HomeMy WebLinkAboutC2013-344 - 10/15/2013 - Approved . 2013-344
' 10/15/13
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M2013-158
A.Ortiz Construction & Paving
G E N E R A L P R O V I 'S I 0
S P E C I A L P R O V I S I O N S
S P E C I F I C A T I O N S
A N' D
FORMS OF C ONTRA 'C TS AND BONDS
1
F O R
LIFECYCLE CURB & GUTTER
REPLACEMENT PROJECT E-12143
FY 2013
Prepared by:
Felix H. Ocanas Jr. P.E.
ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES
DBA ECMS, LLC'
ro Reg.No. F-3899
5001 Oakmont Drive OF
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Corpus Christi; Texas 78413 S'��;.••• ..;�iJ�, ��
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Fax: 361/906-2477
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FOR
STORM WATER DEPARTMENT
CITY OF CORPUS CHRISTI, ,:TEXAS
Phone: 361/826-1881
Fax: 361/826-1889'
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PROJECT NO E12143
DRAWING NO:
QTR 88
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT #Z12143 - FY 2013
TABLE OF CONTENTS
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 7/5/00)
Worker's Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 Items to be submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-11 Cooperation with Public Agencies (Revised 7/5/00)
A-12 Maintenance of Services
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
A-15 Excavation and Removals
A-16 Disposal/Salvage of Materials
efl.ee---ef- Genet-r-a—_4 (Not Used)
A-19 Construction Project Layout and Control
A-20 Testing and Certification
--Z---4-- 04--— IA?—.S. f I——-3%
A-22 Minority/Minority Business Enterprise Participation Policy
(Revised 10/98)
e4-44&Aw-(Not Used)
A-24 Surety Bonds
x E x empt-1 -- 1,10 T e RW76R-AEP-11GABL9 (6/11/98) (Not Used)
A-26 Supplemental Insurance Requirements
(Not Used)
A-28 Considerations for Contract Award and Execution
A-29 Contractor's Field Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A-31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
(Not Used)
A-36 Other Submittals (Revised 9/18/00)
A-37 Amee4edl.
(Not Used)
A-38 Worker's Compensation Coverage for Building or Construction
Projects for Government Entities (Not Used)
A-40 Amendment to Section B-8-6-. Partial Estimates
A-41 ozone Advisory
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
A-48 Overhead Electrical Wires ws/oo)
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Supplemental Time: of Completion/Liquidated Damages
A-51 Estimated Quantities - Curb and Gutter
A-52 Lists of Specific Locations- Curb and Gutter
A-53 Geographic Area and Locations - Curb & Gutter
A-54 Pavement Repair
A-55 Backfilling Behind New Curbing
A-56 Curb and Gutter Cutting and Doweling
A-57 Site Sequencing and Maintenance
A-58 Saw Cutting Existing Concrete and/or Asphalt
A-59 ADA Compliance
A-60 Sidewalks and Driveways
A-61 Concrete Curb and Gutter
A-62 Standard Specifications
A-63 Construction Drawings
A-64 Amended "Prosecution and Progress"
PART B - GENERAL PROVISIONS
PART C - FEDEPAL WAGE RATES AND REQUIREMENTS (SP A-10)
PART S - STANDARD SPECIFICATIONS
025205 - Pavement Repair, Curb, Gutter, Sidewalk & Driveway
Replacement (S-54)
025404 - Asphalts, Oils, and Emulsions (S-29)
025412 - Prime Coat (S-30)
025424 - Hot Mix Asphalt Concrete Pavement (Class A) (S-34)
025610 - Concrete Curb and Gutter (S-52)
025612 - Concrete Sidewalks and Driveways (S-
r l (S-40)
032020 - Reinforcing Steel (S-42)
038000 - Concrete Structures (S-41)
097020 - Exposed Aggregate Finish for Concrete Sidewalks (S-51)
2
PART T - TECHNICAL SPECIFICATIONS
T1- Spec. 025223 - Crushed Limestone Flexible Base
LIST OF DRAWING SHEETS
COVER SHEET, LEGEND, NOTES & BID SCHEDULE
Sheet 1 - Title Sheet, Vicinity Map and Sheet Index
Sheet 2 - Legend and Abbreviations
Sheet 3 - General Notes
Sheet 4 - Bid Schedule
CURB AND GUTTER, SIDEWALK AND DRIVEWAY DETAILS
Sheet 5 - Curb, Gutter, and Sidewalk Details
Sheet 6 - Standard Driveway Details
Sheet 7 - Standard Driveway Details
CURB RAMP STANDARDS
Sheet 8 - Curb Ramp Standards
Sheet 9 - Curb Ramp Standards
Sheet 10 - Curb Ramp Standards
Sheet 11 - Curb Ramp Standards
REFERENCES - TRAFFIC CONTROL PLANS
Sheets 12 thru 23 - Typical Application Traffic Control Details
NOTICE
AGREEMENT
PROPOSAL / DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
3
�m�i
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT E-12143 — FY 2013
Notice to Bidders
,m
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
LIFECYCLE CURB AND CUTTER REPIACM4M PROJECT E-22143 NY-2013; This project is an
Indefinite Delivery Indefinite Quantity (IDIQ) contract for the removal and
replacement of approximately 7,000 linear feet of concrete curb and gutter; 6,200
square feet of driveway approaches; 2,000 square feet of sidewalks;3,400 square
yards of pavement repair and 400 square feet of ADA curb ramps. The work will be
performed at various locations throughout the City with detailed Delivery Orders
issued providing the actual location, scope and price based on the contractor's
proposed unit pricing. The contract will have a base performance period of one
year.
All work will be in accordance with plans, specifications and contract documents;
bids will be received at the office of the City Secretary until
?2LOO P.m.-L on Wedneadav, .Amnt 21, 2013, and then publicly opened and read. Any
bid received after closing time will be returned unopened.
There will be ,a_12re-bid meeting on TusadW2, AuqM9t 13 2013 at 10.*00 a.m. at the
En Services Conference Room, Ym Floor Ci!pE Hall, 1201 E2Mazd St=r=se=t
CoEpuz__,Cbrinti, Texas. All quest:Lons nhall be submitted in wrltina o the
consultant !2y,noon on wednesSLayj Au at 14, 2013.
A bid bond in the amount of 5% of the highest amount bid must accompany each
proposal. Failure to provide the bid bond will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance and
payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid
on 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 FiEl and-no 00 Dollars ( ) as a
guarantee of their return in good condition within two weeks of bid date.
Documents can be obtained by it upon receipt of an additional which is a
non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates which
prevail in the locality in which this work is to be done and that such wage scale
is set out in the contract documents obtainable at the office of the City Engineer
and the Contractor shall pay not less than the wage rates so shown for each craft
or type of "laborer, " "workman," or "mechanic" employed on this project.
The City reserves the might 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
Isl Dan Biles, P.E.
Director of Engineering Services
Isl Armando Chapa
City Secretary
Revised 7/5/00
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT E-12143 — FY 2013
Notice to Contractors-A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March 2009
A Certificate of insurance indicating proof of coverage
in the following amounts is required:
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates Bodily Injury and Properly Damage
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises-Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
6. Hazard
7. Contractual Insurance
S. Broad Form Property Damage
9. Independent Contractors
10. Personal Injury
AUTOMOBILE LIABILITY—OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH 11 OF
THIS EXHIBIT
EMPLOYERS' LIABILITY s500,000
EXCESS LIABILITY S1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE REQUIRED
Not limited to sudden&accidental discharge;to include X NOT REQUIRED
long-tern environmental impact for the disposal of
contaminants
BUILD ERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
El REQUIRED
X NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance
Requirements
REQUIRED
X NOT REQUIRED
Page I of 2
El The Clty of Corpus Christi must be named as an additional Insured on all coverages except worhees
compensation liability coverage.
X The name of the project must be listed under"description ofoperations"on each certificate of insurance.
X For each insurance coverage,the Contractor shall obtain an endorsement to the applicable insurance policy,
signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material
change on any coverage, The Contractor shall provide to the City the other endorsements to insurance policies or
coverages which am specifled in section -&I I or Special Provisions section of the contract.
A completed"Disclosure of Interest"must be submitted with your proposal.
Should you have any questions regarding Insurance requirements,please contact the Contract Adndnis raror at
88OL-3500.
Page 2 of 2
NOTICE TO CONTRACTORS -- 8
WORKER'S COMPENSATION INSURANCE
REQv= S
Page 1 of 1 I
odl
ZTTE B2 INSURANCE
PART2 TEXAS DEPARThMNT OF INSURANCE, DIVISION
WORKERSTOMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
S
10.110 Reporting R4quirements for Building or o
Projetts for Govemmenbd Entities
(a)The following words and terms,when used in this rule,shall have the following meanings,
unless the context clearly indicates otherwise, in this nde shall have the
meaning defined in the Term Labor Code,if so de
(1)Certificate of coverage(cerdficate)—A copy of certificate of insurance,a certificate of
authority to lf--'" by the commission,or a workers!compcoriation coverage
agreement(TWCC-8 1, CC-82, CC-83,or CC- ),showing statutory workers'
compensation insurance coverage for the perso&s or entity's employees(including those subject
to a coverage agreement)providing °c on a project,for the duration of a project.
(2)Building or construction—Hn the meaning defined in die Texas r Code,
e)(1).
Contractor—Contractor—A person bidding for or awarded a building or consb=, on project a
governmental entity.
( )Cove e-- or rs'compensation imrance meeting the statutory requirements of the
Texas r Code,§401.011(44).
(5)Coverage agrecinent—A written agreement on form C- 1,form TWCC-82,fo
CC- ,or form TWCC-84,filed with the Tom Workers'Compensation Commission which
establishes a relationship between the parties for purpas=of the Texas Worka&Compensation
Act,pursuant to the Texas r Code,Chapter 406,Subchapters F and G,as one of
employedempkqm and establishes responsible for providing workers'
compensation coverage for persons providing on the projea
( `on of the pmject—Includes.the time from the beginning of work on the project until
e work on the project been completed and accepted e governmental entity.
(7)Persons providing ject C' o tor"in§406.096 of Act)—Mrith the
exception of cl )and(i)of section,includes
or entities perfornting all ur part of the services the contractor has undertaken to perform on the
project,regardless of whether that person contracted directly with the contraclor and regardless
of whether that person has,employees. includes is not limited to independent
con tors,subconfiactors,leasing c p ,motor caniers,owner—operators,employees of
y such entity.or employees of any entity fmishbig persons to perform services on the project.
Page 2 of 11
"Services"includes but is not limited to providing,hauling,or delivering equipment or materials,
or providing labor,transportation,or other service related to a project."Services"does not
include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries,and delivery of portable toilets.
(8)Project—Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on the
project are covered by workers'compensation coverage,that the coverage is based on proper
reporting of classification codes and payroll amounts,and that all coverage agreements have
been filed with the appropriate insurance carrier or,in the case of a self-insured,with the
commission's Division of Self-Insurance Regulation.Providing false or misleading certificates of
coverage,or failing to provide or maintain required coverage,or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties,criminal penalties,civil penalties,or other
civil actions.
(e)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 contzactoes current certificate of
coverage shows that the coverage period ends during the duration of the project;and
(B)no later then seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5)retain certificates of coverage on file for the duration of the project and for three years
thereafter,
(6)provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law,and
(7)use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes,except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation:Attached
GmpWc .
„ Page 3 of 1 I
(d)A contractor shall:
(1)provide coverage for its employees providing services on a project,for the duration of the
pro,joct 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 begintang work on the project;
(3)provide the governmental entity,prior to the end of the coverage period,a new certificate of
coverage dwwing extension of coverage,if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4)obtain from each person providing services on a project,and provide to the governmental
entity:
(A)a certificate of coverage,prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project;and
(B)no later than seven days after receipt by the contractor,a new certificate of coverage
showing extension of coverage,if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
(6)notify the governmental entity in wrWng by certified mail or personal delivery,within ten
days after the contractor knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;
(n 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 roquuements imposed by
the Act or other commission rules.This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type,and shall be in both English and Spanish and
any other language common to the worker population The text for the notices shall be the
following text provided by the commission on the sample notice,without any additional words
or changes:
(S)contractually require each person with whom it contracts to provide services on a project to:
(A)provide coverage based on pmper reporting of classification codes and payroll amounts
and filing of any coverage agreetnents for all of its employees providing services on the project,
for the duration of the project;
(B)provide a cerdficate of coverage to the contractor prior to that pars=beginning work on
the project;
(G)include in all contracts to provide services on the project the language,in subsection(ex3)
of this section;
Page 4 of 11
(D)provide the contractor,prior to the end of the coverage period,a new certificate of
coverage showing extension of coverage,if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(IB)obtain from each other person with whom it contracts,and provide to the contractor.
(i)a certificate of coverage,prior to the other person beginning work on the project;and
(ii)prior to the end of the coverage period,a new certificate of coverage showing extension
of the coverage period,if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F)retain all required certificates of coverage on file for the duration of the project and far one
year thereafter,
(0)notify the governmental entity in writing by certified mail or personal delivery,within ten
` days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
(M contractually require each other person with whom it contracts.to perform as required by
` subparagraphs(A)*Q of this paragraph,with the certificate of coverage to be provided to the
person for whom they arc providing services.
(e)A person providing services on a project,other than a contractor,shall:
(1)provide coverage for its employees providing services on a project,for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2)provide a certificate of coverage as required by its contract to provide services on the
project,prior to beginning worst on the project;
(3)have the following language in its contract to provide services on the project:"By signing
this contract or providing or causing to be provided a certificate of coverage,the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers,compensation
coverage for the duration of the project,that the coverage will be based on proper reporting of
classification codes and payroll amounts,and that all coverage agreements will be filed with the
appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of
Self-Insurance Regulation.Providing false or misleading information may subject the contractor
to administrative penalties,criminal penalties,civil penalties,or other civil actions."
(4)provide the person for whom it is providing services on the project,prior to the end of the
coverage period shown on its current certificate of coverage,a new certificate showing extension
of coverage,ifthe 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 tinder contract to it,and provide as
required by its contract
(A)a certificate of coverage,prior to the other person beginning work on the project;and
(B)prior to the end of the coverage period,a new certificate of coverage showing extension of
the coverage period,if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5ofII
(6)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
er,
(7)notify the goverarnental entity in writing by certified snail or personal delivery,of any
change t materially affects the provision ofcoverage 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;and
(8)contractually require each other person with whom it con to-
(A)provide coverage based on proper reporting of classification codesand payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B)provide a certificate of coverage to it prior to that other person beginning work on the
project
(G)include in all contracts to provide services on the project the language in paragraph(3)of
this subsection;
(D)providc,prior to the end of the coverage period,a new certificate of coverage showing
extension of the coverage period,if the coverage period shown on the current certificate of
coverage ends during the duration of the project,
(E)obtain from each other person under contract to it to provide servkAs on the project,and
provide as required by its con=tract:
(i)a ca to of coverage,prior to the other person beginning work on the project;and
(ii)prior to the and of the coverage period,a new certificate of coverage showing extension
of the coverage period,if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F)retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
(G)notify the governmental entity in writing by certified mail or personal delivery,within ten
days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
(M contractually mluire each person with whom it contracts,to perform as required by this
subparagraph and subparagraphs(A)-(G)of this paragraph,with the certificate of coverage to be
provided to the person for whom they are providing services.
(0 If any provision of this rule or its appheation to any person or circumsmace is held invalid,
the invalidity does not affect other provisions or applications ofthis 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.
rule is applicable for building or construction contracts advertised for bid by a
goveromea,tali entity on or after September 1, 1994.This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994,which am not required by
law to be advertised for bid_
Page 6 f1
(h)The coverage requirement in this rule does not apply to motor carriers who are requited
pursuant to Texas Civil Statutes,Article 6675x,to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675x, W).
(i)The coverage requirement in this rule does not apply to sole proprietors,partners.and
corporate officers who meet the requirements of the Act,§406.097(x),and who are explicitly
excluded from coverage in accordance with the Act;§406.097(a)(as added by House Bill 1089,
74th Legislature, 1995,§120).This subsection applies only to sole proprietors,partners,and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered,issued for delivery,or renewed on or after January 1,
1996.
Source Note:The provisions of this§110.110 adopted to be effective September 1, 1994, 19
TexReg 5715;amended to be effective November 6, 1995,20 TexReg 8609
Page 7 of 11
rissi rai 14(d)(7)
"REQUIRED WORKERS'COWENSA77ONCOVERAGE"
'The law requires that each person working on this site or providing services related to this
construction project must be covered by workers'compensation insurance. This includes persons
providing,hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project,regardless of the identity of their employer or status as an
employee"
"Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage.to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage"
Page 9 ofll
TZBS 110.110(c)(7)
Article_ . Workers'Compensation Insurance Coverage.
A.Definitions:
Certificate of coverage("ceriif:rate")-A copy of a certificate of insurance, a certificate of
� authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-
82, TWCC--83, or 2VCC-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
con Ira ctor's/person Is 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. Thls includes, without limitation, independent
contractors,subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project °Services"include, without limitation,providing, hauling or delivering equipment or
materials, or providing labor,transportation, or other service related to a project "Services"
does not include activities unrelated to the project,such as fooMieverage vendors, o,�'tce suPP13'
deliveries, and delivery ofportabk toilets.
B. The contractor shall provide coverage,based on proper reporting of class(cation codes and
payroll amounts and fling ling of any coverage agreements, which meets the statutory requirements
of Texas Labor Code,Section 401.0.11(44)for all employees of the contractor providing services
on the projecx for the duration of the project.
C The Contractor must provide a cent(cafe of coverage to the governmental entity prior to
being awarded the contract.
D.If the coverage period shown on the contractor's current certificate ofcoverage ends during
the duration of the project, the contractor muss;prior to the end of the coverage period,file a
new certfcate of coverage with the governmental entity showing that coverage has been
extended.
P. The contractor shall obtain from each person providing services on a project,and provide to
the governmental entity:
(1)a certificate of coveragA prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project;and
(2)no later than seven days of er receipt by the contractor, a new certif cote of coverage
showing extension of coverage, if the coverage period shown on the current cerrificate of
coverage ends during the duration of the project
Pegs 9 of 11
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
0. The contractor shall nott&the govenamental entity in writing by cert f ed mail or personal
delivery, within 10 dap after the contractor Anew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text,form and manner
prescribed by the Texas Workers'Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
L The contractor shall contractually require each person with whom it contracts to provide
services on a projec4 to:
(1)provide coverage, based an proper reporting of chnsf cation codes and payroll amounts and
filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,
Section 40!.011(44)for all of its employees providing services on the project;for the duration of
the project,
(2)provide to the contractor,prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project,for the duration of the project,
(3)provide the contractor,prior to the end of the coverage period,a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4)obtain from each other person with whom it contracts,and provide to the contractor:
(a)a certificate of coverage,prior to the other person beginning work on the project;and
(b)a new certificate of coverage showing extension of coverage,prior to the end of the coverage
period jthe coverage period shown on the current certificate of coverage ends during the
duration of the project,
(S)retain all required certiflcates of coverage on file far the duration of the project and for one
year the ,
(6)notify the governmental entity in writing by certijled mail or personal delivery,within 10
days after the person knew or should have blown, of any change that materially affects the
provision of coverage of any person providing services on the project;and
(7)contractually requfm each person with whom it contracts, to perform as required by
paragraphs(1)-(7), with the ceMflcates of coverage to be provided to the person for whom they
are providing services.
J By signing this contract orproviding or causing to be provided a Geri fcate of coverage, the
contractor is representing to the governmental entity that all employe"of the contractor who
will provide services on the project will be covered by workers'compensation coverage for the
duration of the project,that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
Insurance carrier or, in the case of a self-insured, with the commission's Division of Self-
Page 10 of 11
Insurance Regulation.Providingfalse or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
X 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 f the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
,a
Page 11 of 11
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT E-12143- FY 2013
PART A-SPECIAL PROVISIONS
Lifecycle Curb and Gutter Replacement
Project No. B12143 - FY-2013
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
The contract award value will be based on r,=rent budget allocations, The
Contractor will have no basis for a claim. arga� jj,s, the City , if the actual
award of e deli y
-,-Y-.,F9rder total, is less.
A-5 Items 'to be Submitted with ProEo al
he following items are required to be submitted with the proposal:
1. 5% Bid Bond (Must reference Project Name as identified in the Proposal)
(A Cashier's Check, certified check, money order or bank draft from any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A• 6 Time of Completion/Liguidatel_llama..Les
The working time for completion of the Project wi,1A. be 365 cale
The Contractor shall commence work within ten (10) calendar days after
receipt of written notice from the Director of Engineering Services or
designee �"City Engineer") to proceed. See S2ecial Provision A® for
supplemental information.
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, $300 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
A-7 Workers_22m
pensation Insurance Covers
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
Section A - SP
(Revised 12/15/04)
Page 2 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
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 FaMtjEE2222!!l2
Proposals faxed directly t�::) the City will be considered non-responsive.
Prc,)p(.,isals must contain a:original signatures and guaranty and be submitted in
accordance with Section B-2 of the General Pra,,,-�visions,
A®9 AchnaitLfg ant �Cid nda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
8z10 !La t�� ([devised 7/5/00)
Labor preference and wage rates for Heavy and Hi" Construction. In case
of conflict, Contractor shall use higher wage rate.
Minimum
Prev ailincl Wage Scales
The Corpus Christi City Council has determined the general prevailing minimum hourly wage
rates for Nueces County, Texas as set out in Part B. The Contractor and any subcontractor
must not pay less than the specified wage rates to all laborers, wor and mechanics
employed by them in the execution of the Contract. The Contractor or subcontractor shall
forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer,
work:man, or mechanic employed, if such person is paid less than the specified rates for the
classification of work performed. The Contractor and each subcontractor must keep an
accurate record showing the names and classifications of all laborers, workmen, and mechanics
employed by them in connection with the Project and showing the actual wages paid to each
worker.
The Contractor will make bi-weekly certified payroll suLmittals to the City Engineer. The
Contractor will also obtain apies of such certified payrolls from all subcontractors and
others working on the Project. These documents will also be submitted to the City Engineer
bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for
additional requirements concerning the proper form and content of the payroll submittals.)
One and one-half (14) times the specified hourly wage must be paid for all hours worked in
excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See
Section B-1-1, Definition of Terms, and Section B-7-68 Working Hours.)
(Revised 7/5/00)
The Contractor shall cooperate with all public and private agencies with facilities operating
within the limits of the Project® The Contractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of any
Section A - SP
(Revised 12/15/04)
Page 3 of 29
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
facility by using the 'Texas 811 at 811 and the Lone Star Notification Crgrpany at 1-800-669-
8344, For the Contractor's convenience, the following telephone numbers are listed.
City Engineer 826-3500
Project Engineer 826-3500
Felix H. Ocanas Jr., P.E.
Engineering & Construction
Management Services LW 549-4576 Fax: 906-2477
Streets & Solid Waste Services 826-1940
Traffic Engineering 880-3540
Police bapartrent 886-2600
at Deparme-ft 826-1881 (B26-1888 after hours)
Wastewater Department 826-1800 (826-1818 after hours)
Gas Department 885-6900 (805-6913 after hours)
Stonn Water Dep,,irtzent 826-1875 (826-3140 after hours)
Parks & Recreation DepartTw_nt 8263461
American Electric Power (AEP) 1-877-373-4858
Southwestern Bell Co. (SBC) 881-2511 (1-900-824-4424, after hours)
City Street Div, for Traffic
Signal/Fiber Optic Locate 826-1946 8263547
Cablevision 857-5000 (8575060 after hours)
ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624)
IZU (Fiber (ptic) 813-1124 (Pager 888-204-1679)
Cent el 225/214-1169 (225/229-3202(M))
ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981)
CAPROCK (riber Optic) 512/935-0958 (Mobile)
Brooks Fiber Optic (MN) 972/753-4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and,...2 lateness�
of such information is not guaranteed. It is the Contractor's sole and
i��mplete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. if
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (ie. broken,
cut, etc.) , flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers (.:)r 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 iDver 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 aar ground surface.
It is also the Contractor®s responsibility to make all. necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
Section A - SP
(Revised 12/15104)
Page 4 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
increase in the Contract price® Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The Contractor will be required to schedule his operations so as to cause
minimum adverse impact on public accessibility. 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 I.Jniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department® The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic com,,.roi are considered subsidiary; therefore, no direct
payment will be made to Contractor®
A-14 Construction Pment Spill a and Tra
The Contractor shall keep the adjoining streets free of tracked and/r,�r
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. Wo visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets®
A-15 Excavation and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer® The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the repair limits of the Project
must be removed unless otherwise noted. All necessary removals including but
not limited to driveways and sidewalks are to be considered subsidiary to
applicable bid item; therefore, no direct payment will be made to Contractor.
A-16 DisEoos al/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor® The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
Section A - SP
(Revised 22/15/04)
Page 5 of 26
Life cycle Curb and Gutter Replacement
Project No. E12143 - -2013
-17 Field Office NOT USE
T. , 6 .",
field efNee at the eenstr-ue"'
and heated and must be Par- .--an 'nelned table
least 39" -H
shall leld
rr
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6 .d
.
mod::
�, � a x
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ia# W' 4 ' & o '�°• a e, +-- At---4
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4. Revise and r-esubm" by
3z^^c9f
M "
A-19 Construction Project Layout and Control
The
me kq'4
m
the w9L
eContractor shall furnish all lines, slopes, and measurements for
control of a work.
:.:, a w •,
ee�A to the
the w
ti,���� ,. .,.�. „tom
P F # It"R k�W "
Section A - SP
(Revised 12/15/44)
Page 6 of 26
Lifecycle Curb and Gutter Replacement
Project o> E12143 - -
The Gent 14: t-- Eefe valves and manheles, be-,I+
and Ve,_4 ---'c e-effi@'11-anee with the Genlrael
14eensed In the sta
by
Fellew-Ang _49 the ..._m. €Fh .. ule ef de -e Ella'
BtEeetsi
• All u at p t , e a
---__- -- -°--g IQs e'rteumfe*e�
a
.T--te ..a_...
elevatlens ("e;
We t
Valves vaults
ti n!l and Certificati
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.
Section A - SP
(Revised 12/15/04)
Page 7 of 26
Life cycle Curb and Gutter Replacement
Project No. E12143 FY-2013
-21 Project Si .s JNOT USED)
The Gen-r-aeteE must furrnish -6 —34--4 -n the
eens He 41
,
A-22 MinoriLty/Minorit y Business,,EnteE2 rise Participation Poll e eviSed 10/W
1. oic
It is the policy of. the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein., both for
minority and female participation by trade and for Minority Business
Enterprise,
2 Definitions
a, Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract..
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, Materials or any
combination of the foregoing under contract with a prime contractor
on a City contract
C. Minority Business Ent rrris e.- A lousiness enterprise that is owned
and controlled by one or more minority person(s) , Minority persons
include Blacks, Mexi can-Ameri cans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities . Minority person(s) must collectilse y
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
arson.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s) .
(c) For an enterprise doing business as a corporation, at
least 51 ,0% of the assets or interest in the corporate
shares must be owned by one or more minority
person(s) .
Section R m SP
(Revised 12/15/04)
Page 8 of 2
Life cycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s) .
3. Share in Pa erns
inority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 1®0 of whose assets or interests
in the corporate shares are owned by one or more women.
f� Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
a minority joint venture partner has a 0®0 interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the joint venture must have either
firt,:ancial, managerial, or technical skills in the work to b'e,
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor®s
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business Enterprise
(Percent) Participation (Percent)
45 15
bs These goals are applicable to all the construction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade® The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4 ® oliance
a. Upon completion of the Project, a final breakdown of M
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer®
Section A - SP
(Revised 12/15/04)
Page 9 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
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 ha'r'e been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00) MOT USED)
1!�qa4.rvod '2�nd Ile aeS4 M,e a
an vleady get- . ...... Mi. ta&n 444-5�' 4
%44 ob 1,9 P kw
Oeoupal, Wan apr4i
� ;
"hat pay all
pe e,L641.eft Depeff gees!
6,ap �ee,9 alIq
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10%) of the Surety Company®s capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10%) of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas,, The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10%) of the
reinsurer's capital and surpltis. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas . The
Surety shall designate an agent who is a resident of Nueces County,
Texas, Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued. "
Section A SP
(Revised 12/15/014)
Page 10 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
A-25 Sales Tax Ex2mption (NOT USED)
seetleft B6-22' Tam "
GhElstl
the Gen'l-
Beet-'en pubil
1i
Other h s" -n
3. Pre-
--art--
�rr--
p p -.l
if the G-
A-26 S u lemental Insurance Reg2it is
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
Chan a to:
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
. idress: P.O. Box 9277
Corpus Christi, Texas 78469-9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Section - SP
(Revised 12/15/04)
Page 11 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of t,,,,h e Contraet,r 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 the against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys® fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault, of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Reseonsibility for Damage ,Claims (NOT USED)
PaEagr-aph- 'a, Gene
to 'Iftelod�—.
i IdIA4W AA
ginally aeeep-.s th
ees'-s neeessai�y te p*eeuime su
A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine 1,;hat 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
Section A - SP
(Revised 12/15/04)
Page 12 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been aid®
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration
staff, superintendents and foremen who are careful and competent and
acceptable to the City Engineer.
The criteria upon which the City Engineer makes this determination may
include the following:
1. The superintendent must have at least five (5) years recent experience
in field management and oversight of projects of a similar size and
complexity to this Project® This experience must include, but not
necessarily limited to, scheduling of manpower and materials, safety,
coordination of subcontractors, and familiarity with the submittal
process, federal and state wage rate requirements, and City contract
close-out procedures.
The superintendent shall be present, on the job site, at all times that
work is being performed.
2® Foremen, if utilized, shall have at least five (5) years recent
experience in similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from
the City.
Documentation concerning these requirements will be reviewed by the City
Engineer. The Contractor's field administration staff, and any subsequent
substitutions or replacements thereto, must be approved by the City Engineer
in writing prior to such superintendent assuming responsibilities on the
Project®
Such written approval of field administration staff is a prerequisite to the
it Engineer's obligation to execute a contract for this Project. If such
approval is not obtained, the award may be rescinded® Further, such written
approval is also necessary prior to a change in field administration staff
during the term of this Contract® If the Contractor fails to obtain prior
written approval of the City Engineer concerning any substitutions or
replacements in its field administration staff for this Project during the
term of the Contract, such a failure constitutes a basis to annul the
Contract pursuant to section B-7-13.
A-30 Amended "Consideration of Contractii2ffiAE2M2 Rte
_
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text®
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information;
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
Section
(Revised 12/15/04)
Page 13 of 26
Life cycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4 � A schedule of anticipated monthly payments for the Project duration,
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE., If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6® A list of subcontractors that will be working on the Project, This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project . If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award,
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project® Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-7-13;
7® A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre-construction conference;
8. Documentation required pursuant to the Special Provisions ®2 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
® 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 an behalf of said entity.
A-31 Amended Poligy on Extra Wo rk Change Orders
Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5
EgiL-ly—on. Extra Work and Chan Orders the present text is deleted and replaced with the
following®
Section A - SP
(Revised 12/15/04)
Page 14 of 26
if of Curb and Gutter Replacement
Project No. E12143 - FY-2013
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $50,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
A-32 Amended 1%xecution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the to 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 to the City Engineer delivers the signed Contracts to the Contractor.
®B 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 Meeting referred to in Special Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard specifications for Highways, Streets and Bridges,
AST M specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable) , construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 Ci tes ter ac its i 1 is (NOT USED)
A. V.,s
- ------ - eert-14ying 'heiff---pTrier---at-tendanee
Pepar-1,me
Fer- add-4 efflat18H,
Section A SP
(Revised 12/15/04)
Page 15 of 26
Lifecycle Curb and Gutter Replacement
p Project No. B12143 - FY-2013
Operation of Gity-Owned Zq"_I�pmew
The Goatwanunw phall not Start, operate, Or step ansy pump; moteer
valuer equipment, WWI,beed} ee, eantrel, or any a�3e��cQ�
related to Gify-water €areilify at any time. All seed items must be
epeEatech-an operates er ether authaAzed maintenanee -_ r--y-- --
4A aneyNaMn
�w
av
_
.,. 44 y
thread ou"407 ee ie eae
seep . ': ty
440 Am
proof of , „F,
we! few
.�
w gym. w
.,, bra
. ' .
are", e4�esw at
rnvms�.mm�ti�c .-.�T-QTmL+ naa+nwr���nTn�T
��
.
Plant telephones are not available -fee Gontraeter use-.
wet4�6"-hours-will he G
..,, �
Section A SP
(Revised 12/15/04)
Page 16 of 26
Lifecycle Curb and Donor Replacement
Froject ' . E,1214:3 "Y- b1
must 4�e 1 . tiw „, W444 0,111, name- 02 M2
„ .a
..� v&
a w
m
ehangeof
�,.
OF
a4l
OA,
showing
& h, �.
rah i�T .
,,sea& :.
it We-employs-perso"oQ, .00 4kis- 't-ojee W—
004 imp 4 � ... v
ere4r, ealibmater nd-
Opts& .
f . , fe-r-W-�p.
i
Prossi Sol-W5a—q*.YPn type %411 be
.
. ,, , : w
e .
�a
w ' .
d given .i-the-My.&ojAnee* W461: all Magee,-made-doring
an emampl-e—a-H4
section A - SP
(Revised 12/15JD4),
Rugs 1,7 of 21
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
w.
11w.
Plant bC9 Per- dli
n
A-36 Other Subinittals
1b Sho I�rarn Submittal: e Contractor shall follow the procedure
outlined
below when processing Shop Drawing submittals:
a, Quantity Contractor shall submit number required by the City to
the City Engineer or his designated representative
ba, Re roducibales: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings..
C. Submittal Transmittal Forms: (.."ontractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form, Re-submittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
suppliers pertinent Drawing sheet and detail number(s) , and
specification Section number, as appropriate, can each submittal
form®
d. Contractor's Stamp® Contractor merit apply Contractor's .stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work® and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e, Scheduling; Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of .related items..
f® Marking: Contractor must nark 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 woo
h. Space Requirements Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
Re-submittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
Section A - SP
{Revised 12/15/04}
Page 16 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
j . Distribution; Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, Uvru Contractor,
any inability to comply with. provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor musk,,
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 2a!ji met will not b a roved for use
on the project.
A-37 Amended NOT USED
Under- "Ge.
harge Ra-r-n-'sheel by the he fellew-Ing,+
69
-he pE-e-ee
A-38 Warker's Co on Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors 'B" are incorporated by reference
in this Special Provision.
(NOT USED)
eE imp
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
A-41 Ozone AdvisoEX
Priming and hot-mix paving operations must not be conducted on days for which
an ozone advisory has been issued, except for repairs. The City Engineer will
notify Contractor about ozone alert. If a delay such as this is experienced,
the day will not be counted as a work day
Section A - SP
(Revised 12/15/04)
Page 19 of 26
Lid e Curb and Gutter Replacement
Project o® B12143 - FY-2013
A-42 OSHA Rules Q Reg2lations
It is the responsibility of the Contractorgs) to adhere to al], applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs.
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its
entirety ancFthe foidowing 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
1-tability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, material man, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
material man, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials', employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or material man.,
A-44 Chan e Or ers
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc, ) . This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
(NOT USED)
Vertioal) of &1-4
owfte* with� efioy� A_ ta, P
Of eneil� tL&
Bhew as-49,u_`!" dime
=4_a
_Vs S
a
4 ) r. rrd e0lanqelgii! tel�_
Section A SP
(Revised 12/15/04)
Page 20 of 26
Lifecycle Curb and Gutter Replacement
Project No. E12143 - -2013
DisE!osal of Highly t water (7/5/00) (NOT USED)
yea 1 � rine7 it ee�
ehleElnat
r
A-47 Pre-Construction ra ti (7/5/00) (NOT USED)
QsRtEaetee shall
ladleat!"- the Owner ef pip
e e,.. -_-'ens e f the __ ram zcRx pT
prl-ee- of pavement
A-48 Overhead Electrical ire (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc. , to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform C &L of his
construction schedule with regard to said overhead lines.
Sectfon A - SP
(Revised 12/15/041
Page 21 of 26
Lifecycle iCurb Gutter Replacement
Project No. E12143 - FY-2013
Some overhead 1ines are shown in the construction plans, while others are
not. Tt shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A-49 Amended "Maintenance Guarant"
y" 18/24/G00,
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-B-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christ!. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
A-50 Sup lemental Time of Completion/Li%2idated Damages-Curb and Gutter
Special Provisions A-6 states that this project has a time of 365 calendar
days.
At the City's discretion, throughout the contract period, the Contractor
shall be given lists of specific locations where curb and gutter is to be
replaced. Within three (3) calendar days of receiving a list, the Contractor
shall mobilize and begin work. The Contractor shall continuously work until
all locations are completed. The section under construction shall be
c2MIeted at least to the point of p ovidincr drivey access to residents
px1or to relocating to a new section.
"Continuously Work" is defined as working a minimum of eight (8) hours per
day, five (5) days per week. The only acceptable reason for not performing
this continuous work will be inclement weather or an area too wet due to
inclement weather. If, in the opinion of the Engineer, the Contractor has
not worked days when productive work is possible, then the Contractor can
incur liquidated damages for those days not worked. The assessment of
liquidated damages is, therefore, not confined only to those days in excess
of 365 calendar days, but can be assessed throughout the contract period.
A-51 Estimated Quantities - Curb and Gutter
Specific Area(s)consisting of the removal and replacement of approximately
7, 000 linear feet of concrete curb and gutter; 6, 200 square feet of driveway
approaches, 2,000 square feet of sidewalks; 3,400 square yards of pavement
repair and 400 square feet of ADA curb ramps.
1. Driv !H2y Approaches: One (1) 10-foot wide driveway approach per 70
L.F. of curb & gutter.
2. Sidewalks: One (1) 4-foot wide sidewalk segment (length varies) per
70 L.F. of curb and gutter.
3. ADA Curb BaWs: Removal and replacement of ADA curb ramps depends on
compliance of existing ramp(s) .
4. Pavement Repairs. An average of 0.5 S.Y. (4 ,5-foot wide) for every
linear foot of curb and gutter.
Therefore, the bid quantities for driveway approaches, sidewalks, ADA curb
ramps and pavement repair can, and will, vary greatly from location to
Section A - SP
(Revised 12/15/04)
Page 22 of 26
LifGaycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
location. The possibility exists for substantial overruns or under runs on
these bid items within the parameters outlined in General Provision to -4®
3, Increased or Decreased Quantities of Work. The contractor shall not use
this as a basis for extra pay.
A-52 Lists of S12ec is Locations- Curb and Gutter
As stated in Special Provision A-50, the Contractor will be given lists of
specific locations. It is realized that to be economically viable for the
Contractor, a specific list must be large enough to devote resources and
purchase supplies in reasonable quantities. Therefore, each list is
guaranteed to include a minimum of 500 L.F. of curb & gutter removal and
replacement.
No single location shall have less than fifty (50) Lm F`® of curb & gutter
removal and replacement® Also, the issuance of each list will be of an
amount and time interval so that the Contractor is not out of work while
awaiting a list to be issued®
A-53 Geo2rMhic Ar a and Locations ® Curb & Gutter
It is also realized that to be economically viable for the Contractor, a
specific list must be within a reasonable geographic area.
The intent of this contract is to provide curb & gutter, driveways, and
sidewalk segments removal & replacement in o residential areas. The
residential areas will be primarily single-family areas® However, some
locations may be adjacent to multi-family areas. It is not the intent of
this project to provide our and gutter removal and replacement in commercial
or industrial areas on streets that are classified as arterial or larger.
A®5 Pav rxt air
The intent of the pavement repairs is to provide the amount of pavement
necessary to provide a smooth transition and an acceptable cross-slope from
the existing pavement to the new curb and gutter. Initially, the contractor
shall only excavate a sufficient width of existing pavement to provide enough
working room for the installation of the curb and gutter concrete forms.
After the new curb and gutter has been placed and the concrete forms removed,
the Engineer shall inspect the site and make field documentation as to the
exact width of pavement to be removed and replaced to provide the aforesaid
satisfactory transition.
Pavement repair shall be the necessary thickness to match existing asphalt,
but no less than two (2) inch minimum. However, greater depths of thickness
can, and should, be anticipated. The conditions and depths will vary from
location to location. Where depths in excess of three (3) inches are
encountered, the asphalt all be placed in two (2) lifts of approximately
equal thickness®
® Backfillin2 in New qgr i
Since the work involves the removal and replacement of existing curb and
gutter, sidewalks, and driveways to new grades, backfill material will be
placed adjacent to these improvements. The material used shall be good
quality topsoil that is free of roots, clods, and any other items that
detract from its appearance or hamper the growth of new grass. The ac fill
is to be compacted to prevent erosion during irrigation. The amount required
Section A ® SP
(Revised 12/15/04)
Page 23 of 26
Lifecycle Curb and Gutter Replacement
Project No E12143 - FY-2013
at each location will vary, but it is the intent that a smooth transition be
provided between the new construction and the existing natural ground, and
that adequate drainage patterns be established. The cost of the backfill
material shall be considered subsidiary to the project.
A-56 Curb and Gutter Cuttin2_and Dowelin2
Where existing curb and gutter is cut for removal and repl.acement, the cut
shall be by means of saw, to a sufficient depth to ensure that the curb and
gutter that is to remain does not break when the adjoining portion is
removed. If reinforcing steel exists, a sufficient length shall be left
intact to provide a tie for the reinforcement in the proposed curb and
gutter. If no reinforcing steel exists, the Contractor shall drill a minimum
of six inches into the existing curb and gutter and install dowels to
locations where no reinforcing steel exists, an expansion joint shall be
placed between the existing and proposed curb and gutter.
A®5 Site Sequencing and Maintenance
In preparation of the construction schedule for a particular list, the
Contractor has the option of performing the work on the various sites in
whatever sequence fits his method of operation, However, all sites where
construction operations are in various stages shall be monitored on a daily
basis, to insure that all trench cuts, driveways, barricading, etc are kept
in good condition and driveway access to local residents is not impaired.
The intent of this provision is to ensure that all sites, which may not be
actively worked on during any particular day, are kept in a condition that
citizen's complains, and/or inquiries, are eliminated because of what may be
perceived as no project activity.
A-58 Saw_SaLtIE2 1sti
All cuts made at locations where existing concrete and/or asphalt are to meet
the proposed, shall be made by saw cutting, This includes, but is not
limited to, curb and gutter, sidewalks, ramps, etc. The intent of this
provision is that lines where proposed and existing construction meet shall
be straight and neat.
A-59 ADA CoMliance
The construction on this project shall provide for AIWA compliant facilities,
even if none krt7iou§Iy existed.
If curb and gutter is removed and replaced at an intersection, or some other
location where pedestrian crosswalk access exists, the Contractor shall
construct barrier-free ramps as shown on the Standard Detail sheets.
A-60 Sidewalks and REjXgHayA,
Sidewalks and driveway approaches that are removed and replaced as part (,,)f
this project are to be reconstructed to City standards with regard to
thickness and types of materials used. However, all sidewalks and driveway
approaches shall be reconstructed to the same dimensions as existed. It is
not the intent of this contract to provide property owners with an increase
in sidewalk and driveway facilities.
It is anticipated that over 90'% of the sites wil], contain sidewalks that are
separated from the curb with a grass median strip. However, if tied sidewalk
section A ® SP
(Revised 12/15/04)
Page 24 of 26
Lifecycle Curb and Gutter t
Project No. E12143 -2013
is present at a specific location, the replacement of the sidewalk: shall be
per City standards. The installation of curb-to-sidewalk dowels and the
thickened concrete edge shall be considered subsidiary to the unit price Laid
for the Removal and Replacement of Sidewalks.
The remova,], and replacement of sidewalks and/or driveway may, in some case,
require re-establishing new grades. The Contractor shall cut or fill as
required, tio establish the new grade. The cutting or filling may also
require the removal of obstructions such as tree roots or other debris found.
®61 Concrete Curb and Gutter
The concrete curb and gutter that is .removed and replaced on this project may
have several different configurations. Some may be the 4-inch roll-type curb
and some may be the 6-inch standard-type curb. There may also be some cases
where the curb and gutter has a unique configuration. The intent is to
replace the existing with mews that matches the existing configuration as
closely as possible.
The new curb and gutter shall be constructed to City standards with regard to
the types of materials used, spacing of expansion joints, reinforcing steel,
etc. in accordance with the City®s standard details. Modifications to the
configuration shall be considered subsidiary. The typical curb section shall
be as shown on the Typical Section as shoran elsewhere in these documents.
2 Standard Sp cificatios
The various Standard Specifications may refer to 025220 "Flexible Base
Caliche". This will be non®applicatale and is not approved for use on this
project. 025222 "Flexible Base ® High Strength (S-24A)" shall be used,
exclusively. The various Standard Specifications indicate various methods of
measurement and payment. These will be non®a licable. All work shall be
paid for under the bid items in the Proposal. Any reguired work not covered
by an item in the Proposal shall be considered subsidiary with no additional
payment and the Contractor shall not use ioscr ci as as a basis for
extra-pax,
A-63 Construction ra r rn
The 1.18x17®° drawings included in the contract documents are excerpts, taken
from City of Corpus Christi Standard Detail Sheets. This means that some
details may note at all, be applicable to this project. It also means that
some details will, or will not apply to specific situations and/or specific
locations and the Contractor shall not use s scr ci. s as a basis for
e a a .
® "Prosecution and Progress"
Under "General provisions and Requirement for Municipal Construction
Contracts", S®7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given years the City may direct
suspension or termination of the contract. If the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization/remobilization costs. Such costs shall be addressed
through a change order to the contract.
Section ® SP
(Revised 12/15/04)
Page of
Lifecycle Curb and Gutter Replacement
Project No. E12143 - FY-2013
SUBMITTAL TRANSMITTAL FORM
PROJECT: Life Cycle Curb and Gutter Replacement Project E12143 FY 2013
OWNER; CITY OF CORPUS CHRISTI
ENGINEER; Felix H. Ocanas Jr. , PE.
Engineering & Construction Management Services LLC
CONTRACTOR.,
Subm Submittal Actual Approval Revision Revision
No. Submittal Item Date Subm Date Date No. Approval
Date
1 Special Prov.A-28,29,&30 Bid Date plus 5
days
2 Bonds&Insurance 5 days after
Award Notice
3 Project Schedule Prior to PRECON
Construction Invoices with Certified
4 Monthly
Payrolls&Progress Schedule(s)
5 Concrete Design Mix Prior to PRECON
6 Limestone Source&Certifications Prior to PRECON
7 Backfill Material Prior to PRECON
8 HMAC Design Mix Prior to PRECON
9 Delivery Order Proposals As-Required
10 Project Closeout Documentation Prior to Project
Acceptance
Section A SP
(Revised 12/15/04)
Page 26 of 26
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 15T" day of October , 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 A. Ortiz Construction & Paving Inc. termed in the Contract Documents as
"Contractor," upon these terms, performable in Nueces County, Texas:
In consideration of the payment of $386,350.00 by City and other obligations of
City as set out herein, Contractor will construct and complete certain improvements
described as follows'
LIFECYCLE CURB AND GUTTER REPLACEMENT FY 2013
w.
PROJECT NO. E12143
(TOTAL BASE BID: $386,350.00)
according to the attached Plans and Specifications in a good and workmanlike manner
for the prices and conditions set out in their attached bid proposal supplying at their
expense such materials, services, labor and insurance as required by the attached
Contract Documents, including overseeing the entire job. The Contract Documents
include this Agreement, the bid proposal and instructions, The General and Special
Provisions and Requirements for Municipal Construction Contracts of the City of Corpus
Christi, plans and specifications, including all maps, plats, blueprints, and other
drawings, the Performance and Payment bonds, addenda, and related documents all of
which constitute the contract for this project and are made a part hereof.
Contractor shall indemnify, save harmless and defend the City
of Corpus Christi in accordance with General Provision B-6-91 and
Special Provision A-26 of the General and Special Provisions and
Requirements for Municipal Construction Contracts of the City of
Corpus Christi, Texas.
The Contractor will commence work within ten (10) calendar days from date they
receive written work order and will complete same within 365 CALENDAR DAYS after
construction is begun. Should Contractor default, Contractor may be liable for
liquidated damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of the contract in
accordance with the Contract Documents as the work progresses.
Signed in „4 parts at Corpus Christi, Texas on the date shown above.
Jl ?:'wa
ATTEST: CITY OF CORPUS
CHRIST[
By: v
City Secretary Mark Van Vleck
Interim Asst. City Manager
Public Works, Utilities, and Transportation
APPRO D AS,,,Tb LEGAL FORM:
BY ....�....... ............
Asst. City Attorney janiel
Director of Engineering Services
CONTRACTOR
ATTEST: (If Corporation) A. Ortiz Construction & Pavinci, Inc.
�
(Seal Below) �� _,��,� Bv�. ,�.Ork�z
Title:
(Note: if Person signing for
corporation is not President, 902 Airport Rd.
attach copy of authorization (Address)
to sign), Corpus Christi TX 78405
(City) (State) (ZIP)
3611882-2122 * 3611883-4188
(Phone) (Fax)
x!01 A T O 1W
BY LUNC-11.f
E :R ji
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT E-12143 FY 2013
2DRt T
'"!s to
P R 0 P 0 S A L
.........................
Da C e
al
... ........
...........
Fr o I�i I T i'lic ,
.............. .............
law-,:
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............ ............ ........... ................................. ................................................
...................................... ....................................
TO: The City of Corpus Christi, Texas
Gentlemen:
),he undersigned hereby proposes to Furn-1sh all lava 7- n-i
mate-lals, coo-' s, and necessary equipment, and to perform the wor'
LIFECYCLE CURB AND GUTTER REPLACEMENT
PROJECT E12143-FY2013
t-iOns set Out" by the plans and s-pec-iFir-av:ions
rd-.-4 r, wiZ-h the Contract J0C9.]Me-T3t.5
for the -following fix_i.c-es,
Lifecycle Curb and Gutter Replacement FY 2013
PROJECT No . E12143
............
IV V..........
ITS
QTY Descry ti
„al J4 p on Price 1 Total
II D0 ........
and Replacameni
WIWI , WMpleza and ! n p: - - ,
' per Awas Aw I
� 7kevcval and RyLawyeni
arlveway apprcwhes, cc7c , SzE W,' - ?5 2 s 1 0, U,
.1 HIS
Romwal and RIPAsemerl 1 :--
and Rwp � ; 12;47:
pays7mv: w7pa
3! and in r , a 1 w I i
ncrens
7g ! 170 nr � �,c�, (f
f
M son ! 1 wesus Wynno
y 1 07 a
TOTAL BASE BID : 7 ?-s $ 3 z 6 , 3 5U. 0
BID SUMMARY
TOTAL BASE BID
-I
Ths ardersigned hereby declares hat he has AsHad the sit,
carafuliy examined the plans, SPecifications and 61cmtracz 00=Ment .
relicing zo the work covered by his bid or bids, that he agrees
'JI the wort, and that no representations made by the MY are in any jans:,,
a watranvy out are estimates for the guidance of the Contractor.
J Upon notification of award of contract, we will within 7e�
i3 caiendar days execute the formal. contract cand Will deliver a
Performan7a Bond (as required) for the EaithEul performance of
concract and a Payment Bond (as required) to insure payment fcz all.
labor ind naterials . The bid bond attached w This proposal, in tle
amount of 5% of the highest amount bid, is tO become the property cf
the City of Corpus Christi in the event the contract and bonds are n a r,
MeMted oithin the time above set forth as liquidated damages fcz th=-
delay and additional work caused thereby,
Numaxit
apparenL low bid""Mor"Y Bus'noss EM"Priuc Participation: Th it
der shall, within five days of receipt of bids, submit
ta Ae find in writing, the names and Bddzesses of MSE firms
parcicipacing in the contract and a descripticyn of the MIA 1c be
performed and its dollar value far bid evaluation purpose.
Number of signed sets of Documents; T&S contract and ;LL!
bonds will tie prepared in not less than faux counterpart (original.
signea —"Ots.
T±Me of Completion: The undersigned agrees to complete the
wort wiVin 365 calendar A-
4-1_ from the date designated by a Work Order.
The undersigned further declares that he ',,Iill. provide A:,
necessary tools and equipment, do all the work and rurnish al1
materials and do everything required to carry out the above mentiined
worY covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or suxs
above set Corth.
E0111 Ow ng (j[ pp d
Respectfully submittej:
Name: Raul Ortiz
............................................
By:
d ('510MAT
a Corporation) Add:ress : -A L
MAY (State, lzi,
w.
... .. .....
I Eroa Q'...her
,FZ'-h mxl iibm t
Mpolal
PMQU I
PERFORMANCE BOND
STATE OF TEXAS § BOND No. PRF'09039083
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
That A. Ortiz Construction & Paving, Inc. of the City of Corpus Christi ,
County of Nueces , and State of Texas as principal ("Principal"), and
FIDELITY & DEPOSIT COMPANY OF MARYLAND & COLONIAL AMERICAN CASUALTY & * , 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 THREE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED
FIFTY AND NO/100 U.S. Dollars ($ 386,350.00 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: * SURETY CO.
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 15TH of
OCTOBER, 2013, which Agreement is hereby referred to and made a park hereof as
fully and to the same extent as if copied at length herein, for the construction of:
LIFECYCLE CURB AND GUTTER REPLACEMENT FY 2013
PROJECT NO. E12143
(TOTAL BASE BID: $386,350.00)
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 22ND
day of OCTOBER , 2013.
PRINCIPAL SURETY
FIDELITY & DEPOSIT COMPANY OF MARYLAND
A. ORTIZ CONSTRUCTION & PAVING, INC. COLONIAL AMERICAN CASUALTY & SURETY CO.
Y:
Mmrxb
-In-fact MARY ELLEN=OORE
Title:
Attor
,. ATTEST:
N
Secretary.:... .-. iii
Address:-102 AIRPORT ROAD Address: P.O. 13OX 870
CO_PUS C IS I® TEXAS Y 405 _® CORPUS CHRISTI_, E 78403
Telephone:
Fax: 361-844-0101
E-Mail: mmoore@s-gins.com
Name,and add ress,of=;Resident Agent�bf`Surety-in,Nueces County, Texas,.for delivery of 1'
notice„and�r service�,,of;process m
(Rev. Date May 2011) Performance Bond Page 2 of 3
Name:
Agency: s
Address: -500-n—SHORELINE RI.Un 'ZTITr.'P 11')nn
(Physical Street Address)
CORPUS CHR
_91LI,
UI TEXAS 2a4m
(City) (State) (zip)
Telephone:
E-Mail: saddk'
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 and Page 3 of 3
PAY ME NT BOND
STATE OF TEXAS § BOND No. PRF09039083
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
That A. Ortiz Construction & Paving, Inc. of the City of Corpus Christi
County of Nueces , and State of Texas as principal ("Principal"), and
FIDELITY & DEPOSIT COMPANY OF MARYLAND & COLONIAL AMERICAN CASUALTY*
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
THREE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED FIFTY AND
NO/100 U.S. Dollars ($ 386 350.00 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: & SURETY Co.
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 15TH day
of OCTOBER, 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:
LIFECYCLE CURB AND GUTTER REPLACEMENT FY 2013
PROJECT NO. E12143
(TOTAL BASE BID: $386,350.00)
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 Pagel 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
221M — day of OCTOBER , 2013,
PRINCIPAL SURETY
"'IDELITY & DEPOSIT COMPANY OF MARYLAND
A. ORTIZ CONSTRUCTION & PAVING INC. COLONIAL AMERICAN CASUALTY & SU TY CO.
m
By ..w
Attor µ �m-fat MARY ELLEN MooRE-,
Title: &esident i
ATTEST:
Secretary - Pall LYtiz
Address: 102 AIRPORrp ROAD Address:-P.O. BOX 870_
CORPUS CHRISTI, TEXAS_ 7S 0 CORPUS CHRISTI, TEXAS 75403
Telephone: 361,SS ®17j.
Fax: 361-844-0101
(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
nQtlCe and 5enrlce,of,process
Name: STEVE ADDKISON
Agency: SWANTNER & GORDON INSURANCE AGENCY
Address: 500 N. SHORELINE BLVD., SUITE 1200
(Physical Street Address)
CORPUS CHRISTI TEXAS 78401
(City) (State) (Zip)
Telephone: 361-883-1711
E-Mail: saddkison@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 r'i inl Power of Attorney must be attached hereto.
Note Date of Payment Bond must not be prior to date of contract.
END
Rev Date May 2011 Payment Bond Page 3 of 3
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,
constitute, and appoint Mary Ellen MOORE, R. M. LEE, Steve ADDKISON, Cathleen HAYLES, Taml J. DUNCAN, Danielle
HARRIS and Kerry MCINTOSH,all of Corpus Christi,Texas, EACH its true and lawful agent and Attomey-in-Fact,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,EXCEPT bonds on behalf
of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in
pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly
executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New
York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in
Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in
Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I5th day of April,A.D.2013.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�r{�4 �ya�OL�I4� tl"a'4 �y
8SAL
� two
utr �
O onl
*1�
Assistant Secretary Vice President
Eric D.Barnes James M. Carroll
State of Maryland
City o Baltimore
On t;:,: 15th day of April,A.D.2013,before th subscribe: i Notary Public of the Stag ,r Maryland,duly commissioned and qualified,JAI%` S M.
CARROLL,vice President,and ERIC D. BARNES,Assistant Secretary, of the Companies,►.,me personally known to be the individuals and ofii_ers
described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TFI�f IMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first abr re writtr.;"
�v ,rep •11 y,.
u
x../jI,111114t,\\
Constance A.Dunn,Notary Public
My Commission Expire,July 14,2015
POA-F 1811-98838
o Fidelity and Deposit Company of Maryland
Home Office: P 0 Sax 1221, Baltimore,MD 21101-t221
IMPORTANT NOTICE
To obtain information or matte a complaint:
You may call the Fidelity and Deposit Company of kfaryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-634-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-300-252-3439
You may write the Texas Department of Insurance:
P.O. Box 119104
Austin, TX 78714-9104
MX N (5 1'2) 175-1771
PREMIUM OR CLAIM D13EUTE4: ,Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of maryland or Colonial
American Casualty and Surety Company. [f the dispute is not resolved, you may contact the Tcxrls
Department of In.gurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
Disclosure Statement ZURICH
ZURICH AGENTtBROKER COMPENSATION DISCLOSURE
Dear Policyholder:
an behalf of Zurich, we are glad you have chosen us as your insurance company. We took forward to meeting your
insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to
represent your company's Interests in the placement of insurance coverages.
As is the case with many Insurance companies in the United States, Zurich distributes many of its Insurance products
through agents or brokers. This means that your agent or broker is not employed by Zurich and, In fact;may represent
many Insurance companies. Because we do not employ your agent or broker, the way they are compensated may
vary. We recommend you discuss these arrangements with your agent or broker„
For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with
your business, please go to ht1p:11www zurichna.com. Click on the Information fink located on the Agent/Broker
Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to
view this Information. Alternatively.you may call(877)347.6465 to obtain this type of information.
Thank you.
Access Code- 2016034474
CONTRACT
eO19{Iget
U-RET•E4jD2-ACV1 (I 24M
Fago 1 of t
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.
of Surety Agent's Original Power of Attorney must be attached hereto.
Note� Date of Performance Bond must not be prior to date of contract.
END
(Rev Date May 2011) Performance Bond Page 3 of 3
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
C�r
C h np�1 Ili PURCHASING DIV CITY OF CORPUS Cf RISTI
DISCLOSURE OF N TEREST
City. of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
to provide the followin
business with the City info rrn iation. Eve question must be answered-, If the
g
question is not applicable, answer with ONA". bee reverse side for ing Requirements, Certifications and
efinitions.
COMPANY NAME- A. Or iz ConSLrLCt701- Lq Fusin,
P. O. BOX,
STREETADDRESS, IC-, %irport rd CITY:Corpl-� (,hrist ` ZIP
FIRM IS: I Corporation En 2. Partnership 3.Sole owner f7
4 Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet,
1 State the names of each 'employee" of the City of Corpus Christi having an 'ownership interest'
constituting 3% or more of the ownership in the above named 'firm,'
Name
Job Title and City Department (if known)
2. State the names of each 'official' of the City of Corpus Christi having an "ownership interest'
constituting 3% or more of the ownership in then named "firm.'
Name Title
3. State the names of each 'board member of the City of Corpus Christi having an 'ownership anterest'
constituting 3% or more of the ownership in the above named'firm.'
Name Board, Commission or Committee
---------------- ...........
.......... ......
A, State the names of each emplo ee Of of of a "consultant'for twee of Corpus Christi who worked
on any matter related to the su9ject of this contract and has an 'ownership ..interesto constituting 3% of
more of the ownership in the above named"Firm.'
Name Consultant
. . ....................... --—- - -—.-----
.. ........
. ............
FILING REQUIREMENTS
11 a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action will
have on members of the Ublic in general or a substantial segment thereof, you shall disclose that fact in
,e
a signed writin to the i official, employee or body that has been r uested to act in the matter, unless
the interest of K City ociial or employee in the matter is apparent. T a disclosure shall also be made in
a signed ITI
writing filed with the City Secretary. (Ethics Ordinance Section 2-349 (d))
CERTIFtCATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will he
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person. R a u I r t -, Z
()Pe fir C E r t��:i i(1,�_n t
-I
Signature of Certifying Dale:
Person,
-/21 1/13
DEFINITIONS
a. 'Board member,,' A member of any board, commission, or committee appointed by the City Council
of the City of Corpus Christi, Texas,
b 'Economic benefit", An action that is likely to affect an economic interest if if is likely to have an effect
on that interest that is distinguishable from its effect an members of the public in general or a
.substantial segment thereof,
'Employee ' Any Person employed by the City of Corpus Christi,, Texas either on a full orpar`-time
oasis, but not as an independent contractor.,
d 'Pirr
m ' Any entity operated for economic gain,, whether professional, industrial or commercial, and
,,vhether established to produce or deal with a product or service,, 'including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations,
e. 'Official.'The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,
.texas.
f 'Ownership Interest.' Legal or equitable interest, whether actually or constructively neld, �n -a Prm,
including when such interest is held through an agent, trust, estate, or holding antity, 'Constructively
held" refers to holdings or control established through -voting trusts, proxies, or special terms ic,-)f
venture or Partnership agreements.,
9. 'Consultant,'Any person or firm, such as engineers and architects, hired by the City of Corptl.as e2,,hrista
for the Purpose of professional consultation and recommendation.
DA IMMtDDMYM
10/2212013
T i$ C TIFIC T IS Iss F C aTION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
G I [CAT LIES T IR A iVELY GR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
ELO T IS C TIFIC I C T
CONSTITUTE A CONTRACT BETWEEN THE ISSUING I (S), AUTHORIZED
S TTIV P C ,A E C TI [CAT
OLDER.
I TA if the ce Cata h l or son AL INSURED,the lic (ies)must be endorsed. If T! 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 endorsements.
PRODUCER FAOTE ACT
:
Santner and Gordon Insurance Agency E FAX
Higginbotham Company L AIC N_PO o 7 CO Us CI1rISII X 784 3-0870 INSURER S AFFORDING COVE GE ,C N ER A
INSURED TIZ1 rNSURER V r
A. Ortiz Construction Paving, Inc. INSURER c
102 Airport oa
Corpus Christi TX 78405 INSURER D:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1 0327 REVISION
THIS IS TO CERTIFY THAT THE POLECIE5 F INSU C LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDI N ANY EOUI E E TERM O CONDITION OF A CO CT OR OTHER DOCUMENT I RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED MAY PERTAIN, E INSU NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„
EXCLUSIONS AND CONDITIONS OF SUCH OLICEES.LIMITS SHOWN Y HAVE BEEN REDUCED Y
TNSR PAID CLAIMS.
_LTR TYPE OF INSURAN E I R POLICY NUMBER + POLICY EFF POLICY EXP
MR76 MMlDD ITS
A GENERAL lJ I 5GA824846 0128!2012 012912013 EACH OCCURRENCE 51" %000
X COMMERCIAL GENERAL LIABILITY ___--
P I rr n S100, 0
CLAIMS-MADE x OCCUR EO EX Pan person 55,000 PERSONAL&ADV INJURY S1.000,000
GENERAL AGG GATE S2,OWN0,000
G L AGGREGATE LIMIT APPLIES PER
B
POLICY X O LOC PRODUCTS-COMPIOP AGG $2
A00,000
S
AUTOMOBILE LIABILITY
AP 987502 4/29/2012 0!2912013
Nr l 1 40 x ANY A OINJURY(Per person?I S
ALL O ED x SCHEDULED AUTOS AU S INJURY[Per accident) S
X AUT':D NEO HIRED AUTOS AUTOS TY 0 GE 5
S
C X UMBRELLA OCCUR UB550967602 0129/2012 01291201 CH OCCURRENCE 51,440,0
LESS LIAR CLAIkt5 ti
AGGREGATE S1.00%000
OEO X
REMMNTION s 10.404
S
D WORKERS COMPENSATION I ILI F4 1185671 10/2912012 0!2912413 70ISEASE OTH-
AD EMPLOYERS*LIABILITY Y f Y PRO IETO THE ECUT OFFIC EMBER EXCLUDED? l A S1.400,400
[Mandatay in N )If d crSbe untler EMPLOYE $1,000.0 D SCRIPTION OF OPERATIONS below LICY LIMIT 51,000,0
Q
DESCRIPTION OF OPERATIONS/LOCATIONS IVEHICLES [Attach ACORD 1 01"Addillonal Remarks Schedule,If more space is required)
See Acord 101 Form attached for additional polic coverages and provisions.
Project #E12143 Lifecycle Curb and Gutter Repacement FY 2013
See Attached—
CERTIFICATE HOL CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS.
Department of ngineerin Services
Attn:Contract Administrator 1 P.O. ox 9277 AUTHORIZED R PRESeNTATrVE
Corpus Christ!TX 78469-9277 e/
ACORD 1988-2010 ACORD CORPORATI II rights reserved.
5(2010/05) The ACORD name and logo are registered r
LOC#:
ACCOR0 ADDITIONAL REMARKS SCHEDULE Page 1 of
AGENCY NAMEDINSURED
Swantner and Gordon insurance Agency A.Ortiz Construction&Paving, Inc.
POLICY NUMBER 102 Airport Road
Corpus Christi TX 78405
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER- 15- FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
The Commercial General Liability policy includes an endorsement providing that 30 day's notice of cancellation will be fumished to the
certificate holder except 10 days notice of nonpayment of premium,(Texas changes-Amendment of Cancellation Provisions Or Coverage
Change-CG 02 0512 04)
The Commercial Auto policy includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder
except 10 days notice of nonpayment of premium.(Cancellation Provision Endorsement-IL R026 0112)
The Workers Compensation policy includes an endorsement providing that 30 days`notice of cancellation will be furnished to the certificate
holder except 10 days notice of nonpayment of premium.(Texas Notice of Material Change Endorsement WC 42 06 01 ED 0194)
ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AUENCY CUSTOMER ID: ORTIZ1
L #:
ACCORIDO ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
Swantner and Gordon Insurance Agency A.Ortiz Construction&Paving, Inc.
POLICY NUMBER
102 Airport Road
CARRIER NAIC CODE Corpus Christi,TX 78405
EFFECnVEDATE, 10129/2012
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 15- FORM TITLE: Certificate of Liability Insurance
General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is
a written contract between the named insured and[he certificate holder that requires such status,Additional Insured®Owners,Lessees or Contractors-
Automatic Status(Including Completed Operations), form CG 8029 0509,which coverage is primary&non-contributory if required in written contract,
General Liability policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the
named insured and the certificate holders that requires it.Waiver of Transfer of Rights of Recoveiry Against Others to Us,form CG R029 0509,
Business Automobile policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when
there is a written contract between the named insured and the certificate holder that requires such status,Form CA 8041 1010.
Business Automobile policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between
the named insured and the certificate holders that requires iL Waiver of Transfer of Rights of Recovery Against Others to Us,form CA R002 0202.
Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written
contract between the named insured and the certificate holder that requires it.Texas Waiver of our Right to Recover From Others Endorsement Form
W04203 04A(Ed, 1-01®2 00),
ACORD 101 (2008101) C 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER BAP 5509675 02 COMMERCIAL AUTO
CA
11 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
� ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage For apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 1012912012 Countersigne y:
Named Insured: A O Z CONSTRUCTION&
PAVING INC
ntative
SCHEDULE
Name and Address of Additional Insured:
Any person(s) or organizations(s) who is required by written agreement, written contract, or written permit to be
added as an additional insured.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Who Is An Insured (Section 11) is amended to C. You are authorized to act for the additional insured
include as an "insured" the person(s) or organiza- named in the Schedule or Declarations in all mat-
tion(s) shown In the Schedule, but only with re- ters pertaining to this insurance,
sect to their legal liability for acts or omissions of D. We will mail the additional insured named in the
a person for who Liability Coverage is afforded Schedule or Declarations notice of any cancella-
under this poly tion of this policy. If we cancel, we will give notice
B. The additional insured named in the Schedule or to the additional insured as required by state law.
Declarations is not required to pay for any premi- If state law does not require notice of cancellation
ums stated in the policy or earned from the policy, to the additional insured, this endorsement will not
Any return premium and any dividend, if applica- provide such notice.
ble, declared by us shall be paid to you When coverage to additional insured is provided
on a blanket basis, above Provision D. does not
apply,
E. The additional insured named in the Schedule or
Declarations wilt retain any right of recovery as a
claimant under this policy
CA R041 10 10 Includes copyrighted material of Insurance Services Office, Inc.:,, Page 1 of 1 13
with its permission
POLICY NUMBER'BAP 5509675 02 INTERLINE
IL R026 01 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE
CANCELLATION PROVISION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE
COMMERCIAL GENERAL LIABILITY COVERAGE
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY T
CONDOMINIUM DI C I LIABILITY
CRIME AND FIDEL11-Y COVERAGE A
LIQUOR LIABILITY'
CONTRACTORS OWNERS AND IE LIABILITY COVERAGE T
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement,
This endorsement c a a the policy effective on the inception date of the policy unless another date is indicated
below,
Endorsement Effective 10/29/2012 Countersign
..................
Named Insured A. ORTIZ CONSTRUCTION
PAVING INC
�n .., Authorized Re re ntatuve'
SCHEDULE
Number Notice:
(a) Non-payment of premium'. 10 days
Any reason other than non-payment of premium:30 days
Name Of Person Or Organization.Person(s) or organization(s) who by written contract, written
agreement, or written permit requires a notice cancellation.
Address'.
If this policy is canceled by us, we will mail notice of cancellation to the person or organization named in the
Schedule. We will give the number of days notice indicated in the Schedule,
IL R026 01 12 Includes copyrighted mat rial of Insurance Services Office, Inc Page 1 of 1
with its permission
w m
POLICY NUMBER: CKP 5648,248 fir:`„ COMMERCIAL GENERAL LIABILITY
CG 02 05 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES - AMENDMENT OF CANCELLATION
PROVISIONS OR COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage
Part, we agree to mail prior written notice of cancellation or material change to:
SCHEDULE
1. Name: CITY OF �^'EU-"F Up S ��;ip,,,,pi t'�ry�:ay^�T I
[)EP T. '0.,,,P1"„'” d���e B�Rd�'WI A�'W "x A..:�lkF:C.&�"�"�'';R
2. Address: 1"0 Elm 9277
: US &,-HR STI, TX x,,(9465".
3. Number of days advance notice:
y 3,,
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 02 05 12 04 0 ISO Properties, Inc., 2003 Page 1 of 1 p
® WORKERS'COMPENSATION AND EMPLOYERS
Ual LIABILITY INSURANCE POLICY
■
�QUPMY WC 42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
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 indirecUy to benefit anyone not named In the Schedule.
/ Schedule
1, Number of days advance notice: 30
2. Notice will be malied to:
CITY OF CORPUS CHRISTI
DEPT OF ENGINEERING SERVICES
/ P .O. BOX 9277
CONTRACT ADMINISTRATOR
CORPUS CHRISTI , TX 78489-9277
This endorsement changes the policy to which K Is attached effective on the kiception date of the policy unless a different data 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 10/22,113 at 1241 A.M.standard time,farms a part of
Policy Nox TSF00011e of the Texas Mutual Insurance Company
Issued to A. Ortiz ConstructiDn Paving,, inc_
Endorsement No.
-P
/�!
Premium$ �y�� l/f�
-14�
Authorized Representative
WC420601(ED.1.94)
INSURED'S COPY
Policy No: CMP564624806 COMMERCIAL GENERAL LIABILITY
In CG R029 05 09
Insured: A. Ortiz Construction & Paving, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REPUBLIC PLUS+ GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. SECTION I- COVERAGES
1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
a. Exclusions
1. Exclusion 2.a. Expected Or Intended Injury is deleted in its entirety and replaced by:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the
insured. This exclusion does not apply to "bodily injury" or "property damage" resulting
from the use of reasonable force to protect persons or property.
2. Exclusion 2.f.Pollution is deleted in its entirety and replaced by:
f. Limited Pollution Liability
"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of"pollutants":
(i). At or from any premises, site or location which is or was at any time used by or for any
insured or others for the handling, storage, disposal,processing or treatment of waste;
(ii). Which are or were at any time transported, handled, stored, treated, disposed of or
processed as waste by or for:
1. Any insured; or
2. Any person or organization for whom you may be legally responsible;
(iii). At or from any premises, site or location on which any insured or any contractors or
subcontractors working directly or indirectly on any insureds behalf are performing
operations if the operations are to test for, monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond to,or assess the effects of, "pollutants"; or
(iv). At or from a storage tank or other container, ducts or piping which is below or partially
below the surface of the ground or water or which, at any time, has been buried under the
surface of the ground or water and then subsequently exposed by erosion, excavation or
any other means if the actual, alleged or threatened discharge, dispersal, seepage,
migration, release or escape of "pollutants" arises at or from any premises, site or
location:
a. Which is or was at any time owned or occupied by, or rented or loaned to, any
insured; or
b. Which any insured or any contractors or subcontractors working directly or
indirectly on any insureds behalf are performing operations if the"pollutants" are
brought on or to the premises, site or location in connection with such operations
by such insured, contractor or subcontractor.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, IInc.,with its Page 1 of 7
permission
w
r
Subparagraph (iv). does not apply to "bodily injury" or "property damage" arising out of
heat,smoke or fumes from a"hostile fire".
(V). Any loss, cost or expense arising out of any:
1. Request, demand, order or statutory or regulatory requirement issued or made
pursuant to any environmental protection or environmental liability statutes or
regulations that any insured test for, monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants";
or
2. Claim or suit by or on behalf of a governmental authority for damages because of
testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or
neutralizing or in any way responding to or assessing the effects of, "pollutants".
3. However, this paragraph does not apply to liability for those sums the insured
becomes legally obligated to pay as damages because of"property damage"that the
insured would have in the absence of such request, demand, order or statutory or
regulatory requirement, or such claim or "suit" by or on behalf of a governmental
authority.
(vi). The most we will pay for "bodily injury" or "property damage" arising out of the actual,
alleged or threatened discharge, dispersal, seepage, migration, release or escape of
"pollutants" is$10,000 in any one occurrence regardless of the number of:
1. Insureds;
2. Claims made or"suits" brought; or
3. Persons or organizations making claims or bringing "suits".
3. Exclusion 2.g. Aircraft, Auto Or Watercraft, (2) is deleted in its entirety and replaced by:
(2) A watercraft you do not own that is:
(i). Less than 51 feet long: and
(ii). Not being used to carry persons or property for a charge;
4. Fire, Lightning, Explosion and Sprinkler Leakage
a. If Damages to Premises Rented to You is not excluded under the policy the following applies:
b.The last subparagraph of paragraph 2. Exclusions of SECTION I - COVERAGES,
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and
replaced by:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion or "sprinkler
leakage"to premises while rented to you or temporarily occupied by you with the permission
of the owner. A separate limit of insurance applies to this coverage as described in
SECTION III -LIMITS OF INSURANCE.
c. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced
by:
Subject to Paragraph 5. above, the Damages to Premises Rented to You Limit is the most we
will pay under Coverage A for damages because of"property damage" to any one premises ,
while rented to you or temporarily occupied by you with permission of the owner, arising out
of damage by fire, lightning, explosion or"sprinkler leakage".
d.Subject to all the terms of SECTION III -LIMITS OF INSURANCE, the Damages to Premises
Rented to You Limit is the greater of.
(i). $300.000; or
(ii).The amount shown in the Declarations for Damages to Premises Rented to You Limit.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 2 of 7
permission
e. Paragraph 4.b.(1).(ii). of SECTION IV-- COMMERCIAL GENERAL LIABILITY CONDITIONS
is deleted in its entirety and replaced by:
(i). That is Fire, Lightning, Explosion, "Sprinkler Leakage" or any similar insurance coverage
for premises rented to you or temporarily occupied by you with permission of the owner;
2. COVERAGE C MEDICAL PAYMENTS
Insuring Agreement
a. Subject to the terms of SECTION III — LIMITS OF INSURANCE, unless otherwise excluded, the
Medical Expense Limit is the higher of:
1. $10,000 any one person; or
2. The amount shown in the Declarations for Medical Expense Limit.
b. Paragraph 1.a.(3).(b), is deleted in its entirety and replaced by:
(b) The expenses are incurred and reported to us within two years of the date of the accident;
and
3. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B
Paragraph 1.b. Is deleted In its entirety and replaced by:
(b) Up to $2„500 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
B. AGGREGATE PER LOCATION
This Coverage Extension does not apply if CG 25 03 DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT or CG 25 04 DESIGNATED LOCATIONS(S) GENERAL AGGREGATE
LIMIT are attached to this policy.
The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You, Medical
Expense and General Aggregate apply per"location” or construction project.
1. For all sums which the insured becomes legally obligated to pay as damages caused by -occurrences"
under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE, and for all
medical expenses caused by accidents under SECTION I- COVERAGES, COVERAGE C MEDICAL
PAYMENTS, which can be attributed only to ongoing operations at a"location'or single construction project
a. The most we will pay will be capped at$5,000,000, regardless of the number of:
1. "Occurrences";
2. Insureds;
3. Claims made or"suits" brought:
4. Persons or organizations making claims or bringing"suits
5. Locations; or
6. Construction projects.
b. Subject to B.(1).a. above:
1. The General Aggregate Limit shown in the Declarations applies separately to each -iocalion" or
construction project.
2. Any payments made under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE for damages or under SECTION I- COVERAGES, COVERAGE C
MEDICAL PAYMENTS for medical expenses shall reduce the General Aggregate Limit for that
"location" or construction project. Such payments shall not reduce the General Aggregate Limit
for any other"'location or construction project.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 3 of 7
permission
3. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You
and Medical Expense continue to apply to each "location" or construction project, subject to the
General Aggregate Limit
2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,
and for all medical expenses caused by accidents under SECTION I- COVERAGES, COVERAGE C
MEDICAL PAYMENTS, which cannot be attributed only to a "location" or ongoing operations at a single
construction project, any payments made under COVERAGE A for damages or under COVERAGE C for
medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-
Completed Operations Aggregate Limit, whichever is applicable; this reduction is not applicable to any
identifiable "location"or identifiable construction project.
3. When coverage for liability arising out of the `products-completed operations hazard" is provided, any
payments for damages because of "bodily injury" or ""property damage" included in the "products-completed
operations hazard" wiii reduce the Products-Completed Operations Aggregate Limit, and not reduce the
General Aggregate Limit.
4. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project
will still be deemed to be the same construction project.
C. SECTION 11-WHO IS AN INSURED
1. Newly Acquired Or Formed Organization
Paragraph 3. a. is deleted in its entirety and replaced by:
a. Coverage under this provision is afforded only until the 184`"day after you acquire or form the
organization or the end of the policy period, whichever is earlier;
2. Additional Insureds
a. Owners,Managers,Contractors And Lessors Of Equipment
Who Is An Insured is amended to include as an additional insured any person or organization, other
than a controlling interest or vendors, you are required by written agreement or written contract or
permit to include as an additional insured, but only with respect to liability for "bodily injury", "property
damage" or"personal and advertising injury"caused, in whole or in part, by:
1. Your acts or omissions in the performance of your ongoing operations for the additional insured; or
2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations
for the additional insured, or
3. Maintenance or use of equipment leased or rented from such additional insured(s);or
4. Maintenance or use of that part of any premises leased or rented to you: or
5. Maintenance or use of that part of any premises owned by you; or
6. Maintenance or use of any premises owned by you but leased or rented to others.
b. Controlling Interest
Who is An Insured is amended to include as an additional insured any person(s) or organization(s)
with a controlling interest in the Named Insured, but only with respect to their liability arising out of:
1. Their financial control of the Named Insured; or
2. Premises they own, maintain or control while the Named Insured leases or occupies these
premises.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by or for such additional insured.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 4 of 7
permission
c. Vendors
Who Is An Insured is amended to include as an additional insured any person or organization
(referred to below as vendor) with whom you agreed under a written contract or written agreement to
provide insurance, but only with respect to "bodily injury'' or "property damage" arising out of "your
products" which are distributed or sold in the regular course of the vendor's business, subject to the
following additional exclusions:
The insurance afforded the vendor does not apply to:
1. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
2. Any express warranty unauthorized by you;
3. Any physical or chemical change in the product made intentionally by the vendor;
4. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing
or the substitution of parts under instruction from the manufacturer, and then repackaged in the
original container;
5. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business in connection with the
distribution of the products;
6. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product; or
7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor.
8. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts
or omissions or those of its employees or anyone else acting on its behalf. However, this
exclusion does not apply to:
a. The exceptions contained in sub-paragraphs C.2.c.(4).or C.2.c.(6). of this Coverage Extension;
or
b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the distribution
or sale of the products.
9. Any person or organization from whom you have acquired any products, including any ingredient,
part or container entering into, accompanying or containing"your products".
3. Exclusions applicable to all Additional Insureds:
a. This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury"
arising out of the rendering of or the failure to render any professional services by you or on your behalf
but only with respect to any of the following operations:
1. The preparing, providing, approving, or failing to prepare, provide or approve, maps, shop
drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;
or
2. Providing, or hiring independent professionals to provide, engineering, architectural or surveying
services in connection with construction work you perform.
3. Supervisory, inspection, architectural or engineering activities.
Professional services do not include services within construction means, methods, techniques,
sequences and procedures employed by you in connection with your operations in your capacity as a
construction contractor.
b. This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury"
not caused, in whole or in part, by you or by those acting on your behalf.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc., with its Page 5 of 7
permission
c. This endorsement does not apply to any railroad named as an additional insured whether by
agreement, contract or permit.
d.This insurance does not apply to b�o ily injury or "property damage" occurring after leased or rented
equipment is returned to the lessor.
e. This insurance does not apply to"bodily injury"or"property damage"occurring after:
1. All work, Including materials, parts or equipment furnished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or an behalf of the
additional insured(s) has been completed; or
2. 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 subcontractor engaged in
performing operations for a principal as a part of the same project.
IF. This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in
any premises for which anyone has been included as an additional insured.
g.This insurance does not apply to structural alterations, new construction or demolition operations
performed by or on behalf of the additional insured at any premises in which you are a tenant; unless you
are performing such operations and are required by written contract or agreement to include the premises
owner or manager as an additional insured.
h.This insurance does not apply to "bodily injury" or "'property damage" arising out of the "products -
completed operations hazard".
i. "Bodily injury" or "property damage" occurring before the signing of the contract or agreement, or the
issuance of the permit, requiring the person or organization to be added as an additional insured.
D. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS
1. Duties In The Event Of Occurrence, Offense, Claim Or Suit
a. Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit is deleted in its entirety
and replaced by:
1. You must see to it that we are notified as soon as practicable of an -occurrence" or an offense
which may result in a claim. Knowledge of an "occurrence` or an offense by your "employees"
shall not, in itself, constitute knowledge to you unless you. your partners "executive officers"'
directors, insurance manager or risk manager shall have actually received notice. To the extent
possible, notice should include:
a. How, when and where the"occurrence" or offense took place;
b.The names and addresses of any injured persons and witnesses; and
c. The nature and location of any injury or damage arising out of the"occurrence"or offense.
b. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
1. If you fail to give us notice of an "occurrence". offense, claim or suit", soVy due to your
reasonable and documented belief that the "bodily injury" or "property damage" is not covered
under this policy, we will not deny coverage under this policy solely because of such failure.
2. Representations
The following is added to paragraph 6. Representations
a. If you should unintentionally fail to disclose all existing hazards at the inception date of this policy, we
will not deny coverage under this policy solely because of such failure.
b. This provision does not affect our right to collect additional premium or to exercise our right of
cancellation or non-renewal.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 6 of 7
permission
e f
3. Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogation)
The following is added to this clause:
If a written agreement, written contract or permit requires that you waive any right of recovery against any
person or organization we also waive any right of recovery we may have against that person or
organization because of payments we make for injury or damage arising out of"your work"for that person
or organization.
4. The following are added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS:
a. Primary Insurance-Non Contributing
1. When required in writing by an agreement, contract or permit with any additional insured, the
insurance afforded to such additional insured is primary. Other insurance listing such additional
insured as a named insured in the declarations will apply as excess and not contribute as primary
to the insurance afforded by this endorsement.
b.Any agreement, contract, lease or permit requiring:
1. You to include any person or organization as an additional insured; or "
2. You to waive your rights of recovery against any person or organization; or
3. That this insurance be primary.
4. must be signed prior to an"occurrence"or offense.
E. SECTION V-DEFINITIONS
1. Paragraph 9. a. "Insured contract" is deleted in it's entirety and replaced by:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, lightning, explosion or "sprinkler leakage" to
premises while rented to you or temporarily occupied by you with permission of the owner is not an
"insured contract";
2. The following definitions are added:
a. "Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad,
b."Sprinkler Leakage" means the accidental leakage or discharge of any fire extinguishing or fire
suppression substance from an automatic sprinkler system or other automatic fire extinguishing system or
automatic fire suppression system; it does not include the discharge of any automatic sprinkler or
automatic fire extinguishing system or fire suppression system that discharges in response to a fire.
CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc., with its Page 7 of 7
permission