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HomeMy WebLinkAboutC2005-019 - 2/8/2005 - Approved 02/08/05 M1005-038 King-Isles, Inc. ON S AIqD Nais~th ~ineeri~, Inc. 4501 ~l~ihar ~d Co~us C~istl, Te~s 78411 TelephO~, 361/814-9900 Fax 361/814-~01 FOR DEP~ OF ~i~E~ SER~CES CI~ OF ~US C~I~I, T~ Phone: 361/889-1500 F~: ~ ~61/880-3501 - - ~.~i~ ~ sti ADDENDUM NO. I I Januaw 14,2005 TO: PROJECT: ALL PROSPECTIVE BIDDERS CLARKWOOD NORTH FORCE MAIN PROJECT NO. 7234 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the addendum will remain unchanged. SECTION A-SPECIAL PROVISIONS, PARAGRAPH A-47 Pre-Construction Exploratory Excavations CLARIFICATION: The exploratory excavations may be done In two segments. DELETE: Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Enqineer and until Contractor receives Enqineer's approval of report. ADD: Contractor shall perform all exploratory excavations on the first section of line from station 1+00 to station 48+24.75 7.8L. Upon coml31etlon and approval of the exploratory excavation in this area by the Enqlneer, the contractor mav beqln construction of this section of line. The first section of work, Includinq the exploratory excavations, must be done within 90 Calendar Davs after the notice to proceed and/or no later than June 7, 2005. The exploratory excavation for the remalnlnq section of lines and at the lift station shall then be completed prior to commencinq work on the remalnlnq section of lines and lift station. Engineering Services P O Box 9277 ' Corpus Ch,?ti, Tex_a.s 78469-9277 · (361) 880-350( ADDENDUM NO. l [ 1 of 5 ii. III. PART S- STANDARD SPECIFICATIONS A. Section 151030, Eccentric Pluq Valves (S-105), Paraqraph 2 CLARIFICATION: The Actuator for the valve shall be a standard manual actuator. DELETE: ADD: Actuator - electric motor Actuator - Quarter Turn Manual Actuator PART T- TECHNICAL SPECIFICATIONS ADD: Section 151503, Ultrasonic Flow Measurinq Equloment (Non- Potable Water System), In Its entirety. (Attachment 1) DRAWINGS A. Sheet 2 of 34, Summary of Quantities DELETE: Item 26 Pre-Construction Excavations 1 LS Allowance $10,000.00 ADD: Item 26 Pre-Construction Excavations ILS Allowance $20,000.00 B. Sheet 8 of 34, Lift Station Site Plan ADD: 1. 2. Detail 7, Flow Meterlnq Station, In Its entirety. (Attachment 2) Detail 8, Ultrasonic Flow Meter, in its entirety. (Attachment 3) ADDENDUM NO. 1 I 2 of 5 C. Sheet 20 of 34, Sanitary Sewer Standard Details (Sheet 1 of 5) 1. CLARIFICATION: The material utilized for bedding, Initial fill, and final fill shall be clean sand meeting the requirements outlined In Standard Specification Section 026602, Sanitary Sewer Force Main (S- 69), Section 3, Paragraph F, Bedding Sand for Encasement. 2. CLARIFICATION: The minimum wall thickness for all 24" casing utilized on this project shall be 7116" (0.4375"). D. Sheet 22 of 34, Sanitary Sewer Standard Details (Sheet 3 of 5) CLARIFICATION: The "Air Release Valve Fiberglass Manhole" detail shall be changed. The air release valve size shall be changed from a 4" to a 3" valve. In addition, the associated tapping sleeve and ball valve will change to 3" sizes. PROPOSALFORM CLARIFICATION: The Description for Base Bid Item 11 has been revised to reflect Square Feet (SI=) as the unit of payment. The allowance on Bid Item 26, allowance for Pre-construction exploratory excavations has bean increased from $10,000 to $20,000. DELETE: ADD: Proposal Form Paqe 3 of 7, in its entirety. Revised Proposal Form Parle 3 of 7, in lieu thereof. (Attachment 4) ADDENDUM NO. 1 3 of 5 VI. DELETE: Proposal Form Paqe 4 of 7, in its entirety. ADD: Revised Proposal Form Parle 4 of 7, in lieu thereof. (Attachment 5) Questions/Answers from the Contractors Q1 A1 Q2 Q3 A3 Q4 A4 Q5 A5 Q6 A6 STA 1+00. Sheet 7, 9, 10. Turkey Creek proposed 6' dia. MH. Do we remove the exist fiberglass manhole or tie-in with drop connection inside or outside? Remove the existing 4' dia. Manhole and replace with 6' diameter manhole. Are the above ground fittings at the lift station to be sandblasted and painted? The fittings will arrive onsite already primed, so they will require painting only. STA 98+00. Sheet 8. Lift Station Parking Lot Improvement. Can we use Geogrid in lieu of lime stabilized subgrade in such a small work area? Geogrld will not be allowed. Sheet 8. Lift Station wet well connection Detail #2. Shows 10" force main to be 7'-3" from the top of finished grade. Is this correct or should it be 36" of cover to top of 10" force main? The 7'3" from the top of finished grade Is correct. This depth will be required in anticipation of having to clear beneath the existing pipelines which will be crossed. Sheet 8. Lift Station wetwell dry well. Do we "core" 24" and 14" hole or can we demo with air hammers and repair? The holes shall be cored. Exist 8" force main in Clarkwood Rd, which is to be abandoned. Do we need to fill all of it with grout, or can we cap the ends and not fill with grout? Cap ends and not fill with grout. ADDENDUM NO. 1 4 of 5 Please acknowledge receipt of this addendum In the appropriate place in your PROPOSAL FORM. END OF ADDENDUM NO. 1 ARE/cb Attachments: NO. 1 NO. 2 NO. 3 NO. 4 NO. 5 ~ngel R. Escobar, P. E. Director of Engineering Services Technical Specification 151503 Detail 7, Flow Metering Station Detail 8, URrasonlc Flow Meter Revised Proposal Form Page 3 of 7 Revised Proposal Form Page 4 of 7 IADDENDUM NO. l I 5 of 5 SECTION 151503 ULTRABONIC FLOW MEA~URIN~ EQUIPMENT (NON-POTABLE WATER SYSTEM) 1.0 1.01 1.02 GENERAL ~EQUIREME~TS SCOPE This specification shall govern for all work necessary to furnish and install ONE flow meter to measure the non- potable water flow. SPECIFICATION TYPE This specification is a performance specification as defined in Article TS-1 of the Technical Special Provisions. 1.03 GENERAL A. LIQUID TO BE M~_~SURED The liquid to be measured is raw wastewater being pumped out of the Clarkwood North Lift Station. 1.04 FLOW RANGE A. 500-4000 GPM 1.05 SUBMITTAL DATA Before manufacture, detailed drawings, and other pertinent and approval. the Contractor shall submit 8 sets of detailed specifications, installation information for the Engineer's review As part of the submittal data required above, the Contractor shall submit a certification stating that the manufacturer's authorized representative for the equipment furnished under this section has studied the Contract Documents (drawings and specifications), questioned the Contractor and/or the Engineer to determine the conditions affecting this equipment, and hereby certifies that it should be suitable for use on this project and should require no more than normal maintenance if not damaged or abused. 1.06 OPERATIONAL AND MAINTENANCE MANUAL The manufacturer shall furnish the Engineer with 4 sets of complete operation and maintenance instructions 151503 I Page 1 of 3 A~achmeN~] 2.0 2.01. PRODUCTS / MATERIALS FLOW METER The flow meter shall be a fixed ultrasonic flowmeter based on the transit time measurement method for measuring flow rates utilizing clamp-on sensors. System shall be composed of a converter and detecter set. The flow meter shall provide a repeatable accuracy of ±0.5% of velocity for velocities greater than 1.0 FPS and ±1.5% to ±2.0% of velocity for velocities less than 1.0 FPS. The flow meter shall be mounted on a PVC pipe housed in a 6' diameter fiberglass manhole. The flow meter shall be Fuji Electric Time Delta S Ultrasonic Flow Meter Pa~t Ha. F/VS,2 as manufactured by FUJI ELECTRIC CORPORATION, and distributed In Texas by Lone Star International Corporation, New Braunfels, TX [830] 626-7474. 2.02 DIGITAL DISPLAY PANEL A. LCD Integral Digital Display with Back Light Configurable from keypad to display flow rate and totalizer values, velocity or output range. Flow shall be totalized on a 9 digit, non-resetable. It shall provide a cumulative total of the measured flow_ The counter shall not reset or lose data in the event of a power failure or system shut down. 2.03 ULTRASONIC DETECTOR A single, surface-mounted "Submersible Detector Set" PaN No. FLW41S consisting of two [2] universal sensors for 2" to 72" pipe diameters capable of transmitting and receiving the ultrasonic signal shall be provided_ Each sensor shall mount on the outside of the pipe wall with stainless steel bands. No part of the sensor shall penetrate the pipe line. The detector shall have a Polyurethane housing with stainless steel cover plate and stainless steel mounting bracket_ All necessary cable between the ultrasonic detector and the electronic processor and transmitter shall be provided by the manufacturer. Flow Measuring Equipment Page 2 of 3 2.04, The converter shall be housed in a copper aluminnun alloy, coated with epoxy paint, rated ~ 6 with a h~ng~ cover ha%,~ng a ¢~e~r%N~ndo%N for viewing the display panel. The converter enclosure shall be mounted inside the existing Fiberglass Building Located on the site. All mounting accessories shall be stainless steel. The cable from the meter to the converter shall be one continuous and shall be buried (18~ min. cover) and placed in a ~" PVC electrical conduit. 2.05 ELECTRICAL CONNECTIONS The flow meter converter shall have electrical connections for 120 volt, 50/60 hertz. Contractor is responsible for reviewing the power supply available in the existing Fiberglass Building. 2 . 06 COORDINATION The Contractor shall work closely with the City of Corpus Christi Wastewater Department to coordinate the installation of the meter. 2.07 TRAININ(] A manufacturer's representative shall be available for a minimum of four (4) hours to check the installation and to train the City personnel on the proper use of the equipment. 2.08 METHOD OF PAYMENT The cost of all work associated with this specification shall be subsidiary to the Lump Sum Cost for New Flow Meter with Manhole as indicated on the proposal. 151503 Page 3 of 3 ULTRASONIC - FLOW METER ~6. ~ MANHOLE FLOW METERING NOT TO SCALE PIPE MANHOLE STATION PLAN EL. ~ 59.0 ~MIN. 3' DIA. MANHOLE RING AND COVER '~ _~---~SEE SANITARY 5~ ~ STANDARD DETAILS DIA, MH , '1 FOR MANHCLE DETAIL 12" PVC PIPE (8 LF.) ~\ ULmASON~C 12' PVC ~ L FLOW FORC~ U.~N ~ 53.0 FORCE I~NN (~FLOW METERING STATION SECTION NOT TO SCALE ADDENDUM NO. 1 Attachment 2 NAISMITH ENGINEERING, INC. ENGINEERING · ENVIRONMENTAL - SURV~TING CONTA AREA "EXISTIN~ FIBERGLASS ] METER/SAMPLE 60' BUILDINC~ , ~- ~ EXISTING HINGED MANHOLE FRAME ~'~ AND COVER EXISTING PROPER'P( ~ _NE 70' (~ ULTRASONIC NOT TO SCALE ;%~.." A "-'-?~ ~'*:"' ~ '".* *t ...;y ~ ~ ~ / _ 1~. O ~-'-.,~-~- FLOWMETER ,, ADDENDUM NO. NOTES: Attachment NAISMITH ENGINEERING, INC. ENGINEERING - ENlqRONMENTAL . SURVEY[NG I BID IT~ 1 2 9,866 LF 820 LF 10 EA 4 EA 2 EA 2 EA CLARKWOOD NORTH FORCE MAIN BASE BID III DESCRIPTION 12" FORCE MAIN (C 900), complete in place per LF 10" STILLWELL FORCE MAIN (C 900), complete in place per LF 12" D.I. M.J. 45~ BEND WITH RESTKAINTS, complete in place per EA 12" D.I M.J. 90~ BEND WITH RESTRAINTS, complete in place per EA 10' D.I. M.J. 90~ BEND WITH RESTRAINTS, complete in place per EA 10" D.I. M.J 45~ BEND WITH RESTRAINTS, complete in place per 10" PLUG VALVE, complete in place per EA IV PRICE V TOT/%L PRIC~ IN $ $ 8 10 11 12 13 14 2 EA 1 EA 10686 LF 8585 SF 328 LF 195 LF 1 LS 10" PVC TO CI COUPLING, complete in place $ 10" D.I.M.J. ?~E WITH RESTP~AINTS, complete in place per EA $ TRENCH SAFETY, complete in place per LF $ PAVF24~SNT REPAIR, complete in place per SF $. 24" DIA STEEL CASING (BORE), complete in place per LF $~ 24" DIA. STEEL CASING (OPEN CUT), complete in place per LF $. TURKEY CREEK CONNECTION WITH 6' DIA MANHOLE complete in place per LS PROPOSAL FOB~4 Page 3 of 7 ADDENDUM NO. 1 Attachment 4 I BID ITEM II III QTY & DESCRI~ION U~-~T UNIT PRICE V TOTAL PRZCE IN 15 1 LS FORCE MAIN INTERCONNECTION, complete in place per LS $ $ 16 1 LS LIFT STATION TIE IN (DRY WELL), complete in place per LS $. $ 17 1 LS LIFT STATION TIE IN (WET WELL), complete in place per LS $ $ 18 1 LS EMERGENCY BY-PASS ASSEMBLY, complete in place per LS $ $ 19 7 EA AIR RELEASE VALVE, complete in place per EA $ $ 20 1 LS ~ FOR A~)g~STME~'TS D~E TO UTILITY CONFLICTS, complete in place per LS $10,000.00 $10,000.00 21 1 LS TRAFFIC CONTROL, complete in place per LS $ $ 27 1 LS STORM WATER POLLUTION PR~JENTION PLA~, complete in place per LS S $ 23 50 CY DISPOSE OF CONTAMINATED MATERIALS AT CITY IJ~fDFILL, complete in place per CY 24 50 CY 25 1 LS 26 1 LS 27 1 LS 28 1 LS DISPOSE OF CONTAMINATED M~TERIALS AT HAZARDOUS WASTE FACILITY, complete in place per CY OZONE DAY ALLOWA~CE FOR PP.E-CONBTRUCTION ~FDLO~ATORY F~XCAVATIONS, complete in place per LS NEW ACCESS ROAD A/rD SITE FENCING, complete in place per LS New Flow Meter w/Manhole complete in place per LS $ $ $ $ $ $20,000.00 $20,000.00 $ $ $ $ TOT~L BA~E BID (BID ITemS 1-28) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the O~nner reserves the right to increase or decrease the quantity of any bid item. The above quantifies are approximate and may vary from the final quantities. Do not order material based on these aDproximate cuantities. ADDENDUM NO. 1 I Attachment 5 FORM SPECIAL PROVISIONS SPECIFICATIONS AND S OF C ONT RAC T S AND FOR BOND s CLARKWOOD NORTH FORCE MAIN Prepared By: Naismlth Engineering, Inc. 4501 Gollihar Road Corpus Christi, Texas 78411 Telephone 361/814 9900 Fax 361/814-4401 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TF~KAS Phone: 361/880 3500 Fax: 361/880 3501 I PROJECT NO: 7234 I DRAWING NO: STL 146 (Revised CLARKWOOD NORTH FORCE MAIN Table of Contents ~OTIC~ TO BTDDE~ (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept- 2000) Insurance Requirements ~DTICE ~N~ CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Projects For Government Entities P~.~T A - SPECIJtL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A ] Description of Project A 4 Method of Award A 5 Items to be Submitted with Proposal A-6 Time of Cempletion/Liquidated Damages A ? Workers Compensation Insurance Coverage A-8 Fa×ed Proposals A 9 Acknowledgment of Addenda A-10 Wage Rates (Re~i~ed 7/5/00) A-Il Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Se~ices A 13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A 15 Excavation and Removals A 16 Disposal/Salvage of Materials A ]7 Field Office A-18 Schedule and Sequence of Construction A 19 Construction Staking A 20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise (Revised 10/98) Construction A~2~---Iq%upcction Rcq~ (Raviscd 7~/00) (NOT USED) A-24 Surety Bonds A ~ ~ ~ .......... ~ {6/11/98) ................ ~ ..... ~O LO~ ;tPPLICABLE A-26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (~ US~) A 28 Considerations for Contract Award and ~ecution A 29 Contractor's Field A~inistration Staf[ A 30 ~ended "Consideration st Contract~ Retirements A 3i ~ended Policy on Extra Work a~d Change Orders A 32 ~ended "Execution of Contract' Re~ire~nts A-33 Conditions of Work A 34 Precedence of Contract Doc~ents A-36 City Water Facilities Special Requirements (NOT USED) Other Submittals (Revised 9/18/00) Rev. 8/03 Page 1 of 4 Participation Policy A-37 Amended ~Arrangement and Charge for Water Furnished by the City' A 38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Certificate of Occupancy and Final Acceptance A 40 Amendment to Section B 8 6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As Built Dimensions and Drawings (7/5/00) A 46 Disposal of Highly Chlorinatod Watcr (7/5/00} (NOT USED) A-47 Pre Construction Ek~ploratory Excavations (7/5/00) A-48 Overhead ElecCrical Wires (7/5/00) A-49 Amend 'Maintenance Guaranty' (8/24/00) PART B - G~E~AL PROVISIONS PART C - FEDF~R~_L WAGE ~{ATES AND REQUI~ENTS P~RT S - STAnDArD SPECIFICATIONS 021 SITE PREPk~ATION 022 023 025 021020 021040 021080 Site Clearing & Stripping S5 Site Grading S6 Removing Abandoned Structures S55 EARTHWORK 022020 022022 022420 Excavation & Backfill for Utilities & Sewers Trench Safety for Excavations Silt Fence S97 S9 FOUNDATIONS, BORINGS, PILES & CAISSONS 023020 Jacking, Boring, Turnneling S65 ROADWAY 0254 ...... ASPHALTS AND SURFACES 025404 Asphalts, Oils, & Emulsions S29 025412 Prime Coat S30 025424 Hot Mix Asphalt Concrete Pavement S34 0258 ...... TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 026 027 UTILITIES 0262 ..... GENERAL 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe & Fittings S81 026210 PVC Pipe - AWWA C900 & C905 S83 S89 0266. . . SANITARY FORCE MAINS 026602 Installation of Sanitary Sewer Force Mains 02640 Combination Air Valves SEWERS & DRAINAGE 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes Rev. 8/03 Page 2 of 4 028 030 SITE IMPROVEMENTS & LANDSCAPING 028020 Erosion Control by Seeding S14 028340 Chain Link Security Fence S71 CONCRETE, 030020 032020 03~000 040 M~SONRY 042020 050 METALS 055420 090 GROUT Portland Cement Concrete S40 Reinforcing Steel S42 (Includes Diagram) Concrete Structures S41 Concrete Masonrl; Unit Frames, Grates, Rings, & Covers S57 FINISHES 099020 Painting S56 150 MEC}{A/qICAL 1510 .... MECHANICAL & PROCESS VALVES 151020 Check Valves (lever and weight operation) 151030 Eccentric Plug Valves (s-105) PE~MITE 1 TxDot Permit (FM 2292}, Rand Morgan Rev. 8/03 Page 3 of 4 LIST OF DRAWIN(~S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Title Sheet Summar7 of Quantities General Notes Project Layout and Baseline Map Sheet Index Plan Existing Utility Map Proposed Sanitary Sewer Force Main System Lift Station Site Plan Miscellaneous Lift Station Details Force Main Plan and Profile Sta Force Main Plan and Profile Sta. Force Main Plan and Profile Sta. Force Main Plan and Profile Sra. Force Main Plan and Profile Sta. Cross Sections Sta. 1+07 to Sta. Cross Sections Sra. 30+00 to Sra. Cross Sections Sra. 60+00 to Sra. Cross Sections Sta. 90+25 to Sra. 1+00 to Sta 20+00 20+00 to Sta. 40+00 40+00 to Sra. 60+00 60+00 to Sra. 80+00 80+00 to Sra. 98+66 25+00 55+00 85+00 95+00 and Restraint Lengths Stillwell Lift Sanitary Sewer Sanitary Sewer Sanitary Sewer Sanitary Sewer Station Flow Diversion Standard Details Standard Details Standard Details Standard Details Sanitary Sewer Standard Details Storm Water Pollution prevention Plan (Layout) Stor~n Water Pollution Prevention Plan (Notes and Details) NOTICE PROPOEAL / DI SCLO S~%E STATEMENT PERFO]~tNCE BOND PAYMENT BOND Rev. 8/03 Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CLARKWOOD NORTH FORCE MAIN A new 12" PVC sanitary sewer force main (9,866~ LF), along Leopard St., will be installed to convey sewage to the west from the existing Clark-wood North lift station to an existing 27" VCP line on Turkey Creek. Also, a 10" PVC sanitary sewer force main (820± LF) will be installed along Clarkwood Rd. from the Clarkwood/Leopard intersection to Clarkwood North lift station The 10" force main will divert the flow from the Stillwell lift station to the Clarkwood North lift station. All in accordance with the plans, specifications and contract documents_ The proposals will be received at the office of the City Secretary until 2~00 P.m. on Wednesday, J~nu~r~ 19,2005, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 1:00 P.m., Tuesday, J~nu~rv 11, 2005 amd will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, city Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond iu the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages, Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not return%ed to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty ~d Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall DaY not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project_ The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ ~ngel R. Escobar, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5J~0 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operatior~s Hazard 6. Contractual. Insurance 7 Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY-OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIAJ:I1LITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not lflnlted to sudden & accidental discharge; to include long- tern environmental tm.pact for the dtsposa[ of con~xinaats BLrlLDERS' KISK INSTALLATION FLOA~R $2,000,000 COMBINED SINGLE LIMIT $ 1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH ri OF THIS EXttlBIT $1,000,000 COMBINED S INGLE LIMrl~ $2,0oo,000 COMBINED SINGLE LIMIT _ REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance Reqff~emant~ X NOT REQUII~D See Section B~o-I 1 and Supplemental Insurance Requirements __ REQUIRED X_.. NOT REQIJIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage, OThe name of the project must be [istcd under "description of operations" on each certificate of insurance OFor each trtsurance coverage, the Contractor shall obtain aa endorsement to thc applicable insurance policy, signed by the insurer, providing the City with thirty (3 0) days prior written notice of cancellation of or material change on any coverage. The Contrac tot shall provide to the City the other endorsements to insurance policies or coverages which are specified in s~tion B- 6-I 1 or Special Provisions sectton o£the contract. A completed "Disclosure of Interest" mnst be submitted with your proposal. Should you have any questions regarding insurance requiremen~v, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKEP.' S C0:,:PE"-~SATION CO%rEP_AGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GOVE_~/~MENT ENTITIES Texas law requires than most contractors, subcontractors, and others providing work or services for a City building cr constI-uction prcjec5 must be covered by worker's compensation insurance, authorized self-insurance, or an apprcved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project sea-vices (including deliveries to the job site) no provide 1 of the 3 for~s of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranny period. :.%otor carriers which are required to register with the Texas Depar:ment of Transportation under Texas Civil Stauu:es Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of whick is attached and deemed incorporated into the project contract_ Please note that under section 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing sez-vices for the Project; the Contractor 2s required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site_ By signing this Contract, the Contractor certifies that i5 will timely compi}- with these Notice to Contractors "B" requirements. Title 2S. ENSL-RANCE Part II. TE."C4. S V,:ORICERS' COMPENSATION CO3iMISSION Chapter il0. REQUI:KED NOTICES OF COY-ERA. GE Subchaprer B. E.MPLO'FER NOTICES '5 110.110 Reposing Requiremenr~ for Building or Construction Projects for Governmental Entities (a) The following words *nd terrr~, v.'hm't used in this mie, shzi[ have the following m~'-~nlngs, unles'= the context c! ~em-ly indicates othe. a-~se. Te.m'm not defined in Ods rule shzl.l have the mem'.ag defined in t. he Tex:m~ labor Code, if go de6ned. (l) Cerruic~m of core.ge (c=ai.ficas.=)-A copy of a cm-d~.caze of i:.StLm_nce, a c=rti~cate of authorip,.' to seiz'--irtsure issued by the comrmSsiors or a worke, rs' com~e.~zdon coverage a_m-eement (TWCC-$ i, TWCC-S2, TWCC-83, or I'WCC-S4), showing sTmtutory, workers' compe, rm~tion ixtmmnce coverage for the person's or enthy's employees (including those subjecx to z cover'age _zgreemen0 providing services on a project, for the duration o£the project_ (2) Building or co~tmo'J, on-Has the mea_qing deft_ned i.n the Te.'w_..s Labor Code, § 406.096(e)(1). (]) Contmc;or--A person bidding for or awarded a budding or coastruc-don projecz by a governmental (4) Coverage-Workers' compertsadon insm-znce meeting the statutory requirements of the Te. xz~ Labor Code, § 401.011(4-4). (5) Coverage a_m-eement--A -va-in:e= z~eem=nt on form 'i%VCC-$1, form TWCC-82, form TWCC-S3. or form TWCC-84, filed with the Tex.~ Workers' Compen.sarion Commission which esr. ablishe.s a ret,ttion~hlp berwee~ the pard~ for purposes of the Texas Worker~ Compea'z.~xtion Act, pm'~m-t to the Texa~ Labor Code, Ch.pter 406, Subchapter~ F *nd G, a~ one o£.mp[oyerlemployee a~d esmbtishe~ who will be rezpons~le tar provM;ng workers' ¢omp,-n~tiou coverage for person~ providing service~ on the project (6) Duration of the projecx-Imctudes the time Eom the be_~qning of work on the projec~ until the work on the project hms beton comple:ed =qd accepted by the govermmenral endt'y. (7) Persoas providing se.?ic.~ on the proje= ("mbcontr-z~or" k: § 406.096 of the Act)-~,~,qth the exception o£~ersorm excluded under subsemioms (h) and (i) of this secfio~ includes all person~ or enuties pe.~o~mimz all or om'~ of the service~ the contractor has undm-m, ken to perform on the project, re~zazdless or-whe[her thai person contramed directly with the contractor and regardless of'Whether that person has emnlovees. TNs includes but is not limited to independent contr-&ctors, subcontractors_ le.~mg comnarfies,'m~tor comers, owner-operators, employees of any such entity, or employe~ of any entity. ~misNng persons to perform se.wices on the proje~. "Services" includes hut is not limited http:/l,.~ctt,-~ scs.state.~.uw'tacf2Sfl-l/l i0/'B/] 10.110.htm.t w,~. z oe ~ 7o pr?'c~_:.'-_:. ~'.zuiing, oF deEvenng eqinpmen: or ~at:nJs cr 7r~snding labor, :~nsponzdem or other (8) Pzcje~-Lnc!udes thc prc',ision cf all services F:iz:ed Lo a bui]~.'.:ng CF ccn~rzu~doa c~zn-ac~ for a gove.n"z':ez:'-i entity. Co) Pro,noir_g or causing to b~e pro'Aded a c-erdfige:e of coverage ?urzuant to th~ rule is a represe~dc,-_ by the in~uzed :.hat all employees cf~e ir~red wb.o axe providing servicza on ~he proje~ ~-e cc. vered by workers' compemadon coverage, that the coverage z$ b~ed on proper reporting o£c[axszficadon codes and payroll a.mouc,:s, and that all cover-age agreements Pave been fi~ed ~th r~he eppropriate ~ce carrier or, in the c~e ocs self-in, m-ed, with the oommizsio=~s Division of.Se~-Ir,~ur-a_nce R%malztiop~ Providing f~se or rn~sie2ding ce~cates o£coverage, or faiiiqg to provide or =zintz~m requized coverage, or faiIirtg tc report imy c?,znge that materially affe~ the pFovision of coverage may ~abj~z~ t~¢ contractor or other person providimg sep.4ces on the proj~'t to admird~-zdve penalties, c~ permldes, civil pezzki¢~, OF other civil actioo~. (c) A gove.,-?~ental eathy ti-z: eaters into a buUdiag of conszruc'-~on contract on a proje~ (1) include M the bid specificatiorts, all the provisic~ of paza_~-zph (7) of this subse, c~ion, uxmg the language requkefl by para_m-apb (7) of this subse~i:rc (2) a~ pac~ of the contract, using the language requL-ed by para~m-~ph (7) of t. kix subsec~ort requtre ~e contra~ar tc perform a~ required in subseCUon (d) oftkis section; (3) obtain E'cm the contra~or a cm-dficate of coverage for each pe,'~on providing services on the project, prior to that pe,'~on b%ginning work on the project: (4) obrMn ~cm the coak,-e, ctor a new ce_,-tifioate ofmverage showing ex-ten~ioa of coverage: (A) before tee end of the cc,-rent cove~ge period, k-r,he contwamofs ctwrent certifi~te of coverage shows that tee coverage pe<od ends during the dtW~on of the projezt; .and (B) no i~rer r!',.a.n seven days at, er the expiration of' the c~ve_a-ag_e for each other perSon provi,~i-g servic~_s on the proje~ whose current certificate shows th~, the coverage period ends during the duration of the project;, (5) retam ~aS.fica~es ofcove~ge on fi/e for the duration of the project and for three years thereafteq, (6) provide a copy of the ce:':Lficates of'coverage to the commm~ion upon requem and to amy peFson entitled :o them by law; amd (7) u~e the lax. gaage contained in the following Figure i for bid sr,,ecifications and controls, v, dthout any additiort~ words or changes, except those required to accorrtmodale the specific document irt wNch they a~s contained or ;o impose stricter standards of documentation: z2ss 0(c)(7) http://w,ozw sos stzte.tx.ux.,'tac'2gfLI./110/B/l I0 110.htrrd 8/7/98 ~ TA.C 110.1 10 Page 3 of 6 2) A contraczor s~: provide cover-age for iu empicyee$ providing s~vic~s on a projec~ fzr dee du~don of ~e projes: b~ on proper red.mB ofd~s~o~ ~d~ ~d pz~o~ ~ou~ ~d =~:ng of~y cove~ge z~menzs; ,12) provide a ce.,-lifi~te of coverage showiag workers' compensation cove.~ge to the governmem~l ~ndW prior to be~.-n~i'~g work on "ne ?reject; (3) provide the gove~memal end.-.,', ?dor to the end of the cove..r~ge period, z new co-ti~ca~e of coverage showing extension of coverage, fi'the coverage period shown on the corm-actor's current certificate of coverage co& during the duration of the project; (4) obtain fi-~m e-~ person pr~viciimg services on a pr~jec~ a~d provide to the gove~ entity:. (A) a cert~cal:c of coverage, prior tn tha~ person be~'nning w~rk on the project, so the govemmemt~l ~ntiW will have on file certificates of coverage showing cover'age for all persons providing services i-_~ projecT4 md tTB) ao taler ttmn seven days alter r~ei=t by the coma-actor a new cea tific.~e of coverage showing extension of ~overage, if the coverage period shown on the current eertific~t= of coverage ends during the duration of the project; (5) retain al.[ required certificates of coverage on fi.lc for the duration of the project and for one year (6) aofi~y th~ governmental entity in writing by certified re.il or pea~oma, l deriver'y, w-;;,h;,, ten days afl:er ~he ~rmmctor Imew or .~d have imown, of'a~ ~q.m~e th.t m.re~y ;~ec~ the provision of coverage of any person pmvidin~ ser'vic~s on thc pmje~; (7) post a notice oa each pnaject r.:e bfforming all persons providing servic~ on the pnaject th.t they ~re required to be covered, and ~'~i.5 how a person may wa'iCy oarrem covera~_e and report future to pnavide coverage. This -odc~ does not safizfy other po~rin~ reslllirg~e.nr~ i.~4ao.%"d by the Act or other co.,,-;..'ion rules. 'rhh notice mu_st be lximed with a title ha az least 30 poim bold type and text ha az l~r 19 poim nor,~.! type, az~d shall be ha both l=x~i~h and SpanNh and any other lmaguage common to the worker pop,,I.~iom Thc text for thc notices ,~hall be the fOllOW~ teXI provided by the co~sion on the _~r~, lc notice, without ~ addition~l words or e~,ne:es: REQUII~T~ WO~' COIvIPE~SATION COVER. AGE "The taw requires rh~r each p~r~on worMn5 On ~ site or providhag services re!~ to ~ ~on pmj~ m~ ~ ~v~ by wo~' ~oa ~. ~T-~ ~clud~ pe~o~ proMd~ hn,,lin~, or d~ ~pm~ or ~ed~ or pmMdin~ ~r or ~on or o~ sem~ ~lat~ to the proj~ r~dl~s of~e id~ of ~eir ~loy~ or st~ ~ ~ ~ploy~." "Call the Texas Workers' Competmadon Commission at 512-440-3789 to receive information on the legal requirement for coven.ge, to veri~ whether your employer h,~ pn~vided the required coverage, or to report an employeds failure to provide coverage." h ~tp'Y/w~zw .... sos state tx.u.s/tac/28fH./110/B/110.110 html ~,~x,,dv,~, '4X/ta/~)ot ~ 8/7/9g (A) provide coverzge b~sed on proper re~or~L'%~ o£c{~ssbScauon codes ~-qd p~oii ~.ouu~ ~d ~ of~)' core.ge a~ee~e~ for ~ of i= em~ic)'~ pro~d~ se~,4c~ on fine proc=_ 3=r ~e durzdon of~e proje~; (B) provide a cerrJ~ca:e o:* coverzge to the con:,~or prior to that pe:son b%~mLug '.rode on the proje~; (C) inciude in ~u conu2~s :o provi6e secvices or, the proje~ (D) provide thc coat. roccA prior :o the end ot-~e coverage period, z new cer'dfic.%e of coverage shovang e,'a,"~,ior, of coverage, k"~e coverage period shown on the current cerrifica;e of coverage ends du.rmg the du-rancn cfr. he project; (E) obraZu from eac.~ other Felon ~-ith whom i: contva~s, v. nd provide to the O) a ce.~cate of core. ge, prior ~o fine other ;e~on be~nr'Ang work on the proje~; ~'~d (-d) prior to the end of the cover~_e period, a new cet-fificaze of coverage showing e=ensioa of the coverage period, K'the coverage period shown on the curcer, t cer%fica~e cf coverage ends during the duration o£ the project; (F) re~.i- all required certificates o£coverage on file for the duration of the projec~ zad f'er one year (G) notify, the governmenr.~2 entity in wr/dng by certified ~ or p~rson~ delivery, wk~in ten days after the per, on knew or should have known, of any change that materially a~ects the provisio~ of coverage of may person providing se.,'v~ces oa the projeu-q amd ~ C~ruuaC'n,ntly require ezch other pe~on with whom it conr.~c:s, to perform = required by aubpar-~-a_ phs (A)-(H) o£flzis parag~ph, with the ce~ ti~cate of cover,_ge to be pro,Stied to the person ['or wlhom th{.,.y 21'e providing (e) A per, on providing services on a proje~ other t. ha~ a contractor, sh,{I- (I) provide coverage for its employe~ providing services on a projec% for the duration of the projec~ based on proper reporting of classification c~des and payroil mounts ~nd filing or'any coverage agreements; (2) provide a certificate of cove~ge ~s required by its contrac: to provide services cn the project. prior to beginning work on the project; (3) ~.ve the i~ol/owing language in i~ ~n~ ro p~de se~ces on ~e pros~: "By ~ ~ ~a~ or pro~d~ or e_~,,6qg to be pro~d~ ~ ~te of~ve~g~ ~e p~sou sing ~ ~n~ is repr~g tO ~e gov~ ~5~ ~ ~ e~loy~ of~c p~oa ~ng ~ ~n~ who ~ pro,de se~ on ~e proj~ ~ be cov~ by workm' ~ou ~ve~e http:f/w~-vw.sos.s'tat e.tx_us/tac./28/IUl lo/B/110.1 IO.html for m: duration o£~: project, ~at me cc'.'er~ge will be b~¢d on proper reporting o/'c. la~sLficaUon code~ ~d ~ayro[l z..'=oun~, and ~h~t ~ cove.~ge ~eemenm ..,.4ii be filed wi~h the ~ppropdate m-vur~c: -carrier or. L-: the r~¢ ora self-inzureci, with the commission's Division of Self-~ce Reguizdon. Proviciing false or misleading_ k-~-orma, ion may subjec'~ ~e coatracaor ~o adminLv, amtive penzides, criminal i;:e::alties, civil permltie~, or oth~ c'iv':d (4) pro,nde the person for whom it ii providing service~ on the proje~ prior to the end of the coverage period shown on ~rs current ce.~_.~ca~¢ ofcoverag_c, a new cert~c~tc showing exze~ion o£ coverzge, k-the cove:'ag¢ period shown on the eerfificaze ~f coverage ends duriag the duration of the proje=; (5) obtain fi-om each person providing service~ on required by its (A) a c.~dfimIe of coverage, prior to the other person begi_'.-;-g work on the pmje~4 and (B) prior to thc end of thc coverage period, a new certiic, a~c of coverage showing e.~,-ion of thc covcrzge period, if the coverage period shox~m on the O.U'Teat cm'dficate ofcoveage end~ duri~ the dt.u-adoa of the proj~-g (6) rer=i, ali required c.m-dficates of coverage on file for thc dtu'-a~on of the project and for one year (7) notify thc governm~-mnl entity in writing by ce~dlled rnni! or pea'soeml delivery., of any cbs.ge that ma~erizlly affeu-~ the proviiion of coverage of'my person provid/n~ servicea on thc project ami senti thc nodco within ten days a~ the person k~ew or should have lcnown of the change; (8) cotm-a~,ally require each oth~ pe~'soo, wkh whom it contracrm to: (A) provide coverage based on proper reporting ofels~ir~t~on codes .nd payroU amou~ and fi'ling of any coverage agmemems for all of its emplayee~ provicrmg services o~ the projec~ for thc dm-ahoa of the project; (-B) provide a c.m d.llcate of coverage to it pdor to thai other person be~'n~-S work oa th~ projec~ (C) iaclude ia aJJ c.~aa"ac~ to provide servic.~s on the pro]ec~: the ~a~'"ge in para.~_' ~h ('3) oftt:~ s~bsc~:io~; (D) provide, prior to the end of the cover'age period, a new ce.,-lificale ofcoveraffe showing extermion of the coverage period, if the coverage pedod shown on the curre~ certi:fica~e of coveaage emd~ dul~g the dural/on ~fthe project;, ('E) ob,.i~, Eom each other person under ccrm-act to k to provide services on the project, and provide as required by its contract: (i) a cert~caIe of coverage, prior to the other person bew'nning work on the project; and (h) prior to the end of the coverage period, a new certificate of coverage showing extortion of the coverage period, if the coverage period shawa on the current certificate of coverage ends during the httpY/wx, r~.sos.state_~x.us/tac/28,q'Iff110/BI110 110.html z~ taa t:u. ttu Page6of6 duration CF) re6un v_ii reauired cerd_5:2:*s a/' ccverane on file for the duration c£ the project ;md for one year (G) not. fly the govem~ev.'ad entity in writing by certified mxil or person,xi delivery, within ten days ~'rer the pe:'~on knew or should have known, of any ckange that mv. te.4~lly affeem the provi~ion o~' coverage' or,ny person providing sct-,,4ces oa the project.; ;md (H) conu-acmally require ,--ch .~e.~on with whom it canu'act_s, to pcrfcn'n ~ required by this - mbpar _a~-api~ and subpara~aph~ (A)-(G) o£this p _ax-~lx, with the ce,"dfigate of coverage to be provided to the person for whom they are provid/m3 serv~ce~_ (0 Ifa_ny provi_~ioa of this rule or ira applicauon to any p~rson or eirmlmsmnce is held invalid, the invalidity do~ nat affecx omer prnvixion~ or a~p[.ic:al:iorm ofthis ri.fie that ca.u be giv~l eft'ecl'without the invalid provision or applicaria; and to this end the provisions of th.~ rule are declared to be severable. (g) TI'ds mie is applicable for buiidi.ng or cortszrumon co~,trac-,.s advemsed for bid by a govenm~enral entity on or a..qer September 1, I994 This rule is also appllc~hle for those buildillg or e.,oms'~ucxion connam entered into on or a.qer September 1, 1994, which are not req_uired by law to be advertised for bid. (h) The coverage requirement in ~hi~ rule does not apply to motor ca.wiers who are required pm'sua~ to To,cas Civil Statutes, Article 6675c, to regis'tot with. the Texas De4. ~'~mem of Tran. s[mr~ation ;md who provide accidental ~ce coverage pursuam to Tv_xa.s Civil Statutes. Artiele 6675c, § 40"). (i) The cove~ge requiremea~ in'rids rule doea nat apply to sole proprietors, parmer~, ;md corporate officer~ who meet the requirements of the Act. § 406.097(c), and who ar~ explici-dy exc~ded fi-om coverage in accordance w/th the Act. § 406.097(a) (~s added by House Bill 1089, 74th 1995, § 1.20). This mbsecfion zpplie~ only to sole proprietom, parmers, and corporate offie~ who arc excluded fi.om coverage in ;m in_et,wahoo policy or eam:ffic:~te of authority to self4mm.re thai ts deliver,:( i~med for delivery., ar renewed on or at, er IXnuary 1, 1996. Source: The provisions oftl~ § I I0_110 adopted to be ~ff'ect/ve S~tember 1, 1994. 19 TexB.eg 5715; amended to be effective N'ovember 6, 199S, 20 Texlt~g 8609_ Return to Section Index http://ww'w.sos.staze_tx_ u~t ac/28/'D./11 O/B/110. 1 10.htrnl 8/7/98 PART A-SPECIAL PROVISIONS CLARKWOOD NORTH FORCE MAIN SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiviug Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p~m.on Wednesday, January 19, 2005 in the En~tnesr/~g Services Na/n Conference Ro~m, 3~d Floor. City Hall. 1201 Leopard Street. Corpus Christ~, Texas Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - C~uA~D~OOD NORTH FORCE MAIN A pre-bid meeting will be held on Tuesday, January 11, 2005 beginning at 1mO0 ~.m. The pre bid meeting will convene at Engi~eering Services Main Conference Room, 3 Floor, City ~all, 1201 Leopard Street. Corpus Christi. Texas , and will include review of the project scope. No additional or separate visitations will be conducted ~i~. A-2 Definitions and Abbreviations Section B 1 of the General Provisions will govern. A-3 Description of Project A new 12' PVC sanitary sewer force main (9,866± LF), along Leopard St., will be installed to convey sewage to the west from the existing Clarkwood North lift station to an existing 24' VCP line on Turkey Creek. Also, a 10' PVC sanitary sewer force main (820± LF) will be installed along Clarkwood Rd. from the Clark-wood/Leopard intersection to Clarkwood North lift station. The 10' force main will d/vert the flow from the Stillwell lift station to the Clarkwood North lift station. All in accordance with the plans, specifications and contract documents. A-& Me.od of Award The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be &%,~-~4 tted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must re£erence Pro4ect Name as identified lu the Proposal) (A Cashier's Cheek, certified check, money order or bank draft frc~ any State or National Bank will also be acceptable.) 2. Disclosure of Interemts Statement Data from Special Provision Sections A 28, -A 29, and A-30. In an effort to quickly e~pedite the process of reviewing bids and awarding the contracts, the City is requesting that all bidders submit the data outlined in Special Provision Sections A-2~, A-29 and A-30. Failure to do so will make the proposal non-responsive. A-6 TM of C.~-:.letion/Liquidated Damages The working time for completion of the Project will be 150 calendar (]aye. However, there lsa special req~irement that work associated with a section of the 12~ force main shall be completed first and within 90 calen~mr days after the notice to proceed. See Special Provisions Section A-18, Schedule and Sequence of Construction. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ('City Engineer') to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City E~gineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers C_~i~nsation I-nsur~nce Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage m~eting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' com~>ensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Fa~e~ Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. Section A SP (Revised 9/1B/D0) A-9 A=k~wle~nt o~ A~denda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. L~bor preference and wage rates for ~eavy Construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing min//uum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, work~n, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, work~en, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker_ The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the ProDect- These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional retirements concerning the proper form and content of the payroll submittals.) One and one half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays (See Section B 1 1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Coo~er&~ion with P~blic Ag~uacies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669 8344, and the Southwestern Bell Locate Group at 1-800-828 5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Naism/th Engineering, Inc. Willie Rivera, Jr , Traffic Engineer Police D~par tmen t Water Division Was tewater Department Gas Department Storm Water Department Solid Waste Services AEP Southwestern Bell Telephone Co. City Street Div. for Traffic Signal/Fiber Optic Locate 880-3500 880-3500 814-9900 880-3540 882-1911 857-1880 857-1818 885-6900 857-1881 857-1970 299-4833 881 2511 857-1946 (880-3140 after hours) (880-3140 after hours) {885-6900 after hours) (880-3140 after hours) (693-9444 after hours) (1-800-824-4424, after hours) 857-1960 Section A - SP (Revised 9/18/00) Page 3 of 22 Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) choiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Corps of Engineers Texas Parks and Wildlife Texas GLO Texas Dept. of Transportation 857 5000 (857 5060 after hours) 887 9200 (Pager 800-724-3624) 813-1124 (Pager 888-204-1679) 881 5767 (Pager 850-2981) 512/935 0958 (Mobile) 972-753-4355 814-5850 825 3244 826-3030 808 2300 A-12 Main=----ce of Services The Contractor shall take all precautions in protecting existing utilities, both above and below Ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc_ and from as much [ield work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc_ However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price_ Ail such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i_e_ broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flu_~ed over the streets or ground surface a~d Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price_ Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor_ A-i~ Arem Agcess .~a Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor m~st provide temporar~ driveways and/or roads of approved raaterial during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse i~pact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards ~nd Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Section A - SP (Revised 9/18/00) Ail costs for traffic control arc considcrcd subsidiary; thcrcforc, no dircct paymcnt %~ill bc madc to Contractor. A-14 Construction E~ui~ment S~illage ~nd Trackin~ The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or r~re frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoininq streets. A-15 Excavation and R~vals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with 'clean" dirt. 'Clean' dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other m~terial that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc_, are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of ~aterials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor_ A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office The Contractor shall submit to the City Engineer a work plan based only on calendar days_ This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting_ It is a special rec~irement that the work on the 12' force main from station 1+00 to the existing manhole and new interconnection at station 48+24.75 7.8L must be completed first. Once this section of line has been completed, tested, approved and flow diverted into the new section of line, then the co~tractor may proceed with the remaining work. This first section of work must be done within 90 Calendar Days after the notice to proceed and/or no later than June7, 2005. (Revi~ed 9/18/00) Page 5 of 22 The plan must indicate the schedule of the following work items: Initial Schedule: Sub,it to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. Periodic Update: Submit Updated Construction Progress Schedule to shew actual progress of each stage by percentage against initial Schedule. A-19 Construct&on Pro~ect La~f~ut ~nd Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc that are normally required to construct a project of this nature. Major controls and two (~) bench ~rks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench ~ark, the Contractor shall provide the Ci[y or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor_ Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor_ If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and ~amholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Su~ey (R_P.L.S) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits_ Following is the minimum schedule of documentation required: Streets: · Ail curb returns at point of tangency/point of circumference · Curb and ~utter flow line - both sides of street on a 200' interval~ · Street crowns on a 200' interval and at all intersections. (Revfsed 9/18/00) · Ail rim/invert elevaEions at manholes; · All intersecting lines in manholes; · Casing elevations (top of pipe and flow line) (TXDOT and RR permits). · ~ top of valves box; · Valves vaults rim; · Casing elevations (top of pipe and flow line) (T×DOT and RR permits). · ~/invert elevations at manholes; · Ail intersecting lines in manholes; Casing elevations (top of pipe and flow line) (TXDOT and RR permits)_ A-R0 Telt~n~ and Cer~if~catlon Ail tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be berne by she City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be berne by the Contractor and deducted from the payment to the Contractor The Contractor must provide all applicable certifications to the City Engineer A-21 Project Slg~lS The Contractor must furnish and install two (2) Project siqns. A copy of the sign is provided at the end of this section, as indicatcd in scction 021010 of thc otandard spccifications. The signs must be installed before constru/ction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Minority/N/morit~, Business ~nter~rise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal E~ployment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively nuanage, and share in payments from such an enterprise in the manner hereinafter (Revised 9/18/00) Page 7 o~ 22 set forth~ Owned For a sole proprietorship to be deemed a minority business enterprise, it must be ow?ned by a minority person~ (b) For an enterprise doing business as a partnership, at least 51~0% of the assets or interest in the partnership property must be owned by one or r~pre minority person(s) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be ovgned by one or m~re minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, co~maissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minorit~: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned a~d controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or ~ny combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal carhnot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having m/nority participation in 25~0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be perfor~ned by the joint venture. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: N/nority Participation (Percent) Ml~orit~ Business Enterprise Par~ictpat~on (Percent) These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially unifor~ throughout the length of ~he Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall particil~ation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to sub, it bi-weekly payrolls in a timely fashion or to submit overall participation information as required A-23 Ins~ection Required (Revised 7/5/00) (NOT USED) Thc Contractor shall assure thc appropriate building inspoctions by thc Building Inspection Division at thc variouc intervals of work for %;hich a pcrmit is rcquircd and to asourc a final inspection aftcr thc building is complctcd and rcady for ~ccupancy. Contractor must obtain thc Certificatc of Occupancy, when applioablc_ ~cction B 6 3 of thc General Provisions is hereby amended in that thc Contractor must pay all fccu and charges lcvicd by thc City's Building Incpoction Dcpartmcnt~ ~nd all other City foes, including watcr/%;astcwatcr metcr fccs and tap fccs as rcquircd by City. Surety Bonds Paragraph two (2) of Section B-3 4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bends or who has an interest in any litigation against the City. All bends must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactor~ to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surlJlus. For purposes of this section, the amount of allowed capital and surplus will be verified tIurough the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bend must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that ~ets all the above requirements_ The insurer or reinsurer must be Section A SP (Revised 9/18/00) listed in the Federal Register as holding certificates of authority on the date the bond was issued.' A-25 Sales Tax ~xem~tion (NOT USED) gection B 6 22, Tax E×cmption Provision, is deleted in its entirety and thc following oubctitutcd in lieu thcrcof~ Contrasts for improvc-mcnts to rcal propcrty awarded by thc City of Corpus Christi do not qualify for c]£cmptions of Calco, ~[cioc, and Usc Taxco unless thc Contracto~ elects to operate under a ocparatcd contract as dcfincd by Scction 3.~91 of Chaptcr 3, Tax Administration of Title ]4, Public Finance of thc Tc×ao Administrative Codc, 8r such othcr rulco or rcgulations as may be promulgated by thc Comptroller of Public Accounts of Tc×ao. If thc Contractor clccto to opcratc undcr a ocparatcd contract, hc shall: 1. Obtain thc necessary calco ta× permits from thc State Comptrollcr. Idcntify in thc appropriate space on thc 'Ctatcmcnt of Materials and Other Chargco" in thc proposal fo~m thc coot of materials physically incorporatcd into thc Projcet. 3. Providc rcsalc ccrtificatcs to supplicrs~ Prowidc thc City ~;ith copies of m~tcrial invoices to substantiatc thc proposal value of ~tcrials. If thc Contractor docs not elect to operate under a ccparated contract, hc must pay for all £alcs, E×cisc, and Usc TaKes applicable to this Projcct. gubcontractors arc cligiblc for sales tax c][cmptiono if thc subcontractor also eomplics %;ith thc above roquircmcnts. Thc Contractor must issuc a rcsalc certificate to the subcontractor and thc subcontractor, in turn, issues a resale certificate to his mupplicr. A-26 ~u~pl~-t&l Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating~ In the event of cancellation or material change that reduces or restricts the insurance a~forded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Arts: Contract Administrator Address:P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents_ Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Section A - SP (Revised 9/18/00) Page 10 o~ 22 Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6 11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract_ The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Res~onslbility for D----ge C1~4--- (NOT USED) Paragraph (a) Gcncral Liability of Ccction B 6 11 of thc Ccncral Provisions is amcndcd to include: Contractor must provide ~uXlder's risk IBouxanue ou~-~rago for thc tcrm of thc Contract up to ~lnd including thc date thc City finally acccpto thc Projcct or work. Builder's risk coverage must be an 'All Rio]c" form. Contractor must p~y all coots ncccooary to procure ouch builder's risk insurance oovcrago, including any deductible. Thc City must be named additional insured on any policies providing ouch insurance coverage. A-28 Considerat~ons for Contract Awar~ --~ F~ecution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, thc City Engineer may require a biddcr to the contractor shall along with his pro,ssa1, provide documentation concer~ing: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the nan~e and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or ~aterials supplied which relate to any of its projects begun within the preceding two (2) years The bidder shall specify the name and address of the claLmant, the ~mount of the claim, the basis for the claim, and an explanation why the claim has not been paid. The bidder may also bc rcquircd to shall supply, along with the proposal, constr%~ction references and a financial statement, prepared no latcr than ninety (90) days prior to thc City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. Ail data requested in this section shall be submitted along with the proposal requirements outlined in Special Provisions Section A-5, Items to be Submitted with Proposal. A-29 Contractor's Field A~4nistr~tion Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: The superintendent must have at least fi~s (5) ~mxs recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed_ Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Docum~ntetion concerning these require~ents will suk~tted alon~ w~th the pro.nee1 .hA will be reviewe~ by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. ~uch written ~roval of field s~4-istr&tion ste~f Is a prere~uisite to the City ~n~lneer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the ter~ of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. Ail data requested in this section shall be submitted along with the proposal requirements outlined in Special Provisions Section A-5, Items to be Submitted with Proposal. A-30 ~'"~nded "Consideration of Contract" Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Along with the proposal, each bidder Within fivc (5) %;or],ing days following thc publi~ o~cning and rcading of thc proposalu, thc thrcc (3) apparent lowcst bidders (bascd on thc B,usc Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; A schedule of values which specifies estimates of the cost for each major component of the work; Section A SP (Revised 9/18/00) Page 12 of 22 4. A schedule of anticipated monthly payments for the Project duration. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firr0~ meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work_ The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project_ Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price_ Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7- 13; Ail data requested in this section shall be su]m~itted along with the proposal requirements outlined in Special Provisions Section A-5, Items to be Submitted with Proposal. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre construction conference; Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Wt~h~- five (5) days follo~ing bid o~.4.g, ~,~.~4t in letter ~o~, information i~entif~fing type of e~tity ~,A state, i.e., Texas (or other state) Cor~oration or P&rt~ershiD, ~ ~ame(s) a~ad Title(s) of 4~4vi~ual(s) antl~orize~ to e~c~te A-31 A~e~e4 Policy on Extra Work ~-d Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts' B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00~ The Contractor acknowledges that any change orders in an amount in excess of Section A SP (Revised 9/18/00) Page 13 of 22 $25,000.00 must also be approved by the City Council. A-32 Amended "F~ecution of Contract' Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3 5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretar~y, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referre~ to in S~eoial provision A-1. A-3& Precedence of Contract In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence In the event of a conflict between any of the Standard Specifications with any other referenced specifications, ~uch as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc_, the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A. visitor~Contractor Orientation Prior to pcrfoiNning %;ork at any City %~tcr facility, thc Contractor, his subcontractors, and cash of their cmploycce must havc on thcir p~rson a valid card ccrtifying their prior attcndancc at a Visitor/Contractor gafcty Oricntation Program sonductcd by thc City Watcr Dcpartmant Pcrsonncl. A Visitor/Contractor Eafcty Oricntation Program will bc offered by authorized City Water Department personnel for thoec persona who do not have such a card, and who dcuirc to pcrfoiTn any work within any City %gator facility For additional infor~aation refer to Attao~ B. O~aration of C&ty ~._ed F.~uiF'-~nt · ho Co~trac~or ahall not ~tart, ~rate, or st~ amy ~' _, ~-to~, valve, water ~ae~l{ty mt a~y t~--. Ail such itcms --~st ~ operated by sa/ operator or other authorized maintcnancc employee of thc City Water Dcpartmcnt. Section A - SP (Revised 9/18/00) Page 14 of 22 C. Prot:oot:lon o~: Wet;or Qu&lit:~' Thc City must deliver %;atcr of d~inking quality to its customers at all times. Thc Contractor shall protect the quality of thc water in thc job sitc and shall coordinate its work %;ith thc City Water Dcpartmcnt to protect thc quality of thc %~tcr. Ail m~tcrialo and equipment used in thc repair, rcasscmbly, transportation, rcinstallation, and inspection of ptl~D, or any other itcm~, which could come into contest with potable %~atcr, must conform to American National Standards Institutc/};ational Sanitation Foundation (ANSI/NSF) gtandard 61 as dcocribcd in thc Standard gpecificationp_ ~ ~o ~apo~tod ~ ~e o~te ~ au~r~ued C~ Darmo~l ~ ~tel~ prior to use. Thc Contractor shall providc thc Enginccr %;ith copies of w~ittcn proof of ANgI/NSF gtandard ~1 approval for all materials %;hich could comc into eontact with potable %;atcr. E. I~z~lLz~ ~ Disposal o£ Tr&oh II. I- J_ All trash Gcncratcd by thc Contractor or his cmployc~o, agcnto, or subcontractors, must bc containcd at all timcs at thc water facility site. Blowing trash will not bc allo%;cd_ Thc Contractor shall keep work areas clean at all times and rcmovc all trash daily. Contractor's pcroonncl must ~;car colorcd uniform ovcrallo oghcr tl~ln orange, bluc, or whitc~ ~aah ~ _ l~5'es "-4fo~ 's~ pz%~v~d~ ~ ~ mo and l~di?A~ual : . loFss /d~n~lfioa~ion. Congractor shall provide tclcphonco for Contractor pcrsorkncl. P~D.~ ~olophonoo ars no~ available for Cont~aote~ uoe~ Working hours will bc 7:00 A,H to 5~00 P.M., Monday thru Friday. Con~ractor must not usc any City facility rcstroomo. Contractor must pro~idc o~ sanitary facilities. All Contraotor vchiclco must bc parked at dcoignatcd site, as dcsiifna~cd by City Water Department staff. Ail Contractor vchiolcs must bc clearly labclcd with company name. No priYatc employee vehicles arc allowcd at N- Ctcweno Water Treatment Plant. All personnel must bc in co~pony vchiclco. During working hours, contractor cmploycco must not lcavc thc designated construction arcs nor %alndcr through any buildings other than for required work or am dircotcd by City Water Department during cmcrGcncy cvacuation_ Con~ractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any ~;ork to thc computcr bascd monitorin~ and control system must be performed only by qualified technical and super%finery personnel, a~ /~ctcrmincd by meeting thc qualifioations i thru 9 bclsw. This %;ork Page 15 o~ 22 includes, but is not limitcd to, modifications, additions, ehanGcs, sclcctions~ furnishing, installing, conncctinG, prog~a~tinG, customizing, debugging, calibrating, or placing in operation all hardwarc and/or software specified or required by thcsc specifications Thc Contractor or his subcontractor proposing to pcrform thc CCADA vgork must bc able to dcmonotratc thc following: 2. 3, 5 HC is regularly cngaGcd in thc computer baocd monitoring and control oyotcm business, prcfcrably as applied to thc municipal ~atcr and waotc%~tcr industry_ Mc has performed work on oyotc~no of comparable oisc, type, and complcxity as rcquircd in this Contract on at least throc prior [{c has bccn actively cngaGcd in thc type of work spcoificd hcrsin for at lcaot 5 ycaro. Mc cngployo a RcGistercd Professional EnGinccr, a Control Cystcano Engineer, or an Electrical EnGinccr to oupervisc or perform thc work rcguircd by this specifications. Hc employs pcroonncl on thio Projcct who ha¥c succcosfully complctcd a manufacturcr'o training oouroc in configuring and implcmcntinG thc specific computcro, RTUC'o, and software proposed for thc Contract. Mc ~aintaino a permanent, fully staffed and cquippcd service facility within ~00 milco of thc Projost oitc to maintain, repair, calibrate, and program thc systems opccificd hcrcin_ Hc shall furnish equipment %;high is thc product of onc manufacturer to thc mo~timum practical c×tcnt. ~crc this is not practical, all cquipmcnt of a Gi¥cn type will bc thc product of one manufacturer. Prior performance at thc O- N Ctcvcn~ Water Treatment Plant will bc used in cvaluatinG which Contractor or subcontractor progrmmn thc ncw work for this Projcct, Thc Contractor shall producc all filled out programming blocks rcquircd to oho%~ thc proGranmning as needed and required, to add thcoc two systems to thc e][iotinG City CCADA system. Attached is an c][amplc of thc required progran~inG blocks which thc City requires to bc fillcd in and Gi¥cn to tho City Engineer with all ehangcs madc during thc programming phasc. Thc attached ohcot is an c][angplc and is not intcndcd to shag all of thc required sheets. · hc Contractor will providc all programmin~ blocks uscd_ L_ Trcnching Rcquircmcnto Ail trenching for thio project at thc O. ~. gtcvcno Water Treatment Plant shall bc performed using a back_hoc or h~nd digging duc to tho number of existing undcrGroand obstruetiono. No trcnching machincs shnll bc allowcd on thc projcct. A-36 Other Suk~it~als Shop DrawinG Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing subn%ittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially Section A - SP (Revimea 9/18/00) Page 16 of 22 nhunk~r each transmittal foI~. Re-submittals must have the original submittal ntunber with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products rec~ired, field dimensions, adjacent const~ction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Marking: Contractor must mark each copy to identify applica~ble products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Space Requirements~ Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Re submittals: Contractor must revise and resubmit subm/ttals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed su~ttals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions_ Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval_ Otherwise, the related equipment will not be approved for use on the project. A-37 Am~ed =Arrangement and ~r~',-','ge for Water Furnimhed by the City' Under "General Provisions and Requirements for Municipal Construction Contracts' B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: 'The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan'). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction.' Section A SP (Revised 9/18/00) Page 17 of 22 A-38 Worker's Co~ensetion Coverage for Building or Construction Projects for The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. ~-39 Certificate of ~cupa~cy ~d Fill ~ceptm~ce The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 ~t to Section B-8-6~ Part,&1 Est4w~tes General Provisions and Requirements for Municipal Construction Contracts Section B- 8 6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project workaite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-A1 Ozone Adv~sor~ Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day w~11 not be counted as a work day and the Contractor will be conupensated at the u~nit price indicated in the proposal. It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City related projects and or jobs_ Under ·General Provisions and Requirements for Municipal Construction Contracts' B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants_ The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes i~j~ry to a/~ emD10yee of the contractor, or any subcontractor, supplier or materialman. A-AA Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.}. This breakdown information shall be su~tted by Section A SP (Revised 9/18/00) contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall ra~ke appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal a~d vertical) of all facilities_ (b) Upon con~letion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work_ (5) Any other changes made. Thc Contractor shall bc rcsponsiblc for thc disposal of watcr uscd for tcsting, disinfcction and linc flushing in an approvcd au/n-ncr. Contominants in thc watcr, particularly high lcvclu of chlorinc, will bc uscd for dioinfcctlon, and mey cxcccd thc pclNnismiblc limits for dischargc into wctlands or cn¥ironmcntally scnsitivc arcas_ Thcsc arc rogulatcd by numcrous agcncics ouch as TNRCC, EPA, crc. It will bc thc Contractor's rcuponsibility to comply with thc rcquircmcnts of all rcgulator¥ agcncics in thc disposal of all %;atcr uscd in thc projcct, Thc mcthods of disposal shall be oub~ittcd to thc City for approval. Thcrc shall bc no scparatc pay for disposal of highly chlorinatcd watcr_ Contractor shall not usc thc City's sanitary scwcr systcm for disposal of contaminatcd watcr A-47 Pre-Construction E~loretor~ ~xcavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. C~umtractor shall utilize h~roexcavatio~ i~m or~r to ~lyw~t~ these re~uAr~e~ts. Other e~loratory excevationmetho4~ ~aybe approve4by the E~l~inHr. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 feet 0 C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall ~erform no construction work on the prelect until all e~loratory excev&tl~- beve been made in their entirety, the results thereo£ reported bo the Engineer an~ until Conbractor receives Engineer"s approve/ o£ re~ort. Contractor shall insert the figure noted in his bid proposal Payment shall be negotiated. Any pavement repair associated with exploratol-y excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his o~ survey work effort (no separate pay) for exploratory e×cavations. A-48 Overhead Electrics1 Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equip~nt beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route_ Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no dan~ge to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and infom CP&L of his construction schedule with regard to said overhead lines_ Som~ overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 ~me~ed "~int---~ce Guaranty- (8/24/00) Under 'General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: -- "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi_ Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity_" A-SO Disposal of Contaminated Soil Ail costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing a~d maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is re~ved shall be paid for by the cubic yard on the tl-uck as measured by the City Inspector_ The cubic yard total in the bid proposal is an estimate for bidding purposes_ Contaminated soil will be noted on the Waste Profile Sheets. The City will require proof of acceptance of the contaminated soil before disposal. All disposal/disposal Contractors shall comply with applicable City of Corpus Christ ordinances, regarding peruLits, licenses and insurance and will conform to the Texas Commission on Enviror~mental Quality (Formerly TA[RCC) Regulations, and other Locale, State, and Federal regulations as applicable. A-51 Dew~tering Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the plnnp suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm w~ter inlet_ An alternative to sheet fl0w is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by man/nade berm(s) prior to entering the storm water system Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission_ Dewatering associated with groundwater only shall not be pumped directly or indirectly to the storm water system. The City's Storm Water Department (857- 1868) indicated that the City of Corpus Christi, by ordinance will not allow untreated groundwater to discharge to a location that flows into Corpus Christi Bay without testing prior to discharge_ If the storm water is tested and found to be of a quality that is equal to or better than the receiving water, then it can be Section A - SP (Revised 9/18/00) Page 20 of 22 discharged to the storm sewer system. The water must be tested periodically throughout the duration of the project. Options would include pumping to the nearest sanitary sewer or discharging to temporary holding tanks then trucking to a sanitary sewer or wastewater plant. Other grotundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis, pumped groundwater from the trench can be pumped to the sanitary sewer system adjacent to the proposed work_ Contact Mark Shell 857 1817 to obtain a 'no cost' permit. City will pay for any water testing or water analysis cost required. The permit will require an estimate of groundwater flow. Unless indicated otherwise in the Proposal, dewatering shall not b~ measured for pay, but shall be subsidiary to the appropriate bid item. (Revised 9/18/001 Pege 21 of 2~ PRO~ECT: OWNER ~ CONTRACTOR: AI~PL ICA]~ SPECIFICATION OR D~ (Revised 9/18/00) Page 22 of 22 6.I 2~_ 0u PART C-FEDERAl, WAGE RATES AND REQUIREMENTS Page 1 of 2 General Decision Number TX030039 06/13/2003 TX39 Superseded General Decision NO. TK020039 State: TEXAS Construction Type: HEAVY County(ies): NUECES SA~ PATRICIO HEA%~f CONSTRUCTION PROJECTS (including Sewer and Water Line Constln/ction and Drainage Projects) Modification Number 0 Publication Date 06/13/2003 COUNTY(ies): NUECES SAN PATRICIO SUTX2052A 12/01/1987 Rates CARPENTERS (Excluding Form Setting) $ 9.05 Fringes CONCRETE FINISHER 7.56 ELECTRICIAN 13.37 2.58 LABOILERS: Common 5.64 utility 7.68 POWER EQUIPMENT OPERATORS: Backhoe Motor Grader 9.21 8.72 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the 'SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a sur~ey underlying a wage determination Page 2 of 2 * a Wage and Hour Division letter setting forth a position on a wage determination m~tter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis Bacon survey program. If the response from this initial contact is not satisfactor~, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C, 20210 2.) If the answer to the question in 1.1 is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage a_nd Hour Administrator (See 29 CFR Part 1 8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any lnfo~rnation (wage payment data, project description, area practice ~k%terial, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D_ C. 20210 4.) Ail decisions by the Administrative Review Board are final. END OF GENERAL DECISION AGREEMENT THE STATE OF TEXAS COUNTY OF N~-ECES THIS AGREEMENT is entered into this 8TH day of FEBRUARY, 2005, by and between the CITY OF COR~US CHRISTI of the County of Nueces, State of To×as, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Kin~-Isles, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Te×as: In consideration of the payment of $898,872.00 by obligations of City as set out herein, Contractor will complete certain improvements described as follows: City and other construct and CLARKWOOD NORTH FORCE M~_IN PROJECT NO. 7234 (TOTAL BASE BID: $898,872.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, includ±ng overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 PHONE b,O. : 5122991::39 J m. 1,-~ ~05 12:1. SPH F P~NE 512P991139 co~l~C~ in place ~lec~ Ln pl~ce ~lmcm ~r D~ per L$ ~, !oomplete in place per bg place ~r CY DrSPO~ Or ~~T~D c~lWce in placc ~r CY 3o ;, instance, eec., Co ~er Cbc f~i~hed work of ~* eev~ra% kin~ call~ Eot and t:h~ The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 C~?.~9~DAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor contract in accordance with progresses. Signed in 4 parts above. in current funds for performance of the the Contract Documents as the work at Corpus Christi, Texas on the date shown CITY OF CO~PUS CHRISTI of Public Works and Utilities Ang~/R. Escobar, P.E_ Di~'ector of Engineering Services ~t~gT: (If Corporation) (Seal Below) ~// ? (Note: Zf Perso~ $ig~4-g for ~o~loorat/~n is not president, attach ~opy of authorization to sign) CONTKACTOR F~n~-Isles, Inc. Title: / i'? ~~/// 1641 Goldston Road (Address) Corpus Christi, TX 78409 (City) (State) (Zip) 361/299-1426 * 361/299-1139 (Phone) (Fax) Agreement Page 2 of 2 SECI~ETAIY I ~ PROPOSAL FORM FOR CI~KWOOD NORTH FORCE MAIN DEPARTMENT OF ENGINEERI/~G SERVICES CITY OF CORPUS C}{RISTI, TEY~AS PROPOSAL FOIl4 PAGE i OF 7 PROPOSAL Proposal Place Date~ a Corporation organized and existing under the laws of the State of / ~S OR a Partnership or Individual doing business as TO~ The City of Cor~Tus C~risti, Tew~s Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CLARKWOOD NORTH FORCE MA~N at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROPOSAL FORM PAGE 2 OF 7 PHONE NO, : 5122991;39 J ~, 1,-~ 20{35 12:ll~H I IT-B00) $ ~¢o. lO' D.I, ~o~.e~.e in place per ~ Z r~ I ] ~4 $0 CY ~o The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the quidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the aznount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed with_in the time above set forth as liquidated damages for the delay and additional work caused thereby. ~-ortty/~-ority Busimess E~terprise Paxtici~at~om: The apparent iow bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of M]3E firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. ~,m~s~ of Blg~ed Bets of Do~tsz The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. T~.m~ of Com~la~iom~ The undersigned agrees to complete the work within 150 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda nu~nber): ( SEAL - IF BIDDER IS a Corporation) Respect fu%~y ~ubmi~e~: Name: ~_~ Address: (P.O. Box) (Street) Do no~ detach bid from o~her papers. Fill in with ink and s,,~ t complete witch attached papers. (Revised Angu~t 2000) (Zip) PROPOSAL FOPS4 PAGE 5 OF 7 STATE OF TEXAS COUNTY OF NUECES PERFORMANCE BOND BOND NO. PRF08174424 KNOW ALL BY THESE PRESE/TTS: THAT Kin~-Isles, Inc. of NUECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT COMPANY OF MARYLAND,*a corporation organized under the laws of the State of MARYLAND and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of EIGHT ~IR~DRED NINETY-EIGhT THOUSAND, SIGHT ~UNDBED S~"FEITTY-TWO AND NO/100 ($898,872.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of FEBRDq%RY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: C~_2%~L~OOD NORTH FORCE PROJECT NO. 7234 (TOT~tL BASE BID: $898,872.00) NOW, THF_~EFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PRf;VIDED FtrRT~F,R, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. **COLONIAL AMERICA~ CASUALTY & SURETY CO. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN W'/TNESS W~mREOF, this instrument is executed in 4 one of which shall be deemed an original, this the 14TH FEBRUARY , 20 05 . -- copies, each day of PRINCIPAL KING ISLES, INC. ~ p}~rN1Cn~ S N amUe ~tl t ~)p~tE~ ATTEST~ ~ ejN~ ~ ayrf~? (Print Name) SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAiN CASUALTY & SURETY ~0. Attorney-~h fact ( Print W~e~ Contact Person: Phone A%~-her: SWANTNER & GORDON INSU~3%NCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361-883-1711 INOTE: Date of Performance Bond must not be prior to date of contract) Revised 9/02) Performance Bond Page 2 of 2 STATE OF TEXA~ COUNTY OF NUECES PAYMENT BOND BOND NO. PRF08174424 KNOW AI~L BY THESE PRESENTS: THAT Kin~-Isles, Inc. of NI~ECES County, Texas, hereinafter called "Principal", and FIDELITY & DEPOSIT COMPA57YOFMARYI=AND~*a corporation organized under the laws of the State of MARYLA/TD , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of EIGHT HIINDRED NINETY-EIGHT THOUSAND, EIGHT ~uNDRED SEVENTY-TWO AND NO/100 ($898,872.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day FEBRUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: C~/~OOD NORTH FORCE M]~IN PROJECT NO. 7234 (TOTAL BASE BID: $898,872.00) NOW, Twm-~EFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PRO%r~DED FURTWm. R, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. **COLONIAL AMERICAN CASUALTY & SUP~ETY CO. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art_ 7.19-1, Vernon's Texas Insurance Code. IN WITNESS W~EREOF, this instrument is executed in one of which shall be deemed an original, this the 14TH FEBRUARY , 20 05 4 copies, each day of PRINCIPAL KING ISLES, INC, By: ~ ~ / (Prlnt Name Secretary F NCIS (Prznt Name} SURETY FIDELITY & DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY & SURETY CO. Attorney-i~- fact ( Prlnt N~e) Agency: SWAI~TNER & GORDON INSURANCE AGENCY Contact Personr MARY ELLEN MOORE · ~e~J: P.O. BOX 870 C. ORPHS CHRISTI. TEXAS 78403 Phone N~r: 361-883-1711 INOTE: Date of Payment Bond must not be prior to date of contract) Revised 9/02) Payment Bond Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURS~TY COMPANY, corporations of the~S~vlaryland, by PAUL C ROGERS, Vice President, and T E. SMITH, Assistant Secretary, in pursuance o~f~ut~3~i~l'~ Article V1, Section 2, of the By-Laws of said Cornpan/es, which are set forth on the reve_r~~t~err~l~q~ed to be m full force and effect on the date hereof, does hereby nominate, cons~.~lI~~o~'~k~Ellen MOORE, R_ M. LEE, Diann EISENFIAUER, Michael A. WH_ 1~ ~f~a~ ~mB~T'~'r~us Christi, Texas, EACH its truc and lawful agent and Attorney~~ti~N_~%S~, loT, and on its behalf as surety, and as its act and deed: any and all b~lf of Independent Executors, Community Survivors and Co~'~al~l~c~~~f such bonds or undertakings in pttrsuanea of these presents~ shall be as binding U~l~n~s~i~C~ol~c~ fMty'and amply, to all intents and purposes, as if they had been duly executed and acknowledged b~q~grl3~el'~cied officers of thc Company at its office in Baltimore, Md., in their own proper persons. Th/s powcr'l~'ilx~Sr~ey revokes that issued on behalf of Leroy A. RYZA, Mary Ellen MOORE, R. M. LEE, Diann EISENHAUER, Michael A. WHITNEY, Irene BLUEMEL, dated July 22, 2003. The said Assistant Se~t:h:xy does bex~by certify that the extract set forth on the reveme side ben,of is a tame copy of Article VI, Soction 2, of the By-Laws of said Companies, and is now in force, IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and alTLxed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 13th day of October, A D, 2003. ATTEST: State of Maryland } City of Baltimore ss: On this 13th day of October, FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY I~ E. Smith Assistant Secretary By: Paul C Rogers Vice President A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the mdixfduals and officers described in and who executed the preceding ins'mJment, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for hirnself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding i~s~a-ument is the Corporate Seals of said Compan/es, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instxument by the authority and direction of the said Corporations. 1N TESTIMONY WI-[EREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above Dennis R. Hoyden Notary Public My commission Expires: February 1, 2005 POA-F 16.8-9883 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. ]~ne Chairman of the Board, or the President, or any Execut/ve Vice-President, or any of the Senior -- Vice Presidents or Vice-Presidents specially authorized so to do by the Board of Dixectors or by the Executive Commii~ee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Anomeys-m-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, reco~i×ances, stipulations, potties, contracts, agreements, deed.s, and releases and assignments of judgements, decrees, mortgages and mSlxuments m the nature of mortgages,...and to affix the seal of the Company thereto." EX'TRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "A~ticle VI, Section 2 The Chart':man of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Comnnttee, shall have power, by and w/th the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bends, undertakin.5 reco~iTauces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,., and to affix the seal of the Company thereto" -- CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still m full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994 RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of allomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affmed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Compames, tl~s 14TH day of FEBRUARY 2005 Assistant Secretary Fidelity and Deposit Company of Maryland Home Office: P.O, Box 1~.'/, Bfftimom, MB 2120}-122~ IM~PORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Mat~jland, Colonial American Cmu~lty and Surety Company, and/or Zurich American Insurance Company's toll-flee telephone number for information or to make a complaint at: You may contact the Texas Department of Inm.u~nce ~o obtain information on companies, cover~es, rights, or complsints at: 1-8~-252-3439 You may writ~ the Texas Deps~tment of Inmtrance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CI.,AIM DISPUTES: Should you have a dispute concerning the prerrd-m or about a cl~m~ you should first contact Fidelity and Del~sit Company of Maryland or Colonial American Casualty and Surety Company. ffthe dispute is not resolved, you may contact the Texas Dep~tmellt of Inmlrmlce. ATTACH THIS NOTICE TO YOUR POLICY: Th~s notice is for information only and does not become a part or condition of the at~hed document. ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on yom' part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acta of terrorism (as defined in the Act) under this bond is $__waived__. This mount is reflected in the total premium for this bond. Disclosure of Avallabili~ of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, mounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Comoanv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned pr,maim in the prior yea~, for 2003, 7% of dh-ect earned premium in the prior yea~, for 2004, 10% of direct earned premium in the prior year;, and for 2005, 15% of direct earned premium in the prior year. The federal share of an inmmmce company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for iusurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism Thc Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and thc Attorney Goaeral of the United States: 1. to be an act often'orism; 2. to be a violent act or an act that is dangerous to human life, property or infraslructm.e; 3 to have resulted in damage within thc United States, or outside of thc United States in the case of an air ce.n-let (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in thc United States), or thc premises ora United States mission; and 4. to have been committed by an individual or indiv/duals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if thc act is committed as part of the course of a war declared by Congress (except for workers' compemation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. The~e disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc ~ OF CORPUS CHRISTI DISCLOSURE OF IHTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all parsons or fin'ns seeking to do business with the City ~ provide the inllowing Inlorrnatlon. Every question must be answered. If the question Is nol applicable, answer ~ 'NA'. FIRM I,: 1. Corporal~on ~ 2. Partnership 3. Sole Owner 4. Assoclalion 5. Other ~SCLOSURE QUESTIONS I! additional apace Is necessary, please use the reverse side of thIs page or attach separate sheet. 1. Stall the names of each "employe~' o1' Ute City of Corpua Christi having an 'ownership Interest" constituting 3% or mom o! the ownerahlp In Ute above named ~flrm". Name Job ~ and City Departman! (1I known) State ~ nam~ of each 'official" of the City of Corpus ChHgU having an 'ownerehlp IntereeV' c~tslJtuling 3% or more of the ownership in the above named "firm'. Name Tlt~e Stale the name· of each 'board member" of Ute City of Corpus Christi having an 'ownership Interest" c~n~t;;,~ling 3% or more of rite ownership In the above named "firm". Name Board, Commission ~ Corm'nittas Slate the names ot each employee or officer o1' · "consultant" lor Ute City o1' Corpus Chrl~U who worked on any molter related to Ute ~ubJect of thle conlm¢! and has an 'ownership Interest" constituting 3% or more of Ute owner·hip in Ute above named 'firm". Name Consultant CERTIFICATE I cerlJfy that ali inform·lion provided Is true and correct as of ~ dale of thIs statement, lt~at I have not knowingly wlthhekl disclosure of any Inform·lion requas~ed; and that supplemental stalemenIs will be promptly sul~rnttled to the City of Co~pua Christi, Texas as changes occur. Signature of Certl~g Persorl: ~-~..-~""-, Da ) a. 'Board Member". A member of any board, commission or committee appointed by the City Council o~ the City of Corpu~ Chrisli, Texas. b. 'Employee'. Any person employed by the City o~ Corpus Christi, Texas, either on a lull or part time basis, but not as an independent contractor. =Firm". Any enlAy operated lot economic gain, whether prolesslonal, industrial or .,.,c~mmercial ~ whether astablished to produce or deal with a product or service, including but not limited to, enm]es operated ~n the form cR sole proprlelorshlp, as sa~f..employed parson, parb'mrshlp, corporation, joint stock.compaq, y,.~oint venture, recetvemhip m' Irusl and entities which, Ior purposes of taxallon, are b'eated as non-pro[il orgamzauons, d. 'Official=. The Mayor, members o! the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges o! the City of Corpus Cl-a't~l, Texas. e. 'CNmerahlp Inlerest". legal or equitable InteresL whether actually or constructively held, In a firm, Inoludlng when such interest is held through an agont, trust, estate or holding entity. "ConslTuctively held' refers to heldlng or control established through voting trusts, proxies or special tan'ns o! venture or parlnershlp !. 'Consultant". Any parson or Rrm, such as engineers and architects, hired by the Cliy o! Coq)us Christi Ior the purpose ot proleaslonal consultation and recommandetk)n. ',4CORD. P. O. Box 870 Corgus Christi TX 78403-0870 phone=361-683-1711 Fax:361-044-0101 CERTIFICATE OF LIABILITY INSURANCE cs. w DAT,< 0 KINGZ-502/14/05 THIS CERTIFICATE IS ~SSUED AS A MATI'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. King-Is~es, Inc. ~ 1641 Goldston Corpus Christi TX 78409-2800 INSURERS AFFORDINGCOVERAGE ~NSURE~ Am. Cae. Co. of Reading ~NSURE~E: U. S. Fire Insurance Co. INSURERC: Continental Casualty Co. ~NSORERD: Texas Mutual Insure=ce Co. INSURER E: COVERAGES THE POLICIES OF INS~JRANCE LISTED BELOW HAV~ ~EEN ISSUED TO THE INSURED NAMED A~DV~ FOR THE POLICY P'E RIOO INDICATED. NOTWITHSTANDING .a~Ny REQUIReMENt'. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RES P~ECT TO WHICH THIS CERTIFICATE ~[AY EE ISSL~D OR MAY ~RTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIEED HEREIN tS BL~BJECT T© ALL THE TERMS. F~(C LL}SIO~S AND CONDFFION~ OF SLI~H A X COMM E RC LAL GENERAL LIABIL~-Y C2070920801 C2070920894 05/26/04 05/26/05 GEN'L AGGREGATE LIMIT APPLIES F~R: 05/26/04 05/~05 5530859775 05/26/04 05/26/05 ~ng~NT~ON snil ~OYER~ u~a~J~ SBP0001037428 05/26/04 05/26/05 NAJC # $1,000,000 $100,000 S5,000 s~,O00,O00 ~2,000,000 I:~RODtJCTS - COMP~3~° AGG S 2,000,000 COMBINED SINGLE LIMIT ~r'i (Ea a=Jd~r~} V~', 000,000 ~CR OCC~RENC~ $ 5, 000, 000 AGGreGATE $ 5 , 000, 000 E.L F.~CH AC~[O~ NT S 1000000 E.L OISF~E-EAEMPtOYEE $ 1000000 E.L D~SE~SE-F~JCYLIMmT $ 1000000 ~RIpT~NOFOt~=RAT~NSILO~T~I~H~LES/~CLU$~NS~DEYEN~RsEME~tBPEc-,IAIPR0v~SiONs Project Name: Clark-wood North Force Main Project # 7234 / The City of Corpus Christi is named as Additional Insured on all General Liability an4 all Auto L/ability polic~ss. CER~F~ATEHOLDER CICC-CC City of Corpus Christi /~ Engineering Services P. O. Box 9277 Corpus Christi TX 78469-9277 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cedificate does not confer rights to the cedificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sLatemen[ on this certificate does not confer rights to the cedificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or aller the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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: xt/ ('OMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Services Atln: Contract Administrator P. O. Box 9277 Corpus Christi. Texas 78469-9277 (lfno entry appears above, information required to complete this endorsement will be show~ in the Declaration as applicable to this endorsement.) A B. Section I1 - Who ls An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or properly damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project CG20 101001 Insured: King-Isles, Inc ~ Effective: 5/26/04 ~f./. Randal M. Lee Authorized Representative Poi # C2070920501 f Managing Parrner Title: TE 99 0lB Y~ADDIT1ONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy eI'fective on the inception date of the policy unless another date is indicated below: Policy Number C2070920894 ~ Endorsement Effective 5/26.,'04 / Named Insured King-Isles, lnc ¢ Countersigned by~ ~r/ (Authorized Representative) The provisions and e×clusions that apply to LIABILITY COVERAGE also apply to this endorsement. Additional lnsured: City of Corpus Christi Dept. Of Engineering Services AWn: Contract Administrator P. O. Box 9277 Corpus Christi, TX '18469-9277 is an insured, but only with respect to legal responsibility for acts or omissions ora person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any righl of recovery as a claimant under this policy. FORM TE 99 0lB- ADDITIONAL INSURED Texas Standard Automobile Endorsement Prescribed by March 19, 1992 ATTACHMENT 2 2 OF2 COMMERCIAL GENERAL LIABILITY CG020501 96 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ~ TEXAS CHANGES AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsemenl modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior wrillen notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineenng Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 Number of days advance notice: THIRTY (30) Named Insured: Policy Number: King-Isles, lnc C2070920801 ~- Effective Date of This Endorsement: 5/26/04 Authorized Representa~ ~ Name (Printed): R.M. Lee Title (Printed): Managing Partner ATTACHMENT 3 CG0205 (01796) I OF 3 CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under tho following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TE 02 02A This endorsement changes the policy effective on thc inception date oflhe policy unless another date is indicated below: Endorsement Effective 5/26/04 Named Insured King-Isles, lnc. ,ttt Policy Number C2070920894 ;/~' Countersigned~ k'/~ (Authorized Representative) THIRTY (30) days before this policy is canceled or ~naterially changed to reduce or restric! coverage we 'ad11 mail notice of the cancellation or change to: City of Corpus Christi Dept. Of Engineering Services Aitn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 Authorized Representati~ Name (Printed): R M. Lee Title (Printed): Managing Parmer FORM TE 02 02A - CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Tex~s Standard Automobile Endorsement (Ed. Effective 3/92) ATTACHMENT 3 2 OF3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (ED, 7-g5) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancdlation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone nol named in the Schedule. Number of days advance notice: 30 xf/ 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Ann: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 Schedule This endorsement changes thc policy to which it is anached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 5/26/04 Insured King-Isles. lnc ,4~ Policy No. Insurance Company Texas Mutual Insurance WC42 06 01 SBP0001037428 ~ Countersigned By: Name (Phnted): Endorsement No. R.M Lee (Ed. 7-84) Title (Printed): Managing Parmer ATYACHMENT 3 3OF3