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C2005-273 - 5/10/2005 - Approved
Big State Excavation 2005-273 05/10/05 M2005-131 $ FORMS OF C I ~L P ROV I S I ONS PEC I FIC~T IONS ~ND CONTRACTS FOR & BONDS 1 6" DIAMETER WATERLINE LOOP CONNECTIONS SEG~.NT 'A'-WEBER RD. , SEGMENT ~B'-CHAPMAN RANCH RD., SEGMENT 'C'-O~.n BROWNSVILLE RD. March, 2005 FOR WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857-1881 Fax: 361/857-1889 P- O. BOX 6355 CORPUS CHRISTI, TX 78466-6355 (361) 854-3101 FAX (361) 854-6001 U.E.JOB NO- 33760.A4.01 ENGINEERIN(5 IPROJECT NO.: 8497 I DRAWING NO-: WTR 352 I FAX TRANSMISSION Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax: 880-3501 To: ALL PLAN From: Angel R. Director Subject: 16" DIA. SEGMENT HOLDERS Date: April 21, 2005 Pages:18 (including fax sheet) Escobar, P.E. ~~w ~ of Engineering Ser/i~es WATERLINE LOOP CONNECTIONS 'A'-WEBER RD.; SEGMENT 'B'-CHAPMAN RANCH RD.; SEGMENT 'C'-OLD BROWNSVILLE RD. PROJECT NO: 8497 ADDENDUM NO. 1 Co.~Lents: This fax transmission contains the sealed (3-page)addendum and ONE (1) (14-pages), from URBAN ENGINEERING, the above noted project. signed, attachment INC., for The addendum includes: Revisions to the Special Provisions--Method of Award & Pre-Construction Exploratory Excavations; Revisions to the Combination Air- release/Air-vacuum Valve & Pressure Test Station Piping Details, of the Drawings; and a REVISED Proposal Form. Prospective bidders modifications to modifications shall become a part of documents. Ail provisions of the contract specifically affected by the Addenda unchanged. are hereby notified of the following the contract documents. These the contract documents not shall r~m~in cCity of .orpus Chnsti ADDENDUM NO. I I April 20, 20(35 TO: ALL PROSPECTIVE BIDDERS 16" DIAMETER~U%TERLINE LOOP CONNECTIONS SEGMENT ,A,-W~nW~ RD., SE~ENT ~B'-CHAPMAN RANCB RD., PROJECT NO. 8497 ProspectiYe bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents_ All provisions of the contract documents not specifically affected by the Addenda ahall remain unchanged. I P~RT A - SPECIAL PROVISIONS: A-4 Method of Award See Page 4 of 28 Additional footage of 18" HDPE Directional Drilling and a length of 18" HDPE Bore is being added to the Bid Proposal Form aa Additive Alternate No. 1 to Seqment 'A' in anticipation of possible conflicts with cultural resources in the area_ If an area is determined to have cultural resources on either side of Oso Creek then the bore unit price will be applicable to allow construction of pipeline under the area. If the area is adjacent to the existing ends of the Oso Creek directional drill shown on Plan Sheet 5 then the additional length added to avoid the site will be paid for with the 18" HDPE Direction Drill unit price as described below_ This unit price will be in addition to the lump sum Bid Item A-6. ADD: 12- Additive Alternative No. i - Direction Drill 18 inch HDPE Pil~e This item ~111 be measured by the linear foot installed for the mck~tional 18 inch BDP~ pil~e installation by directional drill techniques addmd as necessar~ to ~he length provided by Bid Item A- 6 to avoid ~u/~ural resources sita. This ite~ includes but is not limited to the following work: a. Provide all equipment and labor necessary to install a~44tional 18 inch di*-~ter HDPE pipe by directional boring. b. Site prel~arat~on and access for drilling and mncillax~ equi~M~nt sh~ll be inclu~ with Bid ADDENDUM NO. 1 I Page 1 of 3 Engineenng Services P.O.Box 9277 · Corpus Christi, Texas 7846949277 · (361) 880 3500 I~-~w, No. A-6. c. Trench end bore pit excavation shall be included w~th Bid Item No. A-6. d. Remova/ and disposal of sd~i tional excess soil_ e. Furnishing and installing pipe. f. Providing butt fusion welding of pipe to connect each end of bore~ pipe to adjacent pipe_ g. Fur~ishing and installing pipe and fittings as necessary to connect to end of adjacent 16" dia. PV~ pipe sh~ll be included with Bid Item No. A-6. h. Providing water for s~i tional drilling i. Disposing of s~t tional drilling fluid according to rules and regulations of applicable local, state and fec~ral a~ncies. 13. ~ tire Alte=nativ~ No_ i - Bore 18 inch HDpE This item will be me~suxed by the linear foot ins~lled for the lB inch HDPE pipe installation to avoid cultural resource area by boring techn/ques. This i~-~ includes but is not to the following work: a. Provide a/1 equ/pm~nt and labor necessary to install lB inch d/a~eter HDPE pipe (SDR 11) by borin~. b. Sit~ preparation and access for drillin~ end ancillary equipment. c. Trench end bore pit excavation, inaluding rm~ving and disposing of exist/ng unsuitable soil, pavement, etc. d. Furnishing and lnstalling pipe and fittings. e. Providing butt fusion welding of pipe to connect each end of bored pi~e to adjacent pipe. f_ Furnishing and installing pi~e and fittings as necessaz~ to connect to end of adjacent 16" dia. PV~ pipe. g_ Placing a~d c~0acting ~m~¥~ill in pit areas (including furn/sbing the select ~aterial show~ on the plans) to return axes to praconstruct/on finish grades. h. Cleaning u~ of affec~ rexes. i. Providing water for drilling --~ construot~on. j_ D~sposing of drilling fluid according to rules and regulations of a~licable local, state and fed~ral agencies. ADDENDUM NO. Page 2 0i 3 II. III. DRAWINGS A-47 Pre-Construction Exploratoz-y Excavations: See page 23 of 28 1. DELETE: Exploratory excavations shall be subsidiary to the box culvert cost. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. Exploratoz-y excavations shall ~ subsidiary to the 16" d/ameter waterline cost. Contractor shall provic~ all his own survey work effort (no separate pay) for explorator~ excavations. A. s~r~RT 7 of 15, CO~4BI-N~TION A~R RELEASE -- A/R/VACLE~ VALVE DETAIL Pipe nipple between saddle and gate valve shall be brass. Delete: 2" Type K Copper ADD: 2" Brass B. SH~KT 14 of 15, DETA/L I PRESsu~tE TEST STATION PIPING DETAIL ADD PROPOSAL DELETE ADD: 16" dia. pipe spools shall be ductile iron pipe. Delete: 16" PVC Spool 16" DIP Spool Current Proposal Form in its entirety (Pages 1-13). REVISED Proposal Form pages 1-14 (See Attecl~ent 1). Attachments: No. 1 Please acknowledge receipt of this addendum in the appropriate place in your REVISED PROPOSAL FOI~M. END OF ADDENDUM ~1 Urban Engineer±rig ~'~?"' '"'. ~..::'. ..................... 5....,: c:: ;J Revised Proposal Form (14 Pages) ADDENDUM NO_ 1 [ Page 3 of 3 PROPOSAL FORM FOR 1 6" DIAMETER WATERLINE LOOP CONNECTIONS SEGMENT 'A'-WEBER RD. , SEGMENT 'B'-CHAPMAN RANCH RD., SEG~.NT ' C' -OT.n BROWNSVIL?.W. RD. DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS ~PROPOSAL FOR~4 PAGE 1 OF 14 Addendum No. 1 I Attachment No. 1 Page I o! 14 PROPOSAL Place: Date: Proposal of , a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: Gentlemen: The undersigned materials, tools, required for: The City of Corpus Christi, Texas hereby proposes to furnish all labor and and necessary equipment, and to perform the work 16" DIAMETER ~TEBLINE LOOP CONNECTIONS SE~4ENT ~A'-WEBER RD. , SE~4ENT 'B' -CHAPM~N RANCH RD. , SE~4ENT 'C'-OLD BROWNSV~T.T.~ RD. at the locations set out by the plans and specifications and in strict accordance with the contract documents for the followin9 prices, to- wit: ~-UI~-~PROPOSAL FORM PAGE 2 OF 14 Addendum No. 1 I Altachment No. 1 Page 2 of 14 SE~ ~A' WK~ER ROAD BASE BID I II III UNIT PRICE V BID ITE~4 EXTENSION (QTY & UNIT PR/CE IN FIGURES) LS A-2 4,670 LF EA Bonds/Insurance, complete in place per LS 16" Waterline (PVC C905 or DIP), complete in place per LF 16" Fittings (22.5% 45" & 90" Bends), complete in place per EA A 4 EA EA A ~ A-9 EA EA 4,670 LF 16" Gate Valve, complete in place per EA 24" x 16" Reducer, complete in place per 18" HDPE Oso Creek crossing by Directional Drilling, complete in place per LS Air Release/Vacuum Valve, complete in place per ~A Metal Post with Slqn, complete in place per EA Trench Safety, complete in place per LF A 10 5 1 LS Fire Hydrant Assembly (Including Swivel , L, 16"×8" Tee, 8" Gate Valve w/Box, 8" Pipes, and 8"x6" reducer), complete in place per EA Pressure Test Station, complete in place per LS A-12 Utility Allowance, complete in place per LS $40,000 TOTAL BID SE(~NT ~A': (BID ITEMS A-1 THROUG~ A-12) $40,000_00 $ NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on the~ approximate quantitie~s. ~ P~o~os~ ~om~ I Addendum No. 1 I PAGE 3 OF 14 I I Attachment No. 1 Page 3 o! 14 SE6~ENT 'A' WEBER ROAD ADDITIVE ALTERN]%TE NO. I I II III Iv V BID Q~y & UNIT PRICE BID ITEl4 EXTENSION (QTY & UNIT PRICE IN FIGURES) AAA-1 500 18" HDPE Directional Drilling, LF complete in place per LF $ AAA-2 200 18" ~PE Bore, complete in LF place~ LF $ NOTE; The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. Addendum No. 1 A~a~hme~ No. 1 Page 4 o~ 14 SEG~4ENT ' B ' CHAPMAN RANCB ROAD BASE BID II III ~m ~TY & ITEM UNIT B 1 1 LS Bonds/Insurance, complete in place per LS B-2 ] EA 48" x 16" Tapping Sleeve, complete in place per E3% EA 16" Tapping Valve, complete in place per ~ B-4 815 LF 16" Waterline (PVC C905 or DIP), complete in place per LF B-5 11 EA 16" Fittings (22_5% 45° & 90° Bends) and Plug, complete in place per EA B-6 1 EA 16" Gate Valve, complete in place per EA EA 16" x 8" Reducer, complete in place per EA B 8 1 EA 16" Tee, complete in place per EA LF 8" Waterline (PVC C900 or DIP), complete in place per LF B-10 2 8" Cap and Abandon, complete EA in place per EA B 11 1 8" Gate Valve, complete in EA place per EA B 12 3 8" Fittings, complete in piece EA per EA EA Air Release/Vacuum Valve, complete in place per EA B-14 2 EA Metal Post with Sign, complete in place per E~ B-15 815 LF Trench Safety, complete in place per LF UNIT PRICE IN FIGURES V BID ITEM F~TENSION (QTY &UNIT PlaICE IN FIGURES) $ $ $ $ $ $ $ ~ PROPOSAL FORM PAGE 5 OF 14 Addendum No. 1 [ Altachment No. 1 Page 5 ol 14 SEGMENT CHAPMAN RANC~ ROAD BASE BID I II III IV ITEM UNIT DESCRIPTION IN FIGURE S BID ITE)4 EXTENSION (QTY & UNIT PRICE IN B-16 2 Fire Hydrant Assembly {Including Swivel , L, 16"x8" Tee, 8" Gate Valve w/Box, 8" Pipes, and 8'x6" reducer), $ complete in place per EA B-17 7 Asphalt pavement Repair, SY complete in place per SY $ B-lB I Dewatering, complete in place LS per LS $ TOT. A~ BID S~-~ENT 'B': $ (BID ITEMS B-1 THROUG~ B-18) NOPE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities- Do not order material based on these approximate quantities Addendum No. 1 I Attachment No. 1 Page g of 14 SE~4ENT 'C' OLD BRO~q~I'SV]'T.T.I~- ROAD BASE BID I II III Iv BID ~TY & UNIT PRICE SE~qT 'C' - OLD BROWNSVILLE ROAD LS Bonds/Insurance, complete in place per LS C-2 1,116 LF 16" Waterline (PVC C905 or DIP), complete in place per LF C-3 7 EA 16" Fittings (22 5°, 45e & 90° Bends), complete in place per EA C-4 2 EA C 5 1 EA C-6 42 LF 16" Gate Valve, complete in place per EA 16" X 8" Tee, complete in place per EA 8" Waterline (PVC C900 or DIP), complete in place per LF C-7 2 EA 8" Fittings (22.5", 45" & 90" Bends), complete in place per EA C-FI C-9 l EA 1 8" Gate Valve, complete in place per EA 8" Tee, complete in place per EA C-10 C ]3 6 EA 1,116 LF 29 SY 90 SY Metal Post with Sign, complete in place per EA Trench Safety, complete in place per LF Concrete Pavement Repair, complete in place per SY Asphalt Pavement Repair, complete in place per SY Remove Existing Fire Hydrant and Valve Box and Cap Existing 6" Water Line, complete in place per LS BID ITEM EXTENSION & UNIT PRICE IN FIGURES) $ $ $ $__ $ Addendum No. 1 I Attachment No. 1 Page 7 of 14 SE(~IENT OLD ~SVIT.T.R ROAD BASE BID III DESCRIPTION UNIT PRICE IN FIGURES V BID ITEI~ EXTENSION (QTY & UNiT p~.tc~ ~N F~GU~ES) C-15 2 EA Fire Hydrant Assembly (Including sw,vel, L, 16" x Tee, 8" Gate Valve w/Box, Pipe), complete in place per EA TOT_AL B~) SE(~NT ~C': (BID ITEMS C-1 THROUGH C-15) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities_ Do not order material based on these approximate quantities_ Addendum No. 1 I AU~chment No. 1 Page 8 of 14 16" DIAMETER ~ LINE LOOP CONNECTIONS SE6~TT ~A'-WEBER RD., SE~E~T ~B'-CHAI~4~N RANCH RD., SEGMENT ~C'-OLD BROWNSV~?.?-~ RD. BID SUMMARY Base bids listed in the following summary shall match those totaled on the previous pages. If there is a discrepancy, the totaled bids on the previous pages shall govern over those listed below. BASE BID SE6~ENT ~A' BASE BID SE6~2~T 'B' BASE BID SE~4ENT 'C' (Bid Items A1 - A12) $ (Bid Items B1 - B18) $ (Bid Items Cl - C15) $ TOTAL BASE BID SE~ENT ~A' - ~ tive Alternate No. 1 (Bid Items AAA-1 - AAA-2) $ $ Addendum No. 1 Attachment No. 1 Page 9 of 14 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance 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. Minority/Minority Business Entezlorise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. ~er of Signed Sets of Documents: bonds will be prepared in not less than four signed) sets. The contract and all counterpart (original Time of Com~letion: To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion of each item shown below. The project has been divided into phases. Time duration for construction is allocated for each item and if the work in that item is not complete as shown below, liquidated damages will be assessed for each day the work is delayed. A penalty in the amount of $ 500.00 per calend~r day will be assessed against the contractor as liquidated damages. Time durat/on for each item is ~ot transferable. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. Start of Phase c~arge~m~ is initiated ~ move-in of eqUilm~e~t to that area. The working time for completion of the entire Project will be 180 Calendar Days. ~ PROPOSAL FORM PAGE 10 OF 14 Addendum No. 1 I Atl~chment No. 1 Page 10 of 14 Each phase of the Project shall be completed within the number calendar days allocated as describe in the following; Phase I: Segment C - Old Brownsville Rd. Phase II: Segments A - Weber Rd. 60 Calendar Days 80 Ca/en~ Days Phase III: Segments B - Chapman Ranch Rd. 30 Calendar Days Phase /V - Contract Closure 10 CaleD~ Days of Time duration for each item is not transferable. Days A/location for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days Pebruary 3 Days June 4 Days October 4 Days March 2 Days July 3 Days Noveraber 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 180 Ca_lev~-~ Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work FDR EAC~ PHASE or after such time period as extended pursuant to other provisions of this Contract, $500 per Ca/em~-~ Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay est~m-te. ~ Addendum ~o. 1 A~h~ ~. 1 Phase I shall be started first. All segments may be started and have construction performed concurrently_ The undersigned further declares that he will provide all nece;sary tools and apparatus, do all the work and furnish all mate ials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract ducuments and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfully submitted: Name: (SEAL - IF BIDDER IS a Corporation) By: Address: (SIGNA~-u~E) (P.O. Box) (Street) NOT~2 Telephone: Do not detach bid from other papers. Fill in with ink and Sub. it complete with attached papers. (Revi~ed August 2000) (City) (State) (Zip) Addendum Ho. 1 I Atlachrnent Ho. 1 Page 12 o! 14 CITY OF CORPUS CHRISTI City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information_ Every question must be answered. If the question is not applicable, answer with "NA". STREET: CITY: ZIP: FI~ is~ 1. Corporatiorl [] 2. Partnership [] 3. Sole Owner [] 4. Association [] 5. Other [] DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ~employee" of the City of Cor~us Christi having an ~ownership interest" constituting 3% or more of the ownership in the ~0ove Name Job Title and City Department (if known) 2, S tmte the Dn~s of each "official" of the City of Corpus Christi h~vin~ ~ "owr~urship interest" constituting 3% or more of the ownership in the a~ove na~ed "firm". Name Title 3. State the na~es of each "board m~mber" of ~he City of Cor~ue Christi having an "ownership interest" constituting 3% or more of the ownership i~ the ~bove na~ed 4. State the na~es of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any ~atter related to the subject of th/s oont~act and h~. an "ownership intereat" constituting 3% or ~ore of the ownership in the mbove n~ed "firm"_ Name Consultant of Corpus Christi, Texas as changes occur. Certifying Person: (Type or Print) Signature of Certifying Person: CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements wi]l be promptly submitted to the City ~PROPOSAL EOP. M PAGE ]3 OF 14 Title: Date: IAddendum No. 1 I At13chment No. 1 Page 13 of 14 DEFINITIONS "Board Member' A member of any board, commission or committee appoin~:,d by the City CounoI of Ihe City of Corpus Christi, Texas. "Employee'. Any person eml:~oyed by the City of Corpus Chdsti, Texas, either on a [uti or part time basis, but not as an ir~dependent conb-actor. =Fin'n' Any enlJty operated fo~ economic gain, whether pmfees~onal, indusb'iai or commercial and whel:her eslabhshed to produce or deal w~th a product or service, ndud ng but no~ limited fo, enl~l~es operated in ~ form of sole propnetomhip, as seE-employed person, parthership, corporation join[ stock company 'oint venture, n ...... J rece~vemhip o( ~ust and e titJes which, for purposes of taxabon, are treated as een-proflt organtzabens. ~)Or~ci.al" .The M, ~ayor, .me.m, be~.s, of ~e. Cit~ ~ouncil, City Manager. Deputy City Manager Assistant City Managem, epan:men[ ane Lm~S~On h, eaos ar~ MUmC~pal Court Judges of Ihe City of Corpus Chdsli, Texas. "Ownership Interest'. Legal or equitable interest, whethe~ actually ~ consln.m'l~ly held, in a fin'n, including when such interest is held Ihrough an agent, ITusL estate or holding enl]ty. "Consb'uctNety held' mfem fo holding or conlrol eslablished Ihrough vo~ng b"usts, proxies or special terms ol~venture or partnership agreements. "Consultant'. Any person or firm, such as engineers and architects, hired by the City oi' Corpus Chrisl~ for the purpose of ~ofeeslonal consultaliee and recommendalJon. AUachrnent No. 1 Page 14 of 14 SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS & BONDS FOR 1 6" DIAMETER WATERLINE LOOP CONNECTIONS SEG~iENT 'A'-WEBER RD. , SEGMENT ~B'-C~ RANCH RD., SEGMENT ' C' -OLD BROWNSVILLE RD. March, 2005 FOR WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857-1881 Fax: 36]/857-1889 PROJECT NO,: 8497 DRAWING NO.: WTR 352 EN(~INEERIN~ P. O. BOX 6355 CORPUS CHRISTI, TX 78466-6355 {361) 854-3101 F~LX (361) 854-6001 U.E.JOB NO. 33760.A4.01 (Revised 7/5/00) 16" DIAMETER WATERLINE LOOP CONNECTIONS SEG~RNT ~A'-WEBER RD. , SEGMENT ~B'-CHAPMAN RANCH RD. , SEGMENT 'C'-OLD BROWNSVI?.?.~- RD. Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CO~'r~%CTORS - A (Revised Sept_ 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS ~-[ Time and Place of Receiving Proposals/Pre-Bid Meeting ~-2 Definitions and Abbreviations , ~ Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages ~--7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) ~-]1 Cooperation with Public ~gencies (Revised 7/5/00) A-J2 Maintenance of Services A-J3 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-J5 Excavation and Removals A-16 Disposal~Salvage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 ~tinority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inupcction Rcquircd (~cvi~cd 7/5/00) (NOT USED) A-24 Surety Bonds A 25 Ealca Tax E~cmption ~K) LONGER ;tPPLIC~m?~ (6/11/98) A-26 Supplemental Insurance Requirements A 27 Rcsponsibllity for D~magc Claims [NOT USED) A-28 Considerations for Contract Award and EKecution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-3] Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-35 City Water Facilities Special Requirements A-36 Other Submittals (Revised 9/18/00) A-B7 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Conq~ensation Coverage ior Building or Construction Projects Government Entities for A 39 Ccrtificatc of Occupancy and Final Acccptancc (NOT USED) A-40 Amendment to Section B 8-6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 ~ended Indemnification & Hold Harmless (9/98) A 44 Change Orders (4/26/99) A 45 As-Built Dimensions and Drawinqs (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions A-51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A-54 Security A-55 Access Roads A 56 Parking A-57 Noise Control A-58 Dust Control A-59 Temporary Drainage Provisions A-60 Dewatering A-61 Additional Time of Completion/Liquidated Damages Information Related to Corps of Engineers Permit PART PART PART TECHNICAL SPECIAL PROVISIONS B GENERAL PROVISIONS S 021010 021020 021080 022020 022022 022100 025205 025220 025404 025412 025424 025612 025802 O26202 026206 026210 026402 026404 026409 026411 026416 028020 028300 099020 FEDERAL MAGE RATES AND REQUIREMENTS ST~%ND/%RD SPECIFICATIONS - Project Signs - Site Clearing & Stripping - Removing Abandoned Structures - Excavation & Backfill for Utilities & Sewers - Trench Safety for Excavations - Select Material - Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement Flexible Base - Caliche - Asphalts, Oils and Emulsions Prime Coat (Asphalt Material Only) - Hot Mix Asphaltic Concrete Pavement (Class A) - Concrete Sidewalks and Driveways Temporary Traffic Controls During Construction Hydrostatic Testing of Pressure Systems Ductile Iron Pipe & Fittings PVC Pipe for Waterlines & San FM's-AWWA C900/C905 Waterlines Water Service Lines Tapping Sleeves and Tapping Valves Gate Valves for Waterlines Fire Hydrants Seeding - Fence Relocation Painting PART T T1-E12 Il] TI-E20[4] T2-B16 T2-B18 T2-G2712] T2-G34 T15-D814] TECHNICAL SPECIFICATIONS - CONSTRUCTION REQUIREMENTS WITHIN TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY - Storm Water Pollution Prevention - Installing Utility Conduits by Guided Boring - Ditch Cleaning and Shoulder Restoration - Adjustment of Utilities - HDPE Pipe and Fittings - Air Release Valves A~PENDIX ~A' - LIST OF D~GS NOTICE AG~m~a~ENT Permits 1. TxDOT Permits 2. Nueces County Permit 3. GLO Easement PROPOSAL/DISCLOSURE S TA',-~ENT PERFO~MANCE BOND t NOTICE TO BIDDERS Sealed proposals, addressed to the City of Cozq~us Christi, Texas for~ 16' DIA~u~'I~K WAIstLINE LOOp CONNECTIONS SEG%~ENT 'A'-WKBER RD., SEGMENT ~B'-CHAPMAN P~%NC"~ RD., SEGM]~T 'C'-OLD BROWNSVILLE RD., consists of installing 4,670 feet of 16" diameter PVC waterline along Weber Rd., 815 feet of 16" diameter PVC waterline along Chapman Ranch Rd, 1,116 feet of 16" diameter PVC waterline along Old Bro~,sville Rd. with sitework, excavation and backfilling, cormection to existing water raalns, pavement patching/repair, installing 444 feet of 18" ~PE across Oso Creek by directional drilling, fire hydrant assemblies, gate valves, air release valves, tapping sleeve and valve, pressure test station at Oso Creek and miscellaneous items of work required to complete project in accordance with pl~/]s, specifications and Contract Documents; will be received at the office of the City Secretary until 2:00 p.m. on Wed~ead~y April 27, 2005 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for April 12, 2005 beginning at 10:00 a.m. The pre bid meeting will convene at Utilities Building Conference Room, 5352 Ayers Street (corner of Holly Road a~d Service Center Drive) and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after (be meeting, if requested. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and pa~qnent bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated da~ges. 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 frown the City Engineer upon a deposit of One Hundred ~nd no/100 Dollars ($108.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the ContracSor 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, TEY~AS /s/ ~/%gel R. Eseohar, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/60 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised Seplember, 2000 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE 30-Day Notice of Cancellation mquirod on all MINIMUM INSURANCE COVERAGE Bodily I~ury and Property Damage Commercial General UabiJ~ incJudin0: 1. Co...ercial Form 2. Promises - Operations 3. Explosion and Co~lapse Hazard 4. Underground Hazard 5. ProduCts/Completed Operations Hazard 6. Conlmc~ual Insurance 7. Broad Form Properly Damage 8. Independen! Conlmclors 9. Pemortal Injury AUTOMOBILE LIABILITY--OVVNED NON-OWNED OR RENTED VVORKERS' COMPENSATION EMPLOYERS' LIAJ~IUTY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited Io sudden & accidental discharge; 1o include long-tern envimr~mental impact for !he disposal o[ contaminanls BUILDERS' RISK INSTALLATION FLOATER $2.,000,000 COMBINED SI~ UMIT $1,000,000 COMBINED SINGLE UMIT WHICH COMPUES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE UMrF $2,000,000 COMBINED SINGLE uMrr REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requimmenls -- REQUIRED _~ NOT REQUIRED See SecUon B--6-11 and Supplemental Insurance Requlremenls _ REQUIRED X NOT REQUIRED Page I of 2 OThe City of Corpus Chrtsfl must be named as an additio~tal In~ured oa all coverages except worker's compensation ~abili~ coverage. OThe name o~ ~ project musJ. be limed under "description of operations' on each certificate of Insmance. OFor each insurance cove[age, the Contractor shall oblaln an endorsement to tim appJicabie insurance policy, signed by the ir~surer, providing Ihe City with thlrb/(30) days pdor written noUce of cancelation of or mate~at change on any coverage. The Contractor shall ixovlde to Ihe Cib/ Ute other endorsements to Insurance policies or coverages which are spectrma in secben B-6-11 or Special Pn~sions seclion of the contract. A c~npieled "Disclosure of I~,.erest' must be submflted with your p~ol:~3sal. Page 2 ~ 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVEP, AGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or constl-uction project must be covered by worker's compensation insurance, authorized :~elf-insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries't'o the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period_ Motor carriers which are required to ~e~ister with the Texas Department of Transportation under Texas Civil t~tutes Article 6675c, and which provide accidental insurance _~erage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage_ The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which s attached and deemed incorporated into the project contract_ Please . ~te 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 is requiCed to submit to th~ City certificates of coverage for its employees and fbr all subcontractors and others providing services on the Project_ The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. 8/7/98 Ficle -vS. Part II. T£XAS WORJCE~' CO_.%IP£_'NSATION COMMISSION Chapter 110. REQUIiRED ~'OTIC£S OF COl/El:LA. GE Subchaprer B. EMPLO~_TR ~OTICES § 110.110 Reoo/~inz iqeauiremen~ for Building or Constr:c:ioa Projects for Governmental Entities (a) The folloWme words 2_qd .'.e:'rr~ when used in fi'ds ruie_ sh~ kzvc ,gag following meanings, units{, the conte;,a c: ~ea.rlv mmca:ez c:.'~ePaqse. : e.,'TV~ not oemaec m a~s r-'~e s,.v.21 have the. me..~'tmg de:m~ i the Te.x. ax L~or Code, ;-'-sa 6e~ne~_ (1) Certificate or cove~z~- ::enL0. ca:e:-A copy or - c~ ~c-z ....... ~nc~, a ce.qLficare cf au~ot to seix'-inxure !smed bv tin: ~..-7-missic"o- cra workers: ccmpep_~aucn c~vera~e azreement (TWCC- 1~ TWCC-$2, TWCC-$5, or ~%VCC-S4), show~-n~ s-=., rutorv workers' comaer~auon in.sure.ncc coverage, for the person's or end .~s em?ioyee= (including those subje~ :z a coverage z~-eement) prowding services on a project, 5ar the dm~afion or'the project. (2) Building or conswa~!an-b_-~ the memqi_~,_o de~qefi in the Te×~ Labor Code, § 406.096(e)(1). (3) Connac:er-A t>erson 3_tiJLqe For or awarded a buflciinz or aar=:;u~ion project by a governmenp.: entiu'. (4) Coverage-Workers' ccmoensation inlay_ncc meetLng the sta,-uto~ reouirements of thc Tex. a~ ~ ~ Labor Code, § 401.011(O). (5) Cove'~ee 2u:ree:2'f:z:-A-,,.zirte~ a~-eeme_-.t_ on £o~n TWCC-g':. form i3VCC-82, form x--WCC-$~, or form TWCC-84, filed vdm t_he Te-'c~ Worker~' Comoeaxation Commission wkich estab~hex rda~5.onshfp between the pm-nos for pt.uToses of the Texa~ Workers' Compensation Act, pur~'uznt the Texa~ Labor Code, Ckauter 406, Subc[laDt~ F v_nd G, as one of employer/ea~p[oyee and em. ablishes Who ~ be r~sp~le for provic~n~ worker~' compezxation covea-~ge for persons providing ser-v'ice~ on the projevt~. (6) Duration of'the project-!:'~ctudes '&,e time fi.om the be_~'lr:~_,2.g o/work on the project und. I the work on the proje~ ~ bees comoie:=d 2_nd zcce. ot=d by the eove.~__men£2-1 enfiLy. (7) Persons urovidine_ sep.'ic~s on the project t"kubcontr~cror" Lq } 406.096 of the Ac0-With the exception ot:persorts exz!ude~ under subsecuonx (h) and 6) of this secuon, includes all perSOna or entities pefformme aai or ev_q of the services the conu-actor hm undertaken to perform on the project reeardless ofwhe~her that re:son contracted directly with the contractor and reeardle.~_ of whether that pemon has emDlove:s.'C-Ss inciudes but is not iimited to inde:endent contractor~, gubc~ntracto~s, lea~ing com=~ies, motor cz_'~, ers, owner-oDerators,, employe~s o.~ any such entity, or employers of ' &ny entity fu,mishine persons io peWorm se.,wSces on the proje~ "Se.wices' includes but is not llmiv httu://ww~v sos stv.~e t7 ~'tac.'ag/II/l i0/B/110 110 htm. I wq~ ~ oe ~ (8) Preje~-Lnciudes the e:r',-~sion of~ll se-~aces ;:!area :o a budding or consrrac-,Jon contract [-or a O) Providing or causma to ~.e arovided a cerufica:e of coverage pursuant co :his rule is z represe.".a:Jcn by the imur:: :.hat ail employees e£Lhe insurea who ~re proxSding services on the proje~ a_-e c.~','ered by workers' compensation coverage, that the coverage is b~ed on proper reporting of c[z.sshScadon codes and payroll amoun:s, and that al! coven[re am-eemenrs have been 61ec with the ap?ropnate insurance carrier or. in the c_-~e or'a self-insured, with the commission's Division of Sek--Lqsurance Reguiatiom 9rovdding faJse or m/heading cemEcares ofcovei'age, or faiU,,g to prov/de or rT._amra.in required coverage, or failing [o re?orr any c?'22nge that m2£erially a-ffe-~.s the provision of covenge may rebjec'z the contractor or other person providing se.~rices on the project to adrmrJsn-zSve penalties, c.~-xina/penalties, civii pen,._itJes, or other ci;'ii actions. . (c) A gove*_T.:nta/endr,, £:zi enters into a buiiciL-.g or cons~uc-2cn contra~ on a proje~ smile 1) include m the bid specificz.-:orts, ~ the prov/siorts ofp~a_m2ph (7) of this subsecxion, using the language resulted by paa-a~aph (7) o£ th.is subset:don; (2) a~ pan ofl.he contract, using the language requked by paza_m~aph (7) of this subsec'~ork require the contra~or ro oerfon'n a recuired in subsection (d) oftNs section; (3) obtain ffem the corm-ac, ar a certificate of coverage for each person providing services on the prolog, prior m tha~ person begSnning work on the project; (4) obtain fi-em the contra~or a new cord:donee cfc. overage showing e:crcnsion of coverage: (A) before the end of the ct,Tent coverage period, g Lhe conwac:or's current ce.mificate of coverage shows that the coveraEe period ends during the duration of the project; and CB) no inter t'--_n seven days z_qer -the c.'cpkadon of the c_~veraze for each other person orovirling sewhces on the project whose current certificate shows that the c. overage Feriod ends during the dmdo~ of me projec-q (5) retain oolitic, ares ofcoverage on file for the duration of'the project and for three years there, after, (6) pro,nde a capy of the ce.nificates of coverage to the comrmssion uoon reoues~ and to an}' person entide2 to them by law; and (7) use the la~':==uzge comaine5 in the follow/ne Figure i for bid spectficauons and contra~s, without a_ny additions/words or changes, excem those reauired to accowanodate the soecitSc doc'ttment in which they a.~: contained or ro impose stricqer srznciazds ofdocum_,entarion: T28Sl10 110(c)(7) thl sos stare tx u~tac'2S/IJJ110/B/110 110 html ~**' ~ ot * 8/7/98 provide covera~: _c. ns emi.c, ¢-- :rovidm~ se~ic=s on a projeck _:ar-k, curauon o£th¢ prop :Led on UroDer reo~onnnx of ci2~s:f_zz'-'za codes z:'~d Ow, Ted ~:nounts~_-_zd z:::_2 of a.nv. coverage provide a certific, zre o£coverzz: _¢?'_cWmg workers' campe,':.sation coverage ro the governmentzJ entity prior ro be_~-.:-:g work or. 2ze ?:oje~; 5) provide ~.he gove.'v_z~ent,A end-':-.-, 7---'or to the end o£the coverage pe.~cd z dew ccrtificaxe of zoverage showing e.v.:nxion of cover!_=:, il the coverage Fee-Jori shown on .'Z':e contractor's current ::.,-tific.2te efc.overz~e e=ds du-'Z.~.z :':_e dtzration efuhe project obtain fi-om each person providing s:,,'vices on a project, and orovide :e ese governmental entity: a cemficate ofc_~verage, prior to mat eerson be_~nning work on the Froje~, so the goverm:nent~, _mury wiil have on file ce.~SS, c.r_tes of coverage showing cove~2ge For ali ee_'-sop~ providing services c~ proje~; ,3) no later than seven days a&er .-:::i?: by ~hc cont.ractor, a new cemfic.z:e c/coverage showing ::ctension or-coverage. Z~e cove~c,e ?nod shown on the cun-en£ cardficz:: c£coverage end': duri ibc durauon or-the project; (5) retam aJl required c:yaficz~es cf coverage on file for the dm-arian o/the projec~ and for one ye_az ;herons5 er_ (6) notify_ th~ govemmen:~ enfit7 Lu writing by certified mail or personal deUve-'y, within ten days the contrz~or knew or should have k~nown, of any change ttmt m, redally a~.ec~s the provision of coverage o£any person providing se,-v'ic.:s on thc project; (7) pos~ a nodce on each croiea ske inSorrninv_ ail oerson.s urovidin= servic=s on the project that they Frovid~ cover-age. This nouce does net satisfy other pomug requizements ;_=dosed by the Act or otb comrrfissiou rules_ This notice must be printed wuJa a ti-de in a.t lea~t 30 pont bold type and text in at least 19 point normal type, and xhMl be m both English end Spu,~i~h end any other 12.nguage common to the worker popuhZion The text for tbe noticc:s shMI he the following tex:~ provided by the commission on the sample notice, without any adctifional words or changes: i:LEQUIZFD WOIL.ICERS' COM:PENSATION COVER_AGE 'The law requizes that each person working on rhi; site or providing services re!deed to this cc,~tmcxion project mu~ oe coyote5 by workers' comoeasztion ir=-m-ance. T-.is includes persons providing, hauling, or deliverme eauie.~ent or material-s, or providing labor er tranzportation or other, se,w~c: related to the projecL r~dless of the iden~Jrv of their employer or s~zrus a5 an employee-" "CaLl the Texa~ Workers' Comper2ztion Corrmmssion at 512=140-3789 to rzceive information on the legal reouirement for coverage, to yetiS, whether your employer h~ provided [he requized coverage, cf to report an employers failure to provide coverage." ::x~:/~'o.,,.v-w sos.state rr us/tac/2S/TI/110/Eli 10.110 html v,~,, ~ ot -~ (A) ~ro'¢~de c. cvera=c :~:a on .... e .... c~x_~ o[ clansmen:aa.,.. Cones ~qa Dar'roil amounts ~nd fil.ing of the (B) prox(de a ce.~,~:: :: :cve:z~'z m r~_e co.-_:rz~or odor :o ';---, person beLpn.-~;*_g Work on the projem: ti3) provide the con:_~c:c:-. :~or :o :he end c(i';: coverage rep_od, a p_ew :e.qZfic..z:: or-coverage showing e_'cte~ion o£coverage. ;_'-the core,ge ?e.dod shou,,n on the c"~rrent c¢.'-d.Sc.z:e of covenge ends d 'mdng Lhe durzdcn .?.:-;-he project: ' - obtain, from ezcn cdqer :::son -.,.4th whom J: contrac:s_ :_-d =::vide re the con:rat:or: ti) a ca:~mScate of cove;as:. _~.dor :o doe eszer ?e_~on be_mn_-L"_g'work en the oroie~: -nd (-ti) poor to the end of the coverzg: po.dod_ ~ :ow ce.intricate c£ coverage showing e.r:::'.sion of the coverage pedoc[ gthe ccv.erz~e ?¢noci skown on the cage_--_: cz.~.LScat: o/'coverage er. ds during d',e dur-at/oo o£the projez; ' ' ~,= .... - v r- file ['or the duration of the proie~ a_nd for one year (F) re'-~n all reatme: c ....... so[ co e ~e cn . there-z_'kea (G) norSfy, the goverrwa=.':.:~ entity in wrir_i.ng by ceruzSed mai/or persona/dehvery, vdd-fin ten days aft~ me person knew or shouid hzve kncwrt or'any chzng~ d".z~ ma[eri'-ilv a_fi-ects ~e ~rovisian of core,ge of any person aro,~dinv sen"~c:s on the project4 (IT) coaumcrually rectm-e ~ch other yemen wifa whom ~r ccau-a~s, ~o aerform~as _.-e~mo/red by subpaxo_m-zphs (A)-(h-) o£ d-tis paszDr~ph with the c:r'ctficz:: zfcovcm_*e to be prey/dod to the person for whom they are prey/ding seiMces. (e) A person providing sermoe_~ on a project other than a c-.-3nrrz~or, shzlh (1) provide coverage/or irs employers pro'c/ding ser~cas on a project _"or the durz_fion of the project ba~ed on proper reaordng o£clzzsUScadon codes ~nd payroiJ mounts ~nd filing o£any coverage a~eem:ms; (2) pro'ride z ccrtfficate ct-coverage ~s required by its conrrac: :a provide se. vices or. ~e projec-:, pdor 'to be mnning~ work cn ~he proj'e-~t,' (3) have the fo[lowing lan~mage in i~ contract to provide se,~ces on the project: "By signing this contra~ or providing or causing to be provided a cerdJSca[e or-c. average, the person signing comrac: is representing m the goverr~nen[aJ entity that all e.m. pioyees o£the person si_~ming th.is contrzc: who w41 prowde se:',qces an the proj~t w~ll be Covered by workers' comoensadon coverage ~' .... ,,,,-,,-,~ ¢,~* *,are 'ex us~tac/2$/lI/1 10/13/1 10 I 10 hLrnl u,,,~.=,~ ;~/:]l'~e~ 8/7191 (4) provide the person for whom it is providing services on the ?roje~ prior to the end of the coverage pe~od shown on ks currem cem~c.z~ ofcoverz_--e, z new cem.~cae showing c~en~ioo o£ coverage, ii-the cove2ge period shown or, the cer-,ificate c£ coverage ends durbg zhe durazion o£the proje~; (5) obtain ~om each Ferson promdLng services on z proje% ~nder conu~ct to it, and provide as required by its conL~aC:.: (A) a cz.,-dfica~e o/-coverage, Fr/or to the other person beE-inrtiz:g work on the project; and 03) pr/or to the end of the coverage period, z new cermicaze of coverage showing exrermon of the core.ge period, if the coverage period shown on the c.~'wem c~mfic, z:e o£covera[ze ends during the d ,u.~fion or-the (6) retain all reauized cermScates o£coverage or, file for th: dm-orlon o£ the project and for one year therw--~e.5 (7) noti-,q/the governmental entity in writing by certified mail or personal denver, of ~..uy cM.nge that materi.-ll¥ art-cc-ts the provision o£coverage o£aziy person providing services on the project and send the notice wit :hi.a tea days a_Fi, er tZqe person k~ew or should have known of the cb2.nge; and (8) contraczuaily restore each other person with whom it contracts to: (A) provide covem~ze ba~ed on proper re=orting of classification codes and payroll mounts and filing of aztv coverage oraTe:merits/'or all of its ~.m_ =loyees providing se.r'vices on the project, for the duration of-the proj cc'r; 03) provide a cemficzre of coverage ro it prior to that other person begkming work om the project; (C) include in all contraczs to provide services on the project the language in pa.ra-m'aph (:3) of~hiq subsection4 (D) provide, prior to the end of the coverage period, a new cerri.ficate of coverage shov.qng e_.rtension of the cove~g_e period, il-the coverage peN-od shown on the current certifica£e of coverage ends duri.n= Lqe duration c£the project; (E) obtain from each other person under contract to it to pro'.nde~ sermces on the project, and pro'nde as re,u/red by its conu~ct: (i) a cemficate of coverage, prior to the other person begim.2ng work on the projec:; z.nd (Li) prior m the end of the coverage period, a new certificate of coverage showing_ ex-re_n.sion of'the coverage period, if the coverage period shown on the current certificate of coverage ends dUnng the 8/71 sos state.~ u~tac./28/ll/l IO/'B/110 I IO.hrml .o'rtc£ ~o co.r~,,cro-s - ~ ~.T) re:am a.i required cs.~zr.-::s o£cc','era_oe cra. gie for the durauon ce-eSe aroje~ z_nd for one ye~ (G) noun' the 2overturn. re_rat :.':5:',' m v,~rmg ~.~- ce_-dried mail or perscr.,i de,very_, w/Thin ten diys ager the person kmew or should b,--ve }mown, or-any chan=e that mzte:n.--ilv arTec'cs the provision of coverage or-any person _:rov~cm~ng sep,'ices on the proje~; iH) contractually reouu-e :ac,:: :erson w/th whom it contracts, to peffc_wn a~ rem.fired by this suboara~aph and subpara~aphs (A)-(G) of th~s pa.raD-aph, vnth the ce.'-'dficate of coverage to be orovided to ~he person for whom ~ev a_re nroviding se. vices. (0 ii- a~y provision of th_is r~'ie or :ts aFp[icafion to any person or cb-c'a_.~.xrance is held invalid, the invalidity, does not affe~ other provisions or appiicadorm of this ruie ti~4 can be Dven effect w/thout the invalid provision or application, a,'a.d to ttris end tl',e provisions o~'th-'s rule ~e dec!areal to be sever~Jole_ (g) Tiffs rule is ar~uiicabie :St buddin= cr cons-wuc-,5on canua~s adve:~msed for bid by a governmental endry on or after September i. ~994 ~'-is mie is aisc apo[icabie for tie. nsc builcii.ug or conxtructioa conu-ac-cs entered into on or after Seotember !. 1994~wifich are not re:u/red by law to be advertised forbid. (h) The coverage reouircmenr Lq th.is ride does not auply to motor czrr:,,e:s who are required pttrxuint to Texas Ci,ai Statutes, Article 6675c, to re_roster with the Texas De?tnmem of Trasmportarion and who provide accidental ir~mr~ce cov?-age pursuant ta Texxs Civil S~mtes, .Article 6675c, § 4(5)- (i) The coverage requirement in th/s vale does not apply to sole proprietors, partners, and corponate officers who meet the reou. irements of the Ack § 406.097(c), and who are explicitly excluded fi-om coverage in accor~nc.e w/th the Act, § 406 097(a) (as added by House Bill 1089, 74th Legblam.re, 1995, § 1.20). ~ s'ubsec-aon av~lies only to sole proprietors, partners, and corporate executive officers who arc excluded fi.om ~_x~verzge in an mxu-rancc pohc7 or ce."miczte of authority to setf'-insttre that is dehver~ issued for deiive~.', or renewed on or after Jznuan, 1, 1996 Source: The provisio~ of th. is § 110. i 10 adopted to be effective September 1, 1994, 19 TexKeg 5715; amended to be left ~ecfive November 6, 1995, 20 Tex_Reg 8609. Return to Sect/on Indez SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL pROVISIOnS A-1 TL~e and Place of P,e,-e/ring Proposals/Pre-Bid ~eeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project_ Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m_, Wechae~day, A~ril 27, 2005. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL- 16" DI~TERMAXERLINE LOOp CO~ECTI(~NS SEGmenT ~A'- WEBER RD_, ~ '~'-C~AI~4AN RANCH RD., SE~NT 'C'- OLD B~0WNSV]~R ~. A pre-bid meeting is scheduled for April 12, 2005 beginning at 10:00 a.m_ The pre- bid meeting will convene at Utilities ~u_~l~{ng Coufer~nc~ R~om, 5352 Ayers Street (corner of Holly l~=ad and Sexwice o~-t~r Drive) and will be conducted by the City of Corpus Christi. The meeting will include a review of the project s~T-~, a question and answer session_ A site visit will follow after the meeting, if requested_ No additional or separate visitations will be conducted by the City_ A-2 Definitions and A~breviations Section B 1 of the General Provisions will govern. A-3 Description of Project This project consists of installing 4,670 feet of 16" diameter PVC waterline along Weber Rd., 815 feet of 16" diameter PVC waterline along Chapman Ranch Rd. 1,116 feet of 16" diameter PVC waterline along Old Brownsville Rd_ with sitework, excavation add backfilling, connection Lo existing water mains, pavement patching/repair, ~nsLalling 444 feet of 18" HDPE across Oso Creek by directional drillIng, fire hydrant asserablies, gate valves, air release valves, tapping sleeve and valve, pressure test station at Oso Creek and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents_ A-4 Method of Award The bids will be evaluated based on the Total D-~.e Bid, subject to the availability of funds. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. E~lanation of Measurement and Payment Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insuraoce required by the Contract Documents. One hundred percent of this item will be due on the first approued monthly pay estimate_ Contractor shall provide document to show cost incurred_ Section A - sP Water Main Pipe: Water pipe will be measured by the linear foot of pipe for each size and type installed, regardless of the depth. Measurement will be made horizontally along the centerline of pipe trom center to center of fitting. This item includes but is not limited to the following work: a. Trench Excavation, including removing and disposing of existing suitable and unsuitable soil, pavement, etc b. Furnishing and installing pipe (ductile iron pipe to be wrapped in, polyethylene), concrete thrust blocking as specified in the plans and specifications and any other items required to complete the water system improvements in accordance with the Contract Documents that are not measured and paid for under another bid item_ c. Making any connections to existing lines as required to co~lete the water system i~korovements ready for use. d. Placing and compacting ecdpedment and trench backfill (including furnishing the select bedding material)_ e. Grading and cleaning up of pipe trench and affected area. f. Repairing caliche and/or gravel driveways and roads. g. Furnishing any dewatering required to keep the excavation dry_ h. Hydrostatic testing, sterilizing, dechlorinating and flushing of completed line_ i. Restraining 3oints as called for in the plans and tecbJlical specifications. j. Furnish restoration of property of all disturbed areas, including seeding, as specified in the contract dockh~ents. k. Furnish stormwater pollution control as specified in the contract documents_ 1. Pre-construction exploratory construction per Special Provision A-47_ m- Protection of existing utilities during construction, including temporary supports and rerouting if necessary. n. Demolition and removal of aboYe ground and below ground i~lprovements within permanent easement according to Local, State and Federal regulations_ o. Loading, hauling and unloading suitable excess material removed from the trench excavation to the City's property at the J. C. Elliot Landfill site (suitable excess material becomes the City's property. The C~¢ner shall decide what is suitable excess material)_ Providing final grading of stockpiled material to provide smooth grades and with maximum side slobs of 1 foot vertical to 4 foot horizontal. Unsuitable and unwanted material, as dete~n~ined by the Owner, shall be removed per Special Provision A-16. p_ Furnishing and installing ~12 copper coated wire along top of PVC pipe in TxDOT ROW. Water Pipe Fittings (including tapping sleeves, plugs and blind flanges): This item will be measured by each individual fitting for each size and type listed on the Proposal. This item includes but is not limited to the following work: a. Trench excavation, including removing and disposing of existing unsuitable soil, pavement, etc b. Furnishing and installing the fitting (fittings to be wrapped in polyethylene). c. Restraining joints as called for in the plans and specifications_ d. Include the cost of furnishing and installing any adapte~, tap, blow-off valve or special fitting required to complete the installation ready for use in the appropriate bid item. e- Placing and compacting backfill (including furnishing the select bedding m~terial)_ ~. Grading and cleaning up of pipe trench and affected area. g. Furnishing and installing restraining joints on all fittings. h. Furnishing any dewatering required to keep the excavation dry. Valves and Boxes~ ~hi$ item shall be measured by each individual valve of the size and type installed. This item included but is not limited to the following work: a. Furnishing and installing valves as called for on the drawings and specified herein Section A - SP (Revised 9/18/00) Page 2 of 28 b. Furnishing and installing boxes with covers as called for on the drawings and specified herein_ Top of the boxes shall match the finished grade. c. Furnishing and installing a concrete pad under each valve. d. Furnishing and installing gaskets and restraining joints on all MJ gate valves. e. Placing and compacting backiill (including furnishing the select bedding material) f. Grading and cleaning up of pipe trench and affected area- g. Furnishing any dewatering required to keep the excavation dry_ Air Release Chamberz This item shall be measured by each individual installation. This item includes, but is not limited to, the following work: a- Furnishing and installing transmission main taps, valves, miscellaneous piping, vents, manholes, and guard posts (other than the number listed in the Bid Proposal)required to complete the installation in accordance with the contract documents that are not measured and paid for under another bid item_ b- Top of chambers and valve boxes shall match the finished grade, unless shown otherwise on the plans. c. Grading and cleaning up of installation and affected area_ 18" HDPE Oso Creek Crossing: This item will be measured as a Lump Sum for the nan Creek crossing by directional boring techniques. This item includes, but is not limited to, the following work: a. Provide all equipment and labor necessary to install 18" diameter HDPE (SD~-ll) water main by directional boring under Oso Creek as shown on the plans. b. Site preparation and access for drilling and ancillary equipment. c Trench and bore pit excavation, including removing and disposing of existing unsuitable soil, pavement, etc- d. Furnishing and installing pipe valves and fittings (all pipe, fittings and surface appurtenances, including carrier pipe, between Sta. 27+77_50 to Sta. 32+31_50 shall be subsidiary to this bid item)- e_ Furnishing and installing pipe and fittings necessary to connect each end of crossing pipe to the 16" diameter PVC transmission main. f. Furnishing and installing any wyes, reducers, isolation valves, air release and sample chambers, access manways, pipe anchors, guard posts, special fittings and backfill required to complete the contract documents that are not measured and paid for under another bid item_ g. Placing and compacting backfill (including furnishing the select bedding material) to the finish grade shown on the plans. h_ Grading and cleaning up of nan Creek crossing and affected area_ i. Providing water for drilling and construction_ j_ Disposing of drilling fluid according to rules and regulations of applicable Local, State and Federal agencies. Guard Posts and Metal Post with Signs: This item will be measured by each individual installation_ includes, but is not limited to, the following work: a. Furnishing and installing post, concrete, sign and paint This item required to complete the installation in accordance to the contract documents that are not measured and paid for under another bid item_ Note that guard pests and signs required for air release chambers are paid for under those bid items. b The signs shall be located at each point where the waterline intersects a property line, at beginning and end of waterline and at maximum 700 feet intervals. c- Top of concrete footing shall match the finished grade, unless sho~n otherwise on the plans_ d Grading and cleaning up of installation and affected area_ e_ Concrete poured inside guard post shall be domed for drainage and shall have a smooth finish_ Section A (Revised ~age 3 of 28 'French Safety: This item will be measured by the linear foot for all trenches and shall include the cost to provide trench safety as set out in Standard Specification Section 022022 Trench Safety for Excavations. 10 Pressure Test Station: This item will be measured as a Lump Sum for the pressure test station as shown on the plans_ This item includes, but is not limited to, the following work: a_ Trench excavation, including removing and disposing of existing tnnsuitable soil, pavement, etc_ b. Furnishing and installing the pipe, valves, tapping saddle, valve box and fittings to complete the installation (fittings to be wrapped in polyethylene). c. Placing and compacting backfill (Including furnishing the select bedding material). d. Furnishing and installing concrete platting and bollard. e. Grading and cleaning up of pipe trench and affected area. f. Furnishing any dewatering required to keep the excavation dry. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance. 11. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsickiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item_ A-5 Items t~ be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond ~ust referenc~ Pro]~t Name as identified in the Proposal) (A c~-hier's Check, ~ertified check, money or.er or ~n¥ dr~t fro~ any Stat~ or Nat~ona/ Bank will also be acceptable_ ) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion of each item shown below_ The project has been divided into phases. Time duration for construction is allocated for each item and if the work in that item is not complete as shown below, liquidated damages will be assessed for each day the work is delayed_ A penalty in the amount of $ 500.00 ~ r~]~ day will be assessed against the contractor as liquidated damages. Ti~e duration for e~c-h ite~ is not transferable. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. Start of Phn~e chargetime is initiated bymove-'~n of equipment to that ~rea. The working time for completion of the entire Project will be 180 Calendar Days. Each phase of the Project shall be completed within the number of calendar days allocated as describe in the following; Section A - SP (Revised 9/18/00) Page 4 of 28 Phase I: Segment C - Old Brownsville Rd. 60 c~len~v Days Phase II; Segments A - Weber Rd 80 Ca, eDgar Days Phase Ill. Segments B - Chapman Ranch Rd_ 30 Calendar Days Phase IV - Contract Closure 10 Calend~r Days Phase I shall be started first. All segmenFs may be started and have construction performed concurrently. TlmQ ~uration for each item ~s not transferable. Days Allocation for ~in The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by'the National Weather Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days Nove~Der 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 180 c~e~ Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above_ After Contract Award and pre construction meeting is held, the Contractor shall co~ence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed_ For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work F-~]R EAC~ PHASE or after such time period as extended pursuant to other provisions of this Contract, $500 ~ ~1~_~ Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 Workers Co~er~satiom I~uxance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perforl~ 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 Prelect until the date replacement workers' compensation ~nsurance 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 Section A - SP 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 ethers to work on the Project unless all such individuals working on the Project are covered by workers' conkoensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 ;~-knowleckjment of ~ncLa 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. A-10 Wag~ Pates (Revised 7/5/00) Labor preference and wage rates for f~aav~ constructio~ shall apply. W~nen conflict in wage rates, the higher of the rates shall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in l~art C- The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, worsen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, er portion thereof, for each laborer, wor~n, or mechanic e~loyed, if such person · s 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 documents will also be submitted to the City Engineer bi-weekly- (See section for Minority/Minority Business Enterprise ParticipatiOn Policy for additional requirements concerning the proper form and content of the payroll submittals_) One and one-half (]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-l-l, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Coop~ratlon with Public A~encies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project_ The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1-800-828-5127_ For the Contractor's convenience, the following telephone numbers are listed_ City Engineer Project Engineer 880-3500 880 3500 Section A - SP (Revised 9/18/00) Page 6 of 28 Urban Engineering-Mark Marone¥ Traffic Engineer Police Department Water Division ~astewater Services Division Gas Division 885-6900 Storm Water Parks & Recreation Solid Waste Services Central Power & Light Co_ Southwestern Bell Telephone Co_ City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) F/4C (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) A-12 Maintenance of Services 854-3101 880-3540 882-1911 857-1880 (880-3140 after hours) 857 1818 (880-3140 after hours) (885-6900 after hours) 857-1881 (880-3140 after hours) 880 3461 857-1970 299-4833 (693-9444 after hours) 881 2511 (1-800-824-4424, after hours) 857 1946 857-5000 887 9200 813-1124 881-5767 512/935-0958 857-1960 (857-5060 after hours) (Pager 800-724-3624) (Pager 888-204-1679) (Pager 850-2981) (Mobile) 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 undergrouund utilities, etc_ However, t_he accuracy and co~toleten~ss of such infozmation is not ~rant~e~. It is the C~ntractor's sole and complete responsibility to locate such underground f<~atures sufficiently in advance of his operations to preclude d~maging the existing iacilities_ 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 show~ in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. Ail such repairs must conform to the requirements of the company or agency that owns the utilities_ Where existing sewers are encountered and are interfered with (i_e. broken, cut, etc.), flow must be maintained_ Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory out]et, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, ba~led or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor A-13 ~rea 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. Ail weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather_ The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor w~ll be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but · $ not limited to, working driveways in half widths, construction of temporary Section A SP (Revised 9/1§/00) Page 7 of 28 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_ A-14 Co~truction Equipment Spillage and Tracking 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_ A-15 Excavation and R~movals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean' dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Ail existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted_ All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for 'Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of ~m~ials Un~u~le Exccso excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor_ Sui+-~le ~at~ria_~ not used in backfill, sh~]l become the property of the City and shall ~e ~uauled off and disposed of by the Contractor at the d J. C_ Elliot T~-dfill. A-17 Field Offic~ The Contractor must furnish the City Engineer or his representative with a field office at the construction site_ The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor_ There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion of each item shown below_ The project has been divided into phases_ Time duration for construction is allocated for each item and if the work in that item is not complete as shown below, liquidated damages will be assessed for each day the work is delayed_ A penalty in the amount of $ 500_00 per c~lendar day will be assessed against the contractor as liquidated damages. Tame duration for emch ite~ is not transferable. Section A - SP (Rev~aed 9/18/00) Pa~e 8 of 28 Completion shall be based on satisfactory work, completed, in accordance with the plan, speciflcatlons, and contract documents and accepted by the City. Start of Phase chargetim~ is initiated by love-in of equipment to that area. The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project and broken down into c~nstruction of each phase- This plan must detail the schedule of work for each p%~ase of c~nstruction and shall be structured to meet all the requirements of Section A-6 ~Time of ~-~.letion" and must be submitted to the City Engineer at least three (3] working days prior to the pre-construction meeting. The Contractor to furnish Construction Sch~du/e for the following Items Phase Iz Segment C - Old Brownsville Rd. 60 c~len~r Days Complete approx. 1,116 feet of 16" diameter PVC waterline, test, disinfect and make tie in to existing pipes_ Phase II: Segments A - Weber Rd_ 80 C~al~m~ Days Complete approx. 4,670 feet of 16" diameter PVC waterline, test, disinfect and make tie-in to existing pipes. Phase III: Segments B - Chapman Ranch Rd. 30 Calen~ Days Complete approx_ 815 feet of 16" diameter PVC waterline, test, disinfect and make tl~-in to existing pipes_ Phase IV - Contrsct Closuxe 10 C~en~ Days ?,~v]de all close out documents required for City acceptance_ Phase I shall be started first. Ail segments may be started and have construction performed concurrently. The plan must also indicate the schedule of the following work items: Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an ~nitial Construction Progress Schedule for review_ Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. Submittal Dates: Indicate submittal dates required for all su~ttals for t~ entire project. 4. Re Submission: Revise and resubmit as required by the City Engineer. O~oe a ~onth Update: Su~mit U~dat~d Constr~ction l)rogr~ss Sc/~fule to show acttLal pro~&~ss of each stage b~ ~er~tage ag-ainst ~%itial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: The schedule of construction shall be structured to meet all recp/irements of Section A-6 "Time of Completion" and as noted above_ The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner ~s having other work done, e~ther by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the (h~ner will be harmonized_ Section A - SP (Revised 9/18/00) Page 9 of 28 Traffic control is essential to maintaining public safety and flow of traffic. Contractor shall be aware of other construction projects occurring in the ar~a, such as the Southside Water Transmission Main Phases 4 and 4]% and Yorktown Boulevard / Lake Travis Drive - Weber Road Improvements, and coordinate scheduling, traffic control, maintenance of services and street access with the other Contractors_ Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the contract. A-19 Construction Project Layout and Control The drawings may depict but not necessarily include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Ma]o[ controls and two (2) bench marks required for project layout will be provided by the City or Consultant Project Engineer_ The Contractor will furnish all lines, slopes and measurements for control of the work_ If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation_ If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings_ Thc Contractor uhall tic in or rcfcrcncc all valvcn and manholes, both cKisting and proposcd, for thc purposc of adjusting val¥cs and manholcs at thc complction of thc paving proccss. Also, thc City or Consultant Projcct Englnccr may rcquirc that thc Contractor furnish a maKimum of t%;o (2) pcrsonncl for thc purposc of assisting thc mcasuring of thc complctcd work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor (R_P_L_S_) licensed in the State of TeKas retained and paid by the Contractor_ The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Ail curb rcturns at point of tangcnc~oint of circumfcrcncc Curb and guttcr flow linc both uidcs of strcct on a 200' intcrval gtrcct crowns on a 200' intcrval and at all intcrscctions. Ail rim/invcrt clcvationu at manholcs Ail intcroccting lincs in manholcu Casing clcwations (top of pipc and flow linc) (TKDOT and IIR pcrmito) Water: All top of valve boxes Valve vaults rim Casing elevations (top of Ripe and flow line) (TxDOT and RR permits)_ Section A SP (Revised 9/18/00) Page 10 of 28 Eto~m Watcr: Ail rlm/invcrt clcwations at manholcs All intcrsccting lincu in manhelcs Casing clcvations (top of pipc and flow linc) (T×DOT and gR pcrmits). A-20 Testing and Certifioation All tests required under this item must be done by a recognized t~sting laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City_ In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor_ SCHEDULE OF TESTING BY THE CITY: Embedment, Fill and Backfill Laboratory Testing: (1) Gradation ................................... 4 Ea. (21 Moisture-Density Relationship ............... 5 Ea. (3) In-Place Density Tests ...................... 200 Ea. 2_ Flcxihlc Ba~c Coursc {8cc Eubecction 025220~ Laboratory Tcsting: (1) }{oigturc Dcnuity Rclation~hip Proctor Curvc) .............................. -- (2~ In Placc Dcnsity Toots ...................... 15 Ea_ [lot ~{ix Asphaltic Concrctc Pavcmont (Ecc Eubscction 02512~) Laboratory Tooting: (1) E~traction Tcot ............................. 1 Ea. (2) Stability and Laboratory Dcnsity ............ 1 Ea. (3) Ficld Dcnsity .............................. 20 Ea. SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples_ A/rangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner_ The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling_ Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption When testin~ activities, including sankoling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer_ Contractor shall give appropriate written notice to Engineer not less than 10 days before offs~te inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties_ The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. Page 11 of 28 The Contractor must provide all applicable certifications to the Engineer Consultant_ A-21 Proj~t Signs 'fhe Contractor must furnish and install two (2) Project signs as indicated in Section 021010 of the Standard Specifications_ The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the Engineer Consultant. A-22 ~tinority/l~inority B%tsiness Entezl~rise ~a~ticip~tion Policy (Revised 10/9B) ]- 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. Itl accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise_ 2. Definitions Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract_ Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s)_ Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities_ Minority person(s) must collectively own, operate and/or actively m~nage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority 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). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise_ Section A - SP (Revised 9/18/00) Page 12 of 28 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 xn the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For exaraple, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50_0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture_ Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority P~ticipation Minority B~ai/%ese E~t~rprise (P~reent) Participation (Percent) 45% 15% These goals are applicable to ail the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer- The Contractor shall make bi-weekly payroll submittals to the City Engineer_ The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved_ The City Engineer may withhold monthly or final payments tn the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT USED) Thc Contractor shall assure thc appropriate building inspections by thc Building Inupcction Division at thc various intervals of %;ork for %~hich a permit io rcquircd a~u] to assure a final ins~>cction after the building is oomplctcd and ready for o~cupancy. Contractor must obtain thc Ccrtificatc of Occupancy, %~hcn applicable. ~e~on B 6 2 of thc General Provisions is hereby amcndcd in that thc Contractor m+]!~-pay all fcco and charges levied by thc City's Building Inspection Dcpartmcnt, Section A - SP (Revised 9/18700) Pa~e 13 of 28 and all other City fccg, including $*atcr/~aotc~atcr rector fees and tap fccs as required by City_ A-24 Surety Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City_ All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas_ The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued_' A-25 Sa_les Tax Exemption (NOT USED) Ecction B 6 22, Tax Exemption Provision, iu deleted in its entirety and thc follow,lng substituted in lieu thereof. Contracts for improvements to real property a~ardcd by thc City of Corpus Christi do not qualify for exemptions of gales, Excise, and Usc Taxes unless thc Contracto~ elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 3~, Public Financc of thc Texas Administrative Code, or ouch othcr rulco or regulations au may bc promulgated by thc Comptroller of Public Accounts of Texas. If the Contractor elects to operate under a ocparatcd contract, hc shall: 1. Obtain thc necessary sales tax permits from thc State Comptroller. Identify in thc appropriate space on thc "Etatcmcnt of Matcrialo and Other Charges" in thc proposal form thc coot of materials physically incorporated into thc Project. 3. Provide resale certificates to suppliers. I'rovidc thc City %;ith copies of material invoices Lo 0ubstantiatc thc proposal value of materials_ If thc Contractor docs not elect to operate under a ocparatcd contract, hc must pay for all gales, E~£cioc, and Usc Taxco applicable to thio Project. Subcontractors arc cligiblc for sales tax cKcmptionu if thc subcontractor also complies %;ith thc above requirements. Thc Contractor must issue a rcualc Section A - SP (Revised 9/18/00) Page 14 of 28 ecrtificatc to thc subcontractor and thc subcontractor, in turn, issues a resale (3crtificatc to his supplier. A-26 Supple~en~nl I~suranc~ R~quire~ents F()r 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: Name: C,ty of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P_O. Box 9277 Corpus Christi, Texas 78469-9277 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. With,n thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's co~pensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract_ For each insurance coverage provided in accordance with Section B-6 11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage_ For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expresses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract_ The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any ~>erson indemnified hereunder- A-27 P~sponsibility for Damage Clm~mS (NOT USED) Paragraph (a) Ccncral Liability of Ecction B 6 11 of thc Ccncral Provi0ions is amended to include: Contractor must provide Professional ~llution Liability/En¥ironm~al I~l~i~---nt insurance coverage for thc tcrm of thc Contract up to and includ/ng thc datc thc city finally accepts thc Project or ~ork. Contractor must pay all costs necessary to procure ouch inourancc co¥cragc~ including any deductible. Thc City must bc named additional insured on any policlcs providing ouch insurance coverage. Section A - SP (Revised 9/18/00) Page 15 of 28 A-28 Considerations for Contract Award ~nd 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 may reqsire a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years_ The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the 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. A-29 Contr&ct~r's Field Adminlstratiom Staff The Contractor shall employ for this Project, as its field ac~inistration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer_ The criteria upon which the City Engineer makes this determination may include the following: The superintendent must have at least five (5) years recent e×perience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project_ This experience must include, but is not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures_ The superintendent shall be present, on the job site, at all times that work is being performed. Foreman, if utilized, shall have at least fim~e (5) ye~s recent experience in similar work and be subordinate to the superintendent_ Foreman cannot act as superintendent without prior written approval from the City_ Documentation concerning these requirements will be reviewed by the City Engineer_ The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project_ Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project_ If such approval is not obtained, the award may be rescinded_ Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concernIng any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13 Page 16 of 18 A-30 A~ended "Consideration of Contract" Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 COnsideration of Contract add the following teKt: Within five (5) working days following the public opening and reading of the p,oposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1_ A list of the major components of the work; 2 A list of the products to be incorporated into the Project; A schedule of values which specifies estimates of the cost for each major component of the work; schedule of anticipated monthly payments for the Project duration. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE fir~s meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, Lhat a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project_ If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award_ In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the terTa 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 k~ given if the replacement oC the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with th/s provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; A preliminary progress schedule indicating relationships between the major components of the work_ The final progress schedule must ~ submitted to the City Engineer at the pre-construction conference; Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Achninistration Staff. 9. Documentation as required by Special Provision A 35-K, if applicable. 10. Within five (5) clays following bid opening, su~it in letter for~, i~foz~tion identifying type of entit~y and state, i_e_, Texas (or other state) Corporation or Part~ae~$hip, and ~(~) ~Title(s) of i~cliv~i~](s) aut~t-i~ltO~l~te contracts on k. ahalf of said ~tity. Section A - SP (Revised 9/18/00) Page 17 of 28 A-31 A~end~d Policy on Extra Work ~n~ ch~.ge Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8__- 8-5 Policy on Extra Work and Change Orders the present teKt 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 m~y authorize change eiders 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_ A-32 A~ended "Execution of Contx~ct" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, includ/ng for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Oanditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project_ Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend thc ?~ Bid ~eti~g z~xf~ ~ in ~i~_l l~rowiBien A 1- A-34 Pr~(~-~e of Contract Documents In case of conflict in the Contract doc~nnents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requir~ents A. visitor/Contractor Oricntation Prior to pc:forming %~ork at any City ~;atcr facility, thc Contractor, uubcontractoro~ and each cf their c~ployccs must have on their pcruon a valid card certifying their prior attendance at a Visitor/Contractor Eafcty Oricntation Program conducted by thc City Watcr Dcpartmcnt Personnel- A Visitor/Contractor Safety Orientation Program %;ill bc offered by authorized City Water Department personnel for those person0 ~;ho do not have ouch a card~ and ~ho desire to pc:form any %;ork %~ithin any City %;atcr facility, For additional information refer to Attachment 1. Section A - SP (Revised 9/18/00) Page 18 of 28 C Operation of City-Owned Equilu~ent The Contractor shall not etart, operate, or stop any p~, ~otor, valve, equipment, switch, br~or, control, or any other ite~ rolar~ to City water facility at any t~. All such items ~nst bo operated by an operator or other authorized maintenance employee of the City Water Department. Protection of Water ~,~l it-/ The City must deliver water of drinking quality to its customers at all tLmes. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water_ Conformity with AI~SI/NSF Standard 61 Ail materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of p~umps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such ~aterials include all solvent~, oleaners, lubri~-ts, gaskets, thread cc~ounds, coatings, or hydraulic equl~mt. Thos~ it~aa ~ust not bo used unless they coufor~ w~th ANSI/NSF Stan-4~d 61 .n,-I un/ess such items ar~ in~pocted on the site by authorized City p~rsoz~el i~diat~ly prior to use_ The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water_ and Dispose/ of Tr~ah Ail trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. Co~traotor~o personnel must wear colored uniform overalls other than orange, blue, or ~;hitc. ~ch and inWividu~l c~ploy~o idQntifi~tion. Contractor shall provide telephones for Contractor pcruonncl, Plant tol~phonoo ~o not available for Cont~aoto~ uoo~ Working hours %~ill bc 7:00 A.H. to 5100 P.H_, Honday thru Friday_ Contractor must not usc any City facility rcotroomo. Contractor must provide o%~ sanitary facilities_ ;%/1 Contractor vehicles must bc parked at designated site, a0 designated by City Water Department otaff_ All Contractor vchiolco muot bc clearly labeled ~;ith co~apany name. No private employee ¥chiclco arc allo%~cd at O. H. Stcvcno Water Treatment Plant. All pcroonncl must bc in company vehicles. During %~orking hours, contractor cmploycco muot not lcaYe thc deoignatcd conotruction area nor ~andcr through any buildings other than for required %~ork or as directed by City Water Department personnel during emergency evacuation_ section A - SP (Revised 9/18/00) Page 19 o~ 28 A-36 Contractor Qualifications gCADA (gUP~RVIgORY CO}ITROL A}ID DATA ACQUISITION) Any %~ork to lhc computer bascd monitoring and control system must bc ~crformcd only by qualified technical and supervisory pcroonncl, as dctcrmincd by meeting thc qualifications 1 thru 9 bela%;. Thi~ %;ark includcs, but is not limited to, modifications, additions, changes, $clcctiono, furnishing, installing, connecting, progronuning, customizing, dcbugging, calibrating, or placing in operation all hard%~arc and/or Doft%;arc specified or required by these specifications. Thc Contractor or his subcontractor proposing to perform thc ~CADA %~ork must bc able to dcmonstratc thc follo~ing: 1_ llc ia regularly cngagcd in thc computcr baocd monitoring and control system business, prcfcrably aa applied to thc municipal watcr and %~aotcwatcr industry. 2. Mc has pcrformcd %~ork on syotcmo of comparable oigc, typc, and complcxity aa required in this Contract on at lcaot three prior projects_ 3. Rc has bach actively engaged in thc typc of ~ork specified herein for at least 5 ycaru. 4_ Ilc employs a Registered Professional Enginccr, a Control ~yotcm~ Engineer, or an glcctrical Engineer to supervise or perform thc work rcquircd by thio spccificationo. 5_ ~c c~%ployo pcruonncl on this Projcct %;ho havc successfully co~lctcd a manufacturer's training course in configuring and implementing thc opccific computers, RTUS'o, and ooft%~arc proposed for thc Contract. 6. ~c maintains a permanent, fully staffed and equipped service facility %~ithin ~00 milcs of thc Projcct sitc to maintain, rcpair, ealibratc, and program thc oystcms specified hcrcin. Mc shall furnish cquipmcnt %~ich is thc product of one manufacturer to thc maximum practical c~tcnt. Whcrc this is not practical, all cquipmcnt of a given typc %~ill bc thc product of onc manufacturer. 8. Prior performance at thc O- N. Etc~cns Water Trcatmcnt Plant %;ill bc used in evaluating %;hich Contractor or subcontractor programs thc nc%; ~;ork for this Project_ 9_ Thc Contractor shall producc all filled out program~ng blo~ko rcquircd to sho%~ thc programming as nccdcd and required, to add these t~o oystcms to thc c×isting City ECADA 0ystcm. Attached is an c~amplc of thc rcquircd progra~uning blocks %;hich thc City rcquircs to bc filled in and givcn to thc City Engineer %~ith all changes madc during thc progrolnming phase. Thc attachcd shcct is an c~amplc and is not intcndcd to 0ho%; all of thc rcquircd sheets. Thc Contractor %;ill provide all programming blocks used. Trenching Requirements All trcnching for this project at thc O- N. ~tcvcns Water Trcatmcnt Plant shall bc pcrformcd using a backhoe or hand digging duc to thc n~cr of cKisting underground obstructions_ No trenching machines shall bc allotted on thc project_ Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Orawing submittals: Quantity: Contractor shall submit nu~d~er required by the City to the City Engineer or his designated representative. The Engineer will retain five sets (six if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall sut~nit the additional number required for return for his files, manufacturers, sub-contractors, etc_ Section A - SP (Revised 9/]8/00) ~age 20 of 28 Reproducib[es: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form_ Resubmittals must have the original submittal ntunber with an alphabetic suffiK. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the su~ission of related items_ f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g_ Variations: Contractor must identify any proposed variations from the Contract dochunents and any Product or system limitations which may be detrimental to successful performance of the completed work. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions_ 2 [;a~l~: The Contractor must sub~it samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report When specified in the Technical Specifications Section, Contractor must su~t three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise~ [~he related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 A/rangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions_ The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting_ The Contractor will keep a copy of the Plan on the Project site throughout construction." Section A SP (Revised 9/18/00~ Page 21 of 28 A-38 Worker's Co~nsation Cove~age for Bu~ldin~ or Construct/on Projects for Government Ent/ties The requirements of "Notice to Contractors 'B'" are incorporated by reference this Special Provision_ A-39 Certifioate of Occupan~ and Final Aco~--ce (Not Used) Thc ioouancc of a ccrtificatc of occupancy for improvcmcnto deco final acccptancc of thc improvcmcnts undcr Gcncral Provision B 8 9. A-40 A~n~eu~t to S~ction B-8-6: Partial Est/~at~s not con0titutc General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone A~visory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert_ If s delay such as this is experienced, the day will not be counted as a work day and thc Contractor %~ill bc compenuatcd at thc unit pricc indicatcd in thc propoual_ A-42 OSHA Rules & Regulat~or~ It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City related projects and or jobs. A-43 A~nd~d Inde~nific~mtion & Hold ~ar~less Under "General Provisions and Requirements for Municipal Construction Contracts" 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change 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 (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, ere-l_ This breakdown information shall be submitted by contractor as a basis for the price of the change order_ Section A - SP (Revised 9/18/00) Page 22 of 28 A-45 As-Built Dimensions a~d Drawi~s (7/5/00) (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: (i) (2) (3) (4) (5) (6) Horizontal and vertical dimensions due to substitutions/field changes. ChangcJ in cquipmcnt and dimcnoionJ duc to OubDtitutions. "Namcplatc" data on all inatallcd cquipmcnt, Deletions, additions, and changes to scope of work_ Any other changes made_ ~orizo~n] n~ %-~.rti~l dimem%sio~s of ~iSe~'~3 utilitie~ ~f~, ~oss~ or fo~ ~ ~e ~ns~c~on. A-46 Disposal of Higkl¥ ch]erioated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner- Contaminants in the water, particularly high leYels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas_ These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be ihe Contractor's responsibility to comply with the requirements of all regulatory 4gencies in the disposal of all water used in the project. The methods of disposal i~hall be submitted to the City for approval_ There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water_ A-&7 pre-Construction Explorator]f Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall "pot-hole" or excavate a~d expose all existing utilities of the project that cross the proposed 16" diameter waterline and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting utilities_ For existing utilities which parallel and are within ten feet (10') of proposed pipelines of the prelect, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet S.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of utilities excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing utilities. Contracb~r shall ~erfor~ no coz~etruction work until all exploratory ~o~ ~ be~n made in the area of the Phase being started, the results thereof r~ported to the Engineer and until Contractor r~ceives Engineer's approval of re~oz-t. Exploratory excavations shall be subsidiary to the box culvert shall provide all his own survey work effort (no separate pay) excavations. cost_ Contractor for exploratory A-4B Overhead Electrical Wires (7/5/00) Contractor shall comply w~th all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical w~res. 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 bis work with AEP/CP&L and infor~ ~P/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 show~ in the plans or not. A-49 Amended "~4ainten~_nce G%,~rant~" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Technical Special Provision~ The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: Material Reuser Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill_ Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. On-Site Stockpiles: Excess material from excavation, whether non-contam/nated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff,, and infiltration of contamination from precipitation_ Contaminated stockpiles shall be underlain by plastic, with a cle~n-soil berm couered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. Disposal of Excess Non-Contaminated Soil: The balance of any non-contaminated soil not used in backfill and dee~ed suitable ~ the Owner, shall become the property of the Contractor City and shall be hauled off and disposed of by the Contractor at the dcsignatcd disposal sitc J_ C. Elliot Landfill. Unwante~ material shall become the property of the ~ontractor a~d the site. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill dis~Dosal fees, constructing and maintaining a stockpile in the rec~ired maDner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contam%nated soil will be transported by the Contractor to a safe disposal area to be designated by the City. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction persoru~el working in conta/~inated areas_ A-52 Fences Ali existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public and Privat~ Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, ,nduits, drains, and other underground construction uncovered or otherwise affected i, his construction operations_ All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench_ Hand excavation shall be eunployed as aecessary to prevent injury to trees_ Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or pa~ent of costs incurred in connectIon with the damage. Ali fire hydrants and water control valves shall be kept free from obstruction and available for use at ali times_ A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to C~ner's property resulting from his failure to provide security measures as specified- Section A - SP (Revised Page 25 of 28 Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site- A-55 A~ss Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Pzo~ect. A-56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others p~rforming work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A-57 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A-58 D~t Control Contractor shall take reasonable measures to prevent unnecessary dust_ Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant_ When practicable, dusty ~terials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens- Proper ventilation shall be included with dust screens_ A-59 Temporary Dr~nage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. See also: Section T1-E20 of the Technical Specifications, Stol-m Water Pollution Prevention_ A-60 Dewa tering This item shall not be measured but shall k~ subsictia_--y to the pipe installation cost by thc lincar fcct of trcnch where dew~tering is needed to keep the excavation section A - SP Page 26 of 28 d~y, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements~ Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pu~np suction and flow is pumped to a location that allows for sheet flow prior to e~terimg a storm water drainage ditch or storm water inlet_ ~ alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. Dewatering associated with groundwater only shall not be pumped directly or indirectly to the storm water system- The City's storm water department (857-1868) indicated that the City of Corpus Christi, by ordinance will not allow untreated groundwater to discharge to a location that flows into Oso Creek without testing prior to discharge. If the stormwater is tested and found to be of a quality that is equal to or better than the receiving water, then it can be discharged to the storm sewer system. The water must be tested periodically throughout the duration of the project_ Options would include pumping to the nearest sanitary sewer or discharging to temporary holding tanks then trucking to a sanitary sewer or wastewater plant. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Pumped groundwater from the trench can be pumped to the sanitary sewer system adjacent to the proposed work. Contact Mark Shell 857-1817 to obtain a "no cost" permit. City will pay for any water testing or water analysis cost required. The pei/ait will require an estimate of groundwater flow_ Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, p~p hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level_ A-61 ;u~%tio.~l T~me of C~pletion/Liquidated Damages Infoz~ation Rela~ed to C~rps of EngiueerB Permit The Contractor is hereby notifzed that time is of the essence on this project_ Currently, the City is in the process of acquiring the U.S_ ;~rmy Corps of Engineers permit for the Oso Creek Crossing(status will be provided at the Pre-Bid Meeting). Within ten (10) calendar days after receipt of the written Notice To Proceed, the Contractor shall commence construction within the areas of the project that are within e~isting right-of-way, existing or newly acquired e~sements_ As noted in Section A-6, the working time for completion of the project shall be in 180 C~m_le~da~ Days. In the event that the Corps Permit for the Oso Creek Crossing has not been acquired p~ior to the Contractor completing all other portions of the work, then the Contractor shall place construction operations on hold until said permit acquisition has been accomplished_ Calendar days will not be counted against the completion date while construction is on hold due to the permit acquisition_ Once the Contractor has been notified that the permit has been acquired for the remaining work areas, and that construction shall commence again, the Contractor shall re-mobilize within five (5) working days (not counted against the completion date limit) at no additional cost to the City. The Contractor shall then proceed to complete the remainder of the utility work in a timely manner, within the remaining allotted calendar days. The Contractor shall have no claim for delay compensation_ Section A SP (Revised 9/18/O0) P~OJECT: OWNERz ENGINEER: CONTRACTOR: SU~I TTAL DATE: APPLICA~r.~ SPECIFICATIO~ OR DRAWING SUB~4ITTAL T~AN~IITTAL FORM SUI~I TTAL N%~.~.: SU~4ITTAL Section A - SP (Revised 9/18/00) Page 28 of 28 TECHNICAL SPECIAL PROVISIONS TECHNICAL SPECIAL PROVISIONS These Technical Special Provisions amend or supplement the Technical Specifications and other provisions of the Contract Documents. All provisions which are not so a~ended or supplemented rennain in full force and effect. ARTICLE TS-1 DEFINITIONS ENGz--:~-~ - Whenever the word "ENGINEER" is used in this Contract, it shall be understood as referring to Urban Engineering Consulting Engineers, 2725 Swantner, P.O. Box 6355, Corpus Christi, Texas 78466-6355, (361) 854-3101, or their authorized representative. De~ig~ Slme~i~icat/o~ - Whenever the term "Design Specification" ia used, it shall be understood that the performance of the completed work is as designed by the ENGINEER, and the CONTRACTOR must follow the requirements of the drawings and specifications; followed the nuanufacturer's reco~endations (material and equipment); followed industry standard procedures and provided top quality wor~nship. Pex~ox~a~e ~ec~fication - Whenever the term "Performance Specification" is used, it shall be understood that the performance of the completed work is the res~nsibility of the CONTRACTOR, provided the OWNER has faithfully followed all written operational and x~intenance instructions supplied by the CONTRACTOR. (The CONTRACTOR is not relieved of the responsibility for i~proper performance of the completed work even if there was //~proper operation and/or maintenance by the OWNER but it obviously was not the cause of improper perforu~ance.) In a perfor~ance specification, the CONTRACTOR is responsible for the design of the item furnished and installed by him. It is intended that the item function properly without excessive operation and maintenance being required by the OWNER. The item furnished must incorporate the features specified but still perform as intended. The materials specified are to set a ~%inJ~num standard but shall not be considered a design. If the design furnished by the CONTRACTOR requires higher quality ~terial in orden to perform as intended, it shall be furnished at no increase in cost to the Contract amount. When m/nimum dimensions are specified, they shall not be considered a design. If the design furnished by the CONTRACTOR requires larger dimensions in order to perform as intended, it shall be furnished at no increase in cost to the Contract ~unt. Wor~ - Whenever the word "Work" is used it shall be understood as referring to all materials, supplies, machinery, equipment, plant, tools, superintendence, labor, bonds, insurance, water, light, power, fuel, transportation, royalty fees and any other facilities necessary to the proper execution and completion of the project_ The Contractor shall provide an pay for all the aforementioned ite~. ARTICLE TS-2 ERRORS AND OMISSIONS The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or o~uissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or om/ssions are so d~scovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions Tech. Spec. Prov. Page 1 of 3 causes an increase in Contractor's cost, Contractor shall be compensated for such increase in cost as provided elsewhere. Contractor shall bear the expense of correcting any errors and om/ssions on the drawings or specifications which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. ARTICLE TS-3 LACK OF INFORMATION If the Contractor feels that there is insufficient information in order for him to prepare his bid and/or construct the work, he is required to ~ake a written request for additional information. The Contractor shall not use the lack of information as a basis for requesting extra compensation. ARTICLE TS-4 LAYOUT OF THE WORK The Contractor shall layout the work from the existing facilities. 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 Engineer prior to deviation. If, in the opinion of the Engineer, the required deviation would necessitate a revision to the Drawings, the Contractor shall provide supporting measurements as required by the Engineer. ARTICLE TS-5 QUALIFICATIONS OF MANUFACTURER'S FIELD SERVICE BEP~SE~TATIVES General: The technical specifications require that for certain equip~nt and other ite~t~, the ~nufacturer shall include in his cost to the Contractor specified periods of on-site time of a qualified factory field service engineer to provide certain services. Providing these services is an extremely i/mportant part of seeing that the item is installed, adjusted and serviced properly. This, in turn, will help insure that the item furnished will function as intended and have a useful, trouble-free service life. Prior Approval: ;~s part of the sub~ttal data required, the name and complete qualifications of the person the manufacturer proposes to send as his representative must be included. The Engineer will have the right to reject any person who, in the Engineer's opinion, is not qualified to perform the required services based on the information furnished. On The-Site Rejection: In the event a manufacturer's representative, while on the job site, demonstrates (in the opinion of the Engineer) that he/she is not thoroughly qualified to perform the required services, the Engineer shall have the right to i~uedlately stop these services. The Contractor is obligated to replace the manufacturer's representative with a person who is qualified to redo as much of the completed service designated by the Engineer and complete the Tech. Spec. Prov. Page 2 of 3 remaining services. This shall be done at no increase in the Contract =mount (no cost to the City). Video Tapes: The City reserves the right to video tape any amd all services performed by manufacturer's field service representative(s). The Contractor shall give the Engineer seven days advance notice of when services will be performed by the manufacturer's representative. Should the Contractor fail to provide the required advance notice, the Engineer shall have the right to reschedule services to acco~odate ~e City. ARTICLE TS-6 TENTATIVE APPROVAL AND ALTERNATE DESIGNS Alternate Design Concept: General: If a Contractor desires to base his bid on a concept different from that shown in the Contract Documents, it shall be said Contractor's responsibility to submit to the Engineer, 14 days prior to the date of bid opening, complete details of said concept including required modifications, if any, to existing or proposed structures. The final decision to accept or reject the alternate design concept shall rest solely with the Engineer acting on behalf of the City, with said acceptance or re~ection being in writing from the Engineer to the prospective bidder no later than 48 hours before bid opening time. Time is of the essence, and failure of the bidder using a different design concept, from that shown on the drawings or described in these specifications, to submit to the Engineer complete details 14 days prior to bid opening will cause said concept to be excluded from consideration. A/ternate Designs not obtaining approval prior to bidding shall not be used in the construction of this project. Equipment: If the approved alternate design involves equipment, the Contractor is not relieved of any responsibility regards~ng performance of the equipment after installation. Likewise, no extras will be paid the Contractor fo~ any changes found necessary to adapt the alternate equipment, such as modifications to the drawings, structural or foundation changes, additional piping and valves, changes in pipe sizes, electrical alterations, or any other modifications. Tech. Spec. Prov. Page 3 of 3 PART C FEDERAL WAGE RATES REQUIREMENTS Page I of 2 Genet-al Decision Number TX030039 06/13/2003 TX39 Superseded General Decision No_ TX020039 State: TEXAS Construction Type: HEAVY County(les) : NUECES SAN PATRICIO DEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number 0 Publication Date 06/13/2003 COUNTY(les): NUECES SAN PATRICIO SUTX2052A 12/01/19B7 Rates C~RPENTERS (Excluding Form erring) $ 9.05 Fringes '~INCRETE FINISHER 7_56 ELECTRICIAN 13.37 2.58 LABORERS: Common 5.64 Dtilxty 7_68 POWER EQUIPMENT OPEgATORS: Backhoe Motor Grader 9_21 ~ -72 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental_ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS ] .) Has there been an initial decision in the matter? This can * ~1~ ex]sting published wage determination * ,, ~l]rvey underlying a wage determination http ://www,wdo l_gov/wdoUscafiles/davisbacott/TX3 9_dvb ~/. Page 2 of 2 a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for sul~maries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program_ If the response from this initial contact is not 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 Construotion Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U, S. Department of Labor 200 Constitution Avenue, N. W. Washington, D_ C_ 20210 2_) If the answer to the question in 1.) 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_ W_ Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into this 10TH day of MAY, 2005, by and between the CITY OF CORPUS C~RISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Bi~ State Excavation. Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $903,160.00 by City and other .?]igations of City as set out herein, Contractor will construct and complete certain improvements described as follows: 16" DIAMETER WATERLINE LOOP CONNECTIONS SE~NT ~A'- WEBER RD., SEGMENT ~B'- CHAPMAN RANC~ RD., SEGMENT ~C'- OLD BROWNSVILLE RD. - PRO~TECT NO. 8497 (TOTAL BASE BID + ADD.ALT.NO.1: $903,160.00) 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 BE~T BY: HP LA~ERJET 3t60; 361~80360t; APR 2t-05 4:34P~; PAGE 7/t8 ,~ I ~,GO0. oo $ 3/~O0.OD . V · 15-13 I3-15 Bonc~/L'~m~ance, ¢~lete in X t[tl, OoO'¢ 21 16~ ~aterlino (PVC C905 o~ ~ o_~ 1 1 A 16- x 8" R~lucer, com~let~ in plac~ p~r EA 16" Tee~ 2 3 ~l.a V~lve, ~le~.e tn per ZA I 2 in place p~ ~A %00. oo ~ 7 0oo.o0 ~ ~Cr ~A c-4 2 C-5 l EA C-6 4Z 16' X 8~ T~, ~lete In 5' War.clOne {~C 0900 o~ C-? 2 ~1~,, OCD u~ ~' -1~ ~" Ftttia~a (22.5", 45" A 90" ~ende), compete in pAa~ per ~ pla~a ~ ~ .__ R~ve ~tlng F~c ~ant 5' Watex L~e. c~lece ~ ~'l)ZUo~ ~o ~ $ %~,ooo ,oo $ f~,lb4, O0 4ou ,oo ~ I )zoo, oo re~5 ~ ~1G~ ~o tn~em~e or dec~e ~he ~ntlty of ~y bid it~. ~ ~e ~itl~ ar~ app~xl~t~, ln~l~e aD ad~tlonal ~ in s~ ~s~, a~ ~y ~ry ~r~ the ~ ~Bn~tles, gENT BY:' totaled on the pr~v£ous pages, Xf th~z~ is a d/scrmpancy, ~_he totaled bids on the pre~-louS pages s~all govern over t]moae ~isted b~low. (~ x~,,=~ aaa-,, - aaa-z) g ~o ~00o,00 The Contractor will commence work within ten (10) date they receive written work order C~T.'~ND,A.R DA~S (A-80; B-30; C-60; 10 begun. Should Contractor default, liquidated damages as set forth in the Contract Documents. calendar days from and will complete same within 180 TO CLOSE) after construction is Contractor may be liable for City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. CITY OF CORPUS CHRISTI Ronald F. Massey, Asst. Cit~Mgr. of Public Works and Utilities APPROV~ AS. TO LEGAL FOBM: Asst.~C~/~ty Attorney J ATTEST: (If Corporation (Seal Below) {Note: If Person signing for cox~oration is not President, attach o~y of authorization to sign) Angel ~. ~scobar, P.E. 7 ! Direct'or of Engineering Services CONTRACTOR Title: 15531 KUYKElqDA~L SUITE 280 (Address) HOUSTON, TX 77090 (City) (State) (Zip) 281/440-8500 * 281/440-8088 (Phone) (Fax) Agreement Page 2 of 2 ~18803501~ APR-21-05 4:34PU; PROPOSAL PORM FOR ~]00§/019 pAG~ ~/t8 16" DTAMETER WATERLINE LOOP' CONNECTIONS SEGMENT ~A'-WEBER RD. , Sw.62m~TT ~B'-CHAPM~N I~NCH RD., SEGMENT 'C'-OLD BROWNSVI~.n~ RD. CITY or .4~iL~BIII~ H~. 1 a Corpora%ion organic-ed and existing under the laws of the state of Partnership or Individual doing business TO: ~ CA"~-~ ~ ~ c~x~-%, Texas Gentl~n: The undersigned hereby mate~ial$, tool~, a~d necessary required for: proposes to furnish all labor equipment, and Lo perform ~he work acc0~da/~ce wit: the lc~ca%lo~$ set OUt Dy the plana a~d spe=iftcatlons and J.~ striu~ with the contract docu/~ents for :he follow~n~ prices, ~o- ~6" Gate 24~ ~ ~lace ~ in pla~ (I~clu~ng ~tpns, ~d A-5 1 ^-7 1 A-9 ~A A-9 4,~70 ~ %v~o~D, oo ~ 0~,ooo,o0 08'32 F,'~l 3UI .)ao not ocd~ O4/22A05 08:33 FAX 301 388 0786 ~010/019 ~EI;IT BY':'HP LASeR JET 3150; 38t8803501~ APR-21-O~ 4:3~R~ PAGE 9/18 ~ "Bt Bouds/~'~ur'~ncm, =~ulete In ~i4~oQD~ Ri,ace. ~:~,z ~ .... ~lete ~ p/aaa ~r ~ 16' T~Iii~ V~Ve, c~l~te ~ ~ 16' ~a~rl~ [P~ C905 ~ ~ [6~ El~g~ (22.5% 45= · 90~ ~ 16" Oete Vale, ~piete in ~1~7~'~ 16' x a~ ~r, ~1.~. i~ ~ cap and ~d:., c~ple=e ~500~ Air Releeea/vacuumValve, co~letm in place Tren=h Safety, ~Na. 1 04/22'05 09:33 FAX 3~1 355 078(] [~011/019 per S~ ~ ~0 . O0 a ~0oo ,~ ~ENT ~Y: HP LA~ERJET 9t50; PAP~ t~/~8 ~ ~Ct Iv 1,1~6 lS- wat~r/~ne (~rC C905 or 7 ~A C-4 C-5 1 L~ C-? 2 C-9 C-~] i6~ ~. V~ve, ~lete ~n ~1~ ~let~ in plaue per LP 1,116 Tz.n~ gafe~y, c~le~. ~n [ ~0 ~lete ~.plm=~ ~r BY 6' Wataz L~e, c~Dlet~ lo p~ace ~r ~ ? ~ ~4o0,oo s tO,~O, O0 o,oo ,~E~I' ~tY': HP t.J~ERJET 3t~0; 3GtSB03501; APH-21-05 4..'8~PMI PAGE tD/t~ Base bids li~ed in th~ foll~win~ ~ary shall match thoa~ totaled on the previous pages. If th~r~ is a d/screpancy, nhe totaled bid~ on the previous pages shall govern over tho~e listed below. 0 4q'~,4-zo. oo ~ 'A' - 2~ld~'c.~.ml ma~mz,flm, tm NO. I "1~%, 160, oO %o %00o,00 Th~ undersigned h~r~y d~clar=s that hm ~s v~sited th~ sfte and has carefully ~n~ the plans, ~p~ciff~tions ~d ~ntract ~ ~y se~e a w~ra~ty but are ~re e~t{~Les for the ~i~nce of ~e Contractor. Upon notification of award of contract, we will within ten (10) calendar d~ys execute the formal contract and will deliver a P~forma~ce Bond (as reguir~d) for the faithful performa~c~ of this cent=act amd a Payment B~nd (as required) to insure payment for all labor and matmrial$. Tbs bid bond attached to this proposal, in the' amount of 5% of the highest amo~lnt bid, is to become the property oS the City of Corpus Christi in the avant the contract and bonds are not executed within the t/me above set forth as liquidated d~ges for the d~lay and additional work caused thereby- ~t~=ltW/~;---rit-~ ~in~sa ~*--zI~-i~ emz~i=i~ati~: The mppar~nt low bidder shall, ~nlthin five da~ of receipt ef bids, to the City Engineer, in w~iting, t~e names and addresses of MBE participating in ~he contract and a description of the work to be performed end its d~llar walue for hid evaluation bonds will be prepared in not lees than four counterpart (original ,~lgned) S~S. ~ ~ C~ll~i(~X: To I~litmtze tUce~venience to the general public and to m{n~mize thei~ ~sure to ~-n~e~ ~nd~tto~, the contractor will be re~ired to foll~ tight scheduling for cons~ruc%ion and will The ~rO~t has ~mn ~vtded in%o phases. T~ dur~%io~ for mot c.~le=e as sho~ below, lt~l~e~ da~ges will ~ assessed for each ~y the work is,delayed, A ~nalty In the ~t of ~ ~.~ ~ Completion ~hall bm based on ~at£sfactory Work, c~z.p, leted, in accol'~anCe with the pla~, s~ecifications, and co~tract documents and accepted by the City. The working ti~ for completion of the ~ Project will be ~N3; B~ HP LA~ERJET 31~; 36188035011 APH-21-05 4:GaPM; PAGE 16/t8 Each phase of the ProjeCt. shall be completed withl~ the n,~her of calendar days allocated as describ~ in :he following; Phase I: Segment C - Old Brownsville Phase II: Segments A - Weber Rd. Phase III: Segments B - Chapman Ranch Rd, 30 C,u..Lenda~ !~'~ 10 c~ ~ Phase I shall be started fires. All segments may be s%arted and have constr~ctio~ performed concurrently. The Contractor shell antlolpatm the followin9 n,~r of work days lost due to rain ia deter~[ning the contract schedul~ and for each ~hase of the contract. A rain day ia defined as ~ny day in which the a~o~lt of ~ai~ m~asured by th~ National Weather ~ervice at the Power Street Stoz~water Pump Station is 0.50 inch or greater. No extension e~ timm will be ccnsider~d u~ll the mxpec=ed number of rain days has been e~ceedod and the Engineer has agreed that the status of cons=ru=tion ws~ ouch that there was an impsc~ detrimental to the construction schedule. Ja~nar¥ 3 Days May 4 Days September 7 Days F~bruary 3 Days June 4 Days october 4 ~ays March 2 Days July 3 Days November 3 D~ya A~ril 3 Days August 4 Days December 3 Days Th/s project is esmentially a c0nstr~io~ contract for a pez~od of 180 c.a~-l-~ Days, as for ~x~tng ~he total tim. allott~ s~ll be indep~nt of d~s A~ter Contract Award and pr$-consLruction meeting Co~tract0r shall commence work within ten ilO} calendar days al=er receipt of w~itten notice from the D~ctor of ~gin~r~g So, viCes or designee ("City ~gtneer") to proceed, For each cale~c~r day ~hat any work remains iacomplete after ~e tim~ epmc/fied /I~ the Con~ra~ for ~letion uf the work ~ ~ ~ or after su~ t~ ~ri~ as ~t~ded ~s~t ~o o~er provlsio~ o~ t~s C0~%ra~, $~ ~ ~ ~ will ~ ass~s~ agai~s~ the ~tzau~or as lt~dated ~ges_ Said li~ldated da~ges are not ~ed as a Penalty bu~ as ~ estate of the ~es that the City will s~tm~ fr~ d~lay ~ ~letion ~f th~ work, ~ich ~=~g~s by ~eir nat~ are not ~p~le of precise p~f, ~e Director of ~gfn~ri~g Se~iO~s (City ~gineer) ~ wit~old and d~uc~ f~m ~es o~.~lms d~e ~e ConteSter the ~unt of li~dated d~ages due the city ~ ~m ~th~F ~ eS~, [ ~~.t .381 358 0768 I~017/01~ ~1~0; ,~tB~On~Ot; API~-~t-OB 4:~PIJ; PA~ t8/t~t ~erials and ~ everything re~tred to carry out the ~o~ mntionM work covered by this'proposal, in strict a~r~nce with the ~n~ra~ do~nts and the redirects pertainin9 ~ereto, for the s~ or m~ ~ve set forth, .~TATE OF TE)[AS COUNTY OF NUECES PERFORMANCE BOND Bond No. 0220118B7 KNOW AT.T. BY T~ESE PRESENTS: THAT Bi= State Excavation, Inc. of HARRIS County, Texas, hereinafter called "Principal", and LiberLyMutualInsur~ceCo~y , a corporation organized under the laws of the State of ~ssach~etts , 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 NINE HUN-DP. ED THi~EE T~OUSAND, ONE ~UNDRED SI]~TY A/gD NO/100 ($903,160.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 10TH of MAY , 20 05 , a copy of which is hereto %tt~hed and made a part hereof, for the construction of: 16" DIAMETERWi%TERLINE I~DOP CONITECTIONS SEGMENT ~A'- WEBER RD., SEGMEl%~T ~B'- C~%-DMANRANCH BD., SEGMENT ~C'- OLD BROWNSVILLE RD. - PROJECT NO. 8497 (TOTAL BASE BID + ADD.;tLT.NO.i: $903,160.00) NOW, THEREFORE, 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. PROV-/DED ~'uKTF~ER, 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 Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WTTNESS WWRREOF, one of which shall be this instrument is executed in 4 copies, each deemed an original, this the 19th day of , 20 o5 PRINCIPAL /// ATTEST Secretary (~r xn~: ~ame) SURETY Liberty Mutual Insurance Compa. n_~'~ Attorney-in-fact Ste~en E. White (Prxnt Name) The Resident Agent of the Surety in Nueces County, ~otice amd sex,ice of process Agency: Contact Person: Phone Number: Keetch and Associates J. Michael Rhyne 1718 Santa Fe Cor~us Christl~ Texas 78404 (361) 883-3803 Texas, for delivery of INOTE: Date of Performance Bond must not be prior to date of contract) Revised 9/02) Performance Bond Page 2 of 2 STA/'E OF TEF~%S § COUNTX OF Nuw-CES § PAYMENT BOND Bond NO. 022011887 KNOW ~T.?. BY THESE PBESEI~TS: T~AT Bio State Excavation, Inc. of HARRIS County, Texas, hereinafter called "Principal", and L~eftyMutualI~urauceCo~y ~ a corporation organized under the laws of the State of Massachusetts · 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 NINE HUND~n THREE THOUSAND, ONE ~gNDRED SIXTY AND NO/100 ($903,160.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the prlncipal entered into a certain contract with the City of Corpus Ct~Jisti, dated the 10TH day MAY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: 16" DLAMETER ~FATERLINE LOOP CONNECTIONS SEG~51T~ 'A'-~TEBERRD., SEG~KNT ~B'- C~%1~%N RANCH RD., SEGMENT ~C'- OLD BROWNSVI?.?.~ BD. - PROJECT NO. 8497 (TOT-AL BA~E BID + ADD.ALT.NO.1: $903,160.00) NOW, THEREFORE, 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 Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN W~TNESS ~HEREOF, this instrument is executed in 4 one of which shall be deemed an original, this the 19th , 20 05 __ copies, each day of PRINCIPAL ATTEST Secretary SURETY Steven E. White (Print Name) The Reside=tAgent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone ~',',,,mer: Keetch and Associates J. Michael Rhyne 1718 Santa Fe CorPus Chr,sti, Texas 78404 (36i) 883-38o3 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 1702763 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND, This Power of Attorney limits the acts of those ~amed herein, and they have no authority to bind the Company except in the manner and to the exteflt herein ~ated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSE~FS POWER OF ATrORNEY - KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock ir~surance company, pursuant Io and by authority et the By-law and Authorization herelnatter set forth, does hereby m~ne, co~stJtule and appoint STEVEN E. WHFrE, DON WEIDENFELLER, PHIUP BAKER, EDWARD ARENS, ALL OF THE CITY OF HOUSTON, STAre OF , each individually if there be more than o~ne named, ~ true and lawhJI atiomey-in-fact to make, execute, seal, acknowledge and deliver, for and on Ils behalf as surety and as ils ecl and deed, any and all undertakings, bonds, recognizances and other surelyomgobli aliens in lhe penal sum not exceeding TWENTY MILLION AND 00/100 ............. DOLLARS ($ 20,000.000.00'*"** ) each, ~ the execution of such under, kings, bonds, recognizances and other surety obligations, in pursuance et these presenls, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary o! the Company In their own proper perso~s. That this power is made and executed pursuant Io and by authedty et tho [olh3wmg By-law and Authoriza§o~: ARTICLE XIII - Execubon el Cont~ants: Section 5. Surely Bonds and Undedakings. Any officer o~ the Company authedzed Ior that purpose in wdting by the chairman or Ihe president, and subject to such limitations as if~ chairman or the president may prescribe, shall appoinl such attomeys-in-lact, as may be necessap/to act in behaJf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bends, recognizances and other surety obligations. Such attorneys-in-rant, subject to the limitations set forth in their respective powers et attomey, shall have full power to bind tho Company by their signature and execulfon of any such tostmments and Io attach thereto the seal el the Company. When so executed s~ch Instruments strait be as binding as if signed by the president and attested by the secretary By the ~ollowing instrument the chairman or the president has authedzed [he officer or oiher official named therein [o appoint attorneys-in-tact Pursuant tu Articie XIII, Section 5 of the By-Laws, Garnet W Elliot[, Assistant Secretary o! Liberty Mutual Insurance Company, is hereby authorized to appoint suc~h al~omeys-ln-lact as may be necessary [o ecl in behall et the Company [o make, exec*Jte, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely o~31igafions. That the By-law and the Authorization set lorth above are true copies thereof and are now In tull [orce and effecl. IN WITNESS WHEREOF, this Power et Attomey has been subsedbed by an authorized oh~cer or officiaJ o! the Company and the corporate seal o! Liberty Mutual Insurance Company has been ah~xed thereto in Plymouth Meeting, Pennsylvania this 28th day o! March .' :~ 2005 LIBERTY MUTUAL INSURANCE COMPANY ~. 13 Game/W, Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY "" ~ o Cto this 2/~/h day el March , 2QQ~ , belore mo, a Notary Public, personaJly came Ga~not W, Elliott to me known, and acknowledged ~ ~ that he is an Assistant Secrelary el Liberty Mulual Insurance Company; that ha knows the seal el s. ald corporatJo*3; and that ho executed the above ~i Power of Attorney and affixed the corporate seal et Libedy Mutual Insurance Company thereto with the authority and al the direction et said corporation. IN TESTIMONY WH~..~.L!;l~.~'~unto subscribed my name and affixed my nctadal seal at Plyr~outh Meeting, Pennsylvania, on the day and year I, the undersigned, As. slstant ~retary of Llbedy Mulual Insurance Company, do hereby certify that the olfginal power of attorney of whic~ the foregoing Is a full, true and correct copy, Is In [uti force and effect on tho dale of this certificate; and I do further certiiy that tho officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the presldenl to appoint atlomeys-in-[an/as provided In Artlcie Xlll, Section 5 of 63e By-law~ of Liberty MutLU~J Insurance Company. This certificate and [he above power et attomey may be signed by lacsimlle or mechanically reproduced signatare$ under and by aulflority of the following vole of Ihe board of directors et Libedy Mutual Insurance Company at a meeting duly called anzl held on the 12tfl day et March, 1980. VOTED thai the facsimile or mschamcally repreduced signature of any assistanl secretary el the company, wherever appearing upcm a certified copy of any power of attomey issued by the company in connectio~ with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate sea] of the sa~d company, Ibis ! By , Davti~ M Carey, ,~ql~a~q't Secretary 19t. h day of Liberty Mutual Surety Bond Number 022011887 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 Liberty Mutu51. Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute conceming a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 OA/ZZ/O~ 08:~$ FA/ 381 358 07~8 ~018/019 8E~T BY':' HP L~E~dET 3~S0~ 3~tnG03501; A~H-~t-O~ 4:G~U; PAG~ ~?/t8 ~ ~: l. Co~tnti~ ~ 2. ~ttne~htp ~ 3. $o1~ ~ ~ , Job Title ~ City ~par~C Consultant eLa~nt, t~t I h~ not ~owing~y wit~eld di~los~ o~ any 04/;(2?$ 08:.36 FA~ 361 .358 07§6 l~019/01g BY':' HP LA.gF-RJET 3t~0; ~t8B03~;01; N~-~t-0S 4:G7PM; PAGE t8/t8 A ORD. PROD4JCER Guaranty Insurance Services P O. Box 4745 Houston TX 77210-4745 Phone:713-939-9898 Fa~:866-652-9382 Big State Excavation, Inc.'~ Longhorn Interests. Inc. 15531 Kukendahl #280 Houston TX 77090 OP iD MG~ DATE CERTi.4:ICATE OF LIABILITY INSURANCE m o5/31/o5 T.,S CE.T,F,CATE ,S ,SSUED AS A M^ R OF ..FO.MAT,O. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ilNSURERS A_F~FORDING COVERAeE NAIC # R~USER~ Hudson Specialty Ins. Co. 37079 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAV~ SEEN ISSUED TO THE INSURED NAMED ABO~ FOR THE POLICY PERIOD iNDICATED NOTWTi'HST/UqDING ANY REQUIREMENT. TERM OR CONDI]]ON OF A~NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT/UN. THE IN S UP.A~ C E AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIKIITS SHOW]q MAY HAVE SEEN REDUCED SY PAID CEA]MS COMMERCIAt GENE~R~L LI/~ILITYi U2072771335 ! Cb~ M,',.eE i x i OCCUR,i / Contrmctual Li~ Host Libor Li~ N~Y AUTO U2072771383 AL L O~ED AUTOS / CSPI-UM-00517 WC2072771433 i POLICYEFFEOI'NE I POLJCY E~i~'nON DATE ( M M~O EVYY) DATE (MMIDD/YY) UMITS I ~ ~CH OCCURRENCE $ 1 ? 000 ? 000 02/01/05 ! 02/01/ UAAIAL~E 06 PREMISES (Es o¢~Jr~me) $ 50~000 i w./ MED EXP (Any o~ parsc~) E5,000 PERSONAL & ADV INJURY $ l~000r000 GENERAl. AGGREGATE ~,000~000 -- PRODUCTS COMP~)PAO~ $ 2, 000, 000 COMBINED SINGLE LIMIT .a/1 t% 02/01/05 02/0y06 .... SODILY INJURY $ $ ,~oooooo 02/01/05 02 / 01~06 $ 4000000 $ DEDUCTIBLE RETENTION $10000 XlToR¥'.,M S I 02/01~06 E.L. EACH ACCIDENT $1000000 / o2/ol/o5 E Install/BldrRiek QT6603246B752 02/01/05 02/01/06 Jobsite E Lsd/Rentd Equi~mt QT6603246~752 02/01/05 02/01/06 Per Item Re; 16" Diameter Waterline Loop Connections Segment 'A'-Weber Rd_, Segment / "B"-Chapm~n Ranch R0ad.,Segment "C"-01d Brownsville Rd. Project No. 6497 Ad~tional Insured in favor of City of Corpus Christi as respects to General &nd Auto Lia/oility where required by written contract. CER~FICATEHOLDER CANCELLA~ON City of Corpum Christi ~/ CITCOR1 Dept. Of Engineering Services At,n: Contract A~4nistrator P.O. Box 9277 Corpus Christi T~ 78469-9277 ACORD 26 (2001108) 1,000,000 500,000 © ACORD CORPORATION 1988 ~NA G-140331-A (Ed. 01/01) U2072771335 v// POLICY NUMBER IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. .THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. v/CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under Ihe following: ¥/ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement la not affected by an enlry or lack ol enlry in the Schedule above.) WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization~ including any person or organization shown in [he schedule above, (called additional insured) whom you are required to add as an addilional insured on Ibis policy under a writlen contract or writlen agreement; but the written contract or wtitlen agreement must be: 1. Currently in ellect or becoming effective during the term of this policy; and 2. Execuled prior Io the "bodily injury," "property damage," or "personal and adverlising injury", The insurance provided to Ihe additional insured is limited as tollows: 1. That person or organization is an additional insured solely for liability due [o your negligence specifically resulting from "your work" for the adcrl~onal insured which is Ihe subject of the wrillen contrac[ or written agreement No coverage applies to tiabilily resulting from the sole negligence of the additional insured. 2. The Limits ol Insurance appliceble Io the additional insured are those specified in Ihe writlen contract or whiten agreement or in the Declarations of Ihis policy, whichever is less. These Limits of Insurance are Inclusive of, and not in addition ~o, Ihe Limits ol Insurance shown in the Declarations. 3. The coverage provided to Ihe additional insured by Ibis endorsemenl and paragraph f. ol lhe definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. 4, The insurance provided to the additional insured does not apply to "bodily Injury," "properly damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure lo render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, repods, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection aclivi[ies pedormed as pad of any related architectural or engineering eclJvities. /Ls respects Ihe coverage provided under lhis endorsemenl, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1, The Iollowing is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: G-140331-A Page 1 of 2 (Ed. 01/01) G-14033f -A (Ed. 01/01) e. An additional insured under this endorsement will as soon as practicable: (1) Give written no[ice of an occurrence or an o[~ense to us which may resull in a claim or "suit" under this insurance; (2) Tender the defense and indemni~y ol any claim or "suit" to any other insurer which also has insurance for a toss we cover under this Coverage Pad; and (3) Agree to make available any other insurance which Ihe additional insured has Iora loss we cover under Ibis Coverage Part. f. We have no du~ to defend or indemnify an addilional insured under this endorsemenl until we receive wril~en notice ol a claim or "suit" from Ihe addilional insured. Paragraph 4.b. ol the Olher Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. E.xce~s Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a writlen contracl or wrilten agreement specilically requires that this insurance be either primary or primary and noncontributing G-140331-A Page 2 of 2 (Ed. 01/01) / POLICY NUMBER: U2072771383 ~ COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: .,/BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wilh respect to coverage provided by this endorsement, Ihe provisions ct the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form This endorsemenl does not alter coverage provided in Ihe Coverage Form. This endorsement changes Ihe policy effective on the inceplion date of the policy unless another date is indicated below End ors em eh I02/01/~_005E['leclive: J Countersigned By: /.~'~1~. ~'"~. / Named Insured: Biq State Excavation, Inc. ~' (AuthorizedRepresentalive) SCHEDULE Name of Person(s)or Organizations): City of Corpus Christi Pepartment of Fng~neerinq SVCS P.O. Box 9277 Corpus Christi, TX 78469-9177 (11 no entry appears above, information required 1o complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in Ihe Schedule is an "insured" for Liability Coverage, bul only to the extenl thai person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 ~9 Copyright, insurance Services Ol'lice, Inc., 1998 Page 1 of 1 A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "aulo" you own and not a covered "aulo" you hire or borrow, For a covered "auto" that is a "leased aulo" Who An Insured is changed lo include as an "insured" the lesser named in the Schedule. 2. The coverages provided under this endorsemenl apply to any "leased auto" described in Ihe Schedule until Iha expiration dale shown in Schedule, or when Ihe lessor or his or her agent lakes possession ct the "leased auto", whichever occurs firsl, B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lesser named in Ihis endorsemen[ Ior "lo~s" to a "leased aulo". 2. The insurance covers the inleres[ el the lessor unless the "loss" results Item lraudulent acls or omissions on your pad. 3. If we make any payment Io Ihe lessor, we will obtain his or her rights against any other pady. C. Cancellation 1. If we cancel Ihe policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. II you cancel the policy, we will mail nollce to the lessor 3. Cancellalion ends Ibis agreement, D. The lessor is not liable for payment el your premiums. E. Additional Def~ltlon As used in this endorsement: "Leased auto" means an "auto" leased or rented [o you, including any substitule, replacement or extra "aulo" needed lo meet seasonal or other needs, under a leasing or renlal agreemenl that requires you to provide direct primary insurance for Ihe lessor. CA 20 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 2 of 2 POLICY NUMBER: U2072771335 0G02051185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellalion or material change that reduces or restricts Ihe insurance aflorded by this Coverage Pad, we agree to mail prior wdtlen notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization that you are 2. Address: required to provide with notice of cancellation of this policy under written contract or agreement. 3. Number of days advance notice: CG 02 O5 11 85 Copyrlghl, Insurance Services Office, Inc., 1984 POLICY ~IMBE R/ U 20727713B3 INSUltED NAME ~ ~DDP,~SS ~iIG STATE EXCAVATION, INC. (SEE ENDT) 5531 K]3YKEiFDA2{L %280 HOUSTON, TX 77090 POLICY C~ES ENDORSE~E~T EFFECTIVE 5/25/05 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless snother effective dete is shown. 30 DAY NOTICE OF CANCELLATION ~L~S BEEN ADDED IN FAVOR OF THE FOLLOWING: CITY OF CORPUS CHRISTI DEPARTMENT OF E~GINEERING SERVICES ATTN: CONTR3kCT ADMINISTRATOR / / P 0. BOX 927 CORPUS C}{RISTI, TX 78469-9277 G-56015 B (ED. 11/91) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the p~icy because Texas is shown in Item 3.A. of lhe Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirecUy to beneB anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed to: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SVCS P.O. BOX 9277 CORPUS CHRISTI, TX 78469 9177 (The informatkm be{ow m required ~qly wfle~ Ibis endorsement is issued subsequenl to.j~nttion of Ihe policy,) ~nrk~*rr~ntE~i/¥~ 05--25--05 ~o ~20727714~3 v/ Insured Big State F~cavation, Inc. Pr~niurn$ Ir~urance Company Valley Forge Insurance Co~pa~yCoun[e~Jgnedby - . WC 42 06 01 (Ed. 7-O4)