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HomeMy WebLinkAboutC2015-338 - 7/21/2015 - Approved 2015-338 7/21/15 . . . , _ .,. _ , .. . ,; _.>., Ord. 030561 McNamee Landscape and Nursery CONTRACT DOCUMENTS FOR CONSTRUCTION OF t. CommunityParkDeveIopm [ :. . _ _ _ .: Improvements — La Retama . ,,,,,kkV.D Ai?- Bond 2012p..., • ,, .�\Q J.tt,t,ti(, . E 1211.5 . � '1 ..4";t ',AriDSC4 ,•;i4 ul 1 T �ip I OF .. ' t •� Cityol Corpus + -,- * -1st,. (-11. .ri_ ,.. TURNER, RAMIREZ & ASSOCIATES, INC. 1/22/2015 t xts {l Record Drawing Number CP-202 i1 L1 L00 9101 ADDENDUM NUMBER 02 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS Project Number: Project: —LA RETAMA E12115 LOwner: City of Corpus Christi CityL � Engineer: Jerry Shoemaker,P:E• Y. Designer Turner,Ramirez&Associates,Inc. Specification Issue Addendum No. 02 Section: 00 9101 Date: 02/17/15L Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive Land serve as the basis for rejecting the Bid. Make the additions,modifications or deletions to the Contract Documents described in this IAddendum. Approved by: (Designer] iiip Turner,Ramirez& Associates, Inc. 02/17/15 Name Date ED „p, � Addendum Items: `�t!'�� LThis addendum extends the Bid Date to February 25,2015,the Ltime and location remain the same. 1!.'�• ���,y, �� -110 ' •• 44 Attachment No. 1—Revised Specification Section 0011 16 .- Attachment No.2—Revised Specification Section 00 30 00 y •?9,”1.•• -- , I 0-. 2/17/Z+1S Li Turner, Ramirez&Associates,Inc. jRegistration Number. BR1669 Approved by: Turner, Ramirez&Associates, Inc. L �''/��� �► i?,FIs'' Nam ,014 L Name Date ARTICLE 1—BIDDING REQUIREMENTS A. SECTION 0011 16 INVITATION TO BID—Article 7:(Attachment#1) Li. Addendum No.02 00 9101-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 REV 0402-2014 L 1. This addendum extends the bid Date to February 25,2015,the time and location remain the same. 8. SECTIONF 00 30 00 BID FORM:. (Attachment#2) 1. This addendum extends the Bid Date to February 25,2015,the time and location remain the same. ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. N/A ARTICLE 3-MODIFICATIONS TO THE DRAWINGS N/A ARTICLE 4—CLARIFICATIONS N/A L END OF ADDENDUM NO. 02 L L I L I L L Addendum No.02 00 91 01-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 ' REV 0402-2014 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner)is requesting Bids for the construction of the following Project: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Owner's Prolect Identification No.E12115 r Community Park Development and Improvements—La Retama: La Retama Park is centrally located downtown and just below the bluff transition to uptown. The park is triangular in shape filling the angle between Peoples Street to the north and Schatzell Street to the south.The long axis of the park runs east and west with N. Mesquite Street at the wider west end and a tunnel entrance at the narrow east end. The Downtown Management District has used the park to serve as a hub for an expanding cultural events such as ArtWalk. The event utilizes the majority of the park to setup vendor tents for the display and sale of arts and craft pieces. A small concrete slab at the east end of the park is used to stage dramatic and musical performances.The tunnel Is used as an art gallery for student artwork. The increased foot traffic of this monthly event poses an ongoing expense for the City to maintain the park's existing ground surface and could be detrimental to the park's usefulness,if not addressed. The I objective of this bond project is to provide improvements to La Retama Park that reduce the maintenance requirements of Its current use,enhance its attractiveness,and offer amenities for its Lcontinued use as a public outdoor venue. Major elements of this project include: • Demolition of existing sod and landscaping Li • New stabilized decomposed granite surface • New landscaping&irrigation systems iii • New lighting&electrical connections(Add Alternate Number 1) • New site furnishings(Add Alternate Number 2) I . • Drinking Fountain • French Drain I • Concrete Band • Park Sign • Trash/Recycle Receptacles • Per Litter Station • Bike Rack Historical Marker L1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$65,095.71. The Project is to be substantially complete and ready for operation within one hundred and twenty(120) Invitation to Bid 00 11 16-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDENI' YIVI ATTACHMENT NO.1 ft LPage 1 of 4 L L I days. The Project is to be complete and eligible for Final Payment 30 days after the date for L Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: Lhttp:/www.cctexas.cam/business/supplierportal 1 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. L 2.03 This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. LARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on February 10"'2015 at 2:00 pm at the following location: L City of Corpus Christi—City Hall,3rd Floor,Capital Programs Conference Room 1 1201 Leopard Street Corpus Christi,Texas 78401 City Hall Building—Capital Programs Conference Room 1 or 2 3'd floor.Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 i ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS L4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the Lbenefit of all Bidders. Responses will be posted for questions submitted by noon seven(7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract _: LDocuments will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the ' Owner will be binding. Oral and other interpretations or clarifications will be without legal Leffect. L Invitation to Bid 00 11 16-2 LCOMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDEN15tYI'1iiCr ATTACHMENT NO.1 Page 2 of 4 ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. 5.04 Disadvantaged Business Enterprise participation goal for this Project has been established to be 25%of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principars bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 7. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DEUVERY OF BIDS 7.01 Sealed Bids(hard copy)must be submitted to the City Secretary's Office(City Hall Building, 1st Floor, 1201 Leooard Street,Corpus Christi.Texas 784011 no later than 2:00PM,Wednesday- February 25"',2015 to be accepted. The Bids will be publicly opened and read aloud at this time Invitation to Bid 0011 16-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDENrieltMcil ATTACHMENT NO.I Page 3 of 4 I• L at the City Council Chambers or Staff Room, 1g floor of the City Hall Building.. Bids received after this time will not be accepted. Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS-LA RETAMA Bond 2012,Project No.E12115 7.02 Bids will be publicly opened and read aloud at 2:OOPM,Wednesday—February 25th,2015,at the following location: I City Hall Building- City of Corpus Christi First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance,including Workers'Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION Invitation to Bid 00 11 16-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS-LA RETAMA 1 22-2015 E12115 ADDEN' �: ATTACHMENT NO.1 Pape 4 of 4 I I L00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:February 25th,2015 by 2:00 pm. 1 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office is 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA(Bond 2012) Project No.E12115 1 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS F' 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in is Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the c Agreement or as modified by Contract Amendment and comply with the all other terms and Li conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to1 L Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its Lii failure to complete Work in accordance with the schedule set forth in the Agreement. I 2.04 Bidder acknowledges receipt of the following Addenda: I 11 i ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related Ldata identified in the Bidding Documents. Bid Form 00 3000-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDE'.r. 0. ATTACHMENT NO.2 P=.e1of6 • L 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; 11:1 B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. L Bid Form 00 3000-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDED'' ATTACHMENT NO.2 Page 2 of 6 L L 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. L 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ Add Alternate 1 $ Add Alternate 2 $ i The Bidder selected for award of the Contract will be the Lowest responsible Bidder that submits a responsive Bid.Owner will,at its discretion,award the contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. LARTICLE 5—EVALUATION OF BIDDERS L 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In additionL ,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such ,; misstatement,if discovered after award of the Contract to such Bidder,may be grounds for Limmediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. i ., Bid Form 00 3000-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDEARMR659 ATTACHMENT NO.2 LPage 3 of 6 • Li , Li , ARTICLE 6—TIME OF COMPLETIONI 6.01 Bidder will complete the Work required to be substantially completed within one hundred and twenty_days(120)days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within one hundred and fifty(150)days after the date when the Contract limes commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. I ARTICLE 7—ATTACHMENTS TO THIS BID L 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE. IF. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. IARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the j= Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. IARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. IARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification Inumber in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in rthis manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the LBid Form. Bid Form 00 30 00-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDEItWIbI ' ATTACHMENT NO.2 F. Page 4 of 6 L 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id.No. Address for giving notices: L Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) Bid Form 00 3000-5 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 ADDE ATTACHMENT NO.2 P 5of6 � \ L / ? END OFSECTION � \ I _ Bid Form 003 6 COMMUNITY PA R DEVELOPMENT ANDIMPROVEMENTS-LARETAMA 1-22-2015 E12115 •. 4'"a", 2 \ ATTACHMENT NO.2 Page 6 of 6 I / r, I L / L \ L L L I I I I I I ,. IL i 00 91 01 ADDENDUM NUMBER IL ICOMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS Project Number: Project: -LA RETAMA E12115 I Owner: City of Corpu iristi City Engineer: Jerry Shoemaker, P.E. i.f '' I - Designer: Turner, Ramirez&Associates,Inc. Specification Issue ;3 I —Addendum No. _ 01 Section: 0091 01 Date: 02/41/15 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive I and serve as the basis for rejecting the Bid. Make the additions,modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer) Turner, Ramirez & I Associates, Inc. 02/12/15 Name Dote ----..____.-__------ Addendum Items: I 1. Revised Specification Section 00 01 00 - • 2. Revised Specification Section 00 72 02 1rc.RED ."0.6 ', ' 3. Added Specification Section T 32 19 00 ' in - �\- �• /.'.. I 4. Revised Sheet G-1.0 �� 5. Added Sheet G-2.0 /� 6. Added sheet G-2.1 ' 1 �� 7. Added Sheet G3.0 , ,p,. 8. 209,10F ���.5 8. Revised Sheet L-3.0 9. Revised Sheet L-5.1 Z/12/Ze f r* IPre-bid meeting had no contractors in attendance I Turner, Ramirez&Associates, Inc. Registration Number:BR1669 Approved by: Turner, Ramirez&Associates, Inc. ' 'te #7.-/Z+4� Ne/ ✓ - --- — I , 1 Addendum No.01 00 91 01- 1 k COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS-LA RETAMA E12115 REV 04-02-2014 ;p ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 01 00 TABLE OF CONTENTS: DELETE: TABLE OF CONTENTS in its entirety. ADD: TABLE OF CONTENTS in its entirety(Attachment#1) B. SECTION 00 11 16 INVITATION TO BID—Article 7: 1. The date for receipt of Bids is unchanged, which is 2:00PM,Wednesday—February 18th, 2015 2. The location for the receipt of Bids is unchanged. C. SECTION 00 72 02 "Wage Rate Requirements"—Article 1: ( ATTACHMENT# 2 ) AMEND: Part 1.04, Section A. Add the following: "TX-40 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges)." ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Add the following Specification Sections (or Technical Specifications): Added Specification Sections(or Technical Specifications) SECTION T32 19 00 SITE CONCRETE (Attachment No. 3) 2.02 AMEND SPECIFICATIONS (OR TECHNICAL SPECIFICATIONS) A. SECTION T31 22 13 "Earthwork and Grading" Addendum No.01 00 91 01- 2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 REV 04-02-2014 AMEND: Paragraph 3.03.A. Add the following: "concrete paving," after"at least 95% under all" AMEND: Paragraph 3.05.A.1 by deleting: "Payment for adjustment of all existing drainage elements (manholes and or catch basins), sewer manholes, valve boxes, meter boxes and clean outs to final finished grades shall be included in the Contract lump sum price for Earthwork and Grading." B. SECTION T32 01 90 "Landscape Maintenance" AMEND: Paragraph 1.02.A. Add the following: "mowing,"after"providing pest and disease control," ADD: New Sub-paragraph 1.05.0 immediately after Sub-paragraph 1.05.B. "Mowing: Submit mowing occurrences to the Architect each time mowings are completed." ADD: New Sub-paragraph 3.02.D1&D2 immediately after Sub-paragraph 3.02.C. "D. Mowing Schedule: 1. Winter- Mow grass to 1-1/2"when it reaches a height of 2-1/2". 2. Other Seasons -Mow grass to 2"when it reaches a height of 3" " AMEND: Paragraph 3.02.H. Add the following: "heads,arcs and radii," after"Adjust and clean all" ADD: New Sub-paragraph 3.03.B immediately after Sub-paragraph 3.03A. "All turf areas shall be completely covered at the time of final acceptance. Turf areas shall be free of all weeds (broadleaf and grass weeds) and shall be mowed to specified height. Low spots and/or bare patches shall be patched with sod. Sod shall be equivalent to the sod used during planting operations." C. SECTION T32 15 46 "Stabilized D.G. Paving/Granular Paving" AMEND: Section Title "Stabilized D.G. Paving/Granular Paving" by deleting: "/Granular Paving" AMEND: Paragraph 1.02.A by deleting: "and Stabilized Granular Paving" DELETE: Paragraph 2.03 in its entirety. AMEND: Paragraph 3.03.B by deleting: "and Granular Paving" AMEND: Paragraph 3.05.A by deleting: "and Granular Paving" D. SECTION T32 84 00 "Landscape Irrigation" Addendum No.01 00 91 01-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 REV 04-02-2014 ADD: New sub-paragraph 3.02.1 immediately after sub-paragraph 3.02.H. "Sprinkler heads: Install heads as shown on the Drawings. Spacing of heads shall not exceed that shown on the Drawings, unless verified in advance with the Architect." AMEND: Former sub-paragraph 3.02.1. (Now 3.02.1) Add the following: "Adjust all heads for arc, radius, riser height, and distribution for uniform and optimum coverage, and eliminate overspray onto paved surfaces and structures.Such adjustments shall include nozzle changes without additional cost to the Owner." after"Coverage Adjustments" AMEND: Paragraph 3.08.A.2 Add the following: "heads and" after "and the re-spacing of" ARTICLE 3 -MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. ADD the following Drawings: Added Drawings �. G-2.0 Traffic Control Plan ( Attachment No.4 ) G-2.1 Traffic Control Plan ( Attachment No. 4 ) G-3.0 Temporary Erosion Sediment and Water Pollution Control Measures (Attachment No.4 ) 3.02 AMEND DRAWINGS A. Drawing [ Sheet No. 1—Cover Sheet ]: 1. Modified List of Drawings to reflect added drawings. B. Drawing [Sheet No. 4 - "Construction Plan"]: 1. Change 1. See Addendum Drawing C. Drawing [Sheet No. 6 - "Construction Details" - Detail 2]: 1. Change 1. See Addendum Drawing ARTICLE 4—CLARIFICATIONS N/A Addendum No.01 00 91 01-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS— LA RETAMA E12115 REV 04-02-2014 END OF ADDENDUM NO. 01 Addendum No.01 00 91 01-5 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 REV 04-02-2014 00 0100 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 0107 Seals Page 00 11 16 Invitation to Bid (Rev 01/23/2015) 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 10/14/2014) 00 61 13 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements 00 72 03 Minority/ MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency Division 01 General Requirements 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 3100 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings Table of Contents 00 0100-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA ATNO.1 ATTACHMENT NO.1 1/22/2015 TACHME E12115 PAGE 1 OF 2 REV 01-23-2015 Division/ Title Section 01 33 03 Record Data 01 33 04 Construction Progress Schedule 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications NOT USED Part T Technical Specifications T-16 01 00 ELECTRICAL GENERAL PROVISIONS T-160600 GROUNDING T-16 07 50 ELECTRICAL IDENTIFICATION T-16 12 30 WIRE AND CABLE T-16 13 60 RACEWAYS T-16 14 00 WIRING DEVICES 1-31 11 13 DEMOLITION T-31 22 13 EARTHWORK AND GRADING T-32 01 90 LANDSCAPE MAINTENANCE T 32 19 00 SITE CONCRETE T-32 15 46 STABILIZED D.G. PAVING/GRANULAR PAVING T-32 84 00 LANDSCAPE IRRIGATION T-32 91 13 SOIL PREPARATION T-32 93 03 LANDSCAPE PLANTING Appendix Title 1 NOT USED END OF SECTION ADDENDUM NO.1 Table of Contents ATTACHMENT NO.1 00 01 00-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA PAGE lOF2 1/22/2015 E12115 REV 01-23-2015 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1—PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. 1.02 RECORDS A. In accordance with Tex. Gov't Code§2258.024,the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003—Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b)—Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058—Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements 00 72 02-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 ADDENDU1NB1T ATTACHMENT NO.2 Page 1 of 2 Wage Determination Construction Type Project Type (WD) No TX-40 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). TX-51 Building Building Construction Projects (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) END OF SECTION Wage Rate Requirements 00 72 02-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 ADDEN6-3I I4Ol f ATTACHMENT NO.2 Page 2 of 2 LA RETAMA PARK SITE CONCRETE -SECTION T32 19 00 PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to the work of this Section. 1.02 DESCRIPTION OF WORK A. Extent: Furnish all labor, material, equipment, tools, and incidentals necessary for the installation of Site Concrete as shown on the Drawings and as specified in this Section. 1. The work includes installation of aggregate base. B. Related work includes but is not limited to: 1. Earthwork and Grading 2. Site Furnishings 1.03 STANDARDS A. Applicable ASTM International Standards (latest revisions) as they apply to this work and related test methods, including: 1. A185/A185M Specification for Steel Welded Wire Reinforcement, Plain, for Concrete 2. A615/A615M Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 3. A775/A775M Specification for Epoxy-Coated Steel Reinforcing Bars 4. C33/C33M Specification for Concrete Aggregates 5. C39 Test Method for Compressive Strength of Cylindrical Concrete Specimens 6. C94/C94M Specification for Ready-Mixed Concrete 7. C136 Test Method for Sieve Analysis of Fine and Coarse Aggregates 8. C143 Test Method for Slump of Hydraulic-Cement Concrete 9. C150/C150M Specification for Portland Cement 10. C173 Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method 11. C260 Specification for Air-Entraining Admixtures for Concrete 12. C309 Specification for Liquid Membrane-Forming Compounds for Curing Concrete 13. C330 Specification for Lightweight Aggregates for Structural Concrete 14. C494/C494M Specification for Chemical Admixtures for Concrete 15. C618 Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete 16. C920 Specification for Elastomeric Joint Sealants 17. C979 Specification for Pigments for Integrally Colored Concrete 18. C989 Specification for Slag Cement for Use in Concrete and Mortars 19. C1240 Specification for Silica Fume Used in Cementitious Mixtures 1.04 SUBMITTALS A. General: Within fourteen (14) days after Notice to Proceed submit the following: B. Product data: All steel reinforcement, sealants, cure, expansion joint filler. C. Aggregate base: Sieve analysis for aggregate base. D. Concrete Mix: Proposed mix design of concrete with proportions of materials FEBRUARY 12, 2015 SITE CONCRETE 100% CONSTRUCTION DOCUMENTATION SECTION T32 19 00 -1 ADDENDUM NO. 1 ATTACHEMENT NO.3 Page 1 of 5 LA RETAMA PARK 1.05 QUALITY ASSURANCE A. Layout Review: Contractor shall stake and layout all paving areas for review by the Architect prior to excavation. B. Inspection: Contractor shall notify the Architect 24 hours prior to placement of any concrete to inspect sub-grade, forms, and reinforcement. C. Tolerances: Tolerances for sub-grade, sub-base and finished grade shall be as specified by the Standard Specifications except that Contractor shall install the aggregate base and concrete to the minimum thickness shown. No combination of high and low tolerances will be permitted. 1.06 TESTS A. Testing and analysis of concrete will be performed under provisions of the Standard Specifications. B. Testing firm may take cylinders and perform slump, compression strength, and air entrainment tests in accordance with ASTM C143, C39 and C173. PART 2 - PRODUCTS 2.01 BASE, FORMWORK, AND REINFORCEMENT A. Aggregate Base: Shall be Type A, Grade 1, in accordance with TxDOT item 247 unless otherwise indicated by the Owner. B. Formwork: Steel or wood, of size and strength to resist movement during concrete placement and to retain straight, true, and to proper elevation, horizontal and vertical alignment until removed. Use forms that are straight and free of distortion and defects. 1. Form ties and similar accessories shall be such that all metal will be at least 1 inch from surface when forms are stripped. C. Reinforcement Bars and Dowels: Deformed steel bars, ASTM A615, Grade 40 for bars #4 and smaller, unless otherwise shown. All reinforcement shall be clean and free of paint and loose rust scale. 2.02 CONCRETE A. Portland Cement: Type-II cement shall conform to the requirements of ASTM C150. B. Coarse aggregate: shall conform to ASTM C33, and Standard Specifications Section 90. Gravel, crushed gravel, crushed rock, or combinations thereof, free from organic matter and other deleterious substances, from an approved source. C. Fine Aggregate: shall conform to ASTM C33, and Standard Specifications Section 90. Natural sand or a combination of not less than 50% natural and manufactured sand, free from deleterious coatings, roots, bark, sticks, rags, and other extraneous material. All fine aggregate shall be thoroughly and uniformly washed. D. Water: used in the concrete mix shall conform to ASTM C94. Water shall be clear and free from injurious amounts of oil, salts, acid, alkali, organic matter, or other deleterious substances. E. Chemical Admixtures: 1. Air Entrainment: Air entrainment agents shall conform to ASTM C260. Use five percent (5%) air entrainment: Manufactured by W.R. Grace, Sika, BASF or approved equal. 2. Water Reducer: shall conform to ASTM C494, Type A, Type D. Manufactured by W.R. Grace, Sika, BASF or approved equal. FEBRUARY 12, 2015 SITE CONCRETE 100% CONSTRUCTION DOCUMENTATION SECTION T32 19 00 -2 ADDENDUM NO. 1 ATTACHEMENT NO.3 Page 2 of 5 LA RETAMA PARK 3. Chemical admixtures shall be at the Contractor's discretion at the time of the pours. F. Color& Finish: As shown on the Drawings. 2.03 CONCRETE MIX DESIGN A. General: Concrete mix shall comply with applicable industry standards for concrete materials, admixtures, bonding materials, curing and other except as noted. B. Strength: Concrete be designated by class based on 28-day compressive strengths when tested in accordance with ASTM C39 and shall be: 1. Class-A (564 lbs of Portland cement per c.y. /3000 psi) for all slabs on grade. Slump shall be not more than four inches (4"). C. Fly Ash: If fly-ash is to be used in the mix, substitute 15% (20% maximum) of Portland cement with fly ash for all classes of concrete, with a substitution rate between 1 to 1-1/2 lb of fly ash to 1 lb of cement, final proportions to be determined by the Contractor. 2.04 CONTROL JOINTS A. Expansion joint filler: 3/8" thick asphalt impregnated fiberboard, shall conform to ASTM D1751. Manufactured by W.R. Meadows or approved equal. B. Joint Sealant: Multi-component, polyurethane sealant, shall comply with ASTM C920 Type M. BASF Sonolastic SL2 self-leveling sealant or approved equal for solely horizontal applications; BASF Sonolastic NP2 sealant or approved equal for horizontal, sloped, and vertical applications. Color to match concrete. PART 3—EXECUTION 3.01 JOB CONDITIONS A. Weather Conditions: Construct concrete surface course only when atmospheric temperature is above 40 degrees F., when the underlying base is dry, and when weather is not rainy. B. Grade Control: Establish and maintain the required lines and grades, including cross-slope during construction operations. C. Protection: Take all steps necessary not to discolor or damage existing improvements. If damage occurs, repair immediately and if repair cannot be made to the satisfaction of the Architect, remove and replace at no expense to the Owner. 3.02 BASE PREPARATION A. Subgrade: See 31 22 13 Earthwork and Grading for sub-grade preparation and compaction requirements. Verify that sub-grade preparation, compacted density and elevations conform to the Specifications. B. Place, spread, and compact the aggregate base. Sprinkle in accordance to TxDOT Item 204 to control dust. Determine the moisture content at the beginning of, and during compaction in accordance with TxDOT Tex-103-E. Compact aggregate base to at least 95% of the maximum density determined in accordance with Tex-121-E, and to a depth as noted on the Drawings. Verify grades to allow for finish paving. If the material fails to meet density requirements, it shall be reworked as necessary to meet these requirements and retested. C. Clear aggregate base surface of all loose or unsuitable material. FEBRUARY 12, 2015 SITE CONCRETE 100% CONSTRUCTION DOCUMENTATION SECTION T32 19 00 -3 ADDENDUM NO. 1 ATTACHEMENT NO.3 Page 3 of 5 LA RETAMA PARK 3.03 INSTALLATION A. Form Construction: Set forms to the required grades and lines, rigidly braced and secured. 1 Install sufficient quantity of forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. 2. Remove forms without damage to the placed concrete. B. Reinforcement: Reinforcement shall be per the Drawings, secured in place. No concrete shall be poured prior to the Architect's inspection. C. Placement: Moisten sub-grade as required to provide a uniform, dampened condition at the time concrete is placed. Place concrete using methods which prevent segregation of the mix, with as little re-handling as possible. Consolidate concrete along the face of forms and adjacent to transverse assemblies, reinforcement, or side forms. Use care to prevent dislocation of reinforcing, dowels, and joint devices. Deposit and spread concrete in a continuous operation be- tween transverse joints. If interrupted for more than 1/2 hour, place a construction/cold joint. D. Control Joints: Construct control joints true-to-line with face perpendicular to surface of the concrete, unless otherwise shown. Construct transverse joints at right angles to the centerline, unless otherwise noted. See Control Joint Types specified herein for specific guidelines. 1. All joints shall be set accurately to grade and straight in alignment as shown on the Drawings. Alignment shall not vary more than 1/8" in 10' length. E. Finishing: After striking-off and consolidating concrete, smooth the surface by screeding and floating. Use hand methods only where mechanical floating is not possible. Distribute concrete as required to remove surface irregularities, and re-float repaired areas to provide a continuous, smooth finish. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise shown. Eliminate any tool marks on concrete surface. 1. After floating, test concrete surface for trueness - maximum 1/8" variation in 10' length in any direction. 2. After completion of floating and when excess moisture or surface sheet has disappeared, complete surface finishing, as specified herein. 3. During finishing, cement shall not be applied to the dry concrete surface. F. Curing: Protect and cure finished concrete, complying with applicable requirements of the Standard Specifications. 1. All concrete shall be cured for at least 7 days after placing. 3.04 CONTROL JOINTS A. Expansion Joints: shall be as constructed as shown on the Drawings. 1. Dowels: grease both ends. 2. Joint fillers: shall be in one-piece lengths for the full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together. Form top edge of filler to conform to top profile of concrete. 3. Paving—locate expansion joints: a. Where shown on the Drawings; if not shown then at maximum 60' O.C. in any direction. b. Between existing concrete and new concrete. B. Construction (Cold) Joints: shall be constructed as shown on the Drawings. 1. At old and new concrete pours. Drill the existing concrete to accept dowels and embed. Grease both ends of dowel, or epoxy end in existing concrete and grease end in new concrete. 2. At previous day's pour and fresh pour: Grease both ends of dowel. FEBRUARY 12, 2015 SITE CONCRETE 100% CONSTRUCTION DOCUMENTATION SECTION T32 19 00 -4 ADDENDUM NO. 1 ATTACHEMENT NO.3 Page 4 of 5 LA RETAMA PARK C. Weakened Plane Joints: shall be constructed as shown on the Drawings. 1. Pedestrian paving - locate joints as shown on the Drawings; if not shown then at a maximum spacing of 20' O.C. in any direction. Joints shall be tooled. 3.05 CONCRETE FINISHING A. General: Walking surfaces shall have minimum static coefficient of friction of 0.6, wet and dry for level surfaces and 0.8 for ramps. B. Paving: Broom finish - draw a stiff fine-hair broom across concrete surface, perpendicular to line of traffic. Repeat operation if required to provide a fine line texture. Texture must be true and straight across entire width of concrete slab. 3.06 REPAIR AND CLEAN-UP A. Repair: Defective work such as under-strength concrete, concrete out of line, level or plumb, or showing objectionable cracks, honeycomb, rock pockets, voids, spalling, exposed reinforcing, etc., shall be repaired or removed and replaced as directed by and to the satisfaction of the Architect. All cleaning, patching, and repairs shall be subject to the Architect's approval and acceptance. B. Protection: Protect concrete from damage until acceptance of work. C. Contractor shall clean up and remove from the site all spillage, overpour, discarded forming materials, rejected work or materials, and any other refuse or debris resulting from the work. Sweep concrete and wash free of stains, discolorations, dirt and other foreign materials just prior to final inspection. D. Disposal: Surplus material and debris remaining upon completion of the work shall be segregated as to type, and transported from the job site and disposed of in a legal manner. 3.07 MEASUREMENT AND PAYMENT A. The Contract lump sum price paid for Site Concrete shall be considered full compensation for furnishing all labor, material, equipment, tools, and incidentals, for all work involved as specified in this Section, as shown on the Drawings, and as directed by the Architect, and no separate payment shall be made. END OF SECTION FEBRUARY 12, 2015 SITE CONCRETE 100% CONSTRUCTION DOCUMENTATION SECTION T32 19 00 -5 ADDENDUM NO. 1 ATTACHEMENT NO.3 Page 5 of 5 1 i . a Y San Patricia County 1 TOv9Q Q CALL BEFORE YOU DIG! WFSITANISSHEET ND 1.0 *41, /� V • PROVIDE IB HRS NOTICE BEFORE YOU • DIG,DRL4 OR BLAST STOPO EYOIJ Know wises WO DIAL"811" ,•TM i ---'`N.'- . 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DESCRIPTION \�1 kik- . r. 1 COVER SHEET � �� 2 TRAFFIC CONTROL PLAN TYPICAL DETAILS fr 81 in ! � ► ►� 1 _ -- -' a �{ 3 TEMPORARY EROSION,SEDIMENT AND 1 E WATER POLLUTION CONTROL MEASURES 0)) FWilliiiray4 4 EXIS7INGCONDIRONSPLAN Ui 41 i i a __ 5 DEMOLITION PLAN g RI+ Q a Wm. 3 8 1xW{w Lu ci _ _ ' 46 CONSTRUCTION PLAN I 0 I–rI `o f • eP 7 GRADING PLAN r g 8 CONSTRUCRONDETAILS I- �• 9 CONSTRUCTION DETAILS PROJECT LOCATION VICINITY MAP 10 IRRIGATION PLAN z ¢ C MesquiteCSW Tat PLANS FOR w Carpue cnnan.Tx 78001 i l PLANTING PLAN 0- Q PARKS&RECREATION ow 12 PLANTING AND IRRIGATION DETAILS LL1 1.- w Ct ¢ w Community Park Development and Improvements-La Retama 13 ELECTRICAL PLAN o E Y F- U) (BOND 2012) o o ( LT, w a a > PROJECT#E12115 > o PREPARED BY 2 o � a a ARCHITECT: LANDSCAPE ARCHITECT: CIVIL&SURVEY: MECHJELEC.IPLUMBJSPECIAL SYSTEMS m a TURNER RAMIREZ&ASSOCIATES ALEXIS DOMINGUEZ LNV,INC. NRG ENGINEERING oS 5525 SOUTH STAPLES,SUITE A-7 LANDSCAPE ARCHITECTURE,INC. 801 NAVIGATION,SUITE 300 5656 SOUTH STAPLES,SUITE 306 CORPUS CHRISTI,TEXAS 78411 4833 SARATOGA BLVD.#116 CORPUS CHRISTI,TEXAS 78408 CORPUS CHRISTI,TEXAS 78411 ADDENDUM NO 1 V.(361)994-8900 CORPUS CHRISTI,TEXAS 78413 V.(361)883-1984 V.(361)852-2727 ATTACHMENT NO.4PAGE 1 OF 6 '' a SHEET 1 a 13 F.(361)994-8955 V.(361)288-2335 F.(361)883-1986 F.(361)852-2922 � „, N i E.pjr@trarch.com;prd@trarch.com F.(361)288-7312 E.evillarreal@Invinc.com E.jrod@nrgcc.com;srod@nrgcc.com CP-202 I E.adlandarch@gmail.com 8 CITY PROJECT 0E12115 i t rMN. MR N WNSLATANIS SNEET 60. G-2.0 ...;,,__ NONE ZONE SNORT TERN PAVEMENT MARRINM DEMARA RORR ZONE SMART TERM PAVEMENT MARKINGS PATTERNS 4 l +.+ _ 'u' ... NA ... "' ADVn LRN I NN-PAISIRIN INR[YIPIER I.Has In TND LANE TM-WAY NINen 2 • NFAP N. . ...e - ti��_�.w BARRIER DEL INERT IDN WITH NODULAR GLARE SCREENS `-` \ r,� �"'�rt\w,.. 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IA i--,',11.4i !i• i i il 11,... - lo ;IN 0 I , ,I I 1 • • i 9.6i I IL • . . v>> .- .4F.4..•...1'1. il,.. k.p: ; :.-n...--!—..wr"s1.ga34-"-,.!gi-Hft1a0it1%i45i1 £ ;- 0 1 asWqtIiii,ii.I,l.•. • -1 ri ;If . !Ili 1 91-'751xiii,411 . 1 02/12/15 J1G ADDENDUM 1 PANS4041440 DATE BY DESCRIPTION REVISION NO DATE BY DESCRIPPON S2 gi fe COMMUNITY PARK DEVELOPMENT RELEASEDECT3 -',,.1-4..• At i 3 39 0 1 .1 42 COISIDUCTON g ti &IMPROVEMENTS-LA RETAMA Em DATE CITY ENGINEER 0" 2. I co CITY of CORPUS CHRISTIAO i...,5 TRAFFIC CONTROL PLAN TEXAS DRAW pap °, .. .-4 5 N) c.4.2 TYPICAL DETAILS Department of Caprtal Programs pee. PM iig.it,1 r M II NM tirviS • p 7 P opeas.2013-12 Ls Ream Perk ' - . .. . 1 .1 ,4 ::.I iii 4 I I; .i, i ii ii ll:,!'4,, _. i , \ ' 'iliPT.1 g , 4 I ;199 bill § 1 .; ' girl 9 . - .i. 9.4 II , ; 1 1 1 ji III ••=_ '-• ', i 11114 j ; , ..i! i ;i . ; 4 I Y 2 !2 s•leN4 .1..4 , ..; .., rililifii51:1 D i it iii:d-:! i 'd -'• al :. ' A ‘1' .1: = I:,..-- — • , .11, ••rt.- 9:.::i :; 9 ri I! * t ; ' if 1 li 14;ft'.; I, 1 .1, i -- , i 2 .61 r. .. - ' ,..- ,. .._7' §111 i I:Ki'i VO4,1! li•ii • :". 22 ! :2 3'.1"Y, 1 t '''.11 - • 1:1! ; I.: .11 I, it I : 5) 1 Rlig : - fr i tn, '.. i: i le i .e L :le! ;Ile: q ,11•• Ili: 1'' .4.! it,d• .yi 1.11 - ; : "0.• ;!;; ... •-• (• li:i g 22 I t 2i4 ',11 iiii k k i I A I -111iTi°IP:;PH It4iels t ,!Ill '..r'91, ^"J•99 ;i9-4'1'' . "'" '' qq; 1 'I i!!4: 1.10,i ' @ g :i • ,' tt. 19 11 ,14•;j1; !;OW qi;iilil '' - A II 1.I tii III !01;41 4‘ ii.11 ,.- i..,..- A 1-- ....r.n Z 0.221•-••• V 0 .22t li:II:r i;il'! .` t 7. '.-- : In--_ 9^ . • , i ,... , .,--; . --- - ' W-_= ,, i lei i4 : ; 4 .i, ,— , .. 02/ /15.1 G ADDENDUM 1 RENSION NO DATE AT DESCIRETCH REMON NO DATE BY DES.ET.ON / 0 i COMMUNITY PARK DEVELOPMENT &IMPROVEMENTS-LA RETAMA 0 E....•si RELEASED FOR COnSTRuCT al CITY ENGINEER ,-0.0.Y.° '9.0, _b. T1 1 * - TEMPORRARY EROSION CITY of CORPUS CHRISTI 41 ouvat PM ;23 0 6_... SEDIMENT AND WATER TEXAS „„„;,. . POLLUTION CONTROL MEASURES Department of Captal Programs as. P.,1 I I ... i/s/1.1s- 1222/15 V . rmy fin a. roil rale roll ion rm., 11711 UPI r r WM IPM E ® waft ....® I .. CONSULTANT'S SHEET NO. O7 L-3.0 ,_. PEOPLES ST. i 1 1 1 i �,T \ tB O .Allilk a � 53'•1h \ 13'6 � 1T6• 1 lyra 2 NIEW b PA1,141; . AIrct wAwor.... . ow, 2 o 0 ,R4 / ' yp� = z z t '`` �.:... PA e i O N o ` o ® CO k Z e 2 a a i` \ Al \ .,,i ��e7 ti n w F m PA T6� .. mp a0 0 '� �,� l7, 7, ® r u N. r—� �j��a _A Q -1 8 II E r111111P • iiiiE_<< Sr ' oICI�k`) pc LEGEND _ e REFERENCE NOTES IIIIIVIIIIIIIN. 411111*/ v6( C. 0 E //1 Concrete Pawing Natural Color Medium Broom Finish.EJ• 1 ® 2z'i• 411111411 :`\ I E `I •`Expansion Joint Other Joints a Weakened Plane Join4. 7 1O E:dsWq Trw:Preserve end Protect. I' .'" .int-i � Se�5 J7�S.x9 ) ®Eddins Pavement:Preserve end Protect �` �� �`- ~ m �. Sleb�zed DG Paving-Al evadable from Collier Matedela(877) ®Eddins Electrical Pant Preserve and Protect r.": U60}3030,or Educt.See(1/L4,1)anti See Specs. OEdging:See C SIL$1) ®E fisting Wain Meter.Preserve and Prot t _.oarw ®Existing Stage:Preserve and Protect. Al PA Planting Area:See Planting Planal AIV ®Curb Ramp:Preserve end Prosed. Q n Flush ®Concrete Bend:See® Z ®Pole Light Add NL N 1.See(1/L42)eed Dn.Electrical Dw4J Q k— ®Ben7h:AddAd.e2.kNnlo-Right Mglo by Landscape... Forms es Cl.CC evaleblo ham Cedny Carroeux(600)4306206Equal.Sae® 0 GENERAL NOTESz Bench:Add AA.o2.Mdarhlo-LMT Ant's by Lardecape Forms as Li) I. Walkway slopes shall not exceed 5%in the direction of bevel.Ramps tD wedaM.hom CMNY Comeau:(800)43148208,w Ewat.See® LU O wed not exceed 8.33%(1:12)In Me perpenn of travel.Ramp and Bench:Add Ad.62.F9nYo-Straight Lantlsrape Forma u available o 0 I Ikwey slopes shell not exceed 2%perperWwler to eq drepual 01 itby U travel. from Cathy Comeau:(800)4304206,or Email.See(2/L-5.2) OV Q 2. See Eloctdcal Dmwings for Fbnure Spedflcations. Bench:Add Alternate e 2 Floe by Landscape Forms as available from H CC 1—. a 1©Cathy Comeau:(800)4306206,or Equal.Locate In Field with Architect 0 Q Z (n 3. A cad Hie 09 be evadable up request for layout purposes. See 1 2h-52) a Li O Q Park Bench:Relocate in Field with Architect. 1--- j U 14 Perk Sign:Locate In Field with Architect,Sea(8/1-5.1) z Qal NlstOd Marker.Rek otall as Shown,See( / a Drinking Fountain:Hews Model e3202G w/6250LF as Avadable ham O-- 1 S News(775)3594712,or Equal.See(4/L42)end(5)L-5.2). ALEXIS DOMINGUEZ — Bike Reck:Add Alternate a 2.PI by Landscape Fame.Black uHpsr ea MCHnI8CNRP.InC.: m LU k3 Q P Equal,at Finish,as evadable from Cathy Ca^.aux(800)430-8206, se Of Equal.Embedded,See 5 7/L-5.1) 313 s.•.mp Blvd 6116 �` '•• 13,Trash/Recycle Receptacles to be Prodded and Installed by the City. PH MI:ani 1x nun 1 '3 p •,x,�•.+ Pel Liner Station:Re-Intal Pel Utter Station,Removed During .361 360 0312 ♦'vq }r a o SHEET 4 of 11 t9 Dsmx4ltia,.paMke-Rewhmmeedetipn. ADDENDUM NO.1 eN a^"°°'^ '•,4rEaF,07: s ATTACHMENT NO.4 RECORD DRAWING NO ®CN CaP end Abaedan Edeling l^19ation McInd..Connect New 1•PVC 01.34.14_ Water Lin end Emend to Drinking Fountain. PAGE 5 OF 6 SCALE:1••1x 0. �_ ®® 4 CP — 202 ©j Drain Line:See Grading end Drainage Plan. 10 0 10. 20 ; CITY PROJECT/E121 IS I r r r t r -' r- r IF r r""- r". r • ... EXTENSION SIGN:CUT SLOT CENTERED IN POST.FASTEN CONSULTANT'S SHEET N0. SIGN TO POST WITH CARRIAGE BOLTS.SEE BELOW. L-5.1 CARRIAGE BOLT:1/Y SS BOLT AND HARDWARE.SEE BELOW PIPE SUPPORT.SEE FOR BOLTING PATTERN. TABLE FOR EMBEDMENT POST:SEE ELEVATION BELOW. - FINISH GRADE:SEE PLAN SIGN:SEE ELEVATION BELOW. ,../ `..../ 5.''.`''/d"( E 11=11=11-11=II=11=_ =iI=11==1=11=11=11=11=11=11 HEADER/FOOTER:4X4 RECYCLED PLASTIC LUMBER,SEE BELOW. "I 111111=111--,Tli VIII 11��11 11-1 1_ITiRWa- 1-11=".71. 112 11= 11 1, i�-i1- �l—,r_� Y 1=II I a. 00 0100 TABLE OF CONTENTS Division/ r. Title Section t Division 00 Procurement and Contracting Requirements i • 00 0107 Seals Page 00 11 16 Invitation to Bid (Rev 01/23/2015) P111 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) t 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) r. 00 30 02 Compliance to State Law on Nonresident Bidders r 00 30 04 Conflict of Interest Questionnaire i". 00 30 05 Disclosure of Interest I 00 30 06 Non-Collusion Certification iw 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 10/14/2014) r 00 61 13 Performance Bond(Rev 7/3/2014) ilk. 00 61 16 Payment Bond(Rev 7/3/2014) 00 72 00 General Conditions w 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements * 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency tot lDivision 01 General Requirements faih 01 1100 Summary of Work 01 23 10 Alternates and Allowances i' 0129 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment ]r. 01 31 00 Project Management and Coordination 01 31 13 Project Coordination r 01 31 14 Change Management low 0133 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings Table of Contents 00 0100-1 ii. COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1/22/2015 E12115 REV 01-23-2015 im I I Division/ Section Title 0133 03 Record Data 0133 04 Construction Progress Schedule 0140 00 Quality Management I 01 50 00 Temporary Facilities and Controls 0157 00 Temporary Controls I 0170 00 Execution and Closeout Requirements Part S Standard Specifications w NOT USED I Part T Technical Specifications T-16 0100 ELECTRICAL GENERAL PROVISIONS I T-16 06 00 GROUNDING T-16 07 50 ELECTRICAL IDENTIFICATION I T-16 12 30 WIRE AND CABLE T-16 13 60 RACEWAYS T-16 14 00 WIRING DEVICES T-31 11 13 DEMOLITION 1-31 22 13 EARTHWORK AND GRADING 3 T-32 0190 LANDSCAPE MAINTENANCE T-32 15 46 STABILIZED D.G. PAVING/GRANULAR PAVING 3 T-32 84 00 LANDSCAPE IRRIGATION T-32 91 13 SOIL PREPARATION T-32 93 03 LANDSCAPE PLANTING Appendix Title 1 NOT USED I END OF SECTION 1 I Table of Contents 00 0100-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1/22/2015 E12115 REV 01-23-2015 I L LSECTION 00 01 07 SEALS PAGE L ARCHITECT: TURNER, RAMIREZ &ASSOCIATES, Inc. Architects & Planners `:)RQD•R44 R•,y� e�� O. ' 5525 South Staples, Suite A-7 ��`,� r � LCorpus Christi, Texas 78411 " , ,';'4 V. 361/994-8900 i ,sj'T �F tti.,a L F. 361/994-8955 / ti E. pjr@trach.com l/ 7 Z"I LANDSCAPE ARCHITECT: o .-_,„--,; ,%%- mesc4Mt, .DO4v, yap LALEXIS DOMINGUEZ LANDSCAPE ARCHITECTURE, Inc. t p ` �'� t' 4833 Saratoga Blvd. #116 •, y Corpus Christi, Texas 78413 ,�`49Tl‘iiF .�4�' ' V. 361/288-2335 ENGINEER: €.t _ NRG ENGINEERING � * 5656 South Staples Street, Corpus Christi, TX 78411 V. 361/852-2727 END OF SECTION -- , fy , , ( ,-,,,fit ' i ,--, F E ' 1 Invitation to Bid 00 11 16- 1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 .,/10..1,204 L L I 0011 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Owner's Project Identification No. E12115 Community Park Development and Improvements—La Retama: La Retama Park is centrally located downtown and just below the bluff transition to uptown. The park is triangular in shape filling the angle between Peoples Street to the north and Schatzell Street to the south.The long axis of the park runs east and west with N. Mesquite Street at the wider west end and a tunnel entrance at the narrow east end. The Downtown Management District has used the park to serve as a hub for an expanding cultural events such as ArtWalk. The event utilizes the majority of the park to setup vendor tents for the display and sale of arts and craft pieces. A small concrete slab at the east end of the park is used to stage dramatic and musical performances.The tunnel is used as an art gallery for student artwork. The increased foot traffic of this monthly event poses an ongoing expense for the City to maintain the park's existing ground surface and could be detrimental to the park's usefulness, if not addressed. The objective of this bond project is to provide improvements to La Retama Park that reduce the maintenance requirements of its current use, enhance its attractiveness, and offer amenities for its continued use as a public outdoor venue. Major elements of this project include: • Demolition of existing sod and landscaping • New stabilized decomposed granite surface • New landscaping&irrigation systems • New lighting&electrical connections(Add Alternate ) • New site furnishings(Add Alternate ) • Drinking Fountain • French Drain • Concrete Band • Park Sign • Trash/Recycle Receptacles • Per Litter Station • Bike Rack Historical Marker 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$65,095.71. The Project is to be substantially complete and ready for operation within one hundred and twenty(120) Invitation to Bid 0011 16-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 L 1 1 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 1 ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: ' http:/www.cctexas.com/business/supplierportal 1 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on February 10th 2015 at 2:00 pm at the following location: City Hall Building—Capital Programs Conference Room 1 or 2 3`d floor,Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 1 Invitation to Bid 00 11 16-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 1 I 5.03 MinorityBusiness Enterprise participationgoal for this has been established to be 15% p p p Project of the Contract Price. 5.04 Disadvantaged Business Enterprise participation goal for this Project has been established to be 25%of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. 1 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 7. 1 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the EBid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS ii 7.01 Sealed Bids(hard copy) must be submitted to the City Secretary's Office(City Hall Building, rt Floor, 1201 Leopard Street,Corpus Christi,Texas 78401) no later than 2:00PM,Wednesday- February 18th,2015 to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 15t floor of the City Hall Building.. Bids received after this time will not be accepted. Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor Invitation to Bid 0011 16-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 I I I 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Bond 2012,Project No. E12115 I 7.02 Bids will be publicly opened and read aloud at February 18th 2015 at 2:00 pm, at the following location: City Hall Building- 111 City of Corpus Christi First Floor I City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS - 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 111 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. I END OF SECTION I I Invitation to Bid 00 11 16-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 I 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS ar,,, A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage for 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price LI Required X Not Required *mu, Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required 1.02 GENERAL PROVISIONS +• A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 r.. COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I I B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. 3 G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this 3 Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. J K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the 3 OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or 3 entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 3 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements 3 approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in 3 accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). { 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: bin 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage "" which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment r.. of such person by Contractor; 4. By any other person for any other reason;and 5. Claims for damages, other than to the Work itself, because of injury to or destruction t`" of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of INN the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; ,� d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 •. COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 3 I h) Any loss to temporary Project Works if their value is included in the Contract Price. 3 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 3 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 3 7. Endorsement CG 2032, "Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because3 of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying 3 employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. 3 F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 3 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners,employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising3 from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I rr. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of rw liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. `o 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of in., them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to b"' meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract tip Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. t" 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: w fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity,and .m other earth movement;flood; collapse; explosion;debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage(other than that Insurance Requirements 00 72 01-5 .. COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 3 I caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth 3 movement;or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of 3 loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 3 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. 3 B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of ad the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. 3 F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for 3 providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 3 B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I tr. insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. torC. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. i. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance tem requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE it 2.01 ACCEPTABLE EVIDENCE OF INSURANCE t,,,,, A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. I" B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. i•• D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101;or i.. 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I 3 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 3 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, a conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE 3 A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract 3 Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: I 1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. Insurance Requirements 00 72 01-8 3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 r imme 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. 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 ism undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing him companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the Project,such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. ebb D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that Imo coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the >r. Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known, of any change two 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. Insurance Requirements 00 72 01-9 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 3 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees 3 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 current3 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: 3 a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts,to perform as required by I paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the 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. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION3 Insurance Requirements 00 72 01-10 3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I ~ 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS ,.. A. Delete the last sentence in Paragraph 1.01.A.26 and replace with the following: "Designers are Licensed Professional Engineers, Registered Architects, or Registered Landscape Architects qualified to practice their profession in the State of Texas." B. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: rim City of Corpus Christi,Texas Turner Ramirez and Associates Alexis Dominguez Landscape Architects NRG Engineering C. The following entities, along with the members of the OPT,are to be named as an additional insured on all insurance policies, except workers compensation insurance and the Contractor's professional liability insurance. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction s so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days low January 3 July 3 Supplementary Conditions 00 73 00-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 1-22-2015 0.6 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of[13] rain days have been set for this Project. An extension of time due to rain days will be considered only after [13] rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: NONE a. The Contractor may rely on the following Technical Data in using this document: NONE ' 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: Refer to sheet L-1.0 of drawing set. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site B. No reports of explorations or tests for Hazardous Environmental Conditions at or ' contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least Fifty (50) percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION rem Supplementary Conditions 00 73 00-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA .w E12115 1-22-2015 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 21,2015 is between the City of Corpus Christi (Owner)and McNamee Landscapes and Nursery,LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Project Number E12115 Major elements of this project include: • Demolition of existing sod and landscaping • New stabilized decomposed granite surface • New landscaping&irrigation systems • New lighting&electrical connections(Add Alternate) • New site furnishings(Add Alternate ) • Drinking Fountain • French Drain • Concrete Band • Park Sign • Trash/Recycle Receptacles • Per Litter Station • Bike Rack ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: TURNER,RAMIREZ&ASSOCIATES, INC. 5525 South Staples,Suite A-7 Corpus Christi,Texas 78412 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk,P.E.—Acting Construction Engineer City Of Corpus Christi—Capital Programs 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 Agreement 00 52 23-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within one hundred and twenty(120) days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within one hundred and fifty(150)days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner one hundred fifty dollars and no cents($150.00)for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner one hundred fifty dollars and no cents($150.00)for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Agreement 00 52 23-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Base Bid+Additive Alternate No. 1 Price $ 173,590.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 00 52 23-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means,methods,techniques,sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Agreement 00 52 23-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 00 52 23-S COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company.If Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 ATTEST ' •'U C ' ' TI � � pir City Secretary J.H. Edmonds,P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM C/ A TiliiHt.Lt>� ZcotiwN, sst.City Attorney +1 I SECRETARY ATTEST(IF CORPORATION) CONTRACTOR • McNamee Landscapes and Nursery, LLC (Seal Below) B A '2 Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Ti tecityo 4. r Vice President, Chief Executive Officer,or Chief Financial Officer P.O.Box 417 Address Taft,TX 78390 City State Zip 361/438-8281 Phone JohnBivens@mac.com EMail END OF SECTION Agreement 00 52 23-7 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 07-03-2014 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents,this Bid Proposal submitted on: February 18th,2015 by 2:00 pm. 1.02 Submit hard copy Bids, Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA(Bond 2012) Project No. E12115 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signa e Ack wledging Receipt O a2 -/3_/sem I( At4,144 © i -/7-t( ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Bid Form 00 30 00-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests,studies, and data with the Contract Documents. Bid Form 00 30 00-2 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4-BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ /d i� O o p Add Alternate 1 $ .'3, ? J"- Add Alternate 2 $ 'd, J'f. ( tc.,ecescf-4v IT Qtr.Aw� 0 0 0o � c--� iJ The Bidder selected for award of the Contract will be the Lowest responsible Bidder thfat-1 7r.4./.11-43 . submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. ARTICLE 5-EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive, or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. _ Bid Form 00 30 00-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within one hundred and twenty-days (120)days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within one hundred and fifty(150) days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Form 00 30 00-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: /f ' %..q /Ad 444.;0(typed r p nted full legal naof Bidder) t By: ,741 h,. IW4 (individual's signature) t Name: / fC.✓J (typed or printed) Title: a a1,J,L,J (typed or printed) Attest: (individual's signature) State of Residency: 14 '4r / Federal Tax Id. No. 4/4/-171-(4. Address for giving notices: /• C . i6 74-ei %,C 71,190 Phone: Sc.( (IJ p.74)l Email: t/os(,✓A46:0/0_11"/C . (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) Bid Form 00 30 00-5 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 END OF SECTION Bid Form 00 30 00-6 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 REV 01-23-2015 00 30 01 BID FORM EXHIBIT A 00 30 01 BID FORM EXHIBIT A Project Name: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Project Number: E12115 Owner: City of Corpus Christi Bidder: OAR: Jamie Pyle R.P.L.S., P.E., C.F.M. Designer: TURNER, RAMIREZ&ASSOCIATES, INC. Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) i Al BASE BID r�2oroo©.eo SUBTOTAL PART A-GENERAL(Item Al) jQ poo , op Part B-ADDITIVE ALTERNATE NO. 1(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) B1 ADD ALTERNATE 1 SUBTOTAL PART B-ADDITIVE ALTERNATE NO.1 (Item B1) 53 11. Part C-ADDITIVE ALTERNATE NO. 2(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Cl ADD ALTERNATE 2 .t,34/z- SUBTOTAL PART C-ADDITIVE ALTERNATE NO.2(Item C1) 3z, 344 BID SUMMARY SUBTOTAL PART A- BASE BID (Item Al ) 4' I A4 000 • 00 I TOTAL PROJECT BASE BID (PART A) I /o. oo o -e,13 i TOTAL PART B -ADDITIVE ALTERNATE NO. 1 (Item B1) 4 .;3, , '? .0 o TOTAL PART C-ADDITIVE ALTERNATE NO. 2 (Item C1) 3.1.,344- - 00 I Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 150 days Bid Form Exhibit A Page 1 of 1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA- E12115 1-22-2015 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of —/ 2" Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: /'�jGc w L.F�CT.f 1,4„.4.41L c (typed or p4ed) By: (signature--attach evidence of authority to sign) Name: t/ast^f ✓c--AN (typed or printed) Title: —— r/®LCAu 4�A/ 71 Business address: ) t o /KC- , ,a )/ lei 96 Phone: 3�l-gr3 • P2,4Y Email: Jo/A41/cit Ca END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 1-22-2015 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. ,J Name of person who has a business relationship with local governmental entity. '�/1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has em oyment or business relationship. Nam of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest g2:1 SUPPLIER NUMBER TO BE ASSIGNED BY CI lY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 11C- ,.,,, �yy„i I r,A,0 71,1(444_4,6 L C P. O. BOX: Ii 7 STREET ADDRESS: .2.e /1 °.�✓ AA, CITY: K ZIP: 7?.TJo FIRM IS: 1. Corporation 2. Partnership = 3. Sole Owner ❑ 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 the above named `'firm." Name Title ArA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee #4/./i 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or m re of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: co ifel 4-Wk.( Title: i:4 f ,/,LIL J (Type or Pnnt) Signature of Certifying '� , ' ( ) Date: �4 / Person: '�/ 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 it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `'Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. `'Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA Project Number E12115 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. �/ Company Name: /4/ �%fi�tc C �� J 7 44pJ L L (typed r printed) / By: - le1;111—t (signature attachvidence of authority to sign) Name: Q.40%) 1 k 'f (typed or printed) Title: /1,C d tnJ7 acd,c/ Business address: 6A024 #44 {y/1-A‘ — /✓�. 4 7r 7 // 7S3P� C r � Phone: ,3�( 9Q ep oi J/ Email: @l+rr4c: END OF SECTION Non-Collusion Certification 00 30 06-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA E12115 1-22-2015 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: H c, t--( / C// 4-cam- 24 i d/A.__ L L L . (typed or prid full legal name of Bidder) By: -. ,�, J /rf-4- (individual's signature) Name: ! / J 0/4i✓ (Lf 4,-(7,1 r / (typed or printed) Title: /0 .fa C�c11 / / a cit/A7 (typed or printed) i t Attest: 4 wu{,-rt,.) / (individual's signature) State of Residency: / 44/ Federal Tax Id. Nb' — I P/Z - Address for giving notices: y _ (da ?/ z 7 _ % , ice, '7 i J Yo 1 / Phone: 36,1 /, . e)t,$)/ Email: J Li,/ 4/4-7:./4 (-2 49-7-74-C-• C-43/`-1 (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) Bid Form 00 30 00-5 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS-LA RETAMA _ 1-22-2015 E12115 ,VTACHMENT NO.2 Page 5 of 6 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within one hundred and twenty_days (120)days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within one hundred and fifty(150)days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract,and if required, shall attach documentation of signatory authority to the Bid Form. Bid Form 003000-4 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 .-.'TACE--,MENT NO 2 Page 4 of 6 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: �fdcl�7c/2o sJ b- .tv d� 3 c 3 A . Base Bid $ ��@ QDO A'J ca�fQ '�ta �I' fl, oar f Add Alternate 1 $ (5 .c" o Add Alternate 2 $ IA 3V.2- r✓�i �7-1 s {p & rNra Ac�>�.y 1Y oo r✓ f� The Bidder selected for award of the Contract will be the Lowest responsible Bidder hat (i submits a responsive Bid. Owner will, at its discretion,award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 AT—ACHMENT NG- Page'3 cf 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal submitted on:February 25`h,2015 by 2:00 pm. 1.02 Submit hard copy Bids, Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA(Bond 2012) Project No. E12115 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signa , 'e Ackno ledging Receipt C -{ -1 J ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Bid Form 00 30 00-1 COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS—LA RETAMA 1-22-2015 E12115 A': DE t} U,i ` ' ATTACHMENT NO 2 Page 1 of 6 00 6113 PERFORMANCE BOND BOND NO. 4393000 Contractor as Principal Surety Name: McNamee Landscaegs and Nursery.LLC Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 220 Mylp4vre(p.O:Box 4171 9737 Great Hills Trail, #320 Taft,TX 78390 Austin, TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail, #320 Name: City of Corpus Christi,Texas Austin, TX 78759 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms Its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 512-732-0099 NE12115 Community Park Development and Imj,rotrements -La Retama(Bond 20121 512-732-0099 Telephone(for notice of claim): Local Agent for Surety Name: Keetch &Associates Award Date of the Contract: July 21,2015 Address: P. 0. Box 3280 Contract Price: 173,590.00 Corpus Christi, TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: kwoods@keetchins.com Date of Bond: August 18, 2015 The address of the surety company to which any notice of daim should be sent maybe obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number:1-800452-3439 Performance Bond 00 6113-1 Proj#E12115 Community Park Development La Retama 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond.The condition of this obligation is such that V the Contractor as Prindpal faithfully performs the Work required by the Contract then this obligation shall be null and volt otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as Vit were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Til ai ` Surety Signature: A a. ' Signature: (,L2C.a0tLj / `✓ '.J Kerryi 1 ods Name: cic� W S. � r f Name: Title: A40..-c.dr...1 ( Title: Attorney-In-Fact Email Address: Jmti tJ 3v'4.•}J s—iAc,cori, Email Address: kwoods@keetchins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Proj#E12115 Community Park Development La Retama 74.2014 00 6116 PAYMENT BOND BOND NO. 4393000 Contractor as Principal Surety Name: McNamee Landsccoes and Nursery,U.0 Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 220 McIntyre(P.O.Box 417) 9737 Great Hills Trail, #320 Tin.Tx 78380 Austin, TX 78759 Physical address(principal place of business): Owner 9737 Great Hills Trail, #320 Austin, TX 78759 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 512-732-0099 8E12115 Community Park Development and Improvements—La Retama(Bond 20121 Telephone(for notice of claim): 512-732-0099 Local Agent for Surety Name: Keetch &Associates Award Date of the Contract: July 21,2015 Address: P. 0. Box 3280 Contract Price: 5171590.00Corpus Christi, TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: kwoods@keetchins.com Date of Bond: August 18, 2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of daim should be sent maybe obtained of Contract) from the Texas Dept of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form CO 6116-1 Proj NE12115 Community Park Development La Retama 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their helrs;administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that If the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor In the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain In full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as tf it were copied at length herein.Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as pal Surety 1A3694L Signature: ,j SJ • fin, Signature: Name: Jai/.•/ c✓• d icer:,✓J Name: Kerry nods Title: / • ,c,;Qcf Title: Attorney-In-Fact Email Address: 3 Hn B4;/ens Email Address: kwoods@keetchins.com (Attach Power of Attorney and place surety seal below) • • i END OF SECTION Payment Bond Form 00 6116-2 Proj NE12115 Community Park Development La Retama 7-8-2014 POA a: 4221054 SureTee Insuranec Company LLMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Betty Baxter,Kevin G.Keetch,Kerry Woods,Lonna Pokrant its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Three Million and 01100 Dollars(S3,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 26th of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. -'''''"A"'-'67'‘, SURETEC INSURANCE COMPANY if mf=,q gi By: W;w I : John ox Jr. resident cc% AL co z i State of Texas ss: .2 .„ Y;t County of Harris -• / On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ` n ' �w•'• JACQUELYN MALDONADO \ (I f^�`� Notary?ublic /���// �f \`\+ ®., State xTeras AJacq Tori'' My Comm.Exp.Sn8/2ot elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Roar!of Directors,set out in the Power of Attorney arc in full force tend effect. - Given under my hand and the seal of said Company at Houstcn, Texas this 18 day of August 2015 ,A.D. 4 //0.,- _ _Lir ,,./..... ,.._ t 1. Bre.t Beaty,Assistant Secrehry Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev.9-17-06 t 1 d CERTIFICATE OF LIABILITY INSURANCE °"' sso "" This CERTIFICATE Is ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOE$ NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES MOW. THIS CERTIFICATE OF INSURANCE RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: Else asrlRoa s holder is as ADDITIONAL INSURED.the pe1cypss)must be endorsed. If SUBROGATION IS WANED,subject to the leans and oondlions of the poky,certain policies may require as endorsement A statement on this certMeate does not confer rights to the ceiMseas Meller M Eau of suck endorsement(s). PROM= ooMrne:r DAVID WEATHERSBY DAVID VYEATHERSSY ,y am 2111.31/7-2801rA s01 I Not 381-387-4625 TEXAS FARM BUREAU +"+' . r, THF8SRYoTXFRINR r Ou POBOX112 >_ ROS1tTOWN IX 78380-0112 mit assuammurvotherscOVem a NABS PISMO Daum A:PENN AMERICA INSURANCE MCNAMEE LANDSCAPES&NURSERY LLC sauna a:TEXAS FARM BUREAU MUTUAL INS COMP PO BOX 417 s.suma c:TEXAS FARM BUREAU MUTUAL INS COMP TAFT TX 78350 mama D:TEXAS MUTUAL INSURANCE CO ,euUP=E: e/URI RP: COVERAGES CERTIFICATE NUMBER: REVISION NUIIBEIt THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE). NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRM RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. �E 0 LUII0NS AND CONDITIONS OF SUCH POLICIES.UNITS SHONN MAY NAVE BEEN REDUCED SY PAID�CWMS. 7m TYPE OFISJI IICI A AMMO, POLICY NUM= II DZI M9YY1 LOOTS A SOIBRALMEM p 04/2712015 04/272016 SAM $ 1000 000 X ommenraALmew Lrmurefir �W � $ son I aAIMISMADE a oCcU 1 ' NED O?(Am satems0 $ 5,Q4- - PEIeONALaPON INJURY $ ULM_ ow AI.AGGREGATE 4 2.00.000 GENLAGGREGATEUMZTAPS ESPER PRODUCTS-COUP/WAN $ 1000000 in PouCT Flat E]Loc FIRE DAMAGE s 50.000 B AUTOIenLE MERRY 118253 0312012015 03/24/2018 fm SSIULE LIMIT s 1.000.000 X NW MJTO ALLONM®AUTOe "" MELT INJURY PINS ) S — e000YINJURY(Per asddsnQ S _SONIDU.aAUTOS PROPERTY ERWIN __ MED (Por S M NON.O IEDAUTOS - E _, s — C X GINIRE.LA LTAI X =am08125/2015 0625/2018 EACH COMMENCE s 1.000.000 191421111/UM/ n wM5-j4 (I F.f AGGREGATE _ $ 1.000.000 — RITTENSON s 1^ ' I O ARS ssRaT/ETuruAm n Y/N TSF-000120882 0?/D612015 02 612016 X� � � , ANTPROPRIETORIRVONEROXECUTIYE ELL.EACH ACGDE IT s 1.000.000 OPPEGISIS_______DS_. N/A X 9 oYMerMr h iss -" LI-DISEASE-EA WPLOMI$ $ 1.000.000 w411AT T•111111: .s.. JJ.DISEASE-P UMMUT $ 1 000.000 I._.I_.__1 ONDRPTIOECPOPERATIONS/MATIONS/VEIL (AlladtACCOD 101.AddESsail Remsels Sehrib AME esMaUmrYSR JOSSITE 512115 COMMUNITY PARK DEVELOPMENT IMPROVEMENTS-LA RETAMA(BOND 2012)..30 DAY CANCELLATION NOTICE TO BE PROVIDED IN THE CASE OF CANCELLATION. CERTIFICATE HOLDER CANCELLATION City d Cape CsMNs.TX MOULD ANY OP The MOW DESpueED REAM SE CANCELLED =PORE TNI W IATIDN OATS TIEIREOP.NOTICE rdni as O0LNERED IN ACCORDANCE vim TIM COW Programs POLICIIPIIOYWOIII. 1201 Leopard Sheat AunlOROSO RQREIENTATRVE Corpus Christi TX 78489 I DAVID L WEATHERSBY •198S-2005 ACORD CORPORATION. All rights reserved ACORD 25(2008105) The ACORD name and logo are registered marls of ACORD * exas All Risk General Agency,Inc R9696 SKILLMAN ST.STE.9170 DALLAS, TX 75243 MAIL TO: DAVID WEATHERSBY MCNAMEE LANDSCAPES&NURSERY LLC PO BOX 112 PO BOX 417 ROBSTOWN TX 78380-0112 TAFT TX 78390 AGENT: 82H POLICY#: PAC7089768 Dear Agent, Please find endosed your requested policy or endorsement documents. We ask that you take time fully to review fully your policy and conations to be sure we issued the policy as you requested. If you should find any errors please contact us immediately at 1-800.627-0303 and one of our friendly customer service representatives will help you. If we fail to hear from you, we will assume that the policy was issued correctly,and as requested. Please make note that it is very important to notify us of any changes to your policy. We are endosing the Insured copy which includes all policy forms.If you desire,you may make copies of any forms you need from the Insured's copy. Please distribute copy to your Insured.The Loss Payee or Additional Insured copies have been mailed to them. We appreciate the opportunity to be of service to you. Our goal is to provide you with complete satisfaction. If we can be of further assistance, or should you have any questions, please contact us at 1400.827-0303 or 972469-1188. Sincerely, Texas All Risk General Agency,Inc PRODUCER COPY * * **0 * STANDARD CHANGE ENDORSEMENT 1 ** * PENN-AMERICA ** Endorsement effective 08/20/2015 Named Insured 12:01 A.M.standard time MCNAMEE LANDSCAPES&NURSERY LLC Policy No. PAC7089768 Countersigned by 02239 Texas Ali Risk General Agency,Inc. ❑In consideration of the premium charged,it is understood and agreed that ®In consideration of an additional premium of $314.73 ,it is understood and agreed that ❑In consideration of a return premium of ,it is understood and agreed that 1. Premium Basis 8. Name of Insured , 14. Mailing Address of the Insured — 2. Rate _ 9. Location of Property _ 15. Description of Property - 3. Premium _ 10. Classification Added -_ 16. Coverage - 4. Amount _ 11. Classification Deleted _ 17. Additional Insured Endorsement _ 5. Unites of Liability 12. Classficatfon 18. Endorsement - 6. Inception Date _ 13. Mortgagee/ ( 19. Other 7. Expiration Date Loss Payee or Contract of Sale is corrected to read as fisted below )0000000( is amended or changed to read as listed below the following form is made a part of the Policy the following form is deleted from the Policy FORM CG2010(04/13)ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION AND FORM CG2404(05109)-WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US APPLIES AND ARE ADDED TO THE POLICY PER THE ATTACHED WITH THE FOLLOWING ADDITIONAL INSURED&WAIVER: CITY OF CORPUS CHRISTI,TX CAPITAL PROGRAMS 1201 LEOPARD STREET CORPUS CHRISTI,TX 78469 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED 1L41-Q-kr-O)a..L.L4 Date 09/07/2015 Initials IJ ADDTL PREMIUM $300.00 RET PREMIUM STATE TAX $14.55 FEE $0.18 TOTAL ADDITION: 314.73 51004 (8/91) PRODUCER COPY Page 1 of 1 POLICY NUMBER: PAC7089768 COMMERCIAL GENERAL UABIUTY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) CITY OF CORPUS CHRISTI,TX CAPITAL PROGRAMS 1201 LEOPARD STREET CORPUS CHRISTI,TX 78469 Information required to complete this Schedule.If not shown above.Mt be shown in the Declarations. A. Section II_Who Is An Insured is amended to Include B. With respect to the insurance afforded to these additional as an additional insured the person(s)or organization(s)shown insureds,the following additional exclusions apply: in the Schedule. but only with respect to liability for"bodily This insurance does not apply to"bodily injury"or"property injury.'property damage"or'personal and advertising I njuury' damage"occurring after: caused.in whole or in pant by 1. At work,inducting materials,parts or equipment furnished 1. Your ads or omissions;or in connection with such work on the project(other than 2. The acts or omissions of those acting on your behalf•, service.maintenance or repairs)to be performed by or on in the performance of your ongoing operations for the behalf of the additional insured(*)at the location of the additional insureds)at the location(s)designated above. covered operations has been completed:or However. 2. That portion of 'your work' out of which the injuryor such add 1. The insurance afforded toadditional Insured only damage arises has been put to its Intended use by any applies to the extent permitted by law;and person or organization other than another contractor or subcontractor engaged len performing operations for a 2. If coverage provided to the additional Insured Is required pdndpel as a part of the same project by a oonbect or agreement.the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 C Insurance Services Office,Inc..2012 Page 1 of 2 PRODUCER COPY C.With respect to the Insurance afforded to these additional 2. Available under the applicable Limits of Insurance shown insureds.the following is added to Section IS_Limits Of In the Declarations; Insurance: whichever Is less. If coverage provided to the additional insured is required by a This endorsement shall not increase the applicable Umits of contract or agreement,the most we will pay on behalf of the Insurance shown In the Declarations. additional Insured is the amount of Insurance: 1. Required by the contract or agreement or Page 2 of 2 0 Insurance Services Office,Inc..2012 CG 2010 0413 POLICY NUMBER PAC7089768 COMMERCIAL GENERAL UABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF CORPUS CHRISTI,TX CAPITAL PROGRAMS 1201 LEOPARD STREET,CORPUS CHRISTI,TX 78469 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph S.Trans- fer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and induded in the produces-completed operations hazard". This waiver applies only to the person or or- ganization shown in the Schedule above. CO 24 04 05 09 . Copyright, Insurance Services Office,Inc.,2008 Page 1 of 1 PRODUCER COPY