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HomeMy WebLinkAboutC2013-069 - 1/29/2013 - ApprovedffQ ,,� . b;"I. Er,, Ni .......... UM "li-i N i IPR E W-A� (Revised 7/5/00) BAYFRONT SEAWALL REPAIRS -- 2012 PROJECT NO. E11090 Table of Contents NOTICE TO BIDDERS (Revised 7/5 /00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - E (Marcie 2009) Worker's Compensation Coverage For Building or Construction Projects For Government. Entities PART A (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 Faxed proposals A -9 Acknowledgment of Addenda A -10 Ware Rates (Revised 7 /5 /00) A -11 Cooperation with Public Agencies (Reprised 7/5/00) A�12 Maintenance of Services A -13 Area Access and Traffic Control A--14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal/Salvage of Materials A-17 PleldOffle-e (Not Used) A -18 Schedule and Sequence of Construction (Not Used) A -20 Testing and Certification (Not Used) A -22 Minority/Minority Business Enterprise Participation Policy (Reprised 10/98) A-23 lns (Not Used) A -24 Surety Ponds A 25-sal NO LONGER APPLICABLE (6/11/96) A -26 Supplemental Insurance Requirements A 27 (Not Used) A -28 Considerations for Contract Award and Execution A. -29 Contractor's Field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 (Not Used) lie t on A -36 Other Submittals (devised 9/18/04) 6T Used) i- (Not Used) A -38 Worker' s. Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to section B -8 -6: Partial Estimates (Nbtt Used) A -42 OSHA Rules & Regu.l,ations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/001 (Not Used) (Not Used) A -48 Overhead Electripal Wires (7/5/00) A -49 Amend °Maintenance Guaranty" (8/24/00) (riot Used.) A -51 Pavement Restoration and Project Clean -up A -52 Protection of the Job Site A -53 Basis of Delay Claims A -54 Hauling and Loads on .Roadways and Structures A-55 Equipment Rates for Extra Work A -56 Non City - Standard Specifications and Details A -57 Amended. "Prosecution and Progress" A-58 Examination of Site A-59 .Permits and Laws A--60 Construction, Site and Job Conditions A--61 Protection of Public A -62 Site Physical Data A -63 Protection of Site A--64 [displaced Material A -65 Signal Lights A--66 Vessel Traffic SUBMITTAI TRANSMITTAL FORM PART 8 (SECTION E) - GENERAL PROVISIONS PART C -- FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 025802 Temporary Traffic Controls During Construction PART T - TECENICAL SPECIFICATIONS 01140 Work Restrictions 01310 Project Management and Coordination 01320 Construction Progress Documentation 01454 Quality Control. 01744 Execution Requirements 01732 Selective Demolition. 01770. Closeout Procedures 01781 Project Record Documents, 02110 Demolition and Removal. 03410 Plant- Precast Structural Concrete Page 2 of 3 D3930 Concrete.Rehaba.litataon APPENDIX I — LIST OF DRAWINGS APPENDIX II — CALENDAR OF SPECIAL EVENTS APPENDIX III — S'T'ANDARD TXDOT TRAFFIC CONTROL PLAN SHEETS NOTICE AUNT PROPOSAL /DISCLOSURE OF INTEREST PERFORMANCE BOLD PAYMENT BOND page 3 Of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: SAYERDNT SEAWALL REPAIRS -- 2012 PROJECT NO. 211090; The project consists of selected repairs along the City of Corpus Christi Seawall, Lawrence Street T- Tread, and Coopers Alley L -Head. These include crack repairs on McGee Beach access ramp, panels. 4 through 79, front wall cap (3 locations), pnd aprons paving at the Art Museum; spall repairs at Lawrence Street T -Head and Coopers Alley L -Head front wall cap face; spall repairs with exposed reinforcing can front wall cap (17 Locations); replacement of a section of railing at Art Museum, timber pile at panel, 223, storm water outfall penetration box tops (16 locations), replacement of damaged /missing timber fenders, missing front wall check valves (10 locations), and expansion joints at panels 131 through 231. The Work includes all labor, materials, tools, equipment, plant,, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the Work for construction of the Bayfront Seawall Repairs - 2€71.2 project (Project' Number E11090) . Sealed proposals will be received at the office of the City Secretary until 2:00: p.m. on_Wednesda , November 14, 2012, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 2 :m. Wedaes4ay, October 24, 2012 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi:, TX. A .bad boned in the amount of 5% of the highest amount bid must accompany each proposal.. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds' for contracts over $25,000.00. will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of _Fifty and no /100 Collars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor skull_ pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the,best interest of the public. CITY of CORPUS CHRISTI, TEXAS /s/ Daniel Siles, P.E. Director of Engineering services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the followincr amounts is .r..eoui.re,d.: TYPE OF 1NS1nLWCZ m Nnom iNsu Rmcz COVERAGE 30 -L)ay Notice of Cancellation required Bodily injury and Property Damage on all certificates PER OCCURRENCE / AGGREGATE Commercial General ti.ability including: $2,000,COO COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground. Hazard 5. Products/ Completed Operations Hazard. 6. Contractual. Liability i. Broad Farm Property Damage 8. Independent Contractors 9. Personal Injury A1UTOM0BILE.LIABILITY- -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR REINED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS, COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,006 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED Slis€GLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental. 0 REQUIRED (u� discharge; to include .long -term NOT REQUIRED environmental impact for the disposal, of contaminants BUILDERS' TUSK See Section B -6 -11 and Supplemental Insurance Requirements D REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6 -1.1. and Supplemental Insurance Requirements C7 REQUIRED F-1 NOT REQUIRED U.S. LONGSAORE AND HARBOR WORKERS` STATUTORY AMOUNT WHICH COMPLIES WITH THE INSURANCE UNITED STATES LONGSHORE AND HARBOR WORKERS ACT MARITIME EMPLOYERS LIABILITY IMS€TRANCE $500,000 COMBINED SINGLE LIMIT Including, but not limited to, transportation, wages, maintenance and cure Page i of 2 • The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. • The name of the project, "Bay-front . Seawall Repairs - 2012, Project No. %110911" must be lasted under "'description of operations" on each certificate of insurance. 0 For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by'the insurer, providing the City with thirty . (3€l) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special'Provisions section of the contract. A completed "Disclosure of Interest " must be submitted with your proposal. Should you have any questions regarding insurance . regJU±=emeUt-s, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - 33 NOTICE TO CONTRACTORS - E WORKER`S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Page i of 11 Texas Admim6tlrative Code TITLE 2828 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORIKERS' COMPENSATION CHAPTER -110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER R EMPLOYER 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 certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81; TWCC -82, MCC-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 -- ''porkers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement --A written agreement on form TWCC -81, forth TWCG -82, form TWCC -83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers! Compensation Act, pursuant to the Texas Labor Cade, Chapter 406, Subchapters F and G, as one of employerfem.ployee 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 governmetrtal entity. (7) Persons providing services on the project ( "subcontractar" 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 hart of the services the contractor has undertaken to perform on the project, regardless of whether that ,person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of.any entity furnishing personas to perform services on the project. .Page 1 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, of=fice supply deliveries, and delivery of portable toilets. (8) Project- includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers! compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain, required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) ,A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage. (A) before the end of the. current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate show's that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the corximission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure I 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 hic . Page 2 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prier to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration ofthe project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a.certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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 an the current certificate of coverage ends-during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (S) notify the governmental entity in writing by certified snail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially of -ects 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 unposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (9) contractually require each person with whom it contracts to provide services on. a project to: (A) provide .coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project,. (B) provide a certificate of coverage to the. contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of I I (DI provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (p) retain all rewired 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 (fT) 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 cosies and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or ,providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers` compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance- carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the projcct, 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 rewired by its contract: (A) a certificate of coverage, prior to the other person beginning work on -the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5ofIt (6) retain all required certificates of coverage on file far the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have ]mown of the change; attd (9) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filitig of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to it prier to than other person beginning work on the project; (C) include in all contracts to. provide services on the project the language in paragraph. (3) of this subsection; (D) provide, prier to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate. of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (C) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each. person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A), -(G) of this paragraph, with the certificate of coverage to be provided to the person for wham they are providing services. (f) if any provision of this role or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity an or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor criers who are required. pursuant to 'Texas Civil Statutes, .Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §46). (1) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th legislature, 1995, § 1.20). This subsection applies only to sole proprietors., partners, and corporate executive officers who are excluded from overage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions ofthis §110.110 adopted to be effective September 1, 1994,19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 129S H OA 10(4)(7) "REQ1IR 13 WCIRKERS' COMPENSATION COVERAGE" "Tire 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 ideality of'their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive infortnatiorr on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T29S 11©.110(c) (7) Article _ _.. . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage (r'certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (YWCC -81, TWCC- 82, TWCC -83, or YWCC-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'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors; subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of f `any entity which farWshes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 40.1.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. L. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the projeeA the contractor roust, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (])a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file cert ificates of coverage showing coverage, for all persvns providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certftcate of coverage ends during the duration of the project. Page 9 of I I F. The contractor shall retain all requires' certificates of coverage for the duration of the project acrd for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days afier the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H, The contractor shall post on each project site a notice, in the text, form and mariner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating crow a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of arty coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) far all o, f its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that persona beginning work an the project, a certificate o„ f' coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period ' a new certzflcate of coverage showing extension o, f 'coverage, if the coverage period shown on the current certificate of coverage ends during the- duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a izetiv certificate of coverage showing extension of `coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (S) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage, for the duration of the j proect, that the coverage will be based on proper reporting of classification codes and payroll amounts, chid that all coverage agreements will be filed with the appropriate insurance carrier or; in the case of aself- insured, with the camrrrission's7ivisian ofelf- Page 10 of 11 Insurance Regulation. Providingfalse or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions: K. The contractor's failure to comply with any of `these ;provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not .remedy the breach within ten ,days after receipt of notice of breachfrom the governmental entity. Page 11 of 11 PART A (Section A) Special Provisions BAY FRONT SEAWALL REPAIRS - 2012 PROJECT Nth. E11090 SECTION .A - SPECIAL PROVISIONS A--1 Time and Place of Receiving Pro osals /Pre -Sid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals w.il.l, be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 .m, Wednes!LaX, November 14 2012. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 12€1 Leopard Street Corpus Christi, Texas 78401 ATTN: HID PROPOSAL - HAYFRONT SEAWALL REPAIRS -- 2012 PROTECT NO. E11090 Asa proposals, not physic" in possession of the City SecretaEyls office at the time and date of bid openiLiA will be deemed Late and non -re nsive. Late proposals will be returned unopened to the Rrqpqser. The ro oser is solely responsible for deliv to the City. Secretary's Office. Deli very of any ro sa1 joy the proposer, their a ent /r resentative U.S. Mail, or other deliveEy service, to--Any City address or office other than the Ci SearetaxYls Office will be deemed non-responsive if not in possession of the C!:t Secre ' s Offloe ;;*or to the date and time of bid opening. A pre -bid meeting will be held on Wednesda y, October 24 2412 be inxYi at 2:00 P.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX and will include a discussion of the project elements. No additional or se rate visitations will be conducted by the Cit . All in iries regarding the plans, specifications, and /or contract documents including MX d±scE2pancies-therato­, shall be rpvi.ded to: Ilan. Gana, P. E. HDR EnS ineeriM, Inc. Phone: 361.696.3347 Fax: 361.596.3385 Email: Dan.Garza@hdr:Lne.com All questions shall be received prior to 5:00 I s six da s after the p -bid .meeting.. The Engineer will not answer eetiores rec aived after this time and it is the Bidder's responsibility to ensure that all SMestions are received pr1or to October 31, 2012. A�-2 Definitions and Abbreviations Section B_1 of the General. Provisions will govern. A -3 Description of Project The project consists of selected repairs along the City of Corpus Christi Seawall, Lawrence Street T -dead, and Coopers Alley L -Head. These include seotaon A. - ap (Revised 12/15/04) Pago I of 30 crack repairs on McGee Beach access ramp, panels 4 through 79, front gall cap (3 locations), and apron paving at the Art Museum.; spall repairs at Lawrence Street T- -need and Coopers Alley L -mead front wall cap face, spall repairs with exposed reinforcing on front wall cap (17 locations); replacement "of a section of railing at Art Museum, timber pile at panel 223, storm water outfall penetration box tops (16 locations), replacement of damaged /missing timber fenders, missing front gall check valves (10 locations), and expansion joints at panels 131 through 231. The Work includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully . complete the Work for construction of the Bayfront Seawall repairs --° 2012 project (Project Number E11090). A -4 Method of Award L'XPLP,1 ATION. OF - PROPO =SAT, Base Bid consists of selected repairs along the City of Corpus Christi Seawall, Lawrence Street T -Head, Peoples Street T -Head, and Coopers Alley L -. Head and all other work described in the Contract Documents. ME'T'HOD 01' AWARD The City reserves the right to .award the proposal that is in the best interest of the City. The low bidder will be determined based on the lowest combination of Base Bid plus Additive Alternates that is within the City's available funding. Any combination of Base Bid plus'Additive Alternates may be considered. 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 rtems to be Submitted With Proposal. The following items ors required to be submitted-with the proposal 1. 5% Bid Bond (Must reference BAY FRONT SEAWALL REPAIRS 2012 PROJECT No E11090'as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State. or National. Bank will also be acceptable.) 2. Disclosure of Interest A -6 Time of Completion/14 ' _qu.3.dated Dania es The working time for completion of the Project will be as follows: Base Bid: 90 calendar days The Contractor shall commence work within ten [10) calendar clays after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or .after such time period as extended pursuant to other provisions of this Contract, $250 per calendar day will be assessed against the Contractor as liquidated damages. Section A - SP (Reprised 12/15/04) Page 2 of 30 Said liquidated damages are not imposed 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 nature are not capable-of precise-proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Ar-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and .replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation: insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified .in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed PrW2sals 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 -$ Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal,. Failure to do so will be interpreted as non- -receipt. Since addenda can have significant impact on the proposal, failure to acknowledge .receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determ1ning the lowest responsible bidder. A -10 Wage__Ra,tes (Revised 7/5/00) Labor preference and wage .rates for HEAVY as set forth in Part C. In case of conflict, Contractor shall use higher wage rate. M, n;mm Prevail -Lm Wacte Scales The Corpus Christi City Council has deter ned the general prevailing minim= = fly wage rates for Nuec es County, Texas as set out in Pert C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by then in the execution of the Contract. The Contractor, or subcontractor shall forfeit sixty collars 060.00) per calendar day, or portion thereof, for each .laborer, section A - sp (Revised 12/35/04) Page 3 of 30 Workman, or nechani c employed, if such person is paid less than the specified rates for the classification of work perfonmted. The Contractor and each subcontractor nmst keep an accurate record showing the nos and classifications of all laborers, workmen, and tics employed by then in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain dies of such certified payrolls from. all subcontractors and others working on the Project. 'these doccm-ents will also he submitted to the City Engineer biweekly. (See section for MinorityMi nority Business Enterprise Participation Policy for. additional require nts concerning the proper, fom and content of the payroll submittals.) One -and mime -half (],�) times the specified hourly wage must be paid for all hours vorked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B- -1--1, Da-finition of Terms, and Section B -7 -6, Working Hours.) A-11 P?Vmatian with Public ( Ased 7/5/00) The Contractor shall ooc erate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811., and the Lc e Star Notification .many at 1-800-6698344. For the C ractor's convenience, the following telephone numbers ale listed. City weer Consultant Engineer (HDR Engineering, Inc) Dan Garza, A.E. Traffic Engineering Police Department Water Department Wastewater Department {x` s Department Storm Water Department Park's & Recreation Department Streets & 'Solid Waste Services A, E P ATT City Street Div. for Traffic Signal /Fiber Cptic Locate Cablevision AC;SI (Fiber Optic) EW (Fiber Optic) ChoiceCon€ (Fiber Cptic) CAPS (Fiber Optic) Brooks Fiber Cptic (MAN) A -12 Maintenance of Services 826-3500 696 -334'7 826 -3540 886-2600 826 - 1881. (826 -1888 after hours) 826 -18030 (626 -1818 after hours) 885 -6900 (885 -6913 after hours) 826 -1875 (826 - 31401 after h=rs) 826 -3461 826 -1940 1- 877 - 373- -4858 881 -2511 (1- 800 - 824 - -4424, after hours) 826 -1946 826 --3547 557 -5000 (857 -5060 after hours) 887-9200' (Pager 8001- 724 - -3624) 813--1124 (Pager 888°- 204 - -1679) 8815767 (Pager 850 - 2981) 512/935 -0958 (bile) 972 =753 -4355 The Contractor shall take all precautions in protecting. existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as- built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with.- regard to the location and nature of underground utilities, etc. However, the accurac and oo�n lateness 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 Section A - SP (Revlsed 12/15/041 Page 4 of 30 the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. in the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid-must be-handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the ContractQ's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A--13 Area Access and 'Traffic Control Sufficient traffic control measures mast 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 adjacent side streets, and the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform 3arricading 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. In addition, the Contractor shall. comply with requirements set forth in the Texas Manual of Uniform Traffic Control Devices. All costs for traffic control are to be ±replaced in the appropriate bad items as indicated in the Proposal Form. A -14 Constructionggulpment Spillage and Trackixi The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work clay or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sever is allowed to remain on the Project site or adjoining streets. Section A - SP wised 12/15/04) Page 5 of 30 A -15 Excavation and Removals (NOT USED) The be gi;led with n rr " re hishe, asphalt, eeneEete an A -16 Di oral /Salve a of Materials Excess excavated material, broken asphalt, concrete, broken culverts, removed pipelines and other unwanted material becomes the property of the Contractor and iftust be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct .payme'nt will be Evade to Contractor. A -17 Field Office (NOT USED) r r h �Gt_rie._.......��. Way"I - ' - 1. CT ent W' -13 be. Made' Ce A -16 Di oral /Salve a of Materials Excess excavated material, broken asphalt, concrete, broken culverts, removed pipelines and other unwanted material becomes the property of the Contractor and iftust be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct .payme'nt will be Evade to Contractor. A -17 Field Office (NOT USED) A -18 Schedule and Sequence of. Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan roust detail the schedule of work and must be submitted to the City Engineer at least three (3) working clays prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prier- to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. items to Include: Shona complete sequence of construction by activity, identifying Mork of separate stages and ether logically grouped activities. Identify the first work day of each week. section A - SP (kie'vised 12 %15/09 Page 6 of 30 - - -- - - e -M NUWVT� Rim A -18 Schedule and Sequence of. Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan roust detail the schedule of work and must be submitted to the City Engineer at least three (3) working clays prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prier- to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. items to Include: Shona complete sequence of construction by activity, identifying Mork of separate stages and ether logically grouped activities. Identify the first work day of each week. section A - SP (kie'vised 12 %15/09 Page 6 of 30 3. Submittal bates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5.. Periodic Update: Submit Updated Construction Progress Schedule monthly to show actual, progress of each stage by percentage against initial. Schedule. A-19 Construction Pro ` eat jayout and Control (NOT USED) drawings The . slepes, gradea, eentr-el of the were. NO err -- -- -- - Seetion A - SP (Revised 12/'15/04) Page 7 of 30 +�= :tep of valves rbex _ ..1 t... ­ a!-v--es T.X u • - A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done. over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide. all applicable certifications to the City Engineer. A-21 Project S -i.gns (NOT USED) -- - - - -- A-22 Minor:Lty/M±nority Business Ente=prise Participation Poll (Revised 10/95) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Carpus Christi in support of Equal. Employment Opportunity 'goals and Objectives of the Affirmative Action Policy Statement of the City dated October, 1589, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation, by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, - firm, partnership, corporation,, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person., firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under cortract with a prime contractor on a City contract. c. Minorst Business Enter rise: A business enterprise that is owned and ct�ntrolled %y one ar moors 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 section 4 - SP (Revised 12/15/04) 'age B or 80 3. considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority persoia(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, mast be entitled to receive 51.0% or more of the total .profits, bonuses, dividends, interest payments, commi.ssi.ons., 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 Enter rise: 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. ,point 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 MEE -goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.o% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be perforated by the joint venture. Goals a. The goals for participation hY minorities and Minority Business Enterprises expressed in percentage terms for the Contractor`s aggregate worm ford: on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise Section A - SP (Revised 12/15/04) Page 9 of 30 4. (Percent) Participation (Percent) 45 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in- the Contract, including approved change orders. The hours of minority employment must. be substantially uniform throughout the length of the Contract and in each trade.' The transfer of 'minority employees from Contractor-to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. upon completion of the Project, a final breakdokn of MBE participation,' substantiated by' conies of paid, invoices, shall be submitted by the Contractor.to the'City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for .final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit hi- weekly payrolls in a timely fashion or to submit, overall participation information as required. A-23 . Inspection A!p ireci (devised 7/5/00) (NOT USED) A- 24 _Surety Bonds Paragraph two (2) of Section B -3 74 of the General Previsions 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 bonus are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide csrtif'ication satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten, percent (10 %) of the Surety Company'A capital and surplus with reinsurer(s)- authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the 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 re.insu.rer seotion A - SP (Revised 12/15/04) Page: 10 of 30 authorized and admitted to do business in the State of Texas, The Surety shall designate an agent who is a resident-of Nueees County, Texas. Each, bond roust be executed by the. Contractor and the Surety. For contracts in excess of $100,000 the bond inust be executed by a Surety company that is certified by the United States Secretary of the Treasury or mast obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25.. sales .Tax Exemption (NOT USED) r rovision,, is deleted n Its e14-61R-�ety and t felleiAR4 eubstitated in lieu ts.,..r. eg, Ghristi ad 9se Tames unless • r r L s the GentEaeter i. Obtain the fteeessary sales tax per-ial-16-s. the State GeWt*e-llerr. it _ ineeEparrated into the Peejeet. 3, PE ide- esa•le eea�t ieates -e -e pa�epesal value of t a must pay SiabeentraetaEs are eligible for- sales if the sebeentr-a­_-� Eesale eer-tiffieate to the r A -26 §22plemental Insurance xements 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: Ira 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 927" Corpus Christi, Texas 78459 -9277 Section A -- SP (Remised 12/15/04) Page 11 of 30 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 En sneer 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 Clbntra.ct documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Gortractor provides worker's compensation insurance coverage 'for all employees of the Contractors employed on the Project described in the Contract. For each insurance coverage provided in, accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual, liability insurance coverage obtained in accordance with Section B -6--11 (a) of the Contract, the Contractor shall .obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of therm against and hold . it and there harmless from any and all lawsuits, claims, demands, .liabilities, lasses 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 any this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Hama a Claims (NOT USED) C C � ON - - -ft ■ i C C A -28 Considerations for. Contract Award and Execution Section A - SP (Revised 12/15/04) Page 12 of 30 001 =0M. - . wo C C � ON - - -ft ■ i C C A -28 Considerations for. Contract Award and Execution Section A - SP (Revised 12/15/04) Page 12 of 30 To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the, City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. if any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun. within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the cla.ian has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior. to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Feld Administration. Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following; 1. The Superintendent must have at least five (5) years ant experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent, experience in .similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer, The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in iaza prior to such superintendent assuming responsibilities on the Project. Such written approval of field admani.stration staff is a prerequisIte to the City Engineer's obligation to execute a contract for this Project, if such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract.. if the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration seetioxi A 4 8P . (wised 12/15/04) Page 13 of 30 staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to sectiori 9 -7 -13. A -30 Amended "Considerat:i.on of Contract" E2Virements Under "General Provisions and Requirements for Municipal Construction Contracts" section B -3 -1 Consideration. of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) mast submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3.- A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE 'firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from. the MBE firms, 'that such MBE fins meet the guidelines contained herein. Similar .substantiation will be required if the Contractor is an MBE. if the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6.. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. if the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve . any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B °7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 81 Documentation required pursuant to the Special Provisions A -28 and A -29. concerning Considerations for Contract Award and Execution and the Contractor's Field Administr4tion Staff. Section A - SP (Revised 12/15%04) Paqe 14 of 30 9. Documentation as required by Special. Provision A- -35--K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of 'entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title(s) of individual (s) authorized to execute contracts on behalf of said entity. A -31 mod. RolieZ on tetra Work and Crders Under "General Provisions and Requirements for Municipal Constructlon Contracts" B -8-5 PoliSy on Extra Work and Chan Orders the present text is deleted-and replaced with the following Contractor acknowledges that the City haz for which a change order has not been Services or his designee. The Contractor may authorize change orders which do acknowledges that any change orders in an be approved by the City Council. no obligation to pay for any extra work signed by the Director of Engineering also acknowledges that the City Engineer of exceed $25,000.00. The Contractor amount in excess of $25,000.00 must also A-32 Amended "Execution of Contract" Reauirements Under "General Provisions and Requirements for Municipal. Construction Contracts" B -3--5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, ;until the date the City Engineer delivers the sired Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract.. Contractor is reminded to attend the Pre-Bid Meeti referred to in Provision A-1. A. -314 Precedence of Contract Doc=ont.s 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 Provision: and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General. Provisions, in that order. Section A - SP (Devised 12/15/04) Page 15 of 30 A. -35 Ci:t Water Facilities: Spemial € e iremQrts (NO'S' USED) Section A SP (Revised 12115104) Page 16 of 30 S OWN- Section A SP (Revised 12115104) Page 16 of 30 S - - - iY. mu Section A SP (Revised 12115104) Page 16 of 30 Any work to ee",ate based be only eystem mast perfeimed r ekanges? seleetlens, InstallAng, r _ debagglag, • r + r these epee- fteati -ans. NOW Section A - SP (Revised 12/16/49) Page 17 of 30 - a NOW - - -Ixa -- cc c ^ IN- Section A - SP (Revised 12/16/49) Page 17 of 30 A -36. Other Submittals (REVISED 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit four (4) each to the City Engineer or his designated representa.tive.� b. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the .end of this Section, and sequentially number each transmittal form. Resubmitta.ls must have the original submittal number with an alphabetic suffix;. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contkactor's Stamp: Contractor roust apply appropriately signed or initialed and dated by which certifies that review, verification o field dimensions, adjacent construction work, information, is all in accordance rtith the Project and Contract documents., Contractor's stamp, the Project Mann er, f Products required, and coordination of requirements of the e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer or his designate representative for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents- and any Product or system limitations which may be'detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal farms. Section A - sP (Pckvised 12/15/04) Page 1s of 30 I -Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The contractor mast 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 Report: when specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on- -site test , data within the specified time to the City Engineer for approval. Otherwise, .the .related equipment will not be approved for use on the project. 4. Testing Schedule: All testing, except retests (.includin .costs for 4 services) and tests lasted below sliall be paid for by.the City. Testing that will be coordinated and paid for by the Contractor is as follows: Type Specification No. Frectu enc Underwater pre-- n/a Prior to Concrete installation Repairs Inspection Underwater Yost- n/a After completion of all installation Concrete Repairs Inspection 5. Resubmittals: In the event that more than 5% of all submittals by the Contractor are required to be resubmitted die to incompleteness or errors, the Contractor shall reimburse the City for additional engineering services .required to process their submittals. A-37 Amended " t and qlarge for water n=nished by the Ci " (NOT U=) Under " yr r add the �EB4 ewlags A -38 Worker's Co ensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "I are incorporated by reference in this Special. Provision. A -39 Certificate of occia an e and Final Acr tance (NOT MED) Section A - SP (RevSLsed 12/15/04) Page 19 oil 30 Wift W-01- � c A -38 Worker's Co ensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "I are incorporated by reference in this Special. Provision. A -39 Certificate of occia an e and Final Acr tance (NOT MED) Section A - SP (RevSLsed 12/15/04) Page 19 oil 30 Section A. - 3P (Revised 12115 /04) Page 20 of 30 A -40 Amendment to Section B -8--6: Partial Hatimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Martial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non- - perishable materials delivered to the Project worksite unless the Contractor provides the city Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-..-41 Ozone Adviaory (NOT USED) must net be A -42 OSHA Rules & E201ationq It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City -- related projects and or jobs. A -43 Amended Indemnification & Mold Harmless (9/98) Cinder "General Provisions and Requirements for Municipal Construction Contracts" B -6 -2I Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or' any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subachtractor, supplier or materialman. A--44 Change Orders ( 4 /2 6/ 99 ) Should a change order(s) be required by the Engineer, Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (,wait prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by Contractor as a basis for the price of the change order. A -45 As-Built Dimensions and Drawings (7 /5100) . Section A - 8P (Remised 12/15/04) Page 21 of 30 (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 City with one set of direct prints, Marked with red °pencil, to show as- built dimensions and '.locations of all work constructed. As a minimum, the final drawings shall include the .following: (1) horizontal and vertical, dimensions due �o substitutions/field changes. (2) Changes in dimensions due to substitutions. (3) lr data . (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of R:Lg4l y Chlorinated Water (7/5/00) (NOT USED) A -47 Pre-Construction loraj; Excavations (7/5/00) (NOT USED) "WOMMORWON"'I _ a OWN W- z A -47 Pre-Construction loraj; Excavations (7/5/00) (NOT USED) Section A - SP (ateviaad 12115/04) Page 22 of 30 "WOMMORWON"'I _ a Section A - SP (ateviaad 12115/04) Page 22 of 30 - - -- - - - - - 2 ar 5 162NIIIIIIIII 111 .1 Rm� ZZ A -48 Overhead Electrical W.zres (7/5/00) Contractor shall comply with all ©Simi safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. Where are many overhead wares crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his weary with CP &L and inform CP &1 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 shorn in the plans or not. A -49 Amended "Maintenance Guaranty " (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -5.0 Soil-. Boring bogs and Geotechnica.l Information (NOT USED) A-51 Pavement Restoration and Proiect Clean It is the intent of the plans and specifications that any and all areas . within the limits of the proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to the start of construction. Where asphaltic pavements are excavated or damaged, .they shall be replaced with the same types and thicknesses of materials as the existing pavement unless otherwise noted. Where concrete pavements, sidewalks, curbs, etc., are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications available on file with the Department of Engineering Services unless 'specific details are provided on the drawings. If the excavated or damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure(s) unless specific details are provided on section A -- SP (Revised 12/15/04) Page 23 of 30 N an A-51 Pavement Restoration and Proiect Clean It is the intent of the plans and specifications that any and all areas . within the limits of the proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to the start of construction. Where asphaltic pavements are excavated or damaged, .they shall be replaced with the same types and thicknesses of materials as the existing pavement unless otherwise noted. Where concrete pavements, sidewalks, curbs, etc., are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications available on file with the Department of Engineering Services unless 'specific details are provided on the drawings. If the excavated or damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure(s) unless specific details are provided on section A -- SP (Revised 12/15/04) Page 23 of 30 the drawings. Restoration of all improvements as described above shall. be in accordance with applicable City standard specifications, as determined by the Engineer. All items or other grassed. areas, concrete or asphalt driveway, vegetation are disturbed by construction operations for the items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. The Contractor may. be required to perform "clean, ups" of the entire project or sections of the project during the course of construction, as directed by the Engineer. Upon, completion of construction, the Contractor shall, perform a final clean up of the entire project, again as directed by the Engineer. All site restoration and project clean -up shall be considered subsidiary to 'the various bid items, therefore no direct payment shall be made. A -52 .. Protection of the Job Sites Thc? Contractor shall be responsi'rsle for the protection of the job site. The Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the property of himself or any other person, as a result of his operations hereunder. Drawings and specifications as well as any additional information concerning the work to he performed shall not be interpreted as requiring or allowing Contractor to'deviate from the plans and specifications, the intent of such drawings, specifications, and any other such instructions being to define with particularity the agreement of the parties as' to the work the Contractor is. to perform. Contractor shall be fully and completely liable, at his own expense, for. design, construction, installation and use, or not- - use, of all items and methods incident performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, including, without limitation, the adequacy of all temporary supports, sharing, bracing, scaffolding, machinery or equipment, safety precautions or devices, and sirLi_lar items or devices used by him during construction. A -53 Basis of Delay Claims under "General Provisions and Requirements for Municipal Construction Contracts ", B -6--12 Contractor's Claim far H3ama es, acid the following: 'If the Contractor requests compensation for delay damages and the delay, is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: 1. Standblr Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than S far. of standby will be paid dosing a 24 -hr. day," nor more than 40 hr. per week, nor more than 176 hr. per month. Standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. Operating costs will not be allowed. 2. Project Overhead. Project overhead will be determined from actual casts that the Contractor will be required to document. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. Section A"- SP (Revised 12/15/04) Page 24 of 30 3. Home Office Overhead. The City will not compensate the Contractor for home office overhead." A -54 Hauling and Loads on Roadways and Structures Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the' limits of the work, including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor's operations. The City may allow equipment with oversize or non- divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor proposed changes to traffic control plans for approval. The Contractor shall refer to Special Provisions Paragraph A-50 for additional information and requirements regarding Traffic Control. during Construction." The following sections further address overweight allowances. The City will make available to the Contractor any available -plans.and material reports for existing structures. A. Cverwei ht Construction Traffic Crossin Structures. The City may allow crossing of a structure not open to the public within the work locations, when divisible or nor:- divisible loads exceed legal weight limitations, including limits for load- posted bridges. obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should. be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, -the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting doaumentatlon sufficiently in advance of the move to allow for review by the City. Permission may be granted if the City finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads wil-1 result to structures that will remain in use after Contract completion. Provide temporary . matting or ether protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. B. Construction Zqui2Lnent eratin on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before an Section A - SP (Ravir -ad 12%15/09) Page 25 of 20 operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review by the City. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted Loads on tires and outriggers for all planned movements, swings,. or boom reaches. The analysis -must demonstrate that no overstresses will occur in excess of those normally allowed for occasional, overweight loads. C. Rau vement Within the Work Locations. The City may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. A -55 Squipmant Rates for Extra Work Under "General Provisions and Requirements for Municipal Construction Contracts ", -8- Pa ent for Extra Fork, add the following text to paragraph (c) "Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An addit:on.al 15% will be paid as compensation for overhead and profit not included in the rates. `transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off -site location. If a rate has not been established for a particular piece of equipment in the Rental Rafe Blue Book, the City will allow a reasonable hourly rate, as agreed upon in-writing before work is begun. This price will include operating costs. The City reserves the right to withhold payment for low production: or lack of progress. 1. Contractor-Owned_ EgiApment. For Contractcr -owned machinery, trucks, power tools, or other equipment necessary for use on force account work, use the Rental Rate Blue Book as modified by the following to establish hourly rates. Use the rates in effect for each section of the Rental .Rate Blue Book at the time of use. Compute the hourly rates as follows: H = ( RlxR2)dl.?6 + OF where: H = Hourly Rate M = Monthly Rate R1 = Mate Adjustment Factor R2 = Regional .Adjustment factor OF = Operating Costs. Payment for equipment will be made for the actual hours used in, the work. Payment will not be .made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If. equipment is used intermittently while dedicated solely to the force account work, payment will be made for the duration the equipment is assigned to the work but no more than 8 hours per day. Seatiort .A - SP . (Revised 12/15/04) Page 26 of 30 2. Equi,prnent Not Owned by the Contractor. If equipment is rented exclusively for force account „work from a third party not owned by the Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The City reserves the right to limit the daily rate to comparable Rental Rate Blue- Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cast for each hour the equipment is operated will be added. A -56 Non City- Standard Sooalfications and Retails All references to "Department", "TxDOT ", or "Texas Department of Transportation" in 'the Technical Specifications or Construction Drawings shall be interpreted to mean "City of Corpus Christi.' A -57 Amended Prosecution and Proaress Under "General Provisions and Requirements for Municipal Construction Contracts ", B-7 Prosecution and.Progress, add the following: ""Funds are appropriated by the City, on a yearly basis.. If fends, 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 /xemobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Examination of Site Contractors should visit the site and be thoroughly familiar with job conditions prior to submitting a bid. Failure to give proper consideration to these conditions when preparing bids and /or entering a contract will not constitute grounds for additional compensation. A--59 Permits and laws A. Contractor shall comply with all federal, state and municipal Laws, rules regulations, and ordinances applicable to the work of this contract and .shall obtain and pay for all permits required in connection with the execution of the work. The City shall be furnished with certified copies of these permits if the City so requests. Refer to specification Section 01100, Permits, for City - obtained permits. B. If such laws, rules, regulations, or ordinances conflict with the contract documents, then such laws, rules, regulations, or ordinances shall govern instead of the contract documents, except in such cases where the contract documents exceed them in quality of materials or labor; then the contract documents shall be followed. A -60 Construction Site and Joie Conditions A. Supervision: Contractor's Superintendent shall be on 'site at all times that work is in progress. Contractor shall not allow any section A - SP (Revised 12115/04) Page 27 of 30 unsafe or unsanitary conditions to develop as a .result of Contractor's operations. B. Site Maintenance: Trash or debris shall not be allowed to accumulate on the site. Contractor shall clean the entire area of any latter resulting from Contractor`s operations on a daily basis. Contractor ,shall maintain the premises as clew, and presentable as good construction practices will allow at all times. C. Utilities: Water and electrical power will not be'furnished by City. Any temporary connections or appurtenances shall be provided! by Contractor at no cost to City and removed from the premises at the conclusion of the contract. D. Temporary_ Toilets.- Contractor shall provide and maintain in neat, sanitary condition toilets and other necessary accommodations for employees' use to comply with the regulations of the State Department of Health or other jurisdictions_ E. Fire Protection: Contractor shall take stringent precautions against fare. Open fires are not allowed. F. Rain Dams; The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction: was. such that 'there was an impact detrimental to the construction schedule. January Days May 4 Days September 7 pays February 3 Days June 4 Days October 4 Days March 2 Days duly 3 Days November 3 Days April 3 Days August 4 Days December 3 Days A -61 Protection of Public Contractor shall be .responsible for public safety at the construction site. All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by Contractor as needed. Contractor shall maintain security of the construction site. Contractor shall obtain pedestrian protection plans anal /or traffic control approvals from the local authorities having jurisdiction. A -62 Site Ph ical Data .Information furnished below is for Contractor's review. However, it is expressly understood that City .and Engineer are not responsible for any interpretation or conclusion drawn by the Contractor. City and Engineer are . also not responsible for any lack of information herein pertaining to physical condition's at the site. Contractor shall make every effort possible to .familiarize himself with and research the conditions to be expected at the site. A. Tidal Conditions: Under ordinary conditions, the tide range is about 2 ft. However, the tide elevation is largely dependent on the speed, direction, and duration of the wind. Strong winds may raise or lower the water surface more than 2 ft. section A ! Sit (Revised 12/15/04) Page 28 of 30 B. Marine Conditions: In addition to tidal fluctuations and currents mentioned herein, the water at the project site may at tunes be rough. Again, Contractor shall familiarize himself with the daily and ext-reTae conditions that aright be expected throughout the duration of this project. Impact and rework of partially completed work components shall not be just cause for increased compensation. C. Current: Strong tidal currents exist in and adjacent to. the project site, particularly within channels. D. Groundwater: Subsurface groundwater conditions and elevations may change. Changes in groundwater elevations shall not be just cause for-increased compensation. E. Surface Debris., Areas of Work may be cluttered with debris, trash, etc. washed ashore. Prier to commencement of the Work, Contractor shall remove debris from the footprint of all Work areas. Debris shall not be covered up, buried, plashed into adjacent areas, or incorporated into the earthwork of the project. Debris shall be hauled array from the project site and disposed of in accordance with applicable federal, state, and municipal lags, rules, regulations, and ordinances. A -63 Protection of Site A. Contractor is notified that construction will occur adjacent to active public recreational facilities, private property, and environmentally sensitive areas. Contractor is hereby notified that adverse Working conditions may exist, and. the necessary allowances and precautions shall be made to avoid damaging public and private property and sensitive vegetation. Unauthorized damage to any .existing utilities, building facilities, structures, or plant life shall be repaired by Contractor at no expense to City. S. Utility locations have not been field verified. Pipelines and /or other existing underground installations and structures in the vicinity of the Work may be present. Contractor .shall make every effort to locate all underground obstacles and/or pipelines by prospecting in advance of all trench excavation. any damage to pipelines, including any resulting environmental contamination, caused by the construction activities shall be repaired /cleaned -up by Contractor. Any delay or extra cost to Contractor shall not constitute a claim for extra work, additional payment, or damages, C. Contractor shall protect all vegetation adjacent to and within the construction site. If Contractor's Fork will require removal of vegetation, Contractor shall obtain approval of City prior to removal. Contractor shall be held liable for removal of vegetation without City's prior approval. D. The plans show the locations of known surface structures pertinent to the Work. - The .locations of surface and subsurface features shorn on the plans are not exact. In the case of underground or underwater obstructions such as existing water, sewer, storm sewer, gas, electrical lines, paling, debris, rocks, or partial structures that are not shown on the plans, their location is not guaranteed. The City asses no responsibility for failure to show any or all these structures on the plans or to show them in their exact location. Failure to show will not be considered sufficient basis for claims for Section A - SP (Revised 12/15/04) Page 29 of 30 additional compensation for extra Work in any manner whatsoever unless the obstruction encountered is such as to necessitate substantial changes in the lanes or grades or requires the building of special Work for which no provision is made. Minor changes and variations of the Work specified .and shown on the plans shall be expected key Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning Work or improvement. A-64 Mis pl a d Material Should Contractor, during the progress of the construction, lose, dump, throw overboard, sink, or misplace any material, plant, machinery or appliance, which in the opinion of engineer may be.dangerous to or obstruct navigation, or pose a safety risk for public recreational activity in an around the water, Contractor shall recover and remove the same with the utmost dispatch. Contractor shall give immediate notice, Frith description and location of such obstructions, until the same are removed. Should Contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by City, and the cost of such removal may be deducted from any money due or to become due to Contractor, or may be recovered under his bond. The. liability of -Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 -of the Rivers and Harbors Act of March 3, 1899 (33 U.S.0 410 et seq). A -65 sizaaa Lights Contractor shall display signal lights and conduct his operations in strict accordance with the general regulations of the Department of the.U.S..Army and the U.S. Coast Guard. These general regulations govern lights and day signals on towing vessels. with tows, Vessels working on wrecks, dredges, vessels engaged in laying cables or pipe, dredge- pipelines, vessels of more than 65 feet in length.moored or anchored in a fairway or channel, and floating plant working in navigable channels, as set forth in. Commandant U.S. Cast ward: Instruction M16672.2, Navigation Rules: international - Inland (COMD`IINS`f M16672.2) or 33CE"Rel Appendix A -(International) and 33 VFR 84 through 69 (inland) as applicable. A -66 Vessel Traffic Contractor shall conduct the Work in such a. manner as to endanger counercial and recreational navigation as little as possible. Contractor shall visit the site prior to submitting bids and inform himself as to the conditions to be expected. Upon the completion of the work, Contractor shall promptly remove his plant incl- uding ranges, buoys, piles, other markers and /or temporary structures placed by him under the contract. . 6eatlon A - SP (Rav:Lsed 12/15/04) Page 30 of 30 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 29TH 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 Structural Concrete Systems, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $515,256.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 (TOTAL BASE BID: $515,256.50) 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 -11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (1 D) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: CN� City Secretary APPROVED AS TO LEGAL FORM: By: IVOA Asst. City Attorney ATTEST: (If Corporation) CITY OF CORPUS CHRISTI By-.. Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation. By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Structural Concrete Systems, LLC . V-A K /'.�i I H-\ By: (Seal Below). (Note. if Person signing for corporation is not President, attach copy of authorization to sign) Tit 20 (Al Mag_nolla, TX 77355 (City) (State) (ZIP) 281158.3 -7776 * 2811583 -0110 (Phone) (Fax) Page 3 of 3 Rev. Sun -2010 srs� to Iry AU HIUPA-f.� IT C"CIL SfrCil�'fFM.(' P R0 P 0 8 AL F 0RM F0 R BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 DEPARTMENT OF ENGINEERING CERVICES CITY OF CORPUS CMISTI, 'RXAS Proposal Form Page I of 7 P R 0 P 0 9 A L Place' Montgomery County, Texas Date : November 13, 2012 Proposal of Structural Concrete Systems LLC a limited liability company a -� r-a4l-on organized and existing under the laws of the State of Texas a Partnership or Individual doing business as TO, The City Of C"PUB Christi, Texas Gentlemen The undersigned hereby proposes to furnish all Labor and materials., tools, and necessary equipment, and to perform the work required for; BAYFRONT SEAWALL REPAIRS PROJECT NO, E91090 at the locations set cant by the plans and speQjf:.catiQrts and in strict: accordance with the contract documents for the fol lowing prices, ta- xvat: f fopanj Form Page 2 of 7 BAYFRONT SEAWALL REPAIRS - 2012 PROJECT NO. E118So PANT A -GENERAL BASE BID f 11 Ill IV V Blq BI131'I'� ITEM QTY & UNIT UNIT PRICE 1N EXT`EtiSI N A -1 1 A -2 1002 A-3 245 A-4 58 A-6 47 A-6 79 A7 i A_8 1 A-9 f A10 g A-1 1 9 11roposa4 Rolm Rage 3 of 7 DESCRIPTION FIGURES Wry X UNrr PRICE IN FIGURES LS MOSILIZATION/DEMOBILIZATION carltplete and in place per LUMP SUM x422,000.00 s42,000.00 See Note 2 LF TYPE 'I CRACK REPAIR (Route & l), c(stplete and in place per $ — -- 5.75 $5761.50 LINEAR FOOT 51 TYPE A SPALL. REPAIR (Above Water), complete and In plate per s--?45-00 $505.00 SQUARE INCH SF TYPE B SPALL REPAIR (Below Water), complete and in place per $ $45�-Q0 s4901 Q, }{j 0. SQUARE FOOT ".,_ SF TYPE A OVERLAY REPAID (Above Water), COMPlete and In place per $ _- 00 $ 3" 55225.00 SQUARE FOOT SF TYPE B OVERLAY REPAIR (Below WSWO, complete and In place per s1 2� 50.0 X98 750.00 SQUARE FOOT. CF WASHOUT REPAIR, wrnplete and in Place per CUBIC FOOT, g 130 ©Q �- --- _. $ 0.00 EA REMOVAL OF EXISTING TIMBER PILE, per EACH, s . 35000 $ 2 0.06 EA PROTECTIVE PfLE, Complete and In Place per EACH $25 $1 -- &--5.0 5.00 s25675.00 EA CONCRETE BOX TOPS, complete and in plane per EACH 5 $ _, , 7 Z -� 50. 0 x46, 000.00 EA FRONT WALL CHECK VALVES, complete and in place per EACH �s2 750 00 $24i %$�.00 11roposa4 Rolm Rage 3 of 7 A-12 1 EA FIRP GUARDRAiL, complete and in $ 3 0 Place per EACH � 31250.00 A -13 1111 EA EXPANSION JOINT REPAIR, complete s $_� OQ and In place per EACH $3,0 A -14 1 LS TIMBER FENDERS, complete and in Place per LUMP SUm $ _ _,,, $ 50 0 $--785.0( A-15 1 LS TEMPORARY TRAFFIC CONTROL s6950.00 950.00 complete and In Places per LUMP SUM —' $0�0. Provide an allowance for the LS SIDEWALK. REPLACEMENT on the -16 1 Alkwande Lawyer" St.T -Head as directed by the $26, D0 City, cOmPlete and in Place per LUMP' $25,()00 SUM. See Note 4 Provide an allowance for the A-17 1 LS UNANTICIPATED UTIUTY WORK as Allowance directed by the City, cOMPiete and in $40, Goo $40,000 blare per LUMP SUM. (See note 4) BASE BW {hems A.1 thru A•17). s5152565 0 l� TOTAL, BASE BID, S 515, 256.50 (1) Wit Prices are for dpi wos and jn&de aw costs of mateftba labor, pmf overhead. and subsidiary crosts. (2) The Price for tfAob kahordbetnobfl Mtlon shall 1101 ex00ed 10% of the Total Base Bid amount. (3) Crack spar overlay and wand the ' igiq not are idfored, There Is no guarantee that the quaniifts shown for these kerns wtq be (4) This � not a Work uaren t1 rtion�the t ri paid fcx. portion cWttract. Proposal Farm Page 4 of 7 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 1�ond (as required) for the faithful performance of this contract and a Payment Band (as required) to insure payment for all ,labor and materials. The bid bond attached to this proposal, in the amount of 5t -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. Xinority /Xinority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be Performed and its dollar value for bid evaluation purpose, Number of Signed sets of Documents: The contract and all bands will be prepared in not less than four counterpart (original sighed) sets. Time of Completi,ont The undersigned agrees to complete the work within the calendar day times indicated below following the date designated by a Work order: Base Bid Time is 90 Calendar Da s. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth, Receipt of the following addenda is acknowledged (addenda number) : Addendum No 1 (SEAL - IF BIDDER IS a Corporation) NOTE, Do ant detach bid from Other papers. Fill in with ink and submit complete with attached papers_ Proposal Form Page 5 of 7 (Revised Augu$ t 20001 Respectfully submitted: z".. Name: Michele DiBas 'e By ` <ro 0 - TONATMM) Addxess : 2081 0 Im erial Oak Drive. >Ikb 11 ..� � (P.o. Box) (Street) Magnolia %Texas 77355 (City) (state) - (zip) Telephone: 281-583-7776 NOTE, Do ant detach bid from Other papers. Fill in with ink and submit complete with attached papers_ Proposal Form Page 5 of 7 (Revised Augu$ t 20001 PAYMENT BOND STATE OF TEXAS BOND No. 70095662 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Structural Concrete Systems, LLC_ of the City of Magnolia , County of Montgomery, and State of Texas, as principal ( "Principal "), and The Guarantee Company of North America LISA 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 FIVE HUNDRED FIFTEEN THOUSAND, TWO HUNDRED FIFTY -SIX AND 501100 U.S. Dollars ($ 315,266.50 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 29TH 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: BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 (TOTAL BASE BID. $515,256.50) 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 j' Z 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 15th day of February 2013, PRINCIPAL Structural Concrete Systems, LLC By: Title: ATTEST- Secretary Address: 20810 Imperial Drive Magnolia, TX 77355 SURETY Address: 12600 Northborough Suite 190 Houston, TX 77067 Telephone: (632) 446 -3350 Fax-.— (832) 446 -6339 E -Mall_ JViktorinagcna.com Rev. Date May 2011 Payment Bond Page 2 of 3 Name: Mary Ellen Moore Agency: Swantner & Gordon Insurance Agency, LLC Address: 500 North Shoreline Dr., Ste. 1200 (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) (State) (Zip) Telephone: (361) 883 -1711 E -Mail: MMoore @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. hate May 2011 Payment Bond Page 3 of 3 STATE OF TEXAS § BOND No. 70095662 COUNTY OFNUECES § KNOW ALL BY THESE PRESENTS: That Structural Concrete S s #ems LLC of the City of Magnolia ,County of Morfto iornery, and State of Texas , as principal ( "Principal "), and The guarantee Company of Borth America USA 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 FIVE HUNDRED FIFTEEN THOUSAND, TWO HUNDRED FIFTY -SIX AND 100 U.S. Dollars ($ 515,256.50 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 29TH 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: BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 (TOTAL BASE BID: $515,256.50) 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 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. Gate 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 15th day of February 2011 PRINCIPAL SURETY The Guarant ny of North Structural Concrete SystemS, LLC America U B M ��� �~ y� � ` B y= Attorney -in- ct Kevin m q-u n Title:��� ATTEST: 49 01FRIEW Secretary Address: 20810 Imperial Drive Address:12600 Northborcugh Magnolia, TX 77355 Suite 190 Houston, TX 77067 Telephone: (832) 446 -3350 Fax: (832) 446 -6339 E -Mall: JViktorin @gcna . com (Rev. Date May 2011) Performance Bond Page 2 of 3 Name: Mary Ellen Moore Agency: Swantner & Gordon Insurance Agency, LLC Address: 500 North Shoreline Dr., Ste. 1200 (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) (State) (Zip) Telephone: (361) 883 -1711 E -Mail: MMoore@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 Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 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 Scott D..Chapman, Kevin McQualn, Rhesa F. Boulton Justin McQuain, Rosalyn D. Hassell, Maxine ElaineLevis, Martha S11vas AG STATES AGENCY 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 316t 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 Attomey(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, if 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. A_ 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. GO,., THE GUARANTEE COMPANY OF NORTH AMERICA USA pM�P STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randa -usse ecretary 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. 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. �"rF�cb IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said parry this r +hday of ;7E6yv-0rj andal usselm , 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: 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: lnfo@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: Cons umerProtection @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 pars 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 information o para someter una queja al: 1- 866 - 328 -4567 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: Info0_gcna.com Fax: 248- 750 -0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companies, coberturas, derechos o quejas al: 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: http: / /www.tdi.state.tx.us E -mail: Con sumerP rotection@td i.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 deparamento (TD 1). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adj unto. C50083 Texas Consumer Notice 1 of 1 12/2/2009 PLEASE NOTE:. AS PER GENERAL PROVISION B -3 -4 OF THE CONTRACT DOCUMENTS CONTRACTOR SHALL SUBMIT EITHER A WET POWER OF ATTORNEY AS REQUIRED, OR A CERTIFICATION OF POWER-OF ATTORNEY MUST BE FILLED OUT, SIGNED. BY AN OFFICER OF THE SURETY AND NOTARIZED STATE OF TEXAS COUNTY OF NUECES 0 KNOW ALL BY THESE PRESENTS: BOND No. That Structural Concrete Systems, LLC of the City of Maqnolia , County of Montgomery, and State of Texas, 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 FIVE HUNDRED FIFTEEN THOUSAND, TWO HUNDRED FIFTY -SIX AND 50/100 U.S. Dollars ($515,256.50 „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 29TH 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: BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 (TOTAL BASE BID, $515,256.50) 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 fie 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 Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END PLEASE NOTE; AS PER SPECIAL PROVISION A -24 OF THE CONTRACT DOCUMENTS SURETY MUST DESIGNATE A LOCAL RESIDENT AGENT IN NUECES COILIM NO EXCEPTIONS Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BONA STATE OF TEXAS BOND No. COUNTY OFNUECES § KNOW ALL BY THESE PRESENTS: That Structural Concrete Systems, LLC of the City of Magnolia , County of Monto Omer , and State of Texas , 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 "), in the penal sum of _FIVE RED FIFTEEN THOUSAND, TWO HUNDRED FIFTY -SIX AND 501100 _ , OUS„__ U.S. Dollars ( 5'15 256.50 U.S.' ) to be paid in Nueces County, Texas, for the payment of which sum well and truly to b 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 29TH 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: BAYFRONT SEAWALL REPAIRS PROJECT NO. E11090 (TOTAL BASE BID: $515,256.50) 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 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. bate 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 1 (Rev. Date May 2011) Performance Bond Page 3 of 3 City of PURCHMMarnsrox Cffy OF CORPUS CmIgn DISCLOSURE OF INTEREST City of Carpus Christi OrdinMce 17112, as amend Cit�r to provide the following in�c�rmatian. Every �' requires all persons ar fitrns seeking to do business with the answer with "NA . See reverse side far 1 &g Rq question mast be answered. If the question is not applicable, g Requirernettts, Certifications and def�ttitiOns. com PANY NAM: Structural Concrete S stems, LLC P. a. WX: NIA 3 S " ET A -DORY : 20810 Imperial Oak Drive CI'1Y ZIP: Magnolia 77355 r FIRM Is., I. Co rporation ❑ 2. I'arfnership ❑ �-- ---- �`—..- .. Sole Owne 01 r 4. Association ❑ S. C?ther 3 ;6 Limited Liabiltty Gom an DISCLOSURE QUESTIONS If additional space is nee rY, please use the reverse side of this page or attach separate sheet. d . State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constitution a or more ofthe ownership in the above named g3fo No earrte 1)b Title and City Department (if known) 2. State the norms of each "Official" of the City If Corpm Christi ijavigg as "ownership interest" constitu ' 4� more Of the Ownership in the above named "fum." ting 3 /n or None Title 3. State the names Of each "board member of the Ci of C - constito#ittg 310 or more Of the ownership in the above named "fmn.'us Christi having an 4 townersh- — m p intczest' Name None Board, commission or Committee . State the names of each employee or officer of a ` °consultant" for the City of Corpus christi who worked _.._.. matter related to the subject of this confraet and has an "ownershi - m wed ownership in the above named l`i`mn." p interest' constituting 3% or more of the Name None Consultant proposal Form Wage 6 of 7 If a person who�q bests official action on a knows that action will corder an economic an any City a ciar or uployee that is distinguishable from the effect that the action will have I o be or a substantial se gan members f� benefit the Irtiatterur body that has been ret{u�ested to a e matter unless thct iut rest of a City tm to the City ° pP The disclosure shall also be made in a. signed Vn itin lo ee ' 0tdinance Seaton 2 -349 (d)] g Bled with the City secretary. ethics 1 certify that all.i Of BAY in provided is true a� comet as of t& date of this statement; that I have not knowin withheld disc}ostrre of and+ ittfotmation Wed; � that supplement statet�rents will be promptly sr�b ' W:Iu o die City *f Carpus Christy, Texas as changes Certi"gPer on: Michele DiBassie cr,r� Title: Member Signature of CertioIng Person: >r �, Date: -November 13. 2012 a- "Hoard member." A member of any board, craEnnr]ssion, City of Carpus Christi, Texas. or committee appointed by the City Counr l of the b. "Ecotromic benefit". An action that is #iicely to affect an economic interest if it is rely to have an effect on interest that is distinguishable from its effect on rnerribers of the public in general or a substantial se that thereof, segment co "Employee." Any person employed by the City of Corpus Chri sti, Texas either on a full or part -time basis but not as an indepenent contractor. d & "Fig." Any entity operated for economic gah, whether professional, industrial or co "tablishetl to produce or deal with a proiuct or service, including but not limited t4 entities o� and whether forth of sine proprietorship, as self -tarn to ed Operated in the venture, receivership or p y lemon, partnership, corporation, joint stock co P trust, and entities which for purposes of taxation are treated as non profit organizations. joint e• "Uif►cia1." ifie Mayor, members of the City Council, City M Deputy city Manager, Managers, Depar't'ment and Nvision Heads, and Municipal Court .7udg srof the City of Corpus Christi, Texas f "Ownership Interest." Legal or equitable interests whether actually or constructively held, in a when such interest is hold through an agent, trust, estate, or holding entity. `�otrs holdings or control established tJarough voting trusts, proxies, or special terms of venture efer t trued Lure held" refers to ageem�ts." tore or laartnership "Consultant." Any person or firm, such as enginee=rs and architects, hired by the City of Corpus Christi for Purpose of professional consultation and recommendatiozi. the Pero $ai Form Page 7 of 7 �� ®R® CERTIFICATE OF LIABILITY INSURANCE STRUG22 OP ID- GL DATE (MMIDDAIYYy) 0212711 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING: INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 281.651 -0002 Else & Associates 297�51H- 45North Bldg 281- 350 -0281 Raring, D. Thayer Rachel D. Thayer CONTACT /� NAME: Gay Lyrin VO55, Account Manager A"cNN E,�;281 -651 -0002 Fax A+c No 281 ti350 -0281 ggoss else a enc com y g y INSURER(S) AFFORDING COVERAGE NAIC # POLICY EXP MMIDDIYYYY INSURER A: MSA Insurance Company 11066 INSURED Structural Concrete Systems LLC 20810 Imperial Oak Dr. INSURER B: Texas Mutual Insurance Co. 22945 INSURER c :American States Insurance Co. 19704 INSURER D: Lloyds Underwriters EACH OCCURRENCE Magnolia, TX 77355 INSURER E : X COMM ERCtAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X CG 0001 01196 X INSURER F: MOJ 00594 - COVERAGES CERTIFICATE NUMBER: Rr-VISICIN uIIMRIZ-R• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSU CE L U POLICY NUMBER POLICY EFF MWDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMM ERCtAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR X CG 0001 01196 X X MOJ 00594 03107/12 03!07113 - PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 6r00 PERSONAL & ADV INJURY $ 11000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO LOC PRODUCTS - COMPIOP AGG $ 2,000,00 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HI REDAUTOS X AUTOS NON-OWNED AUTOS X X 01 -CI- 539872 -2 03/07/12 03107!13 Ea aBINED SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ IR BODILY INJURY (PeraccidenS) $ PROPERTY DA_ AGE per accident - $ $ A UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE X X MOJ 00595 03107112 03107113 EACH OCCURRENCE $ 51000,040 X AGGREGATE $ 1$1000,00 DEC I X RETENTION $ 10000 $ 13 WORKERS COMPENSATION AND EMPLOYERS' LfABILfTY Y'1 N ANY PROPRIETORIPARTNERI£XECUTIVE OFFICEWMEMBER EXCLUDE67 ❑ (Mandatory in and If yes, describe under NIA TSF0001128569 INCLUDES USL &H - 03107/12 031071 f 3 „11{{[[/ WC STATU- OTH- X TORY LIMITS T EL EACH ACCIDENT $ X1,800,00 E.L. DISEASE-EA EMPLOYEE $ 1 000,00 r E.L. DISEASE - POLICY OMIT $ 1,000,00 DESCRIPTION OF OPERATIONS bell D Maritime Emp Liab TRC- 405012 f D2111113 02111114 CSL 11000,00 d Deductib1 2,50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 104, Additiogal Remarks Schedule, if more space is required). Project: #E11090 Bay£ront Seawall Repairs V TE HOLDER CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of ,Engineering SerV ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Contract Administrator P.O. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi„ TX 78469 -9277 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER. MOJ00594 COMMERCIAL GENERAL_ LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS = AUTOMATIC. STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies. insurance provided under the followlrrg; d COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11- Who Is An Insured is amended to include as an additlonei insured any person or or- ganizatlon for whom you are performing operations when you and such person or organization have agreed in writing in 0 contract or agreement that such person or organization be added as an addi- tional insured on your policy, Such person or or. ganization Is an addittenal insured only with re- spect to NeWlity for "bodily injury", "property damage" or "persaaal and advertising injury" caused, In whole or In pit, by. 1. Your acts or omissions; or 2. The acts or emissions of those acting on your behalf, In the performance of your ongoing operations for the additional insured, A person's or organizatiWs status as an additional insured under this endorsement ends when your operations for that additional insured' are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily Injury', "property damage" or "personal and advertsing Injury" arising out of the render- ing of, or the faliure to render, any professional architectural, engineering or surveying ser. vices, including: a. The preparing, approving, or failing to pre. pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifiea- tions; or b. Supervisory, Inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operaallons has been completed; or b. That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or mAx=tmc. for engaged In performing operations for a prindipai as a part of the same project. CG 20 33 07 04 0 180 Properties, Inc., 2004 Page 1 of 1 p ®f.iClf f+It1BABER: MQJ00594 COMMERCIAL GENMkL LIAEOLrry OG 24 0410 93 'T'HIS.ENDQIRSEMENT CHANGES THE POUCY, PLEASE READ IT CAFMLLY. WAIVERDF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsemek modifies.insuranee provided under the following: COMM EROIAL GEN ML LIABILITY COVEPAGE PART. SCHEDULE Name of Person or DrgeOMIon: Blanket As Required By Written Contract (if no entry appears above. Information required to complete this endorsement will be shown In the Deciara. Was as eppNcable to this endorsement.) The TRANSFER OF RIGMS OF RECOVEW AGAINST OTHERS TO us Condition (Section IV - OOMMSt+, CIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive 2ny right of recovery we may have against the person or organization shown in the Schedule above beCuse at payments we make for injury or damage arising out of your ongoing operations or "your worm' done under a contraw with that person or organization and Included In the "products- compiatea operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Ina, 1992 z °OREf.'EON7EDRWMTHEARCHIVE, -Mee It3Wkt &W8KT16NMhVWWWAUDMONALFORMS • "' POLICY NUMBER. 01.CI5398722 COMMERCIAL AUTO CA 7110 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modes 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 modified by the endorsement EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition Is replaced by the following: b. 60 days before the effective date of cancellation It we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO -- PHYSICAL. DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE'E4UIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 9 — COVERED AUTOS, the following Is added: If Physical Damage coverage is provided by this Cow erage Form, than you have coverage for: Any °auto" you do not own while used with the per- mission of its owner as 'a temporary substitute for a covered Otulo" you own. that is out of service be- cause of its breakdown, repair, servicing, 'loss" or destruction. BROAD FORM NAMED INSURED SECTION II -- LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the Polley period provided you own 50% or more of t#ie business entity and the business entity is not separately. insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end Of the policy period. ,,,/BLANKET ADDITIONAL INSURED SECTION 11 — LIABILITY COVERAGE -- A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or . organization for whom you are re- quired by an ' insured contract" to provide insur ante is an "insured ", subject to the following additional provisions: (1) The Insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed. prlor to the 'bodily Injury" or "property darnage (2) This person or organization is an Insured - only to the extent you are liable due to your ongoing operations for that Insured, whether the work Is perfonned by you or for you, and only to the extent you are held liable for an "acoident" occurring while a covered "auto" Is being driven by you or one of your ern. ployees. (3) There is no coverage provided to this person or organization for "bodily lNury" to its em- ployees. nor for aproperty damage" to its properly. (4) Coverage for this person or organization shall be limited to the extent of your neglll- gence or fault according to the appllcebte principles of comparative negligence or fault. (5) The defense of any Bairn or "$tilt" must be tendered by this person or organization as -. soon as practicable to all other Insurers which potentially provide insurance for such claim or "suit ". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insumnoe Services Office, Inc., 1997 CA 71 10 03 07 pop 1 of 8 EP Texas ® WORKERS' COMPENSATION AND EMPLOYERS 1 ut LIABILITY INSURANCE POLICY Insuranoecompany TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 . 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. aox 9277 CONTRACT ADMINISTRATOR V CORPUS CHRISTI, TX 78469 -9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to prEparation of the policy.) This endorsement, effective on I February 1 1 , 2013 at 12:01 A.M. standard time, forms a park of Policy No. TSF- 0001126569 20120307 of the Texas Mutual Insurance Company Issued to STRUCTURAL CONCRETE SYSTEMS LLC Endorsement No. 2 Premium $ 0,00 e--el WC420601 (ED. 1-94) INSURED'S COPY Authorized Representative WASENDRS 2 -11 -2013