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C2005-021 - 2/15/2005 - Approved
: I I I I I i I I ! ! i I I i I ! I I RCM Constructors S PEC I AL P ROVI S I _. SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS PROJECT NO: 7329 DRAWING NO: N/A FOR 1 W]~TE~A'r~ CT,~N-OUT ~STALLAT~IO~ PROGP~%M / / Prepared by: Jose F. Trejo, P.E , R.P.L.S. DEPARTSIENT OF ENGINEERING SERVICES City of Corpus Christi 1200 Leopard Corpus Christi, Texas Phone: 361/880-3500 Fax: 361/880 3501 FOR WASTE%lATER DEPARTM~£ CiTY OF CORPUS CHRISTI, TEXAS Phone: 361/880 3500 Fa×: 361/880 3501 2005-021 02/15/05 M2005-049 F O RM S S PEC I AL PROV I S I ONS SPECIFICATIONS AND OF CONTRACTS AND FOR BOND S WAST~.WA'r~.~ Cr.m-~N-OUT INST~T.T.~T.~ION PRO~RAM Prepared by: Jose F. Trejo, P_E., R.P.L.S. DEPARTMENT OF ENGINEERING SERVICES City of Corpus Christi 1200 Leopard Corpus Christi, Texas Phone: 361/880-3500 Fax: 361/880 3501 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXANS Phone: 361/880-3500 Faxr 361/880 3501 I PR~ ~: 7329 ]D~AW~HG HO: N/A (Revised 7/5/00) r~2004-20o5 Table of Contents ~OTIC~ TO B~-~DE~ (Revised 7/5/00) ~3TIC~TOCONTR~CTORS - k (Revised Sept_ 2000) Insurance Requirements ~OTIC~ TO CO~w~R~J~TO~ - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities P~ A - ~PECI~ PROIr/$I(~S A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items ~o be sub~dtted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Field office (~ot used) A 18 ~chcdulc and ~cqucncc of Construction (not used) A-19 Construction Staking A 20 Testing and Certification (not used) A 31 Project Eigns (not used) A-22 Minority/Minority Business Enterprise Participation (Revised 10/98) A 23 Inspection Rcquircd (Revised 7/5/00) (not used) A-24 Surety Bonds A 25 Sales Tax E×cmptlon NO LOt~GER A~pLIC~tBLE (6/11/98) A-26 Supplemental Insurance Requirements A 27 Responsibility for Damagc Claims (not used) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 A~ended "Consideration of Contract" Requirements A-31 A~ended Policy on Extra Work and Change Orders A-32 Amended 'Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Watcr Facilities gpccial Rcquircmcnts (not used) A-36 Other Submittals (Revised 9/]8/00) Policy A-37 City" A-38 Amended "A~rangement and Charge for Water Furnished by the Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ccrtificatc of Occupancy and Final Acccptancc (not used) A-40 Amendment to Section B-8-6: Partial Estin~%tes A ~1 Ozonc Advioory (mot A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A ~6 Dimposal of Highly Chlorinated Watcr (7/5/00) (not used) A 47 Pfc Construction ~loratory Excavations (7/5/00) (not used) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty' (8/24/00) PART B PAINT S 022020 - Excavation and Backfill for utilities and Sewers 022022 022100 025205 025220 025424 02561O 025612 027602 028020 028040 02830O - Trench Safety for Excavations - Select Material - Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replac, - Flexible Base Caliche Hot Mix Asphaltic Concrete Pavement (Class A) Concrete Curb and Gutter - Concrete Sidewalks and Driveways - Gravity Sanitary Sewer (S-61) - Seeding (S14) - Sodding (S8) Fence Relocation (S12) DrV-X~zO~3 030020 - Portland Cement Concrete 032020 - Reinforcing Steel 038000 - Concrete Structures DIV~IO~ 5 - ~L~TALS 055420 - Frames, Grates, Rings, and Covers T-1 REPAIR OF WASTEWATER SERVICE LINES NOTIC~ pROPOSAL/DISCLOSUrE STATemeNT NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: WASTEWATER CLEAN-OUT INST~T~.~TION PRO~RAM FY2004-2005 consists of the excavation of existing service lines; replacing approximately 3600 linear feet of wastewater service lines from the clean-out to the bend or City main; incidental main line repairs if required; installation of approximately 455 new PVC clean-out assemblies; televising service lines to City main; backfill, other appurtenances and site clean up, in accordance with the plans, technical specifications and contract documents; will be received at the office of the City Secretary u~til 2~00 D.m. on Wednesday, February 2, 2005, and then D~bl~cly opened an dread. Any bid rece~ve~ after closing ti~e will be returned uno~aned. There will be NO pre-bid meeting for this Droject. A bid bond in the amount of 54 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 da/nages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of F~fty an~ no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can bo 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 pay not less than the wage rates so shown for each craft or type of "laborer," "workman,' or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public_ CITY OF CORPUS CHRISTI, TEXAS /s/ 'Angel R_ Escobar, P.E_ Director of Engineering Services /s/ Armando Chapa City Secretary 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 certificams MINIMUM LNSURANCE COVERAGE Bodily Injury ami Prolm-ty Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Opewaaom 3 Explosion and Collapse Hazard Underground HaT. rd 5. ProduO~/Completed Operations Hazard 6 Contractual Insurance 7. Broad Form Prooealy Damage 8 Independent Comxactors 9. Personal Injmy AUTOMOBB.E LIABILITY--OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limiU:x:l to sudden & accktctt~al discharge; to inctudc long4em environmental impact for the disposal of contaminants B UILDE]~.S' RISK INSTALLATION FLOATER $2,000,000 COMBINED SINGLE LRviIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIB IT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,0C0,000 COMBINED SINGLE LIMIT REQO1RED NOT REQUIRED See Section B4-11 and Supplemental Insurance Requh'cmeflts _ REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental htsuranco Requh-ements _ R~QtnV. ED NOT REQU1RED Page I of 2 OTh¢ City of Corpus Christi must bc named as an additional insured on all covet'ages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance OFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior writlen notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endomements to insurance policies or coverages which are specified in section B-6-11 or Special Pmvisious section of the contract. A completed "Dis~lost~re of Interest" must be submitted with your proposal. Should you hove any questions regarding insurance requirements, please conta, t the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTP ACTORS - B WORKER'S CO:.iPENSATION COVERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR C-OVE.q/~MENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized seif-!nsurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project serwices (including deliveries to the job site) 5o provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or se~.-ices on this Project at any time, including during the mainuenance guaranuy period. ~4otor carriers which are required to regisuer with the Texas Deparsmen5 of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Secuion 4(j) need not ~rovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees ED comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemea 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 services for the Project; the Contractor ~s 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 reacquired to post the required notice at the job site_ By signing this Contract, the Contractor certifies than i5 will timely com~i'.- with these Notice to Contractors "B" requirements. NOTICZ TO CONTRACTORS - B Page 1 of 7 Title 28. ENSL-RANCE Part II. TEX_AS WORICERS' COMPENSATION COMMISSION Chapter 110. REQUII~D NOTICES OF COVERAGE Subchap~¢r B. EMPLOt~ER NOTICES § 110.110 Reporting Requirement~ for Building or Conqrruction Projects for Governmental Entities (a) The following word~ and term& when t~ed in thi~ rtlie, sbT-Il have the following m~nings, males~ the cxmlext c!e. aHy indi~tes otherwise. T~'Tns not defined in tl~s rule shall have ihe meaning defined in · e ~ex~ tahor Code, i~so defined. (1) Certi.ficare of coverage (cerfific.,aze)--A copy ora cer'dfica.te of ;~..2.mi'-anc~ a c.v. rti.ficare of aumonD' to self-in.rare issued by the commission, er a workm'x' compen~ztion coverage agreement (1 WCC-81. TWCC-82, 'D,VCC-B3, or 'I'WCC-84), showing sT. amtory workers' compensafic n in_mrance coverage for the pm-son's or endv/s employees (i.uciuciing those mbjecx to z covet-age v.~n-_ ee. menr) provia-m.g service, s on a project, for the dura.don of the project_ (2) Building or construction-Has the meaning defined in the Texz~ Labor Code, § 406.096(e)(1) (3) Contracmr--A per, on bidct/ng for or awarded a building or coas'tmction project by a governmental (4) Coverage-Worke~' comneasafion into_fence meeting the statutory requirements of the Texas Labor Code, § 401.0l 1(44) (5) Coverage am-eement--A written am-eement on form 'D, VCC-$1, form TWCC-82, form T-',VCC-83, or form I'WCC~B4, filed with the Tex.~s Worker~' Compen-Sa-Uon Commi~ion wi'rich establi~h~ a r,-lafionqhip betwe*m the parries for purpose~ of the Texas Workers' Couz~.safion Act, pm-xuant to tile Texa_q [2l:)or Code., Chapter 406, Subchapter~ F and G, a~ one of~,mployer/~mployee and m-tabli.sbe~ who will be r,-~pom~le for prov~ding workers' compermation covm-age for per~ou.s providing service~ on the project. (6) Duration of the projecr-Ncludes ',_he me from the be_mnmng o£work on the project until the work on the project has been completed ~nd acc. er>ted by the govermmenral entity.. (7) Perso~ Froviding se,~Aces on the proje~ ("subcontractor" h': ~ 406_096 of the Act)-~'xqth the exception of ~ersoas excluded under subsecfion~ (h) and (i) of this section, includes all persorm or enufiex p~--~fo~minz all or l~ar[ of the services the contractor has undertaken to perform on the project. retardless of whether thai person conu-a~eri dh-ectly with the c~ntractor and regardless of whether that person ha~ employees. TNs includes but is not limited to indeoendent conLr~ctor~, subcontractors. lea-~ng companies, motor c. zn-iers, owner-ooerators, employe~ o~any such entity, or employees of ~ny entity ~mJsNng persons to perform se_~ices on the proje~_ "Services' includes but is not limited ~,orrc~ ro co~r~J~C-roas - ~ http:z/w'u,',.v scs stare tx.us/tac/2g/II/[ 10/t3/1 [0 1 10.html t,,~, ~ o~ ~ :o cr:;~d!_'::. ~z-'-hne, or ae::vering eeuipment er w.z::~ais or ~r~d~g l~or, , fo~'be','erz~ vendors, c~c~ ~pply dehvefies, azd d~iive~' of zombie toffee_ (8) Prcje~-hcludex the prc;ision of all sennces reiz;ed to a buildinv or constru~ion ~z:zzcr for a gove2=en:zi entity. (b) Pra~adLr. g or eau_lng to be provided a certificae of coverage ptu~uant to thLs rule Ls a represe.m--,:iov, by the insur:d chat all employees of-he imsured v-ho are providing .~-,wic~ on the projec: ,'-e c:vered by workers' compensation core.ge, that the coverage is ba~ed on proper reporting of ci~sificafion code~ and payroll amour,s, and that all coverage agreements l'~ve been ~ed with the appropriate m_mrance can-ier or, in the ca~e ora r~.f-insured, With the eommb~ion's Division of Sek'-In~'ur,-'~ce R _egulafiov~ Providing false or misleading c.e.~d~,carex of covera, gc, or .~aiiing to provide or mainuin required cove_r-age, or failing tO reoort any ci',v-nge that materially affe=.: the ~orovision of c. overage may r-,bjecx the contractor or other pe-a'~n providing servic.~ on the projec~ to aclmirfistrv_~ve penaltiex, criminal penalties, civil per, v_idex, or other civil actions. {¢) A govern~e.qtal enfi'iy t-.at enters into a buildk~g or con_m-ut, ion contract on a proje .c-t s,Mll: (1) include in the bid spec~Scatioris, all the provi~icr~ of para_m-2ph (7) of this ~ubsec~ion. using the language reauirerl by para_ureph (7) of thi~ subsec~on; (2) a~ p~x ofuhe contract, using the language required by paxa_m-zph (7') of this subset. Son, require the contramor to perform as required in subsection (d) o/'thb section; (3) obtain from the contrac:or a certificate of coverage for each person providing services on the project, prior to that pe,~on be~rming work on the project; (4) obtain fi.em the corm~actor a new certificate of c~verage showing extension afcoverage: (A) before the end of the 'oza-,ent coverage period, Lr t,he contracz, or's current certificate o£coverage shows tha the covea~ge pe~od ends dtwing the du-maon of the proje~; and (]3) no later t?2n seven days ax'lex the expiration of'the coverage for each other person providh2g sexvice~ on the project whose current certificate shows rhat the c. over-age period ends during the duration of' the project; (5) retain ce:'dficates of coverage on file for the dtwafion of the projec~ and for three year: thereafter;, (6) provide a copy of the ce,~.ificates of coverage to the commis:ion upon request and to may person enrided to them by law;, and (7) use the la~qg,,age contained m the following Figure i for bid s=ecifications and contr2cxs, v,'ithout any addit,onz2 wor~ or changes, except those required to accommodate the specific docament in whSch the5, v_~z contained or ~o impose stricter standards of documentation: T28SI 10 110(c)(7) fbi http://wvv'w sos s~zte tx.ux/tac/ZS/lI/l 10/13/l 10 I l0 hLmJ 8/7/98 -") A conr_~ctor si~JJ: (i) provide coverage for its employees Froviciing services on a project, fo: fi'.e duration of the proj~-t ~ed on prop~' reporting_ of cla_~s.:--.-._.zffon codes and pzyreil a.moums a~d ;::rg of any coverage zgreements; (2) provide a certificate of coverage showing workers' compe~-.~fion cov,'"~ge to the governmental entity prior to I:~'nn;'~g work on the Froject4 (3) provide the governmemal eaafiv.,-, F.4or to the end of the cover-age pe.4ad, z new ce_,-tifie'~e oE covet-age showing ex~n,lon o£covet~ge, if the coverage period shown on the conttacxor's current certificate of corem, ge ends during_ t?.e duration of the project4 (4) ob~aln from each person Wovid~g services ou a project, mad provide to the governme~fl (A) a ce:rrifica~c of'coverage, prior to rh~t person b,,~4_'n.h~,~ work on the project, so the governmental entity will have on file certificates of coverage showing corex-age for all persons providing services on :/-_e project; and I.'B) no lat~l' Than seven days after receipt by the conu'actor, a new cea ti/]c~e ofco~/erage showing ex-ten.sion of covera.ge' if the coverzge period shown on the curnmt cea-tiffed= of cove~ge ends during the duration of the project; (5) r~.tain all required certificates of coverage on file for the duration of the project and for one year (6) notify the governmenta/entity in wrifi,,g by certified mail or pe~onal deqvery, v,4thin ten days after the contractor knew or should have k_uown, of'any change I:~ mar~"ially al~ec'~ the provision of coverage of any person provid~nE se~'~4c, as on the project; (7) post a notice on each project s~re im-orming all. persons providing services on the project th,xt they ~.-e required to be covered, and sl:zmag how a person may verify cxxrren~ cover'ag_e and report failure to provide coverage. This notice does not ~,tlety oth~ posti.~ requirements imposed by the Aa or other co ...... ;~4ou rules. This uofico m,,~ be printed v,-ith a title in at lea.~ 30 point bold type and tex~ in at lea~-t 19 point normal type, a~d shall be in both l=n~ich and Spani,h ~nd any. oth~ {anguage common to the worker pop,,l~viom Tbe tex~ for thc uotices shall be thc follov,4ng texI provided by the comn~siou on thc ~rnule notice, without axty additioual words or ehn,,ges: REQU`I~FT) WOR.KEKS' COMPENSATION COVERAGE "The law requires that each person work~g on this site or providing services related to this construcUon project must be covered by workers' compensation insurance. 2Zv2s includes persons providing, hauting or delivering equipment or matefiaks, or providhag labor or uansportadon or other service related to the projecz, regv_rdless of the identity, of their employer or stems as an employee." "Call the Texa~ Workers' Compenszfion Commission at 512-4404789 to rece;.ve irLformafion on the legzl requirement for cover-age, to verify, whether your employer ha~ provided the required coverage, or to report an employeds failure ~o provide cover-age." (8) ccn~zc~al{y req~.uL~e e~zh uerson ~h where '?. con~m~s :: .--.'ovide ~ervicez o.-- z ;rojec~ to: (A) provide coverag_e b~sed on proper reporting of cla.ssfiS, cation codes ~_nd payroii ar"-otmt~ and filing of any coverage am-eemez:s for -.E ofi:s empioyees providing se,'-','ices en the projec:, for the duration o£dae project; ('B) provide a certificate o£ cover~g_e to the conu--~cmor prior to tha~ person be~-ni~g work on the projec~ (C) include in all contrz~s to provide se, vices cn the project :~he ivn~aage in ~ubse~.:on (e)(3) of this section; (D) provide the contractor, prior :o the end of:he coverage pe_'-ioci, a uew ce-qfific~:e o£coverage showing emtmdon of coverage, i~-the cover-ag_e period shown on the correnr ceru.ficate of coverage ends during the dura.fiou of the orojecx ('E) obtain fi.om each other person with whom i: contrac'~s, end provide to the con:ra~oc (i) a ce:-,.iEca.te of coverage, prior to the other pe:'zon b _egisming work on the proje=; t-fi) prior to thc end of the covem-g_e period, a new certificate of corm-age showing e~e,".~ion of the coverage period, if'the coverage period shown on the curt-tnt ce.qificate ofcoverzge ends during the duration of the project;, retain all required certificates of coverage on file for the duration of thc projec~ mad for one yeax therea_~e~ (O) notify, the goveromema] entity in writing by certified mail or personal delivery, wkhin teu days after the person k-new or should have know~ of any change rhea' ll-~teriMly a~'e~'ts the provision of coverag_e of any person providing services on the project.; and 0-1) con~acnmlly require each other per=on with whom it contrac-~, to perform ~ rec.-mired by subpar'~_ aphs (A)-(H) ofshi$ p _ar'aga-aph, with the certiticale of coverage to be provided to the person for whom they are providing sei-vices. (e) A person providi.g services on a project, other than a coutracXor, sl~Jl: (I) provide coverage for its employe~ providing_ services ou a project, for the duration of the project ba~ed on proper reporting o£cl=suicafion codes and payroil mounts and filing_ of ~.ny coverage agree.~enu; (2) provide a certificate of cove~ge ~s required by its contrac~ to urovide services on the projec=~, prior to beginning work on the project; (3) kave the following lanm~a~e in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of cover-age, the person si_m~ing ~ contr?.~ is representing to the governmental enuty that all employees of the persou si?lng this contrac: who will provide =ervices on the project will be covered by workers' compertsafion coverag_e for tk: d'~-ation o£~n= project, th~ the co-.-e~e will ~ codes ~d ~o~ ~o~ ~d ~ ~ ~v~e ~"~ ~ be ~ ~ ~e ~p~p~e ~c: ~ or, h ~e ~e o~a s~-~ ~ ~e ~doa's Di~oa o~S~-~ Re~do~ Prolog f~e or ~l~ ~o~,ion ~y ~j~ ~e ~or to ~dmlni.b~e (4) provide the per:on for whom it is providing services on ~e proj_,y~_~ prior to the end of the coverzge p~iod show~ on its c~rrem r..~dfi~e of coverage, a new c.e~cificate showiag exmz=ion of coverage, ir'the coverage period shown on ~e certificate of cove.~g¢ em& durimg the durazion of the proje~; (5) obtaia fi'om each vernon prov~d~g se~wices on a proje~ trader contz~t to it, ~ad provide as required by iU conu-~et: (A) a certificate of coverage, prior to the o~cr pe~on Ix~frm;-~ work on the project; aM (B) prior to the end of the coverage period, a new certify-' of coverage ahowing ext~-t~ion of the cover'~_e period, Wthe cove_r~e period s~ow~ on the cu.rrent cen~c~e of coverage ends dm'i~g the duration of the projes-~ (6) ret.i, all required certificate~ of coverage on file for the dm-afion of the project and for one year (7) notify the governmental entity in wring by certified rmaJ.[ or personal deE, ve~, of any ~-h~-ge that materially a~','~s the provision of coverage of any per,on prov/d;n~ service~ on the projec~ and send the notic, e w~hin ten day~ at%r the person kmew or should have known of the Change; and (8) eoma--ac:n,.lly require each other per, on w/th whom it coma'act, to: (A) provide coverage ba~ed on proper reporting ofd~cafion codes and payroU amo,,nt~ and filing of any coverage agr~-.ments for all ofit~ e.~Joloy~ provid;n~ services on the project, for the duzafion of the project; (B) provide a cerfificzte of'coverage to it prior to that other per, on beEi~'n-h~~ work on the project_; (C) include in all cona-acts to provide sezvice~ on the project the I~ %~uage in para_m-apb (3) ofd~ s~bsection; (D) provide, prior to the end of the coverage period, a new cea'tifi~r~ of coverage showing ex~emion of the cove~e period, if the coverage pc.Hod shown on the current ce~ Gficate of coverage ends during ~e duration of thc proj~=t; 0E) obtain from each other person under contract to it to provide servic.~ on the project, ~rtd provide ~ required by its contract: 0) a certificate of coverage, prior to the othe.- person begian/ng work on the projec';; ~ (h') prior to the end of the coverage period, a new cccdficaxe of coverage showing exte~ion of the core.ge period, if the coverage period shown on the cun-ent certificate o£coverage ends during the http://w-u,.w sos.~ate.~ ufftac./28/II./110/BI110. I lO.html 8/7/9 8 duration of :he contraa: (F) retain ail requtred c~,."',i~ca::: of coverage on fii¢ for the duration cf;he project and for one year thereafter; (G) notify, cbc [ovmmmcntai cr.,iry in wrifin~ by c-c:TJ~c:d m~il or pcr~o,'mi delivexy, within ten days al~er the persoo knew or should have known, o£ai~y_ change that mate.a, aliy affecr~ the provision o£ co'~e o£any person providing services on ~hc pmjecr4 and (I-1) contracaia.[[y require each person with whom it contracls, to perform ~z required by thi~ subpal-~ra_ ph and subpara~api~ (A)-(G) o['thi~ p~ph. with the c. er~i~cale of coverage to be provided to the per~oa for whom they are providing servicez. (0 If.ny provision of this rule or its application to any per~ou or circ,m,=_ance i~ held invalid, the invalidiW does not affeix other provixio~ or appiie~Hon~ of thio rule rh.t can be given effect without the invalid provision or applJ~rlon, and to thi~ end the provisiom o£this rule are declared to be severable. (g) This ruie is applicable for building or con.m-ucdon contracts adve.m~ed for bid by a govm'~,ental entity on or after September 1, 1994. ~ rule is ~ applimhle for those btu~ding or comm'uction contracts enten:d into on or after September 1, 1994, which are not reduired by law to be adverlised forbid /'h) The coverage require.ment in this rule does not apply to motor carder~ who are required pursuam to Texas Civil St.n,tes. Article 6675c, to register with the Texas De.p. artmem of Tranaportation and who provide acoid~n*a! inxm-ance cover-age p~ant to Texa~ Civil Statutes, Article 6675c, § 40-). (i) The coverage requirement in'this rule does not apply to sole pmprietor~, partners, and corporate o~icer~ who meet the requirements of the Act. § 406,097(0, and who arc exp{icilly excluded fi-om coveage in accord..ce with the Act, § 406_097(a) (as added by House Bill 1089, 74th 1995, § 1.20)_ ~ subsection applies only to sole proprietors, parmerx, and corporate exemrdve olticer~ who are excluded ~-om coverage in an in_~urance policy or cer~cate of authority to self--in.m~ that is delivered, issued for delivery., or renewed on or a.~er January 1, 1996. Source: The provL4oas ofthi~ § 110.110 adopted to be effeclive September l, 1994, 19 Tex-R.eg 5715; mended to be effective November 6, 1995, 20 Tex. R.eg 8609_ Return to Section Index PART A SPECIAL PROVISIONS W'ASTEV~TER ~r,~J~'-OOT XNST~-~.~?XON PRO~R~ FY2004~2005 &-I T:[m~ ~ Place oF Recei~ing P,copos&ls/P~-BJ.d Sealed proposals will be received in conformity with the official advertiseu~ant 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 Leo~mrd ~tree~, untO! 2:00 p.m., We~nes4ay, February 2, 2005. Proposals mailed should be addressed in the following ~nner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 A~PN: BID PROPOSAL - ~]~ ~004-2005 ~l~nere w~.l~ b~ ~ pre-bid meeting Eot hhis pro~ec~. No addi2ional or separate visitations will be conducted by the City. Section B-1 of the General Provisions will govern. A-] Description of ProJec~ This project consists of the excavation of existing service lines; replacing approximately 3600 linear feet of wastewater service lines from the clean-out to the bend or City main; incidental mmin line repairs if required; installation of approximately 455 new PVC clean-out assemblies; televising service lines to City main; backfill, other appurtenances and site clean up, in accordance with the plans, technical specifications and contract doctunents; A-4 Metho~ of Award The bids will be evaluated based on the Total B~ee Bid The City reserves the right to reject any or all bids, and to accept the bid which, in the City's opinion, is most advantageous City a~d in the best interest of the public. A-§ Items to be h~m/tted with Proposal The following items are required to be submitted with the proposal: to waive irregularities to the 5% Bid Bond (Must re~erence Project Name as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) Disclosure of Interests Statement S~ction A SP (Revised 9718/00) Page 1 of 21 l-~ Ti~ of ~letic~l/Liqui~ated ~ee The working time for completion of the Project will be $65 CA.].ond,mx ~aya_ The Contractor shall co~m~ence work within ten (I0) 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, $100.00 per ealA--A-~ ~y will be assessed against the Contractor as liquidated damages_ Said liquidated damages are not imposed as a penalty but as an estimate of the dan%ages that the City will sustain from delay in completion of the work~ which damages by their nature are not capable of precise proof_ The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers C.--:~ns&tlon Insurance Covermge 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 rc~quirea~ants of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required doctunentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Propos&ls Proposals fa×ed directly to the City will be considered non responsive_ Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 A~k~aowled~at of ;~ddex~a 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. Section A SP (Revised 9/I8/00} Page 2 of 21 A-10 Sage P~tes (mevise~ 7/5/00) Labor preference and wage rates for he&~ constructlom. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing ~inimum 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, workmen, 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, workn%an, or ~chanic eu%ployed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker The Contractor will make bi-weekly certified payroll submittals to the City Engineer, The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project_ These doc%unents will also be sub~t[tted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper fo~m and content of the payroll submittals_) One and one-half (1 1/2) 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-i-l, Definition of Terms, and Section B-7-6, Working Hours_) A-i~ Co(~ration w~th ~ublic Agencies (Rev~se4 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, Joe F. Trejo Contract Administrator Tom Bacon Gerald Garcia Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Wa~er Department Parks & Recreation Depart~ent Streets Solid Waste Services AEP SBC Municipal Information Services Signal/Fiber Optic Locate Cablevision E×pedius (Fiber Optic) 880-3500 880-3527 857-1807 857-1831 880-3540 882-1911 857-1880 857-1818 885-6900 857-1881 880-3461 857-1970 881-5539 881-%511 880-3751 857-5000 (889-9831 after hours) (880-3140 after hours) (880 3140 a~ter hoursl (885-6900 after hours) (880 3140 after hours) (1 877-373 4858 after hours) (1 800-824 4424, a~ter hours) (857 5060 after hours) Section A (Revised 9/18/00) Page ~ o~ 21 KiqC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Grande Communications Regional Trans Authority Time-Warner Conmnunica t ions (678) 985-6138 1 800-850-9048 881 5767 (Pager 850-2981) 512/935 0958 (Mobile) 334-3074 289 2712 698-6259 The Contractor shall take all precautions in protecting existing utilities, both above and below ground_ The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records~ etc_ and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc- However, the accuracy and completeness of such information is not guaranteed_ It is the Contractor's sole and complete responsibility to locate such andergroand features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities_ Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remedlation 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 Co the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures 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 must prowidc temporary durivc%;ays ~nd/or roads of approvcd ~tcrial during ,;st wcathcr. Thc Contractor must n~intain a otockpilc on thc Projcct uitc to mcct thc dcmands of inclemcnt wcathcr. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. Section A SP (Revised 9/18/00) Page 4 of 21 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 more 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 adjoining streets. The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with 'clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer_ The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or ha~npers the growth of grass_ All c][iuting concrete and asphalt %;ithin thc limit~ of thc Project ~ust bc removed unless otherwise noted_ Al] necessary rcmovalu including but not limitcd to pipe, dri¥cways, sidewalks, otc , arc to bc considered subsidiary to thc bid item for "gtrcet ~Kcavation': thcrcforc, no direct payment %~ill be m~dc to Ce~tractor A-16 Dis~osal/Salvage of Ma=erials Excess excavated mater~al, brokeh asphalt, concrete, broken culverts, construction debris, brush, vegetation 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_ The Contractor will ensure all materials not retained by the Contractor suitable for disposal at a municipal landfill will be transported to the City of Corpus Christi Landfill for disposal. All disposal charges, fees and taxes will be the responsibility of the Contractor_ A-17 Field office (NOT USED) Thc Contractor must furnish the City Engineer or his rcpreocntativc with a field office at the cons tr~ction oitc_ Thc ficld officc must contain at lcast 1~0 square fcct of uocablc 0pacc. Thc field office must bc a~r oonditionod and hoatcd and must bc furnished %~ith an inclined t~ble that mcasure~ at least 30' x 60" and two (2) chairs_ Thc Contractor 0hall move thc field officc on thc sitc as required by thc City Engineer or him representative. Thc field office must bc furnished %;ith a tclephonc (with 2~ hour per day anowcring service) and FAX machine paid for by thc Contractor_ There is no separate pay item for thc field A-18 ~che~ule --R Sequence of Construction (NOT USED) Thc Contractor shall s~bmit to thc C~ty Engineer a work plan based only on working days Thio plan must detail thc schedule of work and must bc submittcd to thc City Enginccr at lcaot three (]} %~orking days prior to thc pre construction meeting. Thc plan must indicate thc schedule of thc following work items: Initial Cchcdulc: ~u~ulit to thc City Enginocr thrcc (3) days prior to thc Pre Construction Mccting an initial Conutruction Progress Echcdulc for review. Items to Include: Chow complete sequence of construction by activity, idontifying Work of ocparatc stages and other logically grouped activitico_ Identify thc first work day of each %lock. 3. Cu~,%ttal Dates: Indioatc submittal dates requirod for all submittals. Re ~ub~iooio~ ~cviuc and resubmit as required by thc City ~ginccr~ 5. Periodic Updatc: ~ubrait ,Upclatcd Construction Progrcuo Eohcdulc to show =cruel progrooo si each stage by pcrocntagc against initial ~chcdule_ A-19 Con~truction St~¥4-g The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc_ that are normally required to construct a project of this nature_ The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by the City Suvveyor_ The Contractor shall fur~ish all lines, slopes and measurements necessary for control o~ the work_ It, during construction, it is Recessary to disturb or destroy a control point or k~nch uuark, the Contractor shall provide the City Surveyor 48 hours notice so that alternate control points can be established by the City Surveyor as he deems 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 Surveyor at the expense o~ 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 Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting m~asurements as required for the City Engineer to revise the drawings. The Contractor shall tie in or reference all valves and m~%rtholes, both existing and proposed, for the purpose of adjusting valves and ~nholes at the completion of the paving process. Also, the City Engineer ~y require that the Contractor fur/lish a nmaximtun of two (2) personnel for the purpose of assisting the measuring o~ the completed work. A-20 Testing and Certificati~n (NOT USED) All tcots roquircd undcr this item must bc done by a rocognlgcd tooting laboratory sclcctcd by thc City Enginccr, Thc cost of thc laboratory testing will be borne by thc City_ In thc cYent that any test fa~ls, that test must be done over after corrective measures have bccn taken, and thc coot of rctcoting will be berne by thc Contractor and deducted from the payment to thc Contractor. The Contractor muot provide all applicablc certifications to thc City Engineer. s~tion A SP (Revised 9/18/00) Page 6 o~ 21 Thc Contractor must furnish and install Project signs as indicatcd on thc following dra%;ingo_ (Attachmcnt III) Thc signs must be installcd bcforc construction bcgins and will bc m~intaincd throughout thc Projcct pcriod by thc Contractor. Thc location of thc signs will be dctcrminod in thc ficld by thc City Enginccr. A-22 M~orit¥/M4~-~rfty Business Enter~rise 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 Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance w~th 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 wh/ch 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 F~lterprise: A business entei~rise that is owned and controlled by one or more minority person(s). M~nority 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 menage, and share in payments from such an enterprise in the m~nner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s)_ (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). ~ctJon A SP (Revised 9/18/00) Page 7 of 21 3- Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may b~, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, comissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise_ Minority: See definition under Minority Business Enterprise_ Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51_0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or mere persons, partnerships, corporations, or any combination thereof, founded to carl-y on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated M~E 9oal carmot exceed the proportionate interest of the ~IBE 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 havin~ minority participation in 25.0% of the work_ Minority ~embers of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Goals The ~oals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's a~gregate work force on all construction work for the Contract award are as follows~ Minority Participation (Percent) Minority Business Enterprise Participation (Percent) 45 ~ 5'% These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved cha~ge orders. The hours of minority employ~nent must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Section A SP (Ravis~ 9/18/00) 4. Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies si paid invoices, shall be submitted by the Contractor to ttle City Engineer_ The Contractor shall make bi weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of nuinority and f~-~le participation, by trade, which has been utilized on the Project_ Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to sub, it overall participation information as required. &-23 Tn,,,~ection Re~'ulred. (Rev"~ee4 7/5/00) (NO~ USED) Thc Contractor shall aomurc thc appropriatc building inopcctiono by thc Building Inspcction Division at thc various intcr~alo of %;ork for which a pcz~nit is rcquircd and to assurc a final inspcction aftcr thc building im co~plctcd and rcady for occupancy. Contractor must obtain thc Ccrtificatc of Occupancy, whcn applicablc_ gcction B ~ ~ of thc Ccncral Provisions io hcrcby amcndcd in that thc Contractor must Day all [ccc and chargcs lc¥icd by thc City's Building Inopcction Dcp~rtmcnt, and all other City fccs, including %;atcr/wastc%~atcr mctcr fccs and tap fcic as rcquircd by City. Paragraph two (2) of Section B 3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has ~n interest in any litigation against the City_ All bonds must be issued by ~n approved Surety Company authorized to do business in the State of Texas If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas The amount of the bond reinsured by any reinsurer m~y not exceed ten percent (10%) of the reinsurer's capital and surplus For purposes of this section, the a~ount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements_ The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bend was issued · Section ~ SP (Revised 9/18/00) Page 9 of 21 A-25 Sales Ta~ ~tion (~OT Coction B 6 22, Tjx Exemption Provision, following o~o~itutcd in lieu thereof. iD deleted in itc entirety and thc Contracts for improvcancnto to real propcrty a%zardcd by thc City of Corpus Christi do not qualify for cxc_mptions of talcs, Excise, and Usc Taxes unless thc Contractor elects to operate under a separated contract as defined by Ecction 3.391 of Chapter 3, Tax Administration of Title ]~, Public Finance of thc Texas Administrative Code, or such other rules or regulations as My be promulgated by thc Comptroller of Public Accounts of Texas. If thc Contractor elects to operate under a scparated contract, hc shall: 1. Obtain thc necessary calco tax permits from thc Crate Comptroller_ Identify in thc appropriatc space on thc "Ctate~cnt of Matcrials and Othcr Charges" in thc proposal form thc coot of uxltcrialo physically incol-poratcd into thc Project. 3. Provide resale certificates to suppliers. Provide thc city with copico of material invoices to subotantiatc thc proposal Yaluc of m~tcrialo. If thc Contractor docs not elect to operate under a separated contract, hc must pay for all Calco, ~[cioc, and Usc Taxes applicable to thio Project. Cub~ontractors arc eligible for oalc~ to.K cKcnlptionc if the subcontractor also complico with thc above requirements. Thc Contractor must issuc a resale ccrtifieatc to thc subcontractor and thc subcontractor, in turn, induce a resale certificate to his supplier_ A-26 ~u~le~e~tal T-jur~zce l%~quir~ents For each insurance coverage provided in accordance Contract, the Contractor shall obtain an endorsement policy, signed by the insurer, stating~ with Section B 6-11 of the to the applicable insurance In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P O. BO~ 9277 Corpus Christi, Texas 78469-9277 Number o~ 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 clays 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 En§ineer 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. Section A SP (Revised 9/18/00) Page 10 of 21 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 u~der 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 indemni~y, 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, includ/ng 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 cormection 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 enn~loyees or any person index~ified hereunder_ A-27 B~s~ibility for D~age Cla4-~ (~OT USED) Paragraph {a) ~cncral Liability si Ccction B 6 11 of thc ~cncral Prowiuions in amcndcd to includc. Contractor must providc builder's risk inourancc covcragc for thc tcrm of thc Contract up to and including thc datc thc City finally acccptm thc Projcct or work. Buildcr'o risk oovcragc must bc an 'All Rio]," form. Contractor m~ot pay all costs ncccu~ary to pro~urc ouch buildcr'm risk inourancc covcragc, including any dcductiblc. Thc City must bc namnd additional inourcd on any policico providing such insurancc covcragc_ A-28 COnsideration~ for Contract Award ~ Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer m~y require a bidder to provide documentation concerning: 1 Whether a/~y liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects beglln within the preceding two (2) years_ The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; amd Whether there are any outstandi[~g unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the na~e and address of the clair~ant, the amount of the claim, the basis for the claim, and an expl~ation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. The Contractor shall ennploy for this Project, as its field administration staff, superintendents and foremen w~o are careful and competent and acceptable to the City Engineer The criteria upon which the City Engineer n~akes this determination my include the following: The superintendent must have at least five (5) ye~x~ - _-T~rience in the day- to-cLay field ~m~nage~ent and oversight of projects of a siuuilar size and complexity to this Project. This experience must include, but is not limited to, scheduling of mant~ower and materials, structural steel erection, msonry, safety, coordination of sul~pontractors, and familiarity with the architectural s,hmittal process, federal and state wage rate requirements, and contract close-out procedures_ The foreman must have at least ~lve (5) ~ears - _-?erience in oversight and m~lnagement of the work of various subcontractors and crafts. If the scope of the Project is such that a foreanan is not required, the Contractor's superintendent sh~ll assume the respensibilities of a foreman_ Documentation concerning these matters will k~ reviewed by the City Engineer. The Contractor's field administration staff, and ~ny subsequent su]Dstitutions or replace~nts thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such ~ritten approval of field administration staff is a prerequisite to the City F~lgineer's obligation to execute a contract for this Project_ If such approval is not obtained, the award n~ay ~ rescinded. Ftmrther, such w~itten approval is also necessary prior to a change in field adakinistration 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 telqn of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 A~n~ed 'Consi~eration of Contract" Under 'General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must sub, it to the City Engineer the following information: A list of the major components of the work; A list of the products to be incoz~orated into the Project; A schedule of values, which specifies estimates of the cost for each major co~onent of the work; schedule of anticipated monthly pa~ents 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 ~BE firms meet the 9n]idelines contained herein. Similar substantiation will ~ required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will u~et 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 n%eet said requirements but that m~eting 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 pursuit to Section B-7-1]; A prel//ninary progress schedule indicating relationships between the major conRDonents of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8 Documentation required pursuant to the Special Provisions A-28 and A-29 conce~ing Considerations for Contract Award and Execution and the Contractor's Field Administration Staff_ 9. Documentation as req,~ired by Special Provision A-35-K, if applicable_ 10 within five (5) days following bid opening, submit in letter form, infornLation identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 A~en~e~ Policy on Extra Work and ~-~e 0r4ers 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 $25,000_00 must also be approved by the City Council. Section A SP (Revised 9/18/001 Page l] of 21 ~-~ As~m~d ']~ecut~o~ ot' Cc.~tract" Resultants Unc%er "General Provisions and Requirements for Municipal Constz"uction Contracts" B-~-5 Execution of Contract add the following: The awmrd of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which b~ars the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees_ Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor_ 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 i0 reminded to attend the Pre Bid Mccting rcfcr~cd to in ~pccial Provision A 1. A-3& Preeminence 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 Tecb_nical Specifications, third precedence will be given to the Special Provisions, fourth precedence will be given to the construction plans, fifth precedence will be given to the Standard Specifications and the Geueral Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), constln~ction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 ~4t~ Watar F&cilitiea: S~ecial Requirers (~OT U~) A_ Visitor/Contractor Orientation Prior to performing %;ark at any City %;stet facility, thc Contractor, his subcontractors, and ~ach of their c~loyecs must have on their person a valid card cortifying thoir prior attendance at a Visitor/Contractor Cafety 0ricntation Progr~ conducted by thc City 'Water Departmcnt Pcroonncl. A Vioitur/CoRtractor Cafety 0ricntation Program will be offered by authorized City Water Department pcrsonncl for tho~c persons %;ho do not have ouch a card, and who dosirc to perform any %;ark %~ithin any City water facility. For additional Opcration of Cit), ~]cd Equipment Thc Contractor shall not Draft, opcratc, or stop any pu~R~, motor~ valve, equipment, switch, brcakcr, control, or any other item rclatcd to City ¥~tcr facility at any ti~. All ouch itcr0u must bc opcratod by an operator or other authorized m~intenancc cmDloyc~c of thc City Water Department.- Section A - SP (Revised 9/18/00) Page 14 of 21 C. Protoctiou of ;~atcr Quality Thc City must deliver water of drinking ciuality to its customers at all timco. Thc Contractor shall protcct thc quality of thc water in thc job sits and shall coordinatc its work with thc City Watcr DEpartment to protect thc quality of thc %;atcr. D. Conformity with A}~EI/NCF Etandnrd ~1 All m~terials and equipment uoed in thc repair, rt-usocmbly, transportation, rcinotallation, and inopc~ction of pua~po, or ~ny other i~cms, which could come into contact with potable ~tcr, must conform to Amcrican National £tandards Insti tutc/~tional Canitation Foundntion (2~EI/N~F) ~tand~rd 61 aD dcsori~)cd in thc Standard Cpccifications. Cuch m~tcrialo include all solvents, clcancrs, lubricants, gaokcts, thread compounds, coatings, or hydraulic ccluipmcnt. Thcsc items must not bc uscd unless thcy con,ors ~ith ANCI/NCF ~tandard ~1 and unlco~ ouch items arc inopcctcd on thc oitc by authorimcd City pcroonncl i~ncdiatcly prior to usc. Thc Contractor shall providc thc En~inccr with copies of written proof o~ ANCI/NEF Cta~dard G1 approwal for all materials which could come into contact with potable %~atcr. }landling and Disposal o~ Trash Ail trash generated by the Contractor or his cmployccs, agents, or oub~ontractoro, must be contained at all times at thc water facility sitc_ Blo%;ing trash will not bc allowcd. Thc Contractor shall k£cp work arcas clcan at all timco and rcmo¥c all trash daily C0}~KACTOR'E ON CITE PREPARATION Contractor's personnel must %coat colored uniform overalls other than orangs, bluc, or %~hitc. Each employes uniform must provide company name and individual cmploycc idcntification. Contractor shall provide telephones for Contractor pcroonncl. Plant telephones arc not available for Contractor usc_ Working hours %~ill }~c 7.00 A~M, to 5,00 P-M.~ Monday thru Friday. Contractor must not ucc any City facility rcotroomD. Contractor muut provide own sanitary facilitic0. All Contractor vchiclc~ must bc parked at designated sits, am dcoignatcd by City Watcr Dcpartmcnt staff. All Contractor wchiclco must bc clearly labeled %;ith company name. ~]o private cmplos~cc vchiclcs are ells%ged at O- N_ Ctc¥cno Water Treatment Plant- All pcroonncl must bc in company wchiclco. During working hours, contractor Employees must not leave thc designated construction area nor %zandcr through any buildings other than for required %;orl£ or as dircctcd by City W~tcr Department personnel during cmcr~cney (Revised 9/18/~0) Page 15 st 21 Contractor Qualifications gCADA ( SUPERVISORY CONTROL AND DATA ACQUICITION) Any %;ork to thc computer based monitoring and control system rm~st bc pcrfomcd only by qualified tcchnical and supervisory pcroonncl, as determined by mooting thc qualifications 1 thru 9 below. Thio %~ork includes, but is not liraitcd to, modifications, additions, changcs, ocloctiono, furnishing, installing, oonnccting, progra~uming, customizing, dcbuGging, calibrating, or placing in opcration all hardware and/or software opccificd or rcquirod by thcoc npccificationo~ · hc Contractor or his subcontractor proposing to perform thc OCADA work must bc able to dcmonotratc thc following: 1. l[c in regularly engaged in tho computer b~ond monitorinG control system business, prcfcrably as applied tO thc municipal watcr~ and waotcwatcr industry, 3_ Mc has pcrformcd work on systems of comparablc oizc~ typc, and eomplc×ity as rcquired in thio Contract on at loaot three prior projects. 3- Nc has bccn actively cngagod in thc typo of work specified herein for at least 5 years 4_ IIc cmployfl a RcGistcrcd Professional Enginccr, a Control Cystomo Engineer, or an Electrical Engineer to supervise or pcrform thc work required by thio specifications. 5. Hc cmploys peroonncl on thio Projcct who havc oucccosfully completed a m~nufacturcr.o training course in configuring and implementing thc specific computcro~ RTUE'o, and software proposod for thc Contract. ~ Hc maintains a permanent, fully staffed and ocfuippcd ocrvioc facility within 400 m/lco of thc Projcct site to m~intain, repair, calibratc, and program thc systems opccifiod hcrcin. 7_ Nc shall furnish cquipmcnt which is thc product of one m~nufacturcr to thc maximum praGtical extent_ ¥~nrc this is not practical, all equipment of a given type will bc thc product of one m~nufacturcr. 8_ Prior performance at thc O. N. Ctcvcno Water Treatment Plant will bc used in cYaluatin~ %~hich Contractor or subcontractor programs thc new %;ork for thio Projcct_ 9_ Thc Contractor shall producc all filled out progr~anminG blocks rcquircd to show thc progranmning as nccdcd a~d required, to add thcoc two systems to thc existing City £CADA system. Attached is an c]£amplc of thc rcquirod programming blocks %~ioh thc City requires to bc filled in and given to thc City Enginccr with all changes m~dc during thc programming phaoo, Thc attached sheet is an el[ample and zo not intended to show all of thc required sheets. Thc Contractor will provide all pro~ranuning blocks used. Trenching Requirements All trenching for thio project at thc O_ N. Ctcvcno Water Treatment Plant shall be pcrfo~mcd using a b~ckhoc or hand digging duc to thc mtumbcr of existing underground obstructions_ ~o trenching machinco shall be allo%;cd on thc project. (Revised 9/18/00) Page 16 of 21 A-36 Other Shop Drawin~ Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated reprepentative_ b Reproducibles: In addition to the required copies, the Contractor shall also subntit one (1) reproducible transparency for all shop drawings_ Submittal Transmittal Forms: Contractor shall use the S-~nittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form Resub~ittals must have the original submittal number with an alphabetic suffix_ Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, ~ield dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract doctur~nts. 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 ~ark each copy to identify applicable products, models, options, ~nd other data. Supplement manufacturers' standard data to provide inforu%ation u~ique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and a~y Product or system limitations which may be detrimental to successful perfornmnce of the completed work. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms_ Resubmittals: Contractor must revise and resubmit su]mnlttals as required by City Engineer and clearly identify all changes made sznce previous submittal. Distribution: Contracto~ must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to prougotly report, thru Contractor, any inability to comply with provisions. Sam~le~: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City E~gineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (]) copies o~ all shop test data, and repair report, and all on site test data within the specified time to the City Engineer for Section A SP (Revised 9/18/00) Page ]7 o~ 21 approval_ Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement ~nd Charge for Water Fur~ulshed ~y the City" (~OT US~u) Under 'Ccneral Provisions and Rcquircmcnto for Municipal Construction Contracts", B 6 15 Arrangement and Charge for ~k~tcr Furnished by thc City, add thc following: "Thc Contractor must comply with thc City o~ Corpus Chrioti'o Water Conocrvation and Drought Contingency Plan an amended (thc "Plan'). Thio includes implementing water conservation moaource cotabliohcd for changing conditions. Thc City Enginccr will provide a copy of thc Plan to Contractor at thc pre construction meeting_ Thc Contractor will kccp a copy of thc Pla~q on the Projcct site throughout construction." Worker's C~gensation Coverage for ~ulld/n~ or Construction Projects for The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occu~.~c~ a~d F~n~i Acceptance (NOT Thc issuance of a certificate of occupancy for improvcmcnto deed not constitute final acccpt~cc of thc improvements under Ccncral Provision B 8 9. A-&0 ~t to ~ection B-8-6: P~rt~al Eft4--~tes General Provzsions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the m~terials delivered to the Project worksite_ A-&I Ozone Advisory (NOT USED) Priming and hot mix paving opcrationo must not bc conductcd on days for ~ich an ozone advisory has bccn issued, c×ccpt for repairs_ Thc City Engine-er will notify Contractor about ozonc alert. If a delay ouch as this is cxpcricnccd, thc day will not bc counted as a work day and thc Contractor will bc compcnoatcd at thc unit price indicated in thc proposal. A-~2 OS~A Rules & Re~ulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while perfoming any and all City-related projects and or jobs. A-43 A~ende~ I~ ..... 4fication & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts~ B 6-21 Inderm~ification & Hold Hamless, 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 ha~less and sha]] indemnify the City, its officials, employees, attorneys, and agents from any and all dan%ages, injury or liability (Revised 9/18/00) Page 18 o~ 21 whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants_ The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman_ A-4& C~e Orders 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 (u/lit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.)_ This breakdown information shall be sutxmitted by contractor as a basis for the price of the change order. A-&5 As-Built Dl~ensio=s ~nd Dr&wiz~s (7/$/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to 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. A-&6 Dis~os&l of Highly ~lorinated w~ter (7/5/00) (NOT U~) Thc Contractor shall be responsible for thc disposal of %~qtcr used for testing, disinfcotion and linc flushing in an approved ~anncr. Conta/ninants in thc watcr, particularly high levels of chlorine, %4ill bc uscd for disinfcction, and may excc~ thc permissible limits for discharge into wetlands or environmentally scnuiti¥c areas. These arc regulated by numerous agcncics such as TNIICC, EPA, cts. It will bc thc Contractor's responsibility to comply with thc rcquircmcnts si all regulatory agencies in thc disposal of all watcr used in thc project. Thc mcthods of disposal shall bc submitted to thc City for approval. There shall bc no separate pay for disposal of highly chlorinated water_ Contractor shall not use thc City's sanitary sewer system for disposal of contaminated %~atcr_ Secnion A SP (Revised 9/18/00) Page 19 o~ 21 A-&7 Pre-Co~tr~ction ~_lormtozy Excavations (7/5/00) (NOT Prior to any construction whatovcr on tho projcct, Contractor shall excavate and c]~ooc all cxioting pil>clinco of thc project that cross within 30 fcct of proposed pipelines of thc project and Contractor shall ourzcy thc cxaot vertical and horizontal location of each crossing and potentially conflicting pipeline_ For cxisting pip~linco which parallcl and arc within tcn fcct {10') of propoocd pipclinoo of tho project, Contractor shall c×cavatc and cxpooc said cxiting pipclinos at a maximum of ]00 feet O.C_ and Contractor shall survey tho accuratc horimontal and vcrtical locations of said parallcl pipelines at 300 fcct ma][imum Contractor shall thcs prcparc a report and submit it to thc City for approval indicating thc f~wncr of pipclinco c~cavatcd and curvcyed, as well as thc approximtc station thcroof, distckncc to thc pavement ccntcrlinc and elevations of tho top of c×isting pipelinesr Contractor shall pcrform no construction work on tho projcct until all c~ploratory cxcavations havc bccn m~dc in thcir ontircty, thc results thcroof rcported to thc Enginccr and until Contractor rcocivcs Enginocr'o approval of E]~loratory cxcavations shall be paid for on a lump sum basis_ Any pavcmcnt repair aooociatcd with c]~loratory cxcavationo shall bc paid for according to thc cotablishcd until prioc of pavcmcnt patching. Contractor shall providc all his ~%~ ourvcy work cffort (no separate pay) for c]~loratory cKoavationo. A-4S Overhemd Ele~trical W~res (?/5/0o) Contractor shall comply w~th all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs_ Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not_ It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not_ A-49 A~de~ "M~lntemAmce ~uara~ty- (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." Section A SP (Revised 9/18/00) Page 20 st 21 PROJECT: OWNER: ENGINEER: CONTRACTOR: SUBMI~AL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL TB. ANSMI~AL FOP. M SUBMITTAL NUMBER: SUBMITTAL Section A SP (Revised 9/18/D0) Page 21 o[ 21 PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 1 of 2 General Decision Number TX030039 06/13/2003 TX39 Superseded C~neral Decision No. TX020039 State: TEXAS Construction Type: HEAVY Count¥(ies): SAN PATRICIO HEAV~f CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number 0 Pttblicakion 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 I~%BORERS: Co,non 5.64 Utility 7 68 POWER EQUIPMENT OPEKATORS: Bac~loe Motor Grader 9.21 8.72 W~LDERS -- Receive rate prescribed for cra[t 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 "Sg' designation means that rates listed tmder that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been detertnined to be prevailing~ WAGE DETERMINATION APPEALS PROCESS 1.) [{as there been an initial decision in the matterO This can be: * an existing published wage determination * a survey underlying a wage determination Page 2 of 2 * a Wage and Hour Division letter setting ~orth a position on a wage determination matter * a conformance (additional classification and rate) ruling On sur~;ey related m~tters, initial contact, including requests for stint,aries of surveys, should be with the Wage and Hour Regional Office for the area in which the sur~ey was conducted because those Regional Offices have responsibility for the Davis Bacon survey program. If the response from this initial contact is not satisfactory, 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 l~abor 200 Constitution Avenue, N. W_ Washington, D. C_ 20210 2.) If the answer to the question in 1_) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and 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 information (wage payment data, project description, area practice material, 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_ Washington~ D. C. 20210 4.) Ail decisions by the Administrative Review Board are final_ END OF GENEP~AL DECISION AGREEMENT T~E STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 15TH day of FEBRUARY, 2005, by and between the CITY OF CORPUS CPfRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and RCM Constructors, Inc. termed in the Contract Documents as "Contractor," Nueces County, Texas: In consideration of the payment of $456,050.00 obligations of City as set out herein, Contractor complete certain improvements described as follows: upon these terms, performable in by City and other will construct and WAST~"ATER CLEAN-OUT INSTALLATION PROGRAM FY 2004-2005 PROJECT NO. 7329 (TOTAL ~ASE BID: $456,050.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, 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 BID ITEM WASTEWATER CLEAN-OUT INSTALLATION PRO~RAM FY2004-2005 BASE BID f !II IV V QTY ] UNIT PRICE TOTAL PRICE & o~_~cm~nc~ IN FIGURF3 IN FIGURES 450 4" Clean-outs, complete in place, per EA each. $ 500.00 $ 225,000.00 2. 5 EA 3. 2500 LF_ 4. 100 L.F. 5. 850 LF. 6. 100 L_F. 7. 1000 L_F_ 8. 50 EA 9. 600 L.F. 6" Clean-oul~, complete in place, per em:h. $635.00 Remove and replace all 4" pipe to and including thc bend, complete in place ~ linear foot. $ 20.00 Remove and replace all 6" pipe to and including the bend, complete in place Her linear fool. $ 23.00 Remove and replace all 4" pipe from tbe bend to lhc main, complete in place per linear foo~ $ 55.00 Remove and wplac, e all 6" pipe from thc bend to the main, complete in place per ~ loot. $65.00 Tre~h Safety Measmes, complete in place l:m- lim~r tool $7.00 Install new ~ to ~ by plugging old, repl~-"ing (1) one joint of main, complete in place Her each. $ 770.00 Adrhfional main line removal and replacement, complete in place ~r loot. $65.00 $ 3,175.00 $ 50,000.00 $ 2,300.00 $ 46,750.00 $ 6,500.00 $ 7,000.00 $ 38,500.00 $ 39,000.00 10. 200 Remove and reinstall existing fence, LF. complete in place per linear fool $ 8.00 $ 1,600.00 11. 25O Sod, complete in place per ~ fool $ 6.00 $ 1,500.00 1 BID ITEM 12. 13. 14, 15. 16_ WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY2~4-2005 BASE BID u 111 IV V QTY & UNITS 350 SF 450 EA 75 SY DESCRIPTION Conc~te flatwork re~r, complete in place per s~ltmr~ fool. Televise service line from the bend down to the sewer main, complele in place per em:h. Caliche repair, complete in place per S~lu~re yard. 75 Asphalt pavement repair, complete in SY place per s~uare yard. 15 Installation of driveway clean out boot, EA complete in place per UNIT PRICE TOTAL PRICE IN IN FIGURES FIGURF_~ $ 12.00 $4,200.00 $45.00 $14.00 $1,050.00 $ 48.00 _$ 2L600:00 $ 375.00 $ 5,825.00 (xte=~ x v_bx-u ss) $449,725.00 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 365 CA?.~NDAR 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 CORPUS CBRISTI APPROVED AS TO LEGAL FORM: CONTRACTOR A~poration)~~ (Seal Below) (Note: If Person si~ing for corporation is not President, attach c~py of authorization to sig~) RCM Constructors, Inc. P.O. Box 9338 (Address) CorDus Christi, TX 78469__ (City) (State) (Zip) 361/299-1191 * 361/299-1201 (Phone) (Fax) Agreement Page 2 of 2 PROPOSAL FORM FOR 11~'2004-2005 DEPART~E}~ OF ~]5~-NG SERVICES CITY OF CORPUS CHriSTI, TEY. AS PROPOSAL Place: Date: FEBRUARY 2, 2005 Proposal of RCM CONSTRUCTORS, INC. a Corporation organized and existing under the laws of the State of TEXAS OR a Partnership or Individual doing business as TO, The CXty of Cor~u. Christ1, TeXaB Gentle_men: materials, for: The undersigned hereby proposes to fuz-nish all labor and tools, and necessar~ equipment, and to perform the work required ~TEWATE3~ CX~%~-OOT INST~TION P~0~RAM at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: BID ITEM WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY2004-2005 UmTS ! BASE BID !1I UNIT PRICE I TOTAL PRICE IN FIGURES IN FIGURES 450 4" Clean-outs, complete in place, per EA e~.h. $ 500.00 $ 225,000.00 5 6" Clcan-ou~, complete in place, per EA *ach. $635.00 Remove and replace all 4" pipe to and 2500 including the bend, complete in place LF. per linear fool $ 20.00 Remove and r~place all 6" pipe to and 100 including the bend, comple~ in place LF. per ]linear loot. $ 23.00 Remove and replace all 4" pipe from the 850 bend to the main, complete in place per LF. ~ fo~. $ 55.00 Remove and ~:place all 6" p~pe from dm I00 bend to the main, complete in place per LF. linear fool $65.00 $ 3,175.00 $ 50,000.00 $2,300.00 $ 46,750.00 $ 6,500.00 1000 Trench Safety Measmm, complete in L_E placc pvn' itn~ fool. $7.00 Install new taps to main by plugging old, 50 replacing (1) one joint of main, EA complete m place per each. $770.00 Additional main line removal and 600 r~pla~cment, complet~ in place ~ L.F. lin~a~' fool $65.00 $ 7,000.00 $ 38,500.00 $ 39,000.00 10. 200 Remove and reinstall existing fence, LF. complete in place Her linear fool $ 8.00 $ 1,600.00 11. 250 SF Sod, complete in place per S~lUare fOOL $ 6.00 $ 1,500.00 l BID ITEM 12. 13. WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY2004-2005 BASE BID n 111 IV V QTY & UNITS 350 SF 450 EA UNIT PRICE I~ FIGURF~ Concrete flalwork repair, complete in place per stature foot. $ 12.00 Televise service line from the bend down to the sewer main, complete in place per eaeh. $45.00 TOTAL PRICE IN FIGURES $ 4,200.0O 14. 15. 75 Caliche repair, complete in place per SY s~uare yard. 75 Asphalt pavement n~pair, complete in SY place per muare yard. 15 Installation Of driveway cie,an out boot, complete in place per $ 14.00 $ 1,050.00 $ 48.00 $ 375.00 ~ 2t~00:00 $ 5,625.00 "l"O~"./~Ta ~g I~X*I) ("rte,~ I lgl3.._ru. 16) $449,725.00 '/ 4;6/. The undersigned hereby declares that he has visited the site and has carefully examined the plans, mpecifications 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 amount 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 within the time above set forth as liquidated damages for the delay and additional work caused thereby. ~ority/Xfr~ority Business t'~taz~prise partioipatio~: The apparent low bidder shall, within five days of receipt of bids, su]mnit to the City Engineer, in writing, the names and addresses of MBE fir~s patrticipating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose_ l~l~l~r o~ Si~a~ ~ets of Doc~l~nts~ The contract and all bonds will be prepared in not less than fotur counterpart (original signed) sets. Ti.aue oZ C~.letion: The undersigned agrees to complete the work within ~65 e&l~-A-~ ~ays from the date designated by a Work Order. The undersigned further declarem that h~ will provid~ 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. number): (SEAL - IF BIDDER IS a Corporation) ~pt of the following addenda is acknowledged (addenda Re sPec t f ul 1,F'~j~ ~t t 9~/~ / Name: ~'~-/~4 / ~ ~ ~: ' R~NDO MENOO~ (C~y) (S~a~e) ([~p) Telephone: 361-299-1191 Do not detach bid from other papers. Fill in wi~h ink and submit complete with attached papers. (Revised July 2000) STATE OF TEXAS COUNTY OF NUECES PERFORMANCE BOND BOND NO. 58614595 KNOW /%LL BY THESE PRESE1TTS: THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal", and w~qT~ ~T~v~¥ ~n~=~ , a corporation organized under the laws of the State of S©UT~DAKOTA , 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 FOUR H~JNDRED FIFTY-SIX THOUSAND, FIFTY ~ N0/100 ($456,050.00) 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 TSIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 15TH of FEBRUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: ~T=W7%TER C?.R~N-OUT INST~?.?.~TION PROGRAM FY 2004-2005 PROJECT NO. 7329 (TOTAL BASE BID: $456,050.00) NOW, THF_~tEFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Te×as, and other applicable statutes of the State of Te×as. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Te×as Insurance Code. IN WITNESS W~EREOF, this instrument is e×ecuted in 4 one of which shall be deemed an original, this the 18TH FEBRUARY , 20 05 __ copies, each day of PRINCIPAL RCM CONSTRUCTORS, INC. (Print Name & Secretary (Print Name) SURETY WESTERN SURETY COMPA/~Y At t orney-~Z- fact MARY ELLEN MOORE (Print Name) Comtact Person: A~es$ : Phone A%~er: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOO~ P.O. BOX 870 CORPUS CHR/STI, TEXAS 78403 361-883-1711 tNOTE: Date of Performance Bond must not be prior to date of contract) Revised 9/02) Performance Bond Page 2 of 2 PAYMENT BOND BOND NO. 58614595 STATE OF TEXAS ~1~(~ ~T,T, BY THESE P~ESENTS: COUNTY OF NUECES THAT RCM Constructors, Inc. of N~JECES County, Texas, hereinafter called " ' ' ", Principal and WESTERN SUP~ETYCOMPARY , a corporation organized under the laws of the State of SOUTH DAKOTA 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 FOUR H~NDRED FIFTY-SIX THOUSAND, FIFTY ~ NO/100 ($456,050.00) 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 SUCfl THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 15TH day FEBRUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: ~T~WATER C?.~N-O~3T INST~T,T~TION PROGRAM FY 2004-2005 PROJECT NO. 7329 (TOTAL BASE BID: $456,050.00) NOW, TBF_~tEFO~, 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. PROVIDED FURTHER, 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. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Te×as, and other applicable statutes of the State of Te×as. 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 4 one of which shall be deemed an original, this the ]R~ FEBRUARY , 20 05 copies, each day of PRINCIPAL RCM CONSTRUCTORS w INC. (Print Name & Title) Secretary (Print Name) SURETY WESTERN SURETY COMPANY Attorney-,{~-fact MARY ELLEN MOORE (Prznt Name) agen~y: qWA~4TN~ ~ C~ORDON TNSHRANCE AGENCY Contact Person: MARY ELLEN MOORE CORPUS CHRISTI, TEXAS 78403 Phone ~-.her: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURE'I Y ( OMPANY, a South D'ako ta corporation, is a duly organized and existing corporation having its pnncipal office in the City of' Sioux Falls, and State of' South Dakota, and that it does by virale of the signature and seal herein affixed hereby make, constitute and appoint Diann Eisenhauer, R M Lee, Leroy Ryza, Mary Ellen Moore, Kristi Roberts, Individually of Corpus Christi, TX, its tree and lawful Attomey(s)-in-Fact with Full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, unde~taldngs and other obligatory instmn~mts of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such insrrumen ts were signed by a duly author/zed off~cer of the coq>oration and all the acts of said Attorney, pursuant to the authorit~ hereby given, are hereby ratified and confirmed This Power of AMomey is rmtde and executed pursuant to and by authohty of the By-Law printed on the reverse hereof, duty adopted, as indicated, by the shareholders o£ tho coq~oration. In Witneas Whereof, WESTERN SUILETY COMPANY has caused these presents to he signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of January, 2004. WESTERN SURETY COMPANY O ~5Bruflat, Senior Vice President State of South Dakota '~ SS County of Minnehalm Oal this 7th day of January, 2004, before me personally came Paul T. Bniflat, to rne [mown, who, being by rne duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY dascn~<l in and which executed the above instrument; that he [mows the seal of said corporation; that the seal alTtxed m the said instmrnent is such coq~omte seal; that it was so affixed pursuant m authority gwen by the Board of D/rectors of said co~pomtion and that he signed his name thereto pursuant to like authority, and acknowledges saree to be the act and deed of&aid corporation November 30, 2006 CERTIFICATE . , Public I, L. Nelson, Assistant Secretary of WESTERN SUP3~TY COMPANY do hereby certify that the Power or- Attorney hereinahov¢ set forth is still in force, and fur[h~ ceffify that the By-Law of the coqaomtion phnted on the reverse hereof is still in force In testirnony whereof I have hereunto subschbed my name and affixed the seal of tho said coqaomtion this Form F42gO~OI 02 day of FEBRUARY 2005 WESTERN SURETY COMPANY Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other ol]~cers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Atlomeys in Fact or agents who shall have author/ty to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for thc validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The s~gnamre of any such officer and the corporate seal may be pnnted by facsimile. State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.20'2(6) of the Texa~ Property Code any notice of claim to the named surety under this bond(s) s~ould be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 You may also write to CNA Surety al: P.O. Box 1068, Houston, Texas 77251-1068. you ma contact I~a Texas Department of Insurance to obtain Infcxmalicm on companies, coverages rights or complaints el: 1-800-262-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austjn, Taxa; 78714-9104, orfax 512-475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute coecemlng your premium about a claim you should nnntact the company flrsL If the dispute is not resolved you ma} contact the Texas Depar'~nent of Insurance. ATTACH THIS NOTICE TO YOUR POUCY: This notice is for Inforr~ation only and does nol become a part or condition of the attached documents. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, St~reW Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insuxance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CITY OF CORPUS CHRISTI DIaCLOSURE OF INTEJtE,~"~ City d C_x~'pus Chrlal~ O~dinance 17112, as amende~ requires all persons m firms seeking to do buslne,sw~h t~e Cityto provide Ihe Iot]owing ~nfo~'maUo~. Evep/questJon muslbe answered. If the queeflon bnolapp~cable, a~swe~w~'NA'. FIRM NAME RCM COSTRUCTORS, INC. STREET: 7243 UP RIVER RD FIRM Is: 1. Corporation XX 5. Other CITY:CORPUS CHRISTI, TEXA~ap: 78409 2_ Pad'nershlp 3. Sole Ow~a' 4. A..~ociaOon DISCLOSURE QUESTIONS Il addJt~nal apace is necessa~/, please use the reverse side of this page o~ aflach separate she~t. 1. SlMe Ihe name~ o~ each "e~" of lhe City of C(Nl:)Ue Christi having an "ownership =ormtltut~ng 3% or more of the o,amefl~hlp M tim above named "firm"_ Name Job Tiae and City Deparlment State Ihe name~ of each "offidaF of IJ~ Cily of Coq3un Chd-U h~vlr~ Bn 'owne~h~p Inlemat" constituting 3% ~r mom d the ownemhlp la the above name~ "1rrm". Name Title 51ale lira name. of each "board ~ of lira City of Coqm~ Chrl~U having mn "mvne~hlp Intem~t" con~l~tlng 3% or mo~ of the owne~Np In the abeve named "finn'. Hame Consultant CERTIFICATE I c~rtJly U3al ail I~m provided is btm and (>orre,c~ as of the dat9 of this staler~ that I hay9 not knowingly of Corpus Chdslt, Te~ ae changes __,'~m~__,r. Cern/trig Pe~s~: ROLANDO MENDOZA Tt~le: PRESIDENT Date: ~,- I '~:L5~ DEFINITIONS '~Ek~rd Membm"_ A member of any bo~d, c~:~lmlSslon Or c~mmlflee Iq:~,oinl~:i by ~ CAty Council of U'~ City Coqxm ChriS, Texe~. b. 'Emp~z~'=c" Any pe~oc~ emptoy~d I~y the City el C_..orl~s Chd~U, Texas, etUler o~ & lull or part lime basJs, but nG4 as ¢. "FIm~'. Any ~nffiy c~o~l~l ~o~ e~nom~ gain, whelher pro~e~lonal, induslrl~l or comm~l~l ~ ~lher established Io produce o~ deal wil~ a product or ae~'e, Irlcludtng b~ not limlled to, enlY~e~ ~1~ ~ ~ f~ o/ sole i:x'oprleto~ship, as self-~m~plo)~d person, par'me~shl~, corl:~H~o~, jotnl stock c~'npany, joint venture, receivership ~r trusl an~ entities which, lot puffx)ses ol taxation, are Ireated as non-pro,It organizations. d. 'Offidal'. TheMayor. members ol lhe City ~. City Manager, DeputyCityManager, Asslstant City Managers, Department and ~ Heads and Municipal Courl Ju~3ges of Ihe City ol Corpus Chrtstl, Texas, e. "Ow~e~.hip Inlerest'. Legal or equitable inlerest, whelhef aclually o~ ~ held, ~ a firm, Inclu~ing such Intmesl Is held through an agenl, trust, estale or hok~ng e~tfly. 'Constmcflv~y held" relers to hold~g e¢ established Ihr(xJg~ ~ tmsls, proxies or spec. iai leffns ol ve~[ure o~ partnership agreemenls_ f. "C.~x~ultant'_ A~y perso~ o~ firm, such aa englne~ and amhilecls, hired by Ihe City of CorFxJS Christi lot PRODUCER DP CERTIFICATE OF LIABILITY INSURANCE RCMCO-1 I 02/18/0 Sw~ntner & Gordon Ins. Agency P. 0. Box 870 Corpus Christi TX 78403-0870 Phone: 361-883-1711 Fax:381-844-0101 / RCM Constructors Inc. P-O. Box 9338 Corpus Christi TX 78332 COVERAGES THIS CERTIFICATE IS ISSUED AS A MAI-FER 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. INSURERS AFFORDING COVERAGE NAIC # IN_SU~E~C Oklahoma Surety Co. A X COMMERCIALGENERALLIABILI%Y 04GL000555512 07/18/05 ]OLAIMS~ADE XE~°ccun / ¢ X X,C,U DATE (M~O/YY) DATE 07/18/04 GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIAB~JTY C ----ALLANY AUTOowNED AUTOS ~/ 06TX00292 80 07/18/04 B X~ OCCUR [] CLAIMS MADE UMC6201714 07/18/04 D 07/19/04 SBP0001119432 ~CH OCCURRENCE $ 1, 000, 000 07/18/05 BODILY INJURY (Ea s~u:~dem) % ,000,000 EACH OCCUP~NCE ~, 000, 000 07/18/05 AGGREGATE S WC SIATLL 07/18/05 $500,000 $500,000 sS00,000 Project: Wastewater Clean-Out Installation Progran FY 2004-2005 #7329 A4~itional Insured as required by written insured contract in favor of certificate holder applicable to General Liability and Auto Liability policies. CERTIF~ATEHOLDER City of Corpus Christi / Attn: Engineering ~ P. O. Box 9277 Corpus Christi TX 78469-9277 ACORD 25 (2001108) CICC-CC CANCELLATION ~ ~'v~~~D C 0 RPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights ~o the certificate 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 statement on this cedificate does not confer rights to the certificate 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 alter the coverage afforded by the policies listed thereon. ACORD 25 (200'1/08) ~r~Ol-05 04:01p~ Fra~-Sf~TN£R & ~RDO~ INSU!b~CE T-IS? P,OOZ/OOE F.-613 COMMERCIAL GENERAL LIABILITY C~3:20 10 10 01 THIS ENDORSEMENT C}LA.NGES THE POLICY. PLEASE READ IT CAREFULLY ADI}ITIONAL INSURED - OWNERS, I.g..SSEES OR CONTRACTORS - SCH'EDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:. X/COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH][DULE Na~e of Person or Orgmaizati~n: City of Coq~ Chris6 V/ Department of Engineering Services Arm: Coat.ct Adminisa~or P, O, Box 92T7 Cmpua Chris6, Totas 78469-9277 0fno entr/appears above, information req~red to complete this g~dorsemtnt will bo shown in the De~laratlon as applicable to this endorsement) A. Section 11 - Who Is An Insured is amended 7o inc]ude a.s an insu.md the person or organization shown in the Schedule, but only wixh respect to liabllky arising out of your ongoing operations performed for that/~surecL B. With reSpect m thc inma'ance affon:lod to these addldonal inm.a'eds, the following exc]ulion is added: 2. Exclusions This insurance does nm apply to 'qoodily inj~y" or property de'nags" occurring a.Oer: (I) AIl work, including mazerials, parts or equipment furnished in conne*'!:ion w~th such work, on tho project (other thtm sca'vice, nminlemanc¢ or n.-'pa, irs) to be perfarmed by or on bohalfo£the additional insured(s) at the si[e of the cuvered oper, aions has been completz:l; or (2) Th.~t potion of ~,our work" out of which the injury or darnase raises has been put to its intended use by any person ot orgsniz~ion other than another contractor or ~ubcontraotor engaged In performing operations for a principal as pet of the sang projec~ CG201Ol0Ol Inaar~d: RCM Con~ol~, Inc. Pol# 0~GL000555512 Effeoive: 07/18/~ ~ M~a~g P~ ~ ~ ~ Tide: A~z~ R~6w ~r-gl-05 04:01pm Fr0a-SWANTNER & GORDC~ INSUR^N~ T-16T PD04/006 F-613 TE ~9 eib ADDITIONAL INSURI~D This endorsement modifies insurance provided unde~ tho following: BUSINESS AUTO COVERAGE FO]~M GARAGE COVERAGE FORM TRUCKERS COVERAGR FORM ThiG endorsemem chan~oJ zhe policy effective on the inception dam ortho policy unless another date is ~ndies~ed below: Endorsement Effective /, Policy Number O~TX00290fi280 V/ 07/I 8/04 Namcd insured RCM Constructors Countersigned byV//~ (Authorized Repmsemafivc) The previsions snd exclusions :hat apply to LIABILITY COVERAGE also apply to this endorsement. Addiflonel In sul:'ed: City of Corpus Christi Depc Of Englneering Services Arm: Conu~c~ Admlniswator P. O. Box 9277 Corpus Christi. TX 78469-9:277 is zn insured, but only with re~pec~ to legal respons~ility for ac~ or crmlsslons of s person for whom Liability Coverage is afforded ux~er tl~s poflcy. The additional insured is nor required to pay for any premiums ~rated. i~ thc policy et earned ~om ~e policy. Any ret.urn premium a~nd any dividend, if appllcable, declared by u~ shall be paid to you. You zrc authorized so aa for the eddi~lonal insured ia all rnaRen pcrtab~g to tl~ i~u~nce. We will mail the addRional ~sured notice of any caner, linden of this policy. If thc cancellation is by us, we will g/vt days notice to ~e .ddi~on~l insured. The zdditional insured will retain any ril~z of r~covery ~s a cla~rnam trader this policy. FOILM TE 99 0lB - ADDmONAL I~SURED Tcxas Stcnd~rd Aosomobile Endorsement Prescribed by M~rch 19. 1992 ATTACH~.ENT 2 2OF2 04:01pm Fr~SWANTNER & GOR~ INSUI~CE T-Iff? P.OO~/OD8 F-61~ COMMERCLAL GENERAL LIABILITY CCi 02 05 01 96 THIS ENDORSEMENT CHANGES TH~ POLICY - PLEASE READ IT CAREFULLY N// TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance p~ovlded under the £ollowln$: V~COMMERCIAL GENERAL L.IAI3LLITY COVERAGE PART LIQUOR LIABILITY COVEILROE PART OWNERS AND CONTRACTORS PROTECTIVE LLo, BILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LLM~H_ITY COVER.AGE PART R_MI_ROAD PROTECTIVE LIABILITY COVI~RAGE PART In the event of cancellation or material cha~ge ~hat reduces or re~ricu ~h~ insuranc~ afforded by this Coverage P~r. we agree to mall prior wrinen no6ce of cancellation or m~rial ch~'~ge to: SCHEDULE City of Corpus Cluisii Dcpt. Of En~inm~ring Services AU~: Con~ac~ Adm/nls~rslar P. O. Box 9277 Corpus Christi, TX 78469-92?7 Number ofdayl advance notice: THIRTY (30) Named Insured: Policy Number: RCM Consmscxors, Inc. 04GLO00555512 V/ ,/ Effecdve Date of Thi~ Endorsement: 07/I 8/04 ^~horized R~resent,a6ve: Name (Pnnted): R. M, Lee Title (Printed): Managing partner AI'fACHMENT 3 CG020S (01/96) I OF 3 Mar?Ol-O~ 04:02pm Froe:-$W~TNER & GORiX3Id rNSURANC~ T-167 P.006/006 F-613 CANCELLATION PROVISION OR COVERAGE C}La, NGI~ ENDORS~¥IENT Thil endorsement modifies insuranco provided under the following: BUSINW, SS AUTO COVERAGE FORM GARAGE COVERAGE- FORM TRUCKI~R$ COVERAG'~ FORM TE 02 0lA Thi~ e~dorsemem changes the policy effective on ~he inception da~ oftbe policy tmleas ~nother date is Indicamd below: Endorscrncm EIT~dve 07118/04. V,/ Named In~ured RCM Con~lTUctors, Inc./~/ Policy Number O6T'XO029062~O Countersigned by (Authorized Representative) THIRTY (30) days I~for~ this policy is canceled or man:dally changed to re, lute or rcs'~c~ coverage we ~11 mall notlc~ of the cancellation or change City of Coq~us Christi Dept. Of Enginoefing S~rvices Atto: Con~ra~ Adminisrrmor P, O. Box 9277 Coq~us Christi, TX 78469-9277 Authorized Name (Printed): R. M, Lee Title (Printed): FOIL,'V! TE 02 02A - CA.NCIgLLATION PROVISION OR COVERAGE CltA.NGI~ ENDOILSEMENT Tex~s Standard Automobile ]Indorsement (Ed. Eff~'~ve 3/92) ATt ACI~/I_ENT 3 2 OF'~ Idar~01-05 04:02pa From-$~TNE~ & GOROO~ INSUP, A~CE T-I6? P.OOE/O0~ F-~13 WORKERS COMPENSATION AND EMPLOYERS L1AIilLI~ INSURANCI~ POLICY WC 42 06 01 CEO. 7-ss) Tr:,XAS NOTIC~ OF MATERIAL CHAN~E[ ]~O]:LSEMENT This endorsement applies only to the insurance provided by bbc policy because Texans is shown in item 3.A. o£ tho Information Page, In the evc, nt o£cancell~ion or other material change of the policy, we will mail advance notice to tho person or organization nnmed in the $ch~iule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate direoJy or indirectly to be~ef'n anyone na~ named in the %hedule. Schedule l, Number of dsy~ advance notice: 30 2. Notice will be mailed to: City of Corpus Christi Department of Ens~ncer~g Services A~I~: Con~ Admini~Tm- P 0 Box 9277 Corpus Christi~ TX 784699277 Th~s endorsement changes the policy to which it is at, chad and is effective on the date isnled unless olherwlso stated. (The Information below is required only when this ~ndorsement is issued subsequent to prepar'~on of the policy,) Endorse'mcn~ 1~ffec~ve: 07/19/05 Policy No. RCM Cons-m~tors Insurance Company Taxa~ Mo/~ua{ lnsm~nc~ WC 42 06 01 $BP0001119432 Endo~eme~tNo. 1 Comm~sJgned By: N~m¢ (Pri~cd)'. (Ed. 7-84) Title (T finial): Managing Parmer A'FFA C~I]~NT 3 3 OF3