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HomeMy WebLinkAboutC2013-022 - 1/22/2013 - Approved'I i I i :Ti -Zack Concrete Inc. S P E C I A L PROM S 1 0_1rTS -— S P 2 C I F I C A T 1 O 111' S ADA Improvements Group 3, Bond issue 2008, AND Accessible Routes in CDBG Residential Areas Phase 1 & Phase 2 FOR DE13ARTMBNT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 --3500 Fax: 361%826 -3501 City of Cgrpus Christi Prepared by: CH2M HILL TAPE Vim K0. P-2297 55.6 N_ Carancahua Tower TT, Suite 310 Corpus Christi, TX 7840: Phone (361) 888 -8100 Pax (361) $88 -8600 CH2M HILT, Proj . No. 399615 PROJECT NOs: B11014 (ADA GROUP 3 ) E10066 (CDBG PHASES 1 & 2) I OF ................... 108811 108811 1I �Fi THIS PR03ECT IS FUNDED IN PART THROUGH THE COMMUNITY DEVELOPMENT ACT OF 1974, BY FUNDS APPROVED IN FY 2010 (HUD ID7S# 7186) AND FY 2011 (HUD IRIS# 7343), APPROXIMATELY 1196 OF THE TOTAL ESTIMATED PROJECT COST WILL BE FUNDED { THROUGH THIS SOURCE. 2013 -02' 1122113 M2013 -008 ,A.ND F O R M S O F C O N T R A C T S F O R ADA Improvements Group 3, Bond issue 2008, AND Accessible Routes in CDBG Residential Areas Phase 1 & Phase 2 FOR DE13ARTMBNT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 --3500 Fax: 361%826 -3501 City of Cgrpus Christi Prepared by: CH2M HILL TAPE Vim K0. P-2297 55.6 N_ Carancahua Tower TT, Suite 310 Corpus Christi, TX 7840: Phone (361) 888 -8100 Pax (361) $88 -8600 CH2M HILT, Proj . No. 399615 PROJECT NOs: B11014 (ADA GROUP 3 ) E10066 (CDBG PHASES 1 & 2) I OF ................... 108811 108811 1I �Fi THIS PR03ECT IS FUNDED IN PART THROUGH THE COMMUNITY DEVELOPMENT ACT OF 1974, BY FUNDS APPROVED IN FY 2010 (HUD ID7S# 7186) AND FY 2011 (HUD IRIS# 7343), APPROXIMATELY 1196 OF THE TOTAL ESTIMATED PROJECT COST WILL BE FUNDED { THROUGH THIS SOURCE. 2013 -02' 1122113 M2013 -008 ADA [WROVENWMS GROUP 3, BOND ISSUE 2008 (PROJECT NO.- E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PRASE 1 & PHASE 2 (PROJECT NCI; E10066) TABLE OF CONTENTS NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A Insurance Requirements NOTICE TO CONTRACTORS • B Worker's Compensation Coverage for wilding or Construction Projects for Government Entities SECTION 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 Famed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates A -1 l Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A-15 Excavation. and Removals A -16 Disposal/Salvage of Materials A -17 old -Oee (NOT USED) A-18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control 0-20 Testing and Certification A-21 Pfejeetgi (NOT USED) A-22 Minority/Minority Business Enterprise Participation. Policy .A-23 Itispesti on R-eqt& (NOT USED) A -24 Snrety Bonds A -25 (NOT USED) A -26 Supplemental Insurance Requirements A -27 (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended. "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 City Water FaMifies. Speeial ReqWwm (NOT USED) TOC rage I of4 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) TABLE OF CONTENTS (continued} A -36 Other Submittals A-�37 Amended 'Arrangement and Charge for Water Furnished by the City- A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 GerfifieaW ef Oeeapanwy and RiEW Aeeeptmee (NOT USED) A-4-0 Amendment to Section B -8 -6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless A-44 Change Orders A-45 As -Built Dimensions and Drawings (715/00) A-46 (NOT USED) A-47 (NOT USED) A -48 Overhead Electrical Wigs (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A. -50 Plan Sheets A -51 Errors and Omissions A -52 Lack of Information A -53 Storm Water Pollution Prevention A -54 Dust Control A -55 Noise Control and Working Hour Restrictions A-56 Amended Prosecution and Progress A-57 Suzrmaary of Submittals A -58 Amended °`Withhotding Paymonf' (9/18/12) SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATES AND REQUIREMENTS SECTION D - FEDERAL REQUIREMENTS SECTION (CDBG) SECTIONS - STANDARD SPECIFICATIONS 025 ROADWAY 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 050 METALS 055420 Frames, Grates, Rings, & Covers SECTION T TECHNICAL SPECIFICATIONS T -021 SITE PREPARATION T- 021090 Removing Old Structures TOC Page 2 of 4 ADA 1WROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: El 1014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PEE I & PHASE 2 (PROJECT NO: E10066) TABLE OF CONTENTS [Cara #in�edl T-022 EARTHWORK T- 022020 Excavation & Backfll for Utilities, Culverts & Sewers T- 022150 Cement Stabilized Sand T- 022420 Silt Fence T -023 FOUNDATIONS, BORINGS, PILINGS & CAISSONS T- 023020 Jacking, Boring or Tunneling T -025 ROADWAY 0252 SUBGRADES & BASES T -025205 Removing and Replacing Pavements T- 425224 Flexible Base 0254 ASPHALTS & SURFACES T- 025404 Asphalts, Oils and Emulsions T- 025412 Prime Coat T- 025424 Hot Mix Asphaltic Concrete Pavement 0256 CONCRETE WORK T- 425610 Concrete Curb and Gutter T- 025612 Concrete Sidewalks and Driveways T- 425614 Concrete Curb Ramps 0258 TRAFFIC CONTROLS & DEVICES T-025813 Preformed Thermoplastic Pavement Markings T- 025830 Aluminum Signs 7-028 SITE IMPROVEMENTS & LANDSCAPING T- 028040 Erosion Cowl by Sodding T- 028300 Relocation of Fences T- 028500 Curb Inlet Silt Fence T -029 EN'VIRON'MENTAL T- 029000 S€onn Water Pollution Prevention Plan T -030 CONCRETE & GROUT T-030020 Portland Cement Concrete T- 032020 Reinforcing Steel T-037040 Epoxy Compounds T- 038000 Concrete Structures T -090 FINISHES T- 093100 Composite Shell Cast in Place Tactile Warning Surface Unit TOC PagO cr4 ADA IWROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: El 1014)6 AND ACCESSIBLE ROUTES IN CDEBG RESIDENTIAL. AREAS PHASE 1 & PRASE 2 (PROJECT NO: E10{} TABLE OF CONTENTS (continued) SECTION TX -- TXDOT TECHNICAL. SPECIFICATIONS TX -475 Drilled Shaft Foundations TX -427 Surface Finishes for Concrete X-618 Conduit TX-624 Ground Boxes TX -682 Vehicle and Pedestrian Signal Heads TX -684 Traffic Signal. Cables TX -688 Pedestrian Detectors and Vehicle Loop Detectors LIST OF DRAWINGS NOTICE AGREEMENT. PROPOSAL FORM/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC Page 4 of 4 NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: ADA. IMPROVENENTS GROUP 3, BOND ISSUE 2008 (PROJFCT NO.- E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PEASE 2 (PR©dECT Noe E10066), consists of Americans with Disabilities Act (ADA) Improvements to selected City street intersections within the ADA Group 3 Project and Community Development Block Grant (CDBG) Phases 1 & 2 limits, and four (4) to five (5) foot wide sidewalks along selected CDSG areas_ The intent is to provide for the construction of ADA compliant curb ramps and .attached sidewalk facilities at intersections where street construction projects are not currently planned. Except for the outlined CDBG areas that will receive four (4) to five (5) foot wide sidewalk improvements, the attached sidewalk facilities will be improved only as needed to achieve ADA, compliant transition from new ramp construction, to existing sidewalk conditions and will be determined on an individual ramp location basis. ADA Group 3, Bond issue 2008, and Accessible Routes in CDBG Residential Areas Phases 1 & 2 Project streets, boundaries, and estimated base bid items are described as follows: The ABA Improvements Group 3, Bond Issue 2008 (City PH, 311014) project addresses approximately 250 curb ramps which include portions of five (5) city streets consisting of: staples Street (Louisiana Parkway to Brawner Parkway), Ayers Street (Six. Points to Horne Road), Carroll Lane (Staples Street to Tiger Larne), Gollihar Road (Kostoryz Road to Weber Road), and Tiger Larne (Carroll. Larne to Everhart Road) . The project base bid wi.l.l, include retrofit construction of new ADA curb ramps and landing areas, new concrete sidewalk, concrete removal, removal and replacement of concrete curb & gutter, asphalt pavement repair, replacement of concrete median island, removal and relocation of traffic signs, manhole adjustments, water/gas valve adjustments, electrical junction box adjustments, 121 and 24a white crosswalk striping, and all associated traffic control measures; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. The Accessible Routes In CDBG Residential Areas Phase 1 & Phase 2 (City PN: E10066) project addresses approximately 26 curb ramp improvements with approximately 5,320 linear feet of four (4) and five (5) foot wide sidewalk improvements which include portions of nine (9) City streets consisting of: Villa Drive (Leopard Street to Up River Road), Leopard Street (Lancaster Drive to Mueller street), Graham Road (Waldron Road to Wraznosky Park), Live Oak (Cenizo Avenue to Retama Avenue), Saxet Heights No_ 2, Block 4 (a loop formed by Elmore, Brooks, Wilson, and Macleod Drives) , and Floor Bluff Drive (SPID to Sunbird Street). The projects base bid will retrofit reconstruction of new ADA curb ramps and landing areas, new concrete sidewalk, concrete removal, removal and replacement of concrete curb & gutter, asphalt pavement repair, and all associated traffic control measures; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. Proposals will be received at the office of the City Secretary until October 17, 2012 @ 200 va and then publicly opened and read. Any bid received after closing time will be returned unopened. NTB Page 1 of 2 A pre -bid meeting will be scheduled for October . .10,:2012 beginning at 10:00 am. The meeting will convene at the Engineering Services Main Conference Room, Third. Moor, City Nall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will fallow. This project is funded in part through the Community Development -Act of 1974, by funds approved in FY 2010 and FY 2011. Approximately 11% of the total estimated project cost will be funded through this source and all Federal Requirements will apply. .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 creeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty .._.and.po /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 010.00) which is a non - refundable postage /handling charge. The Bidder is hereby notified that the City 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 fray 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/ Daniel Riles, P.E. Director of Engr. Services /s/ Armando Chap& City Secretary NTR Page 2 of 2 NOTICE TO BIDDERS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised Marc., 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: %TPZ of INSURANCE MIN339M INSUPJMC H COVER-WE 30 -Day klotice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGRUMTE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - operations 3. Explosion and Collapse hazard 4. Underground Hazard S. Products/ Completed Operations Hazard. 6. Contractual Liability 7. Broad Form Property Damage B. independent Contractors 9. Personal injury AUTOMOBILE LIABILITY- -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPLMSAT ION ACT AND PARAGRAPH II OF THIS EXHISIT EMPLOYERS' LIABILITY. $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental 0 REQUIRED discharge; to include bong -term ® NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section H -6 -11 and supplemental Insurance Requirements ❑ REQUIRED? E9 NOT REQUIRED INSTALLATION FLOATER See Section 2 -6 -11 and 9upplemental Insurance Fequireuents EJ REQUIRED l NOT REQUIRED ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2009 Notice to Conbmdors - A (PROJECT NO: El 1014), AND ACCESSIBLE ROUTES IN Page l of 2 CDBG RESIDENTIAL AREAS PHASE l & PHASE 2 (PROJECT NO; B10066) The City of corpus Christi must he named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be.listed under "description of operations" on each certificate of insurance. For each insurance coverage. the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer" providing the City with thirty (30) days prior written notice of cancellation of or material mange 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 9biscloaure of 13%terest" must be submitted with your proposal. Sbould you have any questions regarding insurance requirements, please cons -act tlhe Contract AdmL=Lstrator at 880 -3500. ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 Notice to Contractors —A (PROJECT NO: El 1014), AND ACCESSIBLE ROUFES IN Page 2 of 2 CDBfr RESIDENTIAL AREAS PRASE 1 & PHASE 2 (PROJECT NO: El D066) NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNM T ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self - insurance, or an approved worker's compensation coverage, agreement. Even if Texas law dares not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. motor carriers which are required to register with the Texas Department of Transportation under Texas Cavil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide I of the 3 forma of worker's compensation Coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Cade Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: 1. certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B° requirements. NUrICH TO CC T RAC TORS - B (Revised 8/11/08) page I of 11 8/7/98 NTC -B Page I of 11 Texas Administrative Code Tale 28 INSURANCE Part 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORK.ERS' COWENSA.TION Chapter 114 REQUIRED NOTICES OF COVERAGE Subehapter B EWLOYER NOTICES RULE § 110.110 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' compe nsation 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 Worked Compensation Commission on which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Cade, 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 Nrrc -a Page 2 of 11 furnishing persons to perform services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a govemmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall. (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph. (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; . (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a now certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the protect; (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 (d) A contractor shall: rC -n Page 3 of 11 (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail: or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bald 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 Cxraphic (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 servims on the project the language in subsection (e)(3) of this section; (1]) 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; Nrc-n Page 4 of 11 (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 Find 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 (M 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 Us contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers° compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission`s Division of Self-Insurance Regulation. Providing false or i nisleading 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 (l3) 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; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; NTc_n Page 5 of 11 (7) notify the governmental entity in Ming by certified mail or personal delivery, of any change that materially affects the provision of coverage of any persona providing services on the project and send the notice within .tern 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 mounts 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 prof ect; (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; (B) 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 (R) 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 sari be givers effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant (o 'Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 40). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded from coverage in accordance with the Act, § 406.097(a) (as added by House Bill 1089, NTC -a Page 6 of 11 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insiumce policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source: T'h'e provisions of tins § 110.110 adopted to effective septertilier z; 1994, 19 'TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. xTc -s Page 7 of 11 TM 110.110(d)( ) "REQUIRED woRKERS' CC)WENSATION C€3YERAGE" "Me 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 512-440-3 789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage_ " me -B page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate ") - A copy of a certfcate of insurance, a certificate of authority to se 'insure issued by the commission, or a coverage agreement ( YCC -81, TWCC- 82, CC 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 o, f'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" includes, without limitation providing, hauling; or delivering equipment of materials, or providing labor, transportation, or other service related to a project "Services" sloes not include activities unrelated to the project, such as food1beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contr'actor shall provide coverage, based on proper reporting of class ftcation codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.611(44) for all employees of the contractor providing services on the project, for the duration of the project C: The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate o, f " 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 NTT -B Page 9 of 11 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period show on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. 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 aray change that materially affects the provision of coverage of any person providing services on the project. I: Ae 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 whore it contracts to provide services on a project; to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services an the project, for the duration of'the project, (3) provide the contractor, prior to the end of the coverage periog 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, andprovide to the contractor: (a) a certificate of coverage, prior to the other persona 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 tine project, (5) retain all required certificates of coverage on file, or the duration of the project acrd for one year thereafter; (d) notify, the governmental entity in writing by certified maid or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage o, f any person providing services on the project, and .rrxc --s Page 10 of 11 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (I) -(7), with the certificates of coverage to be provided to the person for. whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classif cation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a set insured, with the commission's Division of self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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 with ten days after receipt Q, f notice o. f `breach from the governmental entity. arc -s Page 11 of 11 ADA 1XPROVEMMOTS GROUP 3, BOND ISSUE 2009 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES Iii CDBG RESIDE24TTIAL AREAS PHASE l & PHASE 2 (PROM' NO. 310066) 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 mall, 1201 Leopard Street, until 2:00 p.m. on Wednesday, October 17, 2012. Proposals mailed should be addressed in the following manner: City of Corpus Christi Secretary's Office City of Corpus Christi. 1201 Leopard Street Corpus Christi, Texas 78401 ATTX. SID PROPOSAL - ADA IMPROVENWTS GROUP 3, SAND ISSUE 2008 (PROJECT xO: 211014) , AND ACCESSIB= ROUTES iN CDSG RESIDENT AL Ate$ PHASE 1 a PHASE 2 (PROJECT NO: E10066) Any proposals not physically is possession of the City Secretary's Office at the time and data of bid op"ing will be deemed late and nonresponsive. Date proposals will be ,returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. delivery of any proposal, by the proposer, their agent /representative, U.S. mail, or other delivery service, to any City address or office other than the city Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednes4Wj October 10, 2012, beginning at --- - - - - -- - - - -- 1:0:00 a.m. The meeting will convene at the Engineering Services main Conference Room, Third Ploor, City Mall, 1201 Leopard Street, Corpus Christi, T$. and will include a discussion of the project elements. if requested, a Mite visit will follow. No additional or separate visitations will be conducted by the Cit A -2 Definitions and Abbreviations Sections 3 -1 of the General Provisions will govern. A -3 Description of Project AM IMPROVIDENTS GROUP 3, BOW ISSVE 2008 (PROJECT NO: Z11014), AND ACCESSIBLE RTES SN CDBG RESIDMMM ARX&S PHASE l a PHASE 2 (PROJECT NA; - 310066), consists of Americans with Disabilities Act (ABA) improvements to selected City street intersections within the ADA Group 3 Project and Community Development Block Grant (CDBG) Phases 1 & 2 limits, and four (4) to five (5) foot wide sidewalks along selected CDBG areas. The intent is to provide for the construction of ADD compliant curb ramps and attached sidewalk facilities at intersections where street construction projects are not currently planned. Except for the outlined CDEG areas that will receive four (4) to five (5) foot wide sidewalk improvements, the attached sidewalk facilities will be improved only as needed to achieve. ADA, compliant transitions from new ramp construction to existing sidewalk conditions and will be determined on an individual ramp location basis. ABA. Group 3, Bond issue 2008, and section A - SP (Revised 22/15/04) Page 1 of 25 Accessible Routes in CDEG residential Areas Phases 1 & 2 Project streets, boundaries, and estimated base bid items are described as follows: The ADD, Improvements Group 3, Hand issue 2008 (City PN.- 3311014) project addresses approximately 250 curb ramps which include portions of -five (5) city streets consisting of: Staples street (Louisiana Parkway to Brawner Parkway), Ayers Street (Six Points to Horse Road), Carroll. Lane (Staples Street to Tiger Dane), Gollihar Road (Kostorya Road to Weber Road), and Tiger Lane (Carroll Lane to Everhart Road) . The project base bid will include retrofit construction of new ADA curb ramps and landing areas, new concrete sidewalk, concrete removal, removal and replacement of concrete curb & gutter, asphalt pavement repair, replacement of concrete median island, remove and relocation of traffic signs, manhole adjustments, water /gas valve adjustments, electrical junction box adjustments, 120 and 24" white crosswalk striping, and all associated traffic control measures; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. The Accessible Routes In CDBG Residential Areas Phase 1 a Phase 2 (City PN: 310066) project addresses approximately 26 curb ramp improvements with approximately 5,320 linear feet of ,four (4) and five (5) foot wide sidewalk improvements which include portions of nine (9) City streets consisting of: villa Drive (Leopard street to Up River Road) Leopard Street (Lancaster Drive to Mueller Street), Graham Road (Waldron. Road to Wranosky Park), Live Oak (Ceniro Avenue to Retama Avenue), Saxet Heights No. 2, Block 4 (a loop formed by Elmore, Brooks, Wilson, and Macleod Drives), and Flour Bluff Drive (SPiD to Sunbird Street). The projects base bid will retrofit reconstruction of new ADA curb ramps and landing areas, new concrete sidewalk, concrete removal, removal and replacement of concrete curb & gutter, asphalt pavement repair, and all associated traffic control measures; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. A-4 Method of Award The Kids will be evaluated based on the fallowing, subject, to the availability of funding: 1. Total Base Sid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with PE920sal The following items are zequAre_d to be submitted with the proposal: 1. 5% Bid Bond (Wast reference ADA IMPROVE21ENTS GROUP 3, BOND ISSUE 2008 (PROM3M NO: E11014), AND ACCESSIBL39 ROUTES IN C DBG RESTDEDITIAL AREAS PHASE I a PEME 2 (PPOJECT NOt E10066), as identified its the proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) Seeticua A - SP (Revised 12%2,5/04) Page 2 of 25 2. Disclosure of Interests Statement 3. Statem nt of ()ualificatiOn and Contract InifOrsna.tion as ate red b X A- 28, A -29, A -30. A -6 Time of C l.etiou /Ls dated Damages The working time for completion of the Project will be 201 calendar days. The Contractor shall commence work within tern (lo) calendar days after receipt of written notice from the Director of Engineering Services or designee (nCity Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, 500 ex calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposers as a penalty but as an estivate of the damages that the City will .sustain from delay in completion of the work, which damages by their mature are not capable of precise proof. The•nirector of Engixneering Services (City Engineer} may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 workers Compensation Insurance Coverer e 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 coverages 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 -$ razed 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 Acknowl.edgm:ent 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 section A - SP (Revised 12/15104) Page 3 of 25 proposal, failure to acknowledge receipt, and a subseg2ent interpretation of non- receipt, could have an adverse effect~ when determining the lowest responsible bidder. A -14 Wage Rates (Revised 7/24/2009) Labor preference and wage rates for Heavy and Heavy Construction. Z eese —off eeFAIieb, rate. Miniammi pr ;llrt F�e3c _ leS The O=pus MZ -Lsti City Omacil has detendsied the general prevai.luq mini,mhn hn=ly wage rates for RMCes County, s as set art in Part C. nm (=:tractor and any sllb=Azactor . mast not pair less than the specified wRge rates to all 1W=ers, workmen, and mechanics employed, by file[ in the execution of the C =t act<. The 0=0_ � or sabomitractor shall forfeit sixty dollars ($60.©0) per calendar day, or porticn thereof, far each Lai crer, workm , or Manic mployed, if such pin is paid less than t2y-b specified rates for the classificatim of work performed- The Omkxactor and each must keep an mate rei=rd sbowaxq the names and classifications of all laborers, v=kmm, and MWIVOic s hayed by th m in axmec=m with the Project and shooing the actual, wages paid to each wlorknr. The Omtractor wii.'i make bl- 3sly cextifled payroll s€ahmi.ttals to the C..J7 Engineer. The 033tracter will also cbtaiu copies of such certified payrolls from all subcontractors and others working on the P=iect. 7hese docutents will also be ,sWm&tted to the City Engineer M-weekly. (See section for Pbx=ity/kb=2ty Business Enterprise Participation Policy for additional reVixwemts axwertung the proper form and ocrtent of the payroll suhnittais.) Cm and one -half (IW times the specified bourly vage must be paid fcr all hours wxarked. in excess of 40 hcR= in any one week and for all hours worked on Sundays or holidays. (see Sectica 8 -1 -1, Definition of 'Perms, and Section 8-7 -6, Naddmg Ha=.) A -11 with Public (Revised 7/5/00) The Oxitractor shall grate with all public and private agencies with facilities operating within the limits of the Project. T3e C =tract;or shall provide a forty - eight (48) hour =t ice to any applicable agency -vdm work is mi- icipated to proceed in the vicinity of aw facility by using the Dig Tess at 1.800- 344-8377, the. Ione Star Notification OmpaW at 1- 800 -659 -8344, and the Verizm Dig Alert at 1 -800- 483 -6279. Fb the factor's omwefti , the following tell numbers axe listed. City Engineer 826-3500 Project Engineer 792 -2016 (Phone) 888 -8600 (FaX) Imira Paul, P.R. C/o CMI Hail., 555 N. Suite 310 COIPLW diristi, ` Y. 78401 Traffic Engineering 826-3540 Police Dqmrtment 886 -2600 Water Dgaai isaent. 826 --1881 (826 -1888 afters' hers) Wastewater Dept 826 -1800 (826 -2818 after hours) Gas Departrient 885 -6900 (885 -6913 after hours) Storm Water Department 826 -1875 (826 -3144 after hours) Paxim & Recreaticn Departu m& 826 -3461 Streets & Solid waste Services 826 -1940 A E P 299 -4833 (1 -877- 373 -4858 after hours) A T & T 881 -2511 (1 -800- 824 -4424, after hard) Texas 83.1 (Utilities Locate) 811 City Sheet Div. for Traffic 826 -3589 Signal /Fiber Cptic Lccate 826 -3,946 826 -3547 section A - SP (itesVMd 12/15/04) rage 4 of 25 Cablevision ACS1 Mber Optic) 10C (Fiber Optic) axdceCom (Fiber Optic) CAPROCK (Fiber C�Pticl Brooks Fiber Optic (I) Regiaml TranSpartati= Authority (RM Corpus Christi ISD U.S. Postal Service TxDOT Area Office A -12 maintenance of Services 857 -5000 (857 -5060 after lours) 887 -9200 (Pager 800 - 724 -3624) 813 -1124 (Pager 888 -204 -1675) 881 -5767 (Pager 850- 2581) 512/935 -0958 (Missile) 972 - 753 -4355 289 -2712 886-9005 886 -2216 808 -2384 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 traps, 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 �leteness 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 omn expense. Tn 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 trust be maintained. Sewage or other liquid must be handled by the Contractor either by connection, into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flushed over the streets or ground surface and Contractor trust 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 Acceas and T=raffic 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 adjoining properties. This may include, but is not .limited to, Working driveways in half widths, construction of temporary ramps, etc. The Contractor small 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. section R - sP (Revised 12/15/04) Page 5 of 25 A -14 Construction ;_qMIFuent qRiIIM and Tracki The Contractor shall keep the adjoining streets free of .tracked and /or spilled materials going to or from the construction area. nand Labor and /or mechanical equipment most be used where necessary to keep these roadways clear of job- related 'materials. Such work mast 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 mashed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 R=avat i on and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with 'Tclean" dirt. "Clean" dirt is defined as flirt that is capable of providing a good growth of grass when applied with seed /sad 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. A -ZG . iliagoss l /3alva a of Materials Excess excavated material, broken asphalt, concrete, broken, culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) A -18 Schedule and Sequence of Conntructi= The Contractor shall submit to the City Engineer a work plan based only on Cowan days. This plan must "tail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: section A - sp (VAmiaed 12/15/04) Page 6 of 25 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction, by activity, identifying Mork of separate stages and other logically grouped activities. identify the first worts day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-- Submission; Revise and resubmit as required by the City Engineer. S. Pe*UxUe MontLIZ adate: Submit Updated Construction Progress schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this contract that the contractor will be allowed to execute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions. A. The schedule of construction shall be structured to meet all requirements of Section, A -6 '"Time of Completion /Liquidated Damages" and as noted above. B. The schedule of constructions shall not conflict with any provision of the Contract. Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flog of traffic. The contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. 13. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the contract. ,A -19 Construction Project Layout and Cositrol. The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. [Major controls will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control paint or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Vngineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expertise of the Contractor. if, fox whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work., the Contractor shall obtain approval of section A - SP (Revised 12/15/04) Page 7 of 25. the City or Consultant Project Engineer prior to deviation. if, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings. the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to reprise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. and -6 --.,Iia:aee with the Qeatraaet Dee4aeats, plans ;44493 All lines In +r Gasiag e1evvaticas (top eg pipe and flew lime) (TMQT am RR penrAt • Vim" ■ A -20 Teabiug 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 wave been takers, 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) section A - SLR (Revised 12/15/04) Page 8 of 25 the Gity-aAffiaoer- A -22 Kinorit K.norit Busisess Ent* rise Participation POUCY tRevioed 10/983 1. Poli 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 Eqixal Employment Opportunity goals and objectives of the Affirmative Action Policy statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein., both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing undue 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 owl, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: l . 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 51.0k of the assets or interest in the partnership property Est be owned by one or more minority person (s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or ` interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a, business enterprise rests with a minority Person(s)— section A - SP (Revived 12/15104) Page 9 of 25 ity 4 3. share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.00 or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joist venture which'is to perform 50.0k 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. Coals 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 % is % b. These goals are applicable to all the construction work (regardless of federal participation) perforated 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.. 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. sectl= % - sp (Revleed 12/15/04) Page 10 of 28 b. The Contractor shall snake 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 1a 1ecti*n Required (Revised 7/5/00) (NOT USED) QeeWaney, watea4wastewaterr meter- fees aiad tap gees as reepired by Gityx A-.24 gEEat ,X Bonds Paragraph two (2) of Section, B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds Must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent: (10 %) of the Surety Company's capital, and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %1 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 teas percent (I0 %) 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 mast be executed by the Contractor and the Surety_ Voxr contracts in excess of $100,000 they bond roust 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 lusted in the Federal Register as holding certificates of authority on the date the bond was issued. 4t A -25 Sales 'Tax ExeMt� ion (NOT USED) Section R - 61' (Roviseei 12/15!04) Page U of 25 Sales, s he shall; the State Gemptreiier. r . ether urges —in the preposal €arm the a....Y ..,r. a the a.r qr. 3,291 , Code, eest erE materials -� phy __all r r Obtain the tam fEem s he shall; the State Gemptreiier. nesessary sales epmite . ether urges —in the preposal €arm the a....Y ..,r. a the a.r qr. eest erE materials -� phy __all r r _eert f i be _ _,......p . e �.. 1��'ride- resale e es r wast pay fer &!I-Sales, Excise, IN A-26 Supplemental. Insurance Requiremeuts 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 certifioate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A - SP (Revised 12/1510$) Page 12 of 25 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on workev s Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section. a -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 thew 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 excerpt 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 nesponeibility for Dama ge C a3 ;� (NOT USED) A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide dccumentation 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 agairjBt 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. Section A - SP (Revised 12/15/04) Page 13 of 25 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 fibre (s) 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 shall be provided with the Proposal and will be reviewed by the City Engineer_ The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written, approval of field administration staff is a prerequisite to the City Engineerls, obligation to execute a contract for t%as Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. if the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section E -7 -13. A -30 Amended " Consideration of Contract" Requixemer►t under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3_1 Consideration of contract add the following tent: 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. S. The names and addresses of MIE 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 section A - Op (Revised 12/25/04) Page 14 of 25 by federal agencies or signed affidavits from the MBE firms, that such MBE farms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. if the responses do not clearly show that msg participations will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work_ The City Engineer retains the right to approve all subcontractors that will perforce 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, a. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Comiderations for Contract Award and Execution and the Contractor's Field Administration staff. 9. Documentation as required by ,Special Provision A -35 -K, if applicable. :Lo. Within five (5) clays following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and namely) and Title(s) of individual (s) authorized to execute contracts on behalf of said entity. ,A�31 wed Policy On E=ra Vkwkaud Under "General Provisions and Requirements for Mm=ipal Construction. CoxstraCts" B-8-5 Policy can Extra work and _orders the present text is deleted and replaced with the following: Contractor aclaloerledges that the City has no ably gation. to pay for any extra work for which a c1mrige order has not been signed by the Director of Engtr r-i ng Servj.ces or his designee. The Contractor also ackmwledges that the City Engineer may authorize change orders which do not exceed $50,000.00. The Contractor ackow3.edgea that any change orders = an mnm=t = excess of $50,000.00 must also be approved by the City C Cil. Section A - SP (Revised 12 /15/80 Page 15 of 25 A -32 Amended "Ebaboution of Ccntxwtm ts filer "General Provisions and Requirements for Nivasi..cipal 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 nears the signatures of the City Manager, city Secretary, and City Attorney, or their authorized designees. Contractor has no cause of act-um of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Cxitract, until the date the city Engineer delivers the signed c =tracts to the contractor. A-33 Ccnditi=m of Work Fads bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in 'al Provisions A -l.. 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 Cit 6Fater Facilities: ecial. Re irrements (NOT USEM) -A-11- aueh 4teffis must epevated by an eper mew . ether e� 2utlior�e� -fie - employee -..cif the rmity Water- Repartmeat. Sectioa A - 5p (ReV'ised 12/18/64) Page 16 of 25 All -ateaAals and equ4memt used i% the repair, weassembl�—, { l er any I standard Spesifiieatlems—. Section 2i - OP (Revised 12/IS/04) Page 17 of 25 -- - A -36 Other Submittals 1. Shop Drawing Submittal: The outlined below when processing Contractor shall follow the procedure Shop Drawing submittals- Section A - gP (Revised 12/15/043 Page U of 26 net 99 F ene manufaetur-r.r. J subeentr-aeter- pr -egra ei� %�e a i�s� - +•1�� e . asequired, SG. DA eystem. the pragvasmiag y7..�..,.-.,. J G[Yyy.. ,,yy _.__ �f `� J eS angeae'leE'ftions, ^^ F� F____. '� T.2 ,75iy'j J f f these spealfileabieas. -- - A -36 Other Submittals 1. Shop Drawing Submittal: The outlined below when processing Contractor shall follow the procedure Shop Drawing submittals- Section A - gP (Revised 12/15/043 Page U of 26 net 99 F ene manufaetur-r.r. subeentr-aeter- pr -egra ei� %�e a i�s� - +•1�� e . asequired, SG. DA eystem. the pragvasmiag Attaehed is the a...qu , as e3maple of ed is phase. The attaehed sheet an eaeample -- - A -36 Other Submittals 1. Shop Drawing Submittal: The outlined below when processing Contractor shall follow the procedure Shop Drawing submittals- Section A - gP (Revised 12/15/043 Page U of 26 a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: in addition to the required copies, the Contractor shall also submit one (l) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffice. 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. c. Variations: contractor trust 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 fortes. i,. Resubmittal"s: Contractor must revise and resubmit submittals as required. by City Engineer and clearly identify all changes trade 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 Re air Re art 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. lSectiou,A - SP (Rovised 12/15/04) Page 19 of 25 A. -37 Amended "Arms t and Charge for Water wit,-..; aged by the City"' 'finder E°Ceneral Provisions and Requirements for Municipal Construction Contracts ", H- 6-15 Arrangement and Charge for Water Furnished by the Cit , add the following: "Tine Contractor must comply with the City of Corpus Christils Water Cc ezvation and Drought Contingency Plan as amended (the uAlanit). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 W'orker' a Ccxn ensation Coveraae for Buildina or Construction Protects for Government Entities The requirements of "Notice to Contractors 4B," are incorporated by reference in this Special Provision. (NOT USED) 3— A -40 Amendment to section 8 -8-61 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 Mess 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. A -42 OSHA Rules & Regulations Tt 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 MademnificatIon & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" H -6 -21 Indemnification & Bold 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 agen.to from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. Section ii - SP (Reviaed 12/ZS/84) Page 26 of 25 The contractor shall hold the City, its officials, employees," attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, Or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Chance Orders Should a change order(s) he 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 Is costs and breakdowns, cast of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by Contractor as a basis for the price of the change order. A -45 As- tilt Dimensions and Drawl (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion Of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to shown as -built dimensions and locations of all work constructed. As a minimum, the fiscal drawings shall include the following- Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -4 ni cseal of HigAl Z Chlorinated water (7/5/00) (NOT USSD) A, -47 Pre -coma tructlan MMIoratory Excavations (7/5/04) (NOT USIM) Section A - SP (Devised 12/15/00 Page 21 of 25 11. W-1-501-1 Gentrzaeterr shala: then prep Lct and submit It to the C-ity for- apprpe_�Fa4: eleipatigno -o£ the tep-of existi$gVil elin A -48 Overhead .Electrical wires (7 /s /Qa) Contractor shall comply with all 0914A 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 clue diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP 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 playas or not. A -49. Amended "Maitttenauce Quazanty! (s /24 /oo) 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 Plan Sheests The drawings for the project are based On field investigations by the A /R, information in the form of record drawings supplied by the City, and other sources. sHCtion A - 8P. (Revised 12/15/04) Page 22 of 25 A -51 zrrors and omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such er'r'ors or omissions causes an increase in the Contractor's cast, the Contractor shall be compensated for such ,increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A -52 Lack of Information If the Bidder feels that there is insufficient information in order for him to prepare his bid and /or construct the work, he is required to make a written request for additional information. All costs associated with the pre -bid investigation shall the borne by the Bidder, with no compensation from the City. However, the Bidder shall not perform any investigation at the above project site unless a written request is submitted and approved. The Contractor shall not use the lack of information as a basis for requesting extra compensation. A -53 Storswater Pollution Prevention Due to the type and location of this project, stormwater pollution prevention (SWPP) is critical, and improper implementation can have a negative impact on the adjoining street and private property. Strict compliance to all SWPP items shown on the plans shall be enforced. in addition, if during. the course of the project other minor SWPP items are required to limit or control soil erosion or transport of soil, then the Contractor shall implement these measures. All materials and labor required to perform this work shall not be paid for directly, but shall be considered subsidiary to the various bid items. Contractor must complete a Notice of Intent (NOI) and a Notice of Termination (NOT), and submit each to the EPA, with a. copy to the Director of Engineering Services. A -54 Dust control The Contractor :shall take: reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with grater or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings shall be adequately protected from dust. Monthly payment will be withheld if this provision is not followed. A -55 Noise Control and Working Rorer Restri.ationa The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices, and operated in a manner to Section A - SP (Revised 12/15/04) Page 23 0E 25 cause the least amount of noise consistent with efficient performances of the Work. Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 a.m. or continue after 7.30 p.m. without prior approval from the Engineer. A-56 Amended Prosecution and Pro Eesa Order "General Provisions and Requirements for Municipal Construction Contractsff, B -7 Prosecution and Progress, add the following: -Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobil.ization costs. Such costs shall be addressed through a change order to the contract. A -57 teary of SUbnl.ttaLa a) To be submitted with Bid Proposal: 1) Items Outlined in Special Provision A. -5 Items tb be Submitted with Proposal. 2) Items Outlined in Special. Provision A -28 Consideration. for Contract Award and Execution 3) Items outlined in Special Provision A -29 Contractors Field Administration Staff 4) Items Outlined in Special Provisions A -30 Amended "Consideration of Contract° Requirements b) To be submitted prior to Pre - Construction Meeting 1) Items outlined in Special Provision A -18 schedule and Sequence of Construction 2) Work Plans. /schedule of 'fork 3) Traffic Control elan A -58 Ananded "WithtaoldIM EMM2nt" Under "General Provisions and Requirements for Municipal Construction Contracts" 8-8-7 Withhaldi Pa yment add the following: Payment of estimates may be withheld if temporary traffic control signs and barricades are not removed from sites where construction has previously been completed. Section A - SP (Revised 12/15/04) Page 24 of 25 SUBMITTAL TRANSXXTTAL iaYiRPa PROOZCT: AM IMPRO'tPEMSHTS GROUP 3, BOND ISSUE 2008 (PROJECT viii: X1103.4) , AM ACCESSIBLE ROUTES YN CDBO FtX9XD='TAL ARVAB PRASE I & PHASE 2 (PROJECT NOa 110066) OWNER,. CITY OF CORPM CHRISTI M9GXXHHR-. CH2M HILL CONTRACTOR: SUBMTTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBM TTAL T-0300 T- 0380110 Concrete Mix Uesi - - - -- T- 093100 Tactile Panel i1ftaing Stye T- 025424,11025404, Plan. Sheet 128 HMAC Td12S404, Flan Sheet 128......... _ Tack Coat T- 025412, Platt Street 128 Prime Coat 025802 Traffic Control T- 025830. . Alami ntm Reflectorizecl S' 055420 Manhole Elevation Adiust.. T- 025220 Flodble Base T- 022150 Cement Stabilizer) Saari 1- 025813 Pavement Striving TX-6M TX -682 Pedestrian Pole_aad Fish Buon TX-684 Traffic Signal Cable T.X -£427 Red Curb Paint TX-61$ T- 023020 "Traffic Signal Coudtit T- 032020 Reinforcin Steel T- 028040_.1 =029000 Soddin . T- 025610 T- 025612, T-034000 Exgamion 3yittt.Matertal sac€ti *4 A - sP (Revised 12115/01) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND - -day of JANUARY, - 2013. 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 $1,032,416.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 PROJECT NOS. E11014 AND E10066 (TOTAL BASE BID: $1,032,416.50) 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 -19 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 --911-GALENDAI -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 ATTEST: City Secretary APPROVED AS LEGAL FORM: By Asst. City Attorney ATTEST: (If Corporation) ---- &0"', g. (Seal Bel ) (Note: if Person signing for CITY OF CORPUS CHRISTI By: �� --42 .Voscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.F. Director of Engineering Services CONTRACTOR Ti-Zack Concrete, Inc. By: Title: t- corporation is not President, 39352 221 st Ave. attach copy of authorization (Address) to sign) LeCenter, _MN 5605_7_ (City) (State) (ZIP) 5071357 -6463 * 5071357 -6096 (Phone) (Fax) H17ffiZoZ T ' �. ' VT 9 Z ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO. E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form 1 of 18 P R O P O S A L F O R M/ D I S C L O S U R E S T A T E M E ITT T F O R ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO. E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form 1 of 18 Proposal of . C a Corporation the State of OR PROPOSAL k Place. Date : N . organized and existing under the laws of a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 • (PROJECT NO. E10066) 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 2of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) ADA IMPROVEMENTS GROUP.3 BOND ISSUE 200$ TROJECT NO. E11014 I II III v I BID I' F-M EXTENSION (QTY BID QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES ... -_ FIGURE ADA IMPROVEMENTS CONCRETE CURB RAMP AND A -1 17,655 SF LANDING, COMPLETE IN PLACE $ $ PER SQUARE FOOT. CONCRETE SIDEWALK, A -2 8,751 SF COMPLETE IN PLACE PER SQUARE FOOT. REMOVE EXISTING CONCRETE, A -3 25,324 SF COMPLETE IN PLACE PER SQUARE $ .` $ 5'1 FOOT. REMOVE AND REPLACE CURB A -4 3,784 LF AND GUTTER, COMPLETE IN $ �` . ` $ i 4l PLACE PER LINEAR FOOT. ASPHALT PAVEMENT REPAIR, A -5 11,330 SF COMPLETE IN PLACE PER S_ QUAKE $ FOOT. RELOCATE/REPLACE TRAFFIC A -6 26 EA SIGN, COMPLETE IN PLACE PER EACH. A -7 26 EA ADJUST VALVE OR CLEAN -OUT, COMPLETE IN PLACE PER EACH. ADJUST ELECTRICAL /SIGNAL A -8 11 EA ]UNCTION BOX, COMPLETE IN $ $ PLACE PER EACH. TACTILE PANEL WARNING A -9 4 EA SURFACE (STAND ALONE), $ a �. $ � COMPLETE IN PLACE PER EACH_ 4 TYPE "A" HEADER CURB (OUTSIDE A -10 152 LF OF CURB RAMP AND LANDING), F `r S ail 'p, COMPLETE IN PLACE PER LINEAR FOOT. CONCRETE ) A -11 63 SF DRIVEWAY /CONCRETE PARKING - $rse LOT REPAIR, COMPLETE IN PLACE d PER SQUARE FOOT. Proposal Form 3 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSIIE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE I & PHASE 2 (PROJECT NO: F7 nnF4] AIDA IMPROVEMENTS GROUP 3 BOND ISSUE 200 RO3ECT NO. E11014 I II III IV V RI) ITEM EXTENSION (QTY BED QTY & UNIT PRICE X UNIT PRICE IN ITEM.. .... UNIT- . - - - ... ._. DESCRIPTION - IN FIGURES REMOVE AND REPLACE VALLEY A -12 29 LF WIDM,MPLETE IN $ $ f vz PLACE PER FOOT- .._....._ ._.. REMOVE AND REPLACE A -13 127 SF CONCRETE MEDIAN ISLAND, $ : $ COMPLETE IN PLACE PER SQUARE FOOT. REMOVE AND REPLACE TIlMBER A -14 17 LF LANDSCAPE CURB (UP TO 12"), r �' $ COMPLETE IN PLACE PER LINEAR $ FOOT. A -15 2 EA ADJUST' MANHOLE, COMPLETE. IN PLACE PER EACH. ALUMINUM REFLECTORIZED A -16 1 EA ACCESSIBLE ROUTE SIGN $- (MOUNTED ON MAST ARM ), COMPLETE IN PLACE PER EACH. A -17 I LS TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM. $r —� MISCELLANEOUS DEMOLITION A -18 I LS AND SITE PREPARATION ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. STORMWATER POLLUTION A -19 1 LS PREVENTION, COMPLETE IN g r ." PLACE PER LUMP SUM - A -20 I LS M0B=ATI0N/B0NDS/1NSURANCE, $ f�^ ':y ` $i tot. COMPLETE IN PLACE PER LUMP SUM. -- TRAYFIC IMPROVEMENTS 12" WHITE CROSSWALK STRIPING, A -2I 1,580 LF COMPLETE IN PLACE PER LINEAR FOOT. 24" WHITE CROSSWALK STRIPING, A -22 1,514 LF COMPLETE IN PLACE PER LINEAR $- ' $, FOOT. Proposal Form 4of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 -& PRASE 2 (PROJECT NO: E10066) AIDA IMPROVEMENTS GROUP 3 BOND ISSUE 2005 (PROJECT NO. E11014 I II III IV V BIID ITEM EXTENSION (QTY BED QTY & UNIT PRICE X UNIT PRICE IN ITEM iTNIT.. _DESCRIPTION ._. — _IN FIGURES- FIGURIE& A-23 349 LF 24" WHITE STOP BAR, COMPLETE $ $ -v IN PLACE PER LINEAR FOOT. A -24 64 LF RED CURB PAINT, COMPLETE IN PLACE PER LINEAR FOOT. ADJUST EXISTING PEDESTRIAN A -25 11 EA PUSH BUTTON, COMPLETE IN $ PLACE PER EACH. UNANTICIPATEID ITEMS UNANTICIPATED AND OVERRUN A -26 I LS ALLOWANCE, COMPLETE IN $50,000 $50,000 PLACE PER LUMP SUM. TRAFFIC SIGNAL CABLE, A -27 400 LF COMPLETE IN PLACE PER LINEAR $ 1,5z- $ . FOOT. TRAFFIC SIGNAL CONDUIT - 2 ` A -28 400 LF 4" DIA, COMPLETE IN PLACE PER $ $, LINEAR FOOT. TRAFFIC SIGNAL CONDUIT - A -29 200 LF 3" DIA, COMPLETE IN PLACE PER $ ' $ LINEAR FOOT. TRAFFIC SIGNAL CONDUIT - A -30 200 LF 2" DIA, COMPLETE IN PLACE PER $ ^� • $ LINEAR FOOT. TRAFFIC SIGNAL CONDUIT - A -31 200 LF 1.5" DIA, COMPLETE IN PLACE PER $ LINEAR FOOT. BORING FOR TRAFFIC SIGNAL A -32 400 LF CONDUIT (4" TO 1.5 "), COMPLE'T'E IN PLACE PER LINEAR FOOT. NEW TRAFFIC SIGNAL JUNCTION A -33 4 EA BOX, COMPLETE IN PLACE PER $ $ , : tz EACH. NEW PEDESTRIAN POLE AND A -34 4 EA PUSH BUTTON ASSEMBLY, -T $ ,'V ©o, COMPLETE IN PLACE PER EACH. TOTAL, PART A: $ Proposal Form 5 of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO- E1,1014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: 3910066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO. E10066) CDBG PHASE i - VILLA DRIVE (LEOPARD ST TO UP RrVER RD) I II IH IV Y BID r'EIWI EXTENSION-ENSION(- {QTy .. BID QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES CONCRETE CURB RAMP AND B -1 171 SF LANDING, COMPLETE IN PLACE $_`` $ PER SQUARE FOOT. — CONCRETE SIDEWALK, B -2 2,973 SF COMPLETE IN PLACE PER S DARE e $ 57 ` $ ! �,3) , FOOT. REMOVE EXIST CONCRETE, B -3 5 SF COMPLETE IN PLACE PER SQUARE FOOT. B 10 REMOVE AND REPLACE CURB `��'. = -4 LF AND GUTTER, COMPLETE IN $ $ q0u: (>z PLACE PER LINEAR FOOT. ASPHALT PAVEMENT REPAIR, B -5 555 SF COMPLETE IN PLACE PER SQUARE --Q --RE � $ `� � $ FOOT. RELOCATE=LACE TRAFFIC B -6 3 EA SIGN, COMPLETE IN PLACE PER EACH. ADJUST VALVE, CLEAN —OUT, OR B -7 I EA METER, COMPLETE IN PLACE PER $ b` • ,» $ p (S °,' EACH. TYPE "A" HEADER CURB (OUTSIDE B -8 617 LF OF CURB RAMP AND LANDING) $ `` ° V 2 �� y COMPLETE IN PLACE PER LINEAR $ FOOT. B -9 I LS TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM. , ti 63 $ 1` -- $ } 0 MISCELLANEOUS DEMOLITION B -10 1 LS AND SITE PREPARATION ALLOWANCE, COMPLETE IN $ € �' .. „W $ `- PLACE PER LUMP SUM. STORMWATER POLLUTION B -11 1 LS PREVENTION, COMPLETE IN $,��. y PLACE PER LUMP SUM. Proposal Form 6of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT PTO: E11014) B AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT PTO: E10066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE I & PHASE 2 (PROJECT NO. E10066) CDBG PRASE I - VILLA DRIVE (LEOPARD ST TO UP RIVER RD) I II III Iii V BID ITEM EXTENSION (QTY BED QTY & _I1YvTIT. PRICE_..... X_UNIT MCE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES B -12 1 LS MOBILIZATION/BONDS/INSURANCE, COMPLETE IN PLACE PER LUMP SUM. TOTAL PART B: S Proposal Form 7of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014) , AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO. E10066) CDBG PHASE I - LEOPARD STREET (LANCASTER DR TO WFLLER ST) I IY III IV V �BIDS]CXM EXTENSION (QTY BID QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES CONCRETE SIDEWALK, C -I . 1,897 SF COMPLETE IN PLACE PER S DARE FOOT. REMOVE EXISTING CONCRETE, v C -2 584 SF COMPLETE IN PLACE PER S UARE $ G $ FOOT. C -3 3 EA CONCRETE CAR STOP, COMPLETE � > $ $ IN PLACE PER EACH. C -4 I LS TRAFFIC CONTROL, COMPLETE IN $ PLACE PER LUMP SUM. A MISCELLANEOUS DEMOLITION C -5 1 LS AND SITE PREPARATION $ (f� �_ $ ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. STORMWATER POLLUTION C -6 I LS PREVENTION, COMPLETE IN PLACE PER LUMP SUM. r - C-7 I -LS MOMLIZATIONBONDSANSURANCE, COMPLETE IN PLACE PER LUMP SUM. $ R �, F` $ TOTAL PART C; Proposal Form 8of18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014) , AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE I & PRASE 2 (PROJECT NO. E10066) CDBG PRASE I - SAXET HEIGHTS NO. 2, BLOCK 4 I II III ry `r BID ITEM - - - - -- - -EXTENSION (QTY BID QTY & UNIT' PRICE XUNIT PRICE IN ITEM KNIT DESCRIPTION IN FIGURES FIGURES CONCRETE CURB RAMP AND D -1 649 SF LANDING, COMPLETEIN PLACE $ PER SQUARE FOOT. CONCRETE SIDEWALK, D -2 6,078 SF COMPLETE IN PLACE PER SQUARE $ , ' `� $ IS q2q -� FOOT. ° REMOVE EXISTING CONCRETE, D -3 419 SF COMPLETE IN PLACE PER SQUARE 5. FOOT. REMOVE AND REPLACE CURB D -4 814 LF AND GUT TER, COMPLETE IN $ PLACE PER LINEAR FOOT. ASPHALT PAVEMENT REPAIR, D -5 2,405 SF COMPLETE IN PLACE PER SQUAR $ $ (0 022 FOOT. RELOCATE/REPLACE TRAFFIC D -6 4 EA SIGN, COMPLETE IN PLACE PER $ k ` -yg $ EACH. ADJUST VALVE, CLEAN -OUT, OR D -7 1 EA METER, COMPLETE IN PLACE PER $ _ EACH. REMOVE AND REPLACE D -8 5,174 SF CONCRETE DRIVEWAY, COMPLETE IN PLACE PER S UARE FOOT. TYPE "A" HEADER CURB (OUTSIDE D -9 799 LF OF CURB RAMP AND LANDING), $ COMPLETE IN PLACE PER LINEAR FOOT_ REMOVE EXIST FENCE (ANY D -10 282 LF KIND, INCLUDING GATES AND POSTS), COMPLETE IN PLACE PER LINEAR FOOT. D -11 1 EA TREE/ REE STUMP REMOVAL, �� s $ �' _ $ ` COMPLETE IN PLACE PER EACH. " Proposal Form 9of18 ADA IMPROVERENTS GROUP 3, BOND ISSUE 200$ (PROJECT NO- E11014), ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10065) ACCESIBLE ROUTES IN CIDBG RESIDENTIAL AREAS PHASE I & PHASE 2 (PROJECT NO. EI0066) CIDBG PHASE I - SAXET HEIGHTS NO. 2, BLOCK 4 I II III IV V BED ITEM EXTENSION (QTY BED QTY & - - -- - -- - - -- I]NIT PRICE - .. _ X-UNI-T- PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES D -12 1 LS TRAFFIC CONTROL, COMPLETE IN $ PLACE PER LUMP SUM. MISCELLANEOUS DEMOLITION D -13 I LS AND SITE PREPARATION ALLOWANCE, COMPLETE IN. PLACE PER LUMP SUM. STORMWATER POLLUTION D -14 1 LS PREVENTION, COMPLETE IN s i_ $ PLACE PER LUMP SUM. —� D -15 1 LS MOBILIZATIONBONDS/INSURANCE, $ -L $Le COMPLETE LUMP SUM. IN PLACE PER LU SUM. TOTAL PART D: $ Proposal Form 10 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO-. E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT N0: E10066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PRASE 184 PRASE 2 (PROJECT NO. E10066) CDBG PRASE I - GRMIAM ROAD (WALDRON RID TO WRANOSKY PARK) —TV— -- - BED ITEM EXTENSION (QTY BED QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT (DESCRIPTION IN FIGURES FIGURES E -I 4,995 SF CONCRETE SIDEWALK, COMPLETE IN PLACE PER SQUARE $ �',' y $ Y T, . FOOT. E -2 I LS TRAFFIC CONTROL, COMPLETE IN $ PLACE PER LUMP SUM. f MISCELLANEOUS DEMOLITION E -3 1 LS AND SITE PREPARATION ; $'v $ ALLOWANCE, COMPLETE IN f PLACE PER LUMP SUM. STORMWATER POLLUTION , E -4 1 LS PREVENTION, COMPLETE IN $ PLACE PER LUMP SUM. E -5 I LS MOBILIZATION/BONDS/INSURANCE, $ �-C COMPLETE IN PLACE PER LUMP SUM. ' TOTAL PART Ee Proposal Form 11 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE � (PROJECT NO: E10066) ACCESIBLE ROUTES IN CDBG RESIDENTIAL AREAS PRASE 1 & PHASE 2 (PROJECT NO. E10056 CDBG PHASE I - LIVE OAK STREET (CENIZO AVE TO MUELLER ST) I II III Tv y BID ITEM EXTENSION (QTY BID QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES CONCRETE CURB RAMP AND F -1 564 SF LANDING, COMPLETE IN PLACE PER SQUARE FOOT. CONCRETE SIDEWALK, F -2 1,782 SF COMPLETE IN PLACE PER SQUARE $ n FOOT. �- REMOVE EXISTING CONCRETE, F-3. 339 SF COMPLETE IN PLACE PER &Q ARE $ FOOT. REMOVE AND REPLACE CUR$ F -4 47 LF AND GUTTER, COMPLETE IN $ ' 1 UJ $ PLACE PER LINEAR FOOT. ASPHALT PAVEMENT REPAIR, F -5 179 SF COMPLETE IN PLACE PER SQUARE $ " , $ 05 FOOT- RELOCATE/REPLACE TRAFFIC F -6 1 EA SIGN, COMPLETE IN PLACE PER $ EACH. F -7 19 LF RED CURB PAINT, COMPLETE IN PLACE PER LINEAR FOOT. $ i . $� ^ F -8 I LS TRAFFIC CONTROL, COMPLETE IN PLACE PER LUMP SUM. $ ` MISCELLANEOUS DEMOLITION F -9 i LS AND SITE PREPARATION, ALLOWANCE, COMPLETE IN J,- -.— PLACE PER LUMP SUM. STORMWA'IER POLLUTION F -10 I LS PREVENTION, COMPLETE IN PLACE PER LUMP SUM. F -11 1 LS MOBIL IZATION/BONDS/1NSURANCE COMPLETE IN PLACE PER LUMP SUM. $ 3 TOTAL PART F: Proposal Form 12 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 &: PHASE 2 (PROJECT NO: E10066) ACCESIBLE ][LOUT_ ES IN CDBG RESIDENTIAL AREAS PHASE I & PHASE 2 (PROJECT NO. E10066) CDBG PRASE 2 - FLOUR BLUFF DRIVE (S.P.I.D. TO SUNBIRD ST) I II III IV V BID I$'EM — EXTENSICsN (QTy BID QTY & UNIT PRICE X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES G -I' 257 SF CONCRETE CURB RAMP AND LANDING, COMPLETE IN PLACE $-J €i, $ >` PER SQUARE FOOT. CONCRETE SIDEWALK, G -2 9,716 SF COMPLETE IN PLACE PER S DARE $ FOOT. REMOVE EXISTING CONCRETE, 0-3 56 SF COMPLETE IN PLACE PER SQUARE $ .� %o $ FOOT. REMOVE AND REPLACE CURB G -4 44 LF AND GUTTER, COMPLETE IN $ PLACE PER LINEAR FOOT. ASPHALT PAVEMENT REPAIR, G -5 72 SF COMPLETE IN PLACE PER SQUARE $ FOOT. RELOCATE/REPLACE TRAFFIC G -6 2 EA SIGN, COMPLETE IN PLACE PER $ ' d $ `2 . . ` , EACH. ADJUST ELECTRICAL /SIGNAL G -7 2 LF JUNCTION BOX, COMPLETE IN $ - , ` ' $ 9 co, PLACE PER LINEAR FOOT. , G -8 I LS TRAFFIC CONTROL, COMPLETE IN $ PLACE PER LUMP SUM.- - MISCELLANEOUS DEMOLITION G -9 I LS AND SITE PREPARATION $ ( $ ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. STORMWATER POLLUTION G -10 1 LS PREVENTION, COMPLETE IN $ y - PLACE PER LUMP SUM. MOBILIZATIONS OND S/IN SURANC G -11 I LS E, COMPLETE IN PLACE PER LUMP $ $- SUM. TOTAL PART G: BID SU1 MARY Proposal Form 13 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT N0: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) SUB -TOTAL - PART A — ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (Bid Items A -1 through A -34) $`� I - SUB -TOTAL - PART B — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE 1 VILLA DRIVE (LEOPARD ST TO UP RIVER RD) - (Bid Items B -1 through B -12) SUB -TOTAL - PART .0 — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE 1 _._ —. _... .._.__.. LEOPARD STREET (LANCASTER DR TO MUELLER ST) -; (Bid Items C -1 through C -7) $ SUB -TOTAL -- PART D — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE I SAXET HEIGHTS NO. 2, BLOCK 4 (Bid Items D -I through D -15) $ { 2.3 SUB -TOTAL — PART E — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE 1 GRAHAM ROAD (WALDRON RD TO WRANOSKY PARK) (Bid Items E -1 through E -5) $ SUB -TOTAL -- PART F — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE I LIVE OAK STREET (CENIZO AVE TO MUELLER ST) (Bid Items F -1 through F -11) $ s . SUB -TOTAL — PART G — ACCESSIBLE AREAS IN RESIDENTIAL AREAS PHASE 2 FLOUR BLUFF DRIVE (S.P.I.D. TO SUNBIRD ST) (Bid Items G -I through G -11) $ , 3ci TOTAL BASE BUD (Bid Items A through G) $� "�d� Proposal Form 14 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT NO: E11014), AM ACCESSIBLE ROUTES IN CDBG RESIDENTIAL -AREAS PHASE 1 & PHASE 2 (PROJECT NO: E10066) NOTE: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for, and the -Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional contingency in some cases, and may vary from the final quantities. DO NOT ORDER MATERIAL BASED ON THESE APPROXIMATE QUANTITIES The undersigned hereby declares --- that - -he -- has -- visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 50 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 two days (five days for Contractors outside Nueces County) 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 201 calendar da s from the date designated by a Work Order. Proposal Form 15 of 18 ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 (PROJECT PTO: E11014), AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 (PROJECT N0: E10066) The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following._.. addenda-- ._i- s- ..- ackn-owledge --d - acid-enda number): • . ------- ..- ._.._.._. - Respectful -ly su ma. -ted: Name: By _ � S IGNATL (SEAL, - If Bidder is a Corporation) [!.'�" �.. ,r C Address: : — i 411L (P.O. Box) (Street) (City) (State) (zip) Telephone'. NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers._... PR(7 /90) Proposal Form 16 of 18 PAYMENT BOND STATE OF TEXAS § BOND No. 16091414 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS. (LeSueur) That Ti -Zack Concrete., Inc. of the City of LeCenter , County_ of LeS;auer, and State of Minnesota as principal ( "Principal "), and. The Guarantee Company of North AMeriCa -USA F a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE MILLION, THIRTY -TWO THOUSAND, FOUR HUNDRED SIXTEEN AND 50110.0 U.S. Dollars ($_ 1,032 416.50 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 22ND day of .JANUARY, 2043 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 PROJECT NOS. E11014 AND E10066 (TOTAL BASE BID: $1,032,06.60) Now, therefore, the. condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void, otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Hate May 2011) Payment Band rage 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503:001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and . Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 28th day of Janus , 2013. PRINCIPAL Ti -Zack Concrete, Inc. By. Title: aa5oe. 1, ATT ST: Se etary Address: 39352 - 221 st Ave Address: 1 Towne Square, Ste. 1470 Le Center MN 56057 Southfield, MI 48076 Telephone: (248 ) 281 -0281 Fax: (248) 750 -0431 E -Mail; Thomas Holmes - tholmes;@gcna.com Rev. Date May 2011 Payment Bona Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randy LPG_ Agency: Swantner & Gordon Insurance Agency 500 N. Shoreline, Suite 1200 Address: (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) (State) (zip) Telephone: (361) 883 -1711 E -Mail: rml@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of r 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 N)NN E ) County of L-15 5 )) On this / �-r day of �_ 6F-4AfA%1 in the year c9013 before me personally come(s) Sim V= 1: &-f" to me known, who, being duly sworn, deposes and says that he is the E4.5 D ew-T— of the & A)C"-rt . --D �- 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. �aM.srwa�awaawa�a.+.+a�a LISA MARIE SIMON Notary Public- Minnesota otary Public My Camrn. Expires Jan. 3t. 2dt7 CKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 28th day of January, in the year 2813, before me personally come(s) Jonathan Pate, Attorney(s) -in -Pact of The Guarantee Corrivany Of North America USA with whom I am personally acquainted, and who, being by me duly sworn, says hat he is (are) the Attomey(s) -in -Fact of The Guarantee Com n Of North America USA company described in and which executed the within in f m\ent; 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 br order of the Board Di 1 of said company, and that he signed said instrument as Attorney(s )-in -Fact of the said company by like order. E WANDA LEE ERANZ NOTARY PUBLIC - MINNESOTA Notary Public My Commission Expires Jan. 31, 21715 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Jonathan Pate, Thomas M. Lahl, Thomas G. Hemp, Jennifer M. Boyles Pate Bonding, Inc its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. o° T�tcO+r� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and F�, its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. �p��� THE GUARANTEE COMPANY OF NORTH AMERICA US ,CICIII,%y STATE OF MICHIGAN Stephen C. Ruschak, Vice President nda ussel n, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2098 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. *au IN WITNESS WHEREOF, I have thereunto set my hand and attached the s f sa' ompany this ` ay of f ndall usselm n, Secretary r The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 U1 Phone: 248 - 281 -0281 Fax: 248 - 750 -0431 Texas Consumer Notice 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at: Pate Bonding, Inc 1276 So. Robert St -. West St. Pau1, MN 55118 {651}457- 6842 (P) / 55511 457 - 75315'1 3 You may call The Guarantee Company of North America USA's toll -free telephone number for information or to make a complaint at: 1- 866 - 328 -0567 Ext 1040 4 You may also write to The Guarantee Company of North America USA at: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: in €o @gcna.com Fax, 248- 750 -0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252- 3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -91 04 Fax: (512) 475 -1771 Web: http : / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first_ If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This, notice is for information only and does not become a part or condition of the attached document. "ISO IMPORTANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al Usted puede ilamar al numero de telefono gratis de The Guarantee Company of North America USA's para informacion o para someter una queja al: 1 -866- 328 -0567 Ext 1040 Usted tambien puede escribir a to The Guarantee Company of North America USA: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: Info@gcna.com Fax: 248 -750 -0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas at 1 -800- 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 949104 Austin, TX 78714 -91 04 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TO 1). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adj unto. CS0083 Texas Consumer Notice 1 of 1 12/2!2009 PERFORMANCE BOND STATE OF TEXAS § BOND No. 16091414 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: (LeSueur) That Ti -Zack Concrete Inc. of the City of L.eCenter , County of JeSauer and State of Minnesota, as principal ( "Principal'), and The Guarantee Company of North America A a solvent company duly authorized under the -laws of the State of Texas to---act as surety on bonds for principals ( "Surety "); - are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER'), in the penal sum of ONE MILLION. THIRTY -TVVO THOUSAND FOUR HUNDRED SIXTEEN AND 501100 U.S. Dollars (t1,032,416.50 U.S.) to be paid in Nueces County, Texas,, for the payment of which sure well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City- of Corpus Christi (OWNER), dated the 22ND of JANUARY , 2013, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 PROJECT NOS. E11014 AND E10066 (TOTAL. BASE BID: $1,032,416.50) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials andlor workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 R Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on vk1hom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005,'Texas Insurance Code, as amended. In witness whereof, -said - Principal and Surety -have signed ..- and_ -Sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 28th day of January - _ , 2013. PRINCIPAL Ti -Zack Concrete, Inc. By= Title: ( /5eJ7— ATTEST: 1� Se tart' Address; 39352 - 221 st Ave Address:_ 1 Towne Square, Ste. 1470 Le Center, MN 56057 Southfield, MI 48076 Telephone. (248) 281 -0281 Fax: (248) 750 -0431 (Rev. Date May 2011) E -Mail: Thomas Holmes - tholmes @gcna.com Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randy Lee Agency: Swantner & Gordon Insurance Agency Address: 500 N. Shoreline, Suite 1200 (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) (State) (Zip) Telephone: (361) 883 -1711 E -Mail: rml @s- gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by iaw or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto_ Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of ) On this day of F 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 (mown 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 �dy "��s01 } County of On this day Of in the year 20 1 before me personally comes) . to me known, who, being duly sworn, deposes and says that he is the 5>Ib -r" of the 7 405- a4l297C :2 _ 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- ..iosonr..ewa+�.�or..�we LISA MARIE SIMON Notary Public— Minnesota Notary Public My Comm. Expires Jan. 31, 2017 ,... ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 28th day of January, in the year 2013, before me personally come(s) Jonathan Attomey(s) -in -Fact of The Guarantee Comoanv Of North America USA with whom I am personally acquainted, and who, being by me duly swom, sa"at he is (are) the Attorneys) -in -Fact of The Guarantee Compqnv Of North America USA company described in and which executed the within in ment; that he know(s) the cor rate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed order of the Board�'f Di of said company, and that he signed said instrument as Attorney(s) -in -Fact of the said company by like order. RaMEJ Notary Public THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Jonathan Pate, Thomas M. Lahl, Thomas G. hemp, Jennifer M. Boyles Pate Bonding, Inc. its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'� day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. �3P THE GUARANTEE COMPANY OF NORTH AMERICA USA AME�c fflt STATE OF MICHIGAN Stephen C. Ruschak, Vice President andall sel n, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland 0-� My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. /1:1 6? I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. �TI�17% IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Co ¢ a P AM Secretary The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Phone: 248 -281 -0281 Fax: 248 - 750 -0431 Texas Consumer Notice 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at: Pate Bonding, Inc 1276 So. Robert St., West St. Paul, MN 55118 (651)457- 6842 {P) / {651) 457- 7531(F► 3 You may call The Guarantee Company of North America USA's toll -free telephone number for information or to make a complaint at: 1- 866 - 328 -0567 Ext 1040 4 You may also write to The Guarantee Company of North America USA at: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: Info @gcna.com Fax: 248 -750 -0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 -252- 3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -91 04 Fax. (512) 475 -1771 Web: http://www.tdi.state.tx.us E -mail: ConsumerProtection @ tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. C50083 Texas Consumer Notice 1 of 1 AVISO IMPORTANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al Usted puede Ilamar al numero de telefono gratis de The Guarantee Company of North America USA's para informacion o para someter una queja al: 1 -866- 328 -0567 Ext 1040 Usted tambien puede escribir a to The Guarantee Company of North America USA: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: Info(cDgcna.com Fax: 248- 750 -0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas a[: 1 -800- 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -91 04 Fax: (512) 475 -1771 Web: hfp: / /www.tdi.state.tx.us E -mail: Cons u merProtection@tdi.state.tx. us DISPUTAS SOBRE PRIMAS 0 RECL.AMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TD 1). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adj unto. 1212 009 LININFUMEEM STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE-PRESENTS: That Ti -Zack Concrete, Inc. of- t_he_City of LeCenter , _County of LeSauer, and State of Minnesota as principal ( "Principal "), and a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces .County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE MILLION, THIRTY -TWO THOUSAND, FOUR HUNDRED SIXTEEN AND 501100 U.S. Dollars ($ 1,032,416.50 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 22ND day of JANUARY, 2013 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2008 AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 PROJECT NOS. E11014 AND E10066 (TOTAL BASE BID: $1,032,416.50) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503 005, Texas Insurance Code, as amended. - In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of 2013. PRINCIPAL SURETY By: By :_ Attorney -in -fact Title: ATTEST -. Secretary Address: Address: Telephone: Fax: E -Mail: Rev. Date May 2011 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for. delivery of - . notice and service of process: Name: Agency: Address: (Physical Street Address) (City) (State) (zip) Telephone: E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Origirial Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond . Page 3 of 3 STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Ti-Zack c o of City-of L deter _County _of _ LeSauer and State of Minnesota, ("Principal"), � , a solvent company duly authorized under the laws of the State of Texas to- - act -as surety -oar- bonds -for principals- ( "Surety` are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE MILLION THIRTY -TWO THOUSAND FOUR HUNDRED SIXTEEN AND 501100 U.S. Dollars ($1,032,416.50 U.S.) to be paid in Nueces. County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the ., 2ND of JANUARY , 2013, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: ADA IMPROVEMENTS GROUP 3, BOND ISSUE 2006 AND ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 & PHASE 2 PROJECT NOS. E11014 AND E10066 (TOTAL BASE BID: $1,032,416.50) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair andlor 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001. to 3503.005, Texas Insurance Code, as amended. In witness - whereof; -- said -- Principal- -and -Surety---have—signed--and -sealed this instrument in 4 copies, each one of which shall be deemed an original, this the day of , 2013. PRINCIPAL SURETY By: By- Attorney-in-fact Title: ATTEST- Secretary Address: Address: Telephone: Fax: E -Mail: (Rev. Date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process- Name: Agency: ------------------- .._._.__.---- ..._... - -- ---- __._._.-------- - -_.._ __ _ _ _ Address- (Physical Street Address) (City) (State) (Zip) Telephone: E -Mail Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note- Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 SUPPLIER NUMBER TO SE ASSIGNED BY M Y ` PURCHASING DIVISION City of CITY OF CO"US CHTUSTI Chri us sti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires ail persons or frets seeking to do business C' 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. P O. BOX- STREET ADDRESS: C1Tl'; ZI_ ,. P a.: _:t: ' ' � •fir P: .s ;O P i FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner [� 4. Association (, J 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page yr attach separate sheet. I. State the names of each "employee" of the City of Corpus Chrtsti 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 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 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." Blame a 'rt Consultant Proposal Form 17 of 18 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 evade in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 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_ wall _ be promptly submitted to the City of Corpus Christi, Texas as changes occur. Cerfillylog Person: r . . . Tltles [type or Print) — Signature of Certifying ! — Date: 1 Persons_ , 1DEFINITIONS 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. "firer." 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, ,point 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 .fudges of the City of Corpus Christi, 'Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.'.' g "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form 18 of 18 A�� CERTIFICATE OF LIABILITY INSURANCE aA7E(MMIDOIYYYy) +02/04/2013 THIS CERTIFICATE IS ISSUED A5'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) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME* DARIAN T. HUNT House of Insurance Agency, Inc. PHONE Fax PO Box 205 EMAIL 507- 357 -2221 AIC No: 507- 357 -4940 LeCenter, MN 56057 ADDRESS: ...._ dhuntl ®fronti.ernet.net INSURER(§} AFFORDING COVERAGE t.fatr INSURED 507 -357 -6096 507 - 357 -6463 / INSURER B: Ti -Zack Concrete Inc. INSURERC; Travelers 39352 221st Ave !i LeCenter,. MN 56057 1NSURERb: COVERAGES PERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 01= 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 f AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN #S SUBJECT 70 ALL THE TERMS, EXCLU81ONS AND CONDITIONS OF 90CH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURA E AD 5 BR POLICYEFF POLICYEXP S D POLICYNUMBER MMIDDlYYYY MMIODfYYYY LIMITS GENERAL LIABILITY - EACHOCCURRENCE $ 11 000,000 C X COMMERCIAL GENERALLIABILITY 4T- CO- 9112R714- TIL -12 05/2.1/2012 09/21/2013 DAMAG T RE T- PR£MISES(Ea occurrence $ 300 CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5 DESCRIPTIOHOF OPERATIONSI LOCATIONS! VEHICLES (Attach ACORD 107, Additional RemaTkS 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: ADA Improvements Group 3, Bond Issue 2008 and Accessible Routes in CD§G Residential Areas Phase 1 & Phase 2 Project Numbers; E11014 & E10066 V CATE TION �. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi Department of Engineering.. Sery ACCORDANCE WITH THE POLICY PROVISIONS - Attn Contract AdminPO Box;19277 AUTHORIZEDREPRESENFATIVE Corpus Christi, TX 78469 -9277 q� / C 1988 -2040 ACORD CORPORATION. All rights reserved. ACORD 25 (2040/05) The ACORD narne and logo are registered marks of ACORD _... — DoQ PERSONAL &ADVINJURY $ 110001000 GENERALAGGREGATE $ 2, 000, 0()Q C - GEN'L AUTOMOBILE AGGREGATE LIMIT APPLIES PER: POLICY;' X PF O- LOG LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON OWNED _ AUTOS 3A- 9112R714- CNS --12 09/21/2012 09/21/2013 PRODUCTS - COMP /OP AG G $ 2 , 0 0 ()1000 COMBINED SINGLE LIMIT Ea accident S 1,000,00c) BODILY lNJURY (Per person) $ X X BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident $ $ C X —d e.... IT e... UMBRELLALIAB ii OCCUR,- EXCESS LIAB CLAIMS.MIADE .TSM- C1UP- 9112R71.4- TND -12 09/21/2012 09/21/2013 EACH OCCURRENCE AGGREGATE $ 5, 0001000 $ 5, 000, OOQ DEO RETENTION$ II C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �'j YIN ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatory � (Mandatory In NH) Ifyes,describeunder DESCRIPTION OF OPERATIONS below NIA 4TC- UB- 9112R714 -12 09/21/2012 05/21/2013 / V! X WC STA ;U- 0TH_ T IT$ E E. L. EACH ACCIDENT $ 5 500, 000 - 500,000 $ 5001000 E.L. DISEASE - EA EMPLOYEES F.L. DISEASE • POLICY LIMIT C Professional Liability ZCO- 13T32331 o 09 /21/2013 $2,000,000 $2000000 DESCRIPTIOHOF OPERATIONSI LOCATIONS! VEHICLES (Attach ACORD 107, Additional RemaTkS 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: ADA Improvements Group 3, Bond Issue 2008 and Accessible Routes in CD§G Residential Areas Phase 1 & Phase 2 Project Numbers; E11014 & E10066 V CATE TION �. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi Department of Engineering.. Sery ACCORDANCE WITH THE POLICY PROVISIONS - Attn Contract AdminPO Box;19277 AUTHORIZEDREPRESENFATIVE Corpus Christi, TX 78469 -9277 q� / C 1988 -2040 ACORD CORPORATION. All rights reserved. ACORD 25 (2040/05) The ACORD narne and logo are registered marks of ACORD AGENCY House of Insurance POLICY NUMBER AGENCY CUSTOMER ID: 1001726 LOC #: ADDITIONAL REMARKS SCHEDULE Page of NAMED INSURED Inc. Ti -Zack Concrete Inc. 39352 221st Ave LeCenter, MN 56057 CARRIER NA1C CODE EFFECTIVE DATE; ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INS" TYPE OF INSURANCE ADi1L SUER - POLICY EFF POLICY EXP LTR INS WV9 POLICYNUMBER MMlUDlYYYY MMJDDIYYYY LIMITS $2,000,000 $2000000 G Pollution Liability Fzco-,3T32331 09/21/2012 09/21/2013 ACORD 901 (2008101) O 2008 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY 4T— CO- 9112R714— TIL -12 s THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY W This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART V/ 1. WHO IS AN INSURED -- (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: 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: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work!" and included in the "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 -ex -ess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance .provided to the additional insured by this endorsement still is excess over any valid and collectible "Other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 I o.� 0 o� m r� 0 0 002839 which this insurance applies are alleged. "Suit" in- cludes' a. An arbitration proceeding irl which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceed- ing in which such damages are claimed and to which you submit with our consent. The following definitions are added to SECTION V -- DEFINITIONS WEB SITE INJURY "Web site injury" means injury, other than "personal injury or "advertising injury", arising out of one or more of the following offenses: a. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that claim is made or "suit" is brought by a person or organization that claims to have been slandered or libeled, or COMMERCIAL GENERAL LIABILITY 4T- CO- 91128714— TIL -12 whose goods, products or services have allegedly been disparaged; b. Oral, written or electronic publication of material that appropriates a person's likeness, unreasona- bly places a person in a false light or gives unrea- sonable publicity to a person's private life; c. Oral, written or electronic publication of material that violates a person's right of publicity, provided that claim is made or "suit" is brought by the per- son claiming rights of publicity; or d. Infringement of copyright, title or slogan, provided that claim is made or "suit" is brought by a person or organization claiming ownership of such copy- right, title or slogan. YOUR WEB SITE "Your web site" means all computer tiles and data which may be accessed via the Internet using a Uni- versal Resource Locator that includes any domain name owned by or assigned to you. Countersigned BY: CG D2 34 01 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 5 of 5 0 m�e ar.�r 006917 COMMERCIAL AUTO BA- 9112R714- 12 —CNS- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - O COVERAGE L.._ Ua E-- < ', O ? h ! L !ji J This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS -- INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES —INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION Ii -- LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "Insured" under the Who Is An Insured provision contained in Section Il. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II LI- ABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE - GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph lo. in B.S., Other Insurance, of SECTION IV -- BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". An "employee" of yours is an "Insured" while C EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.'$., Who Is under a contract or agreement in that "em- An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 02010 The Travelers Indemnity Company. All rights reserved. Page 1 of g Includes copyrighted material of insurance services office, Inc. with Its permission. COMMERCIAL AUTO BA- 91128714- 12 —CNS Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION If —LIABILITY COVERAGE: (4) Ali reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TiON I — COHERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The .following is added to Paragraph A.4., Cover- age Extensions, of,SECTION iII _ PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverago for an owned "auto ", then the 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 damaged 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 determining actual cash value in the event of a total (3) If a repair or replacement results in better than like kind, or quality, we will not pay forthe 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 ". G. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES -- INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION 111 — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense irr- Curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION II# - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III PHYSICAL DAMAGE COVERAGE: 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". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 19) 2010 The Travelers indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services offlce, ine- with its permission. s r� 4� o� W� r P ^mow 006918 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL. DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.'I.b. and A.'I.e., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage underthis policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $9,000 for any one "loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles _In the event of a total "loss" to a covered "auto" of the private passengertype shown in the Schedule or Declarations for which Physical Damage Cov- erage is prodded, 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 Countersigned By COMMERCIAL AUTO BA- 91128714- 12 —CNS (2) Any: (a) Overdue lease or loan payments at the time of the "lass`; (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. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI� TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract.. CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Ofte, Inc. with its permission. a� r N m-- o� o� 0 o— 003574 POLICY NUMBER: 4T-CO- 9112R714- TIL -12 ISSUE DATE: 09 -21 -12 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ nT CAREFULLY, This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days N(tice: o WHEN WE DO NOT RENEW (Nonrenewal): Number of Days N o NAME, CITY OF CORPUS CHRISTI DEPT OF ENGINEERING SERVICES ADDRESS :ATTN: CONTRACT ADMIN PO SOX 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. R. 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 ILT3540398 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 mall 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 x m 0 6� Um�aq Tl 1 POLICYNUMBER: BA- 91128714- 12 -CN5 V1 ISSUE DATE: o9-28_12 This endorsement modifies Insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notic : 30 WHEN WE n0 NOT RENEW (Nonrenewal): Number of Days Not' e: 30 NAME: CITY OF CORPUS CHRISTI DEPT OF ENGINEERING SERVICES ADDRESS: ATTN., CONTRACT ADMIN PO BOX 5277 CORPUS CHRISTI TX 78469 --8277 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. E. For any statutorily permitted reason other than nonpayment of premium, the number of days re7 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 Signed BY 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 Nurn- ber of Days indicated above before the effective date to our action. IL T3 54 03 98 Copyright, The Travelers Indemnity Company, 1998 32619 Page 1 of 1 M w 0 0 a m 0 m 1 RAVELERS ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT" WC 99 09 11 (A) POLICY NUMBER: (4THJI3 -91 12R71 -4 -12 ) NOTICE OF CANCELLATION Except for non- payment of premium by you, we agree that no cancellation or limitation of this policy shall become effective until the number of day's 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 ATTN: CONTRACT ADMIN Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 2. Number of Days Written Notic 3D Additional Days N 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 Policy No, Endorsement No, Insured Insurance Company Premium $ Countersigned by DATE OF ISSUE: 09-21-12 ST ASSIGN; oaosa� Page 1 of i