment Bond must not be prior to date of contract) (Revised August 2000) Payment Bond Page 2 of 2 City of s Christi SUPPLIER NUMBER TO BE ASSIGNED. BY CITY PURCHASING DIV CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: _ 2,7 4, CK Ceou-- P. O. BOX: STREET ADDRESS: 3 7353, ; 5 7- vw CITY: Le C.& f7 - ' ZIP: 5‘-a..57 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 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 interest" constituting. 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name. Title pi 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 Board, Commission or Committee IAA 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 NP Proposal Form Page 5 of 6 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: r lf�_ Yr— ��. � �. ��� Title: [ �I, � (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 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." "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. g. A CERTIFICATE OF LIABILITY INSURANCE I DATEIMNIDDmrTY) 05/05/2011 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) mustbe 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). PRODUCER House of Insurance Agency, Inc. PO Box 205 LeCenter, MN 56057 CONTACT NAME: PHONE WC. N. Ext)• E-MAIL ADDRESS: DARIAN T. HUNT 507 -357 -2221 _IAICC,Nap 507 -357 -4940 dhuntl@frontiernet.net INSURERS) AFFORDING COVERAGE INSURERA : NAIC # INSURED 507 -357 -6463 Ti -Zack Concrete Inc. 39352 221st Ave LeCenter, MN 56057 507 -357 -6463 INSURER B : INSURERC: Travelers INSURER D : INSURERS: COVERAGES CERTIFICATE NUMBER: INSURER F: Is,rv1Vu' n. IvVIIIOGR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OFINSURAN E INSB_WVD POLICY NUMBER (MMIDDIYYYY) 1MMIODiIYYYY) LIMITS C GENERAL X LIABILITY COMMERCIAL GENERALLIABILnY 4fi CO 91128714 -T1L 10 BA- 91128714- 10 -CNS 09/21/2010 09/21/2010 09/21/241] / 09/21/2011 7 1� EACH OCCURRENCE $ 1,000, 000 DAMAGE loRE�VItU PREMESES ma occurremit $ 3 00 CLAIMS-MADE 1 X OCCUR MED EXP (Any one person) $ 5, 000 PERSONAL & AOV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 1,000,000 $ 2, 0 00 , 000 $ 2,000,000 $ 1,000,000 GEM. AGGREGATE POLICY ° LIMIT APPLIES PER: lief T LOC ?atom?: INGLELMMIjT' —`E C AUTOMOBILELIABIUTY X X �( tl ANY AUTO ALL OWNED AUTOS HIRED AUTOS n...e rein• . e.... X SCHEDULED AUTOS NON -OWNED AUTOS awed lue.. are V BODILY INJURY(Perperson) $ BODILY INJURY (Per ac4dent) $ PROPERTY DAMAGE (Peracadenl) $ 3 [+ X UMBRELLALIAB EXCESSLIAB X OCCUR CLAIMS -MADE 4TSM- CUP - 91 12 8714- IND -10 09/21/2010 09/21/2p11 ✓/ EACH OCCURRENCE $ 5,000, 000 AGGREGATE $ 5,000,000 $ DED L I RETENTION $ / C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N 4TC- LIB- 9112R714 -10 09/21/2010 09/21/11 X rr WC STATU- 0TH - i TORY LIMrTS_ ER ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMEER EXCLUDED? N NIA E.[ EACH ACCIDENT $ 500, 000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS before E.L. DISEASE - EA EMPLOYEE $ 500, 0 0 0 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) The City of Corpus Christi is named as additional insured on all general liability (GL) and all automobile liability (AL) policies. Project Name: Roiled Curb and Gutter Replacement FY2011 4/ Project Number; E1015 4i CANCELLATION City of Corpus Christi Department of Engineering Sery Attn Contract AdminP0 Box 9277 Corpus Christi, TX 78469 -9277 j 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 �Jcvtt4�r -. �7taa� ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved, The ACORD name and logo are reglstered marks of ACORD COMMERCIAL GENERAL LIABILITY 4T— CO- 9112R714- 1PIL -10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 'BLANKET ADDITIONAL (CONTRACTORS) Thiiis endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section ll) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract • requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) in the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 111— Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury ", "prop- erty damage" or "personal injury" arising out . of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare pr approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and 11. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by-this-endorsement-is—excess over at iy valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the 'Written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 4T— C0- 911287 14— TIL -10 i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Hi. The nature and location of any injury or . damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and it. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all Legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Countersigned By: Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a toss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc.. curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2005 The St. Paul Travelers Companies, inc. CG D2 46 08 05 COMMERCIAL AUTO BA-9 1 .12R71 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 4 -1 O —CNS \/AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage 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 - 9 -. 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; (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 ID — 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, uipment isrmanently_.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- BB II'S I -II AGE SECTION Ill — 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 CA T4 20 07 06 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. COMMERCIAL AUTO DA -9112R 714- 10 —CNS 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 darn- 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- Countersigned By: 53-014/; Page 2 of 2 t 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 iI - 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 II - 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 Toad capacity of 3,000 pounds or less designed primarily for travel on public roads. Includes the copyrighted material of insurance Services office, Inc. with its permission. CA T4 20 07 06 Includes the copyrighted material of The St. Paul Travelers Cornpanies, Inc. POLICY NUMBER: 4T -00 -91128 714 -TIL -1 Q / ISSUE DATE: 01 -1 . 201 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION /NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following; ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: 30 J WHEN WE DO NOT RENEW (Nonrenewal): SCHEDULE Number of Days Notice: 30 Number of Days Notice: NAME: City of Corpus Christi Dept of Engineering Services :c:,Attn Contract Admin ADDRESS: p0 Box 9277 Corpus Christi, TX 78469 -9277 A. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is in- creased to the number of days shown in the SCHEDULE above. B. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any Countersigned By: —96AA1 ILT3540398 1 30 !/ applicable state When We Do Not Renew (Nonrenewal) endorsement applicable to this in- surance, is increased to the number of days shown in the SCHEDULE above. C. We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice at least the Num- ber of Days indicated above before the effective date to our action. Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 POLICY NUMBER: BA- 9112R714- 10 —CNS b ISSUE DATE :01 - 17 2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -- EARLIER NOTICE OF CANCELLATION /NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: 30 v WHEN WE DO NOT RENEW ( Nonrenewal): SCHEDULE Number of Days Notice: 30 Number of Days Notice: 30 NAME: City of Corpus Christi Dept of Engineering Services ±sAttn Contract Admin l ADDRESS: PO Box 9277 y Corpus Christi, TX 78469 --9277 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this in- quired for notice of cancellation, as provided in surance, is increased to the number of days the -C—eND T1eNS section- oFthis- insaraiji.e, urns— trowrrin-it to -BeHEDUL -E aboire. amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, is in- creased to the number of days shown in the SCHEDULE above. B. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew ( Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any Counter.igne By: L T3 54 03 98 J or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice at least the Num- ber of Days indicated above before the effective date to our action. Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 11 ( A) POLICY NUMBER: 9TC- U13 -91 12R714— 10 NOTICE OF CANCELLATION Except for non - payment of premium by you, we agree that no cancellation or limitation of this policy shalt become effective until the number of days written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated. SCHEDULE 1. Name: City of Corpus Christi Dept of Engineering Services gttn Contract Admin Address: PO Box 9277 Corpus Christi, TX 78969 -9277 2. Number of.Days Written Notice: 30 Additional Days This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1 -17 -201 1 Policy No. 4TC -UB -91 1 2R 7 14Endorsement No. / Insured Ti -Zack Concrete Inc Premium$ Insurance Company Countersigned by DATE OF ISSUE: ASSIGN: Paget of 1