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HomeMy WebLinkAboutC2008-010 - 1/8/2008 - Approved� 2008 -010 01/08/08 M2008 -004 Troy Construction S iP E C I A L P R O V I S I O N S S P E C I F I C A T I D N S A N D F�O 9R .M S O F C O N T RAC T S A.N D F O R BOND S ][H .3 7 / � SESSIONS. ROAD 12 a—INCH WASTEWATER 'LINE R EHABILITATION I M- IL PREPARED BY: Maverick Engineering, Inc. 2000 S a P-a I-wD Suite -.140 Corpus Chr�.sti, Texas-. 78469 Phone: 361./289 -1385 Fax: 361-/289,,o0712 ' FOR ` DEPARTMENT OF ENGINEER ING SERVICES . CITY OF CHRISTI, TEXAS Phone: 361/880 -3500 Fax 351/880 -3501 OF- L IP or lb � BHASKAR H. PATEL � q: PROJECT NO: 7377 /��p -635850 �� ClS E 6''��,� AL �.�+ co� DRAWING N0: SAN -.542 ��� de S I G N S O N S A N D B O N D S IH 37/ SESSIONS ROAD- 12 -INCH WASTEWATER LINE REHABILITATION PREPARED BY : Maverick Engineering, Inc. 2404 S.P.I.D., Suite 1.00 Corpus Christi, Texas 78469 Phone: 361/289---,1385 Fax: 361./289 -0712 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRI$TI, TEXAS Phone: 361/880 -3540 Fax 361/880".,3501 PROJECT NO: 7377 DRAWING NO: SAN 5 42 OF r M:kw.d � A a M F 11 4 % 0 * F t t F * t ■ ■ + ■ r i + ■ F F t i � � * � ■ i ■ i t ; ■ ■ � s t r r 1 � 4 F + + BHASKAR H. PATEL 0MAN q q Iwo EN&E 0*%I&m &&&.& ME M t % t 63585 t t "Q7 ■ C44 0 0 t -& 00 'r F �11 t 'r, r a * lsl� + i 0 t ■ lb A�- S P E C I A L P i2 Q V I S P E C I F I C A T I A N D F O R M S O F C O N T R A C T S F O R S I G N S O N S A N D B O N D S IH 37/ SESSIONS ROAD- 12 -INCH WASTEWATER LINE REHABILITATION PREPARED BY : Maverick Engineering, Inc. 2404 S.P.I.D., Suite 1.00 Corpus Christi, Texas 78469 Phone: 361/289---,1385 Fax: 361./289 -0712 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRI$TI, TEXAS Phone: 361/880 -3540 Fax 361/880".,3501 PROJECT NO: 7377 DRAWING NO: SAN 5 42 OF r M:kw.d � A a M F 11 4 % 0 * F t t F * t ■ ■ + ■ r i + ■ F F t i � � * � ■ i ■ i t ; ■ ■ � s t r r 1 � 4 F + + BHASKAR H. PATEL 0MAN q q Iwo EN&E 0*%I&m &&&.& ME M t % t 63585 t t "Q7 ■ C44 0 0 t -& 00 'r F �11 t 'r, r a * lsl� + i 0 t ■ lb A�- (Revised 7/5/00) IH 37/ SESSIONS ROAD 12 -INCH WASTEWATER LINEREHABIIJTATION 1 r L L 16 PROJECT # 7377 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS -B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Pro]* ects For Government Ent-'it ies PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A,--2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation. Insurance Coverage A -8 Faxed Proposals A -,,, 9 Acknowledgment of Addenda A--10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A--13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A Excavation and Removals A -1.6 Disposal. /Salvage of Materi'als r� a ^.. (NOT USED) A,--18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certif icati'on arm& WL. 11M am %,.w %M, %," &,o L. (NOT USED) A -22 Minority/minori ty Business Enterpxa.se Part i6ci'pat ion h J- A- 'A 3����r�n- �F�e�trir�e- �F�e��T (NOT USED) A -24 Surety Bonds �- �- S���e�- 'F��- ��a�3t (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements �- 2�'�-- ��e�.��.����- €ems- B��age (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended "Polity on Extra Work and Change Orders" A -32 Amended "Execution of Contract" Requirements A--33 Conditions of Work A -34 Precedence of Contract Documents Policy 4 1 1 1 # ML +W V r em = V= 9= I i= :1, d9l M1 .4"M% J, n d= =0;1 :2 1 7 1 + %wp=L (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker-'s Compensation Coverages for Building or Constructi'on Projects for Government Entities 'FABLE OF CONTENTS PAGE 1 OF 3 n C1 t"'t 1= = t: -4 f 3' 0 n t= :E _LM71 i�ra_ -? " ^ ^��^� ^ {NOT aj ww %Mdb %WO adl %wr qJ6 4&W OLF Awe " %Md %.w %sm.0 Ims %.J %.& %map %MOL e LMPL A AL NIMP 46 NmA & A -40 Amendment to Section 8 -8 -6: "Partial Estimates" A-,-,41 Ozone Advisory A.&.-642 OSHA Rules & Regulations A -43 Amended "Indemnification and Hold Harmless" (9 /9g) A -44 Change Orders (4/26/99) A -45 As- -Built Dimensions and Drawings (7 /S /00) .7qk - �6--$ 1�89c��- ���3��i�y��ilv�lFkc^ccca ircrcc�- �� -Tr�^o -^vim- (NOT A,,-47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A-50 Video Documentation A -51 Groundwater Discharge PART }3 - GENERAL PROVISIONS PART G - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021080 Removing Old Structures S55 022 EARTHWORK USED) USED) 022020 Excavation and Backfill for Utilities and Sewers S9 022022 Trench Safety for Excavations 022420 Silt Fence S97 023 FOUNDATIONS, BORINGS, PILES & CAISSONS 023020 Jacking, Boring or Tunneling S65 025 ROADWAY 0258 TRAFFIC CONTROLS & DEVICES Q25802 Temporary Traffic Controls During Construction 026 UTILITIES 0262 GENERAL 026214 Grouting Abandoned Utility Lines S3 027 SEWERS & DRAINAGE 0276 SANITARY SEWER (GRAVITY) 027602 Gravity Sanitary Sewer S61 027610 Televised Inspection of Conduits 5125 SECTION 030 - CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Seel. S42 036000 Concrete Structures S41 SECTION 050.- METALS 055420 Frames, Grates, Rings and Covers S57 TABLE OF CONT ENTS PAGE 2 0 F 3 PART T - TECHNICAL SPLrCIF'TCATIONS 015140 Diversion Pumping 022 EARTHWORK x2202]. Control of Ground Water 027 SEWERS & DRAINAGE 4272 GENERAL 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes S58A LIST OF DRAWINGS: SHT.NO. DESCRIPTION 1. Tile Sheet/ Vicinity Map 2m Genera]. Notes and Estimated Quantities 3. Boring Plan and Profile, 2011 D Casing with 12" Diao Line 4. Sanitary Sewer Standard Detail (Sheet 1) 50 Sanitary Sewer Standard Deta 1*1 (sheet 2) 6 Sanitary Sewer Standard Detail (Sheet 3) 7.w Sanitary Sewer Standard Detail (Sheet 4) ATTACHMENTS A 9 PERMANENT & TEMPORARY EASEMENT EXHI B I TS B e GROTECHNICAL INFORMATION C . TXDOT PERMIT NOTICE AGREEMENT PRQPQSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABL E 0 F CONT ENTS PAG E 3 OF 3 Wastewater NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed p addressed to the City of Corpus Christi, Texas for: lHm37 / SESSIONS ROAR 12 -INCH WASTEWATER LINE WABILITATION consists of approximately 400 LF of 20 -inch diameter Steel C as3.ng to be installed at a depth of approximately 16 feet, approximately 430 LF of 12 -inch PVC wastewater gravity Line,. approximately 5 LF of 10 -inch PVC gravisty line, approximately 5 LF 8 -inch PVC gravity line; three (3) 5 -foot diameter fiberglass wastewater manholes; by -pass pumping to maintain wastewater flows; temporary traffic control measures (in TxDOT 1 complete and together with all appurfienarices; all work to be in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 29.00 p.m. on Wednesday, December- S. 2007, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Tuesday, November 27, 2007 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1.201 Leopard Street, Corpus Christi, TX. A bold band in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid band Will constitute a non-responsive proposal. which will not be considered. Failure to provide required performance and payment bonds for contracts over $ will result in- forfeiture of the 5W bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty aad no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt o f an additional (,$10.00) which is anon- refundable postage /handling charge_ The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer,° "workman," or I'mechanic" employed on this project. The City reserves the right to reject any or all bids, irregularities and to accept the bid which, in the City's o advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS to seems W11Ve most /s/ Kevin Stowers Interim Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OE INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates Per Occurrence /Aggregate Commercial General Liability including: $2,000,000 COMBINEb SINGLE LIMIT I . Commercial Farm 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 56 Products /Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 80 Independent Contractors 9.0 Personal Injury AUTOMOBILE LIABILITY - OWNED, NON -OWNED $1,000,000 COMBINiED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABYLITY/ $2r 000f 000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE REQUIRED Not limited to sudden & accidental X NOT REQUIRED discharge; to include long -term environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6,--,11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B- -6--11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED NOTICE TO CONTRACTORS- A Page 1 of 2 • The City of Corpus Christi must be named as an adda.ta.onal insured on all coverages except W orkez's comipensation liability coverage. � The name of the Project .znust be lasted under "description of operations " on each, certificate of insurance. • For each insurances coverage, the Contractor shall. obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material. change on any coverage. The Contractor shall. provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 of the General Provisions or in the Special Provisions section of the contract. A completed "Disalasure of Interest" must be submitted with your proposal. Should you have any questzons regarudaiffnag ansumance x 0 please contact the Contract Administrator at 88Q -3500. NOTICE TO CONTRACTORS- A Page 2 of 2 NOTICE TO CONTRACTORS -- B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires others providing work or project must be se 1 f - insurance. agreement. that most contractors, subcontractors, and services fog a City bL illdi'Lna oi construction covered by worker's or an approved compensati.on insurance, authorized worker's compensation coverage Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the jab s ite) to provide 1 of the 3 forms of worker's co mpensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any tine, including during the maintenance guaranty period. Motor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article 6f75c, and which provi'de accidental insurance coverage 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 Texas Admi'nistrati've Code Title 28, is attached and deemed incorporated node that under section 110.110. 0 W21th all applicable provisions of Section 110.110, a copy of which into the project contract. Please 10 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; 2. The Contractor i 3 required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor a-s required to obtain and submit updated certificates showing extension of coverage during the Pro]'ect and 3. The Contractor is required to posh the required notilLce at the j ob si'te . By signing this Contract, the timely comply with this Notice Contractor certi'fi*es that i*t W1'11 to Contractors "B" requirements. NOTICE TO CONTRACTORS- B (Revised 1/13/98) Page 1 of 7 8/7/98 i i isle ? S. I: SLI C E Para I TEX..A,,,S `'4 "ORKERS' CON.#IPENSATION COM�MISSIOMN CJjaprer 110. REQUIRED iNOTICES OF COYTRAGE Subchapter B. MP O'xER tiOTICES f r u�in� Reauiremeurs o3ding 11Q.I10 Repo§ Entities P-0 �U e I k � 1 0 or Construction Projects for Governmeutal (a) The toilovnne wards and terimb, when used uz this rwe, shall rive the following mean ings, unless %WMW the contexot ciezrly in dicates ou`�envise. Tghmoms hat de5nec in :his n.ie shall have the measuu� O'C'ned in the T Labor Code, a so aefine�- 0. 1} Ce1DV . ur nce, s ee:ticate or aumOrlry � - oz a c�IIC3Le CI o ce�e c' •- Cert to s sued bv the co ru�issien, or a workers ' CC inoe:isaLen coverage aueement (TWCCw8IB TWCC,m,821P nVCG83, or TlrvcC -S4), showing statutory workers' co mnensauan insurance coverage for the person's or enur�s e nV10yees k inciucing those subject to a coverage a FSeement) providing services on a project, fflr the duration of tie project. M Ir ar 0 a {2) Bul"Idin� or cons= c:iOil -f13S tne iTle».T'.i.►1° denned in the Tex r_s Labor Code, § 406,006(e)(1). 0 (3} Contmctor -� person b'dd'vng ror or wxarded a building or co :uuuction project by a governmental 4" enatv,. 00, (4) Coverage -- Workers` comDens on a" z ce sheeting Lhe statutorvrequW re ents of the Texas Labor Cade, § 401.0 11(4h). (5) Coverage aereement -A written avxeo r " ent on f 2, form TWCC&329 fo Twccsj, or To IW C C841 filed with the Te:cas W ork ers'ComD4. easation COmmission w C1 e h e a r elationship between the parties far purposes of the Texas Workers` Compensation Ace, ursuant to the Texas Labor Cade, Chapter 406, SubcEzapters F a nd Cr, as one of e mp[ayerlempiayee and establishes Wb0 will b e responsible for providing workers' comper yntl o n coverage for persons providing semces on the project. (6} Duration ac she prolectqw~ Includes the ti me from the beginning ot worK on the project Unrii r�.e work on the project his begin compie.ed �.a acceat�� by the zoveLn•nental entity. (7) Persons rrovidine Sear%ICmS Orl she Droieewr all u. 3 X06.096 of the, Act) -��r� �e exception or persons ex. ,U3ed under sUDSeCUOus (h) and (I) of this S(CU0n, inc ludes all persons or entities p all or part of the services the wntractor i�as undert aken to perform on t he p "W regardless 04P W hesher that peo!"son conuacte� directly with the contractor and reizardiess of whether that person h as e ma3oye�s. T l'�is includes but is not I united to inaeae:�deni contractors. su f M-ging comvames, motor carriers, owner - operators, e mployees of zny such entity, or MP loy .. any entity f ning persons to perto�n services on the project. "Services" includes but is not UndliteCj Ar :JOTICE TO CONTRACTORS - - Revised 1/13 /set g/7/98 htt11 o:i/ www.scs.state.rx.l:s/tad28/IU1 i OB /110, 0.html Page z oe -r F _ ("0' T3 +� 3 a ize 2 6 %MMIF F f i M I+ * i i a . a - 6 4 . L 0 D 4"ar% �- y �..�a #�� ecuivmenrr or 'r " r� �n air .. * cri. ra VW %no i + f E r t + S ep .s L ro j e nog � �� ro f L fo o ej OW e I Ot * YE W ■ F * M r4 T AM � �dL REM 46, � � IV (8) PrCTe�. --�: :dudes the cro:-isian or ai� services r�izred to a cuLlcinQ or construcrion c%J..";:act for a o v e I, r n uC% : : =' enutylw {b) Proviaur.rzol or causing to �e provided a cer==e ot coverage pursuant to this rule I'S z r eprese:; *,z;;,;:: ov the insure~ :,hat all employees of the insure wno are pro�naing services c n the project %."e c.^..-wvered by ~pricers' compensauon c That the coverage Ims based OLI prover reporrmc oi ci,�ssifieation codes and payroll arnounts., and that aia coverage aiueements have been filed with L.c aucropn* e insurance carrier or, in the case o ." a s elf- areaT ~lift the coa-Uln'sS ion's Division of Sel#M&- �,sur��ce Reizuiatiar o�ncmg false or rmsieaaing c r:�cazes or coverage,, or :,amng to provide or au 4am requires coverage, or failing to report any C 1=Zeth materially a..aecZthe provision of coverage may rjoje the contractor or other person providing services on the project to admrustrL,ve cen l ti esJ criminal penalties, civil pe"Mi u esT or other c:vi.l actions. (c) A izovel^� �:�tal entity tnat enters into a b uildi;.z or coUStrucL'ton contract on a projecT. s� :all: (1) include i 141e bid specuicauons, aU the provisions of paramon' (7) of this subsection, USM9 the language required b Y, P ara -aDn (7) of this subsee:ioa; (2) as part oLlIlt.11c contracr., us g the language required by para %W*ph (7) of this subsec"`or4 require &.%e contrav,or to perfo rec. u L*re d in subsection (d) Ot" this section; {3} obtain nrcrn the contractor a certificate of coverasze for each permson providing services on the p prior to that person beun=g work an the project; (4) obtain freat the conu'actor a new certificate of coverage showmg extension of coverage: : %&& (A) before t r.. e nd o f the vurent coverage pe no U L d., e co ntractors current certificate or coverage shows that -�ze coverage pe.r4Aod e ads during the duration of the uroi*ec1:" and {B} no inter t0 p.zn seven days er the expiration of tie coverage for each other person providing services on the project whose current certificate shows that the coverage pen*od ends during the duration of tie project; (5) ret cates of coverage on file for the durauon of the project and for three years Thereafter, (6) pro"ce a copy of the ce7ancates of coverage to the commission upon request and to any person entities :c then oy law; and (7) use the lanzuage cont aineL in the following Figure i for bid svmqecuications and contxacts. ���irhout any addiriona.', wards or cn szes, except those requirea to accommodate the specifir, document in which they arom contained or to izripose stricter standards of documentation: Teas I 10, 11 0(c)(7) tbI NOTICE TO CONTRACTORS - 3 Revised 1/13!981 h 1103 1I ]0.'I 10, ht rrJ Pare 3 o 7 �� /0g �� TIC 11Q.110 .'} A contractor Sn:Utj: NO Page 3 ot 6 i) provide coverage for its em1iioveews � servic^s an a project, r tne duration of the Projel... used on grope: repom z or CI ass:"cs:ion codes end p :47CiI amo =ts : 2 of any coverage �areements; fto ;;?� provide a certificate of covcr az^ snowing workers' co vens on cove,,,,aze to the govemmental �ariry prior to beginning work an Lqe 9%rofect; (3) provide the gove.�nmental enU�., p. ^:or to the end o f the coverage P eied, a new c ertificate o f cOvecage sowing extension of coverasze, if the coverage period shown on tne contractor's current : ..Wrdficate of coverage ends durwA,2 Lme duration P 03 of the rect; (4) obtain from each person pro viding services on a project� and provide to L'�e szoveL-1-M-nental entity: fto (�) a certificate of coverage, prior to that person bem,,9Un_,n_Sz work on the protect, so the governmental e:�tiry will have an foie cerdficates or'coverageshowmg coverage for ai! pe*:msons providing services on %WPF .:.e p roject; and (,B) no I oter than seven days after rep%eipt by the contractor, a new certificate of cove rage showing extension of coverage, if the covemize period shown an the entreat c ot coverage ends during the duration of the proj"ea. {5) retain aii required cCAtificates or coverage on file for the duration of the project and for one year thereafter, (6) notify the govemmental entity in wnting by certified matt or personal c4ela"very, within ten days after the cornractor knew or should have Y"zpown, of any change tlj�vat materially aaects the provision of coverage of aziy person Providin9 se:via"s on tie project; (7} post a notice on each project s : =e uuorming all persons providmg services on the project that they are required to be cover exi, and stating haw a person may verify current coverz. e A report faHure to provide coverage. This nonce does not satisfy other po g requirements imposed by the Act or other com-mission rotes. This no nce must be pr!"nte�ci with a title in at feast 30 print bold type and text in at least 14 point r- M__ - type, and snail be in both English and Spanish and any other I MVru age common to the worker poptiiatioa The text for the notices shall be the foliowin$ text provided by the commission on the sample notice, •without any additional wor d s or changes: REQUERED W0RKF2%h4S' C ONTEN S An ON C OVERAGE "The law requires that each person working an this site or providing services related to this co tuction project must be covevea by workers' comtens ion insurance.::�s includes persons providing, h Umg, or delivering equipment or materials, or providing labor or transportation or other service related to the project, reizarcless of the identity of their employer or status as an loyee.," IP "CaCI the Texas Workers' Co cnpersztion Commission at 512 - 40 -3789 to Ne �eive information on the legal requirement for coverage, to venry whether your employer h P roviced the required coverage, o r to rep ort an employer's failure to provide coverage." NOTICE TO CONTFWC?OR5 B `::tp: / /ww«r.sos. star e. tx _us /tacJ28lII/IlOBJ110.1I4.html RevIsed p $��g8 i*jaee 4 of 6 %Me T ra, i &.Pv C 0 a f { + + *q i son %viin ivrLc m,. o � l i# a Cq'FL IV � � % ire^�� i C 4MO 6JL *A f it {A} provide c�over=e o ases on Drover re"orci:.� of ciassinr,auon cases and vavroii anvlwzunts and filing me of any coveraze agreo%.44 : er.:s tor aii of lips e P rovide ^� se�Nices cn the proi,"Lrq00-0 , _Or t he d uration tow of the �i�Jec�; (B) pro.Nice a C �rtifica�e er C over��e to the con :.-actorDmor to text person )emnnu u^° •.�oric o n the proje... ; (C) cluce in all M nu'acis to pra�1de servicws cr, the p roses: t_`:e ianizua�e in suc)set%..%Aen (e } {3) of this secuon; (D) provide the c , prior tv the end of :ro coverage per4oa, . a new cc rtinc: =�e of coverage showin!z exetensian of coverage, U the cove raQe period shown on the surreal cer=c*.,,.e of coverage ends during the duration or V t h e project; (E) ob tain irorrx each other person wirh whom i. c�ntrac:s, and n:ovide tO the co rrr r act or: CI) a cevtiticate of coverage, prior Lo the outer tw%evrson be $zl nninQ worm on the pr0Je� {'d) prior to the sad of the coverage period, a nevv certifi cate of coverage showing ex.ensioa of the qME* covera9ze period, if the coverage period shown on the current ce:iiucafe of covera2e ends dunng she duration or the project, (F) retain all required cenmcates of coverage on n"!e for the durauon ot �e project ana far one year thereane&; (G) noury the ove Mn er htai enuty in writing by ce�ufied m or Personal delivery, vkithin te n days after the person knew or should h ave kn Ovls Ot ny Ch ge that materially affecTs Tk, e Va0vislon o€ coverage of any person pro v,ding Services on tne praj ect; and (H} c r �.:ch other Berson wits wham it r to perform as re ��� bY subparauaphs (A)*D of this p=graph, with the certificate of coverage to be proviciea to the person 0 0 for Who they are provi* 9 services. (e} A person providing services on a pro�eci, other than a coulv2ctor., shall: provide coverage for its emploveles providing services on a project, for the d�r�rion of the project 0 b red on proper reporting or clzssincation cases and payroi� amounts and (fling ot �y co verage MqAW agreements; (2} provide a certificate oz coverage as requreta *"01 prior to beginning work on the project; L) its contract to provide S ervices on the Project, 4 (3) have the follommg I an�uage in its contract tO provide services on the project: "sY Sz�� �� co ntract or providing or causing to be Qrovided a cc, ificate of coverage, the person signing this contrairL is representing to the govemmental entity that a31 e mployees of the person sq,zning this contras: wno will provide services on the project will be coverea by workers` comoens on covera�e NOTICE TO CONTRACTORS - B RevIsed 1/13/98 8n198 http:fl%1w - so s, state. rx. uS/tac/28/1/1 ]OBIT IO.I1fl.�1 pays 5 C 7 rake � oi o I M ft ior t.^ a0 uoa of w.e oro i ect, the c a •: e:aee will be ��ea on proper reporting o ft ciassiucation codes ara payroll asnauncs, and th covnrage aveen4^1n.s w�iii be fled Vtathe zoorounate iz�surw.c� carrier or, ::. the case of a s elf- irst:reri, wirh tre corunissian's Division of S el% Insurance R eQt:iatioa. Providing faire or misleading i:�on�auQa may subject the co ntractor t o a dministrative P e r eSq CS i= al e"aites , ci vil penal ties. or other civil ac=ons. (4) provide the person for whom it is Proviamiz services on the project, prior to the e nd of the too covemize period shown on its current Cetiacate of coverage, a new cc rtificate snowing exLension or coveraize, iz the covevrage period shown on :he certificate az coverage ends during the duration of the project; (5) obtain =OM eaCn Gerson proviaing s ervices on a projec� tinder contract to it, and provide as a. required by its contract: (A) a certificate of coverage, pnar to the oL�er persaa be?in work on the project; and (B) prior to the, end of the coverage penoc, a new c cate of coverage showing extension of the coverage period, if the coverage penod shown on the current celrificaie of coverage ends during the durauon ot project; - 0 (6} retain all requLrea cer=cates of coverage on fiie for the duration of the project and for one year thereafter, (7) natiry the governmental entity in writing by cerdfi ed mail or personal delivery, of any change that materially affe= the provision of coverage of any person providing services on the project and send the notice within ten days after the person mew or should have known of the change; and . r (8) contactually require each other person with wham it contracu Lo: (A) provide coverage based on proper reporting of ciassificatian cedes aztd P ayroll MM" auats and fi 0 n 9 of any coverage Zxrea.mens for all of it employe providing services on the project,for the duration of the ec pr ojt; ($) provide a mrtfi .1e pf coverage to it prior to that other person beginning work on the project; {C} include in all contracts to provide services on the project the language in pan&U44ph (3) of this subsectioa; {D} provide, prior to the end of the coveraize period, a new certificate of coverage showing extension of the coverage peno(, if the coverage P e:iad shown on the current certificate of coveraixe ends during the dur on or the project; (E) ootain tcontract eacn other person under ices on the project, and a to it to provide servpro�ne as required by its contract: ('1') a cert ificate of coverage, prior to the otnelq,, person be einnisig worst on the project; 2nd (&u"') prior to the end of the coverage period, a new certificate of coverage. showing extens'On of the coveraze penod, if the coverage period shown an the, current certificate of coverage ends during the awo http:././vrtww.sas.state.::c.us/tac128/IUi I 0/BII 10, 114.htmt NOT ICE TO CON tRACTOR5 - s g/7 /9g Revised 1/13/98) page 6 at 7 Page b of 6 Ak, I Us. I IU duration ci *:ie conwact: (F) retain all required c: or coverage on zee for the duration c1p, t: ~.e project and for one year t h e r ea n' e:; {G) nomy trie governmen4,zt ="Stlty in writing ay cc,,,,,m=ea maid ar pe:so� delivery, within ten days er the peqrson knew or snould have known, ot any chaaige Thai m affects the provision of coverage of any person p roviding scrvlc the pr oject; and {H� c oncractuaIly require e :ch Vel"Son with whom 1Jt contracts, to Periorn as required by this - subparagxapa and b para�sanixs (A) -{G) o �'t�is p araQSaph, with the ce,,tincate of coverage to be provided to the person for whom they are PrOvI 9 services. (f) If any provision of this rule or its application to any person or cxcl.:anstance is field invalid, the invaudity does not affect otner DrOVIS10ns or applications of this rule that can be given effect without OF she invalid provision ar applica�or�, and to tEus end the provisions of this rule ate declared to be severable. {g) This rule is alDp3icable fir'vuiid'en� or consuucuon conwacts aavermt,,sea fir b'i'd by a gover=ental September 1 1994. This rule is also applicable far those building or con�suuction entiiy on or afres c ontracts entered into on or aver September 1, 1994, w hich are not reau& xed by law to be advertised for bid. (h) The coverage requweneat in this rule does not apply to motor caz:iers who are regeured pursuant to Tex as CIVU Statutes., Article 6675c , to r eQistcr vnrh the Texas Dena=ent of TraMPOrtation and who provide accidenW insurance coverage pursuant tO Texas Civil Statutes, Article 6675c, § 4G). CI) The coverage requirement iri t h I z rule dots not apply to sale proprietors, partners, and corpora te officers who meet the requirements of the Act, § 406oO97(c who are eXTUdtly excluded from coverage s n accordance with the Act, § 406.497(x) (mss added by House B 1089, 74th Legislature, 1995, § 1.24). TIPlis subsecrion avpEies only to SOIC propnetors, partners, zad co rPorate mecutive officers who are excluded fro in covem9insurance inirance policy or cenificate a f authonty to self, insure that is deul.'D ve ed., issued for delivery, or renewed on or after January It 1996. Source: The Pr0VM0ns of this � 110.I 10 adopted to be effective September 1, 1994, 19 TeX]R-%,%.g 5715-s 9 arne n ded to be effective November 6,, 1995,1 20 TexReg 8609. Return to Section Index h itp:/l www.sos.state.tx.usitac123/II/1 I OB /110.1 l0.htm NOT I C Z :O CON TRACT OR S - 8 Revised 1!13/96} Page 7 of 7 817/98 PART A SPECIAL PROVISIONS IH 37 /SESSIONS ROAD 12 -INCH WASTEWATER LINE REHABILITATION Project N097377 S$CTION A - SPECIAL PROVT3IONS A,wZ _ Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement 0 inviting bids for the Project. Proposals wi7.l be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, uati]. 2:00 p.m., Wednesday......December 51 2007. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1207. Leopard Street Corpus Christi, Texas 78401 ATTN* ISID PROPOSAL - IFE 3T /SESSIONS ROAD R EHAHILITATT4N. 12 -INCH WASTEWATER LINE A pre -bid meeting will be held on Tuesday, November 27, 2007, beginning at ].0:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Ball, 1201 Leopard Street, Carpus Christi, TX, and will include a d iscussion of the Pro]'ect elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by. the City. m6m� MMRMF A -2 Definitions and Abbreviations Section B---,l of the General Provisions will govern. A -3 Description of Project 1H 37/SESSIONS ROAD 12 -INCH WASTEWATER LINE I-R-BEUOILITATION consists of approximately 400 LF of 20" Diameter Steel Cas3o-ng to be installed at a depth of approximately 16 feet, approximately 430 LF of 12" PVC wastewater gravity line, approximately 5 LF of 8" PVC gravity l approximately 5 LF of 10"" PVC gravity line, three (3) 5' diameter fiberglass wastewater manholes; by -pass pumping to maintain wastewater flows; and temporary traffic control measures (in TxDo t R together with a].1 appurtenances, in accordance with the plans, specifications and Contract Documents. A -4 Method of Award the bids will be evaluated based on the Tots]. Base Bid, subject to the availability of funds: The City reserves the right to reject any or all bids, to waives �.zregtilarities and to accept the bid which, in the Ci ty I s opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal; 1. 5g Bid Bond (Must reference IH 37 /SESSIONS ROAD 12 -INCH WASTEWATER LINE REHABILITATION as identified in the Proposal.) {A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.} 24 Disclosure of Interests S 3. The information required and identified by Sections A,-,28, A -29 and A -30 of these Special Provisions *. *In order to expedite the A/Els recommendat ions for award, Bidders are to provide the requested information with their Proposal. Section A - SP (Revised 12/15/04) Page 1 of 20 A,W,k5 Time of CAUG116etion /Liquidated Damages The working time for completion of the Project will be 60 calendar days.,, The I MOMME& Contractor shall commence work within ten (l0) calendar days after receipt of written notice to proceed from the Director of Engineering Services or designee { "City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of ].iqui.dated damages due the City. A -7 Workers Compensation Iasuraace 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 meting the requirements of this Contract is not in effect on the ef f ective date o f cance 1 lation of the workers compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers compensation insurance coverage must nod perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractors workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even. if the permitted time to complete the Project has not expired. In accordance with ether requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Amok a Taxed Frq ,posals FMMPMMM� Proposals faxed d3,rectly - to City will be considered non responsive. Proposals IF must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowle4oent of Addenda . W, 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 Wage Rates (Revised 7/5/00) EMIMPW Labor preference and wage rates for Construction Type (s) Heavy. conflict, Cont ractor shall use higher wage rate. In case of Section A - SP (Revised 12/15/04) Page 2 of 20 Minimum Prev 1 a iing wage Scales The Corpus Christi City Council. has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, w and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record. showing the names and classifications of all Laborers, workmen, and mechanics employed by therm 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 worked in holidays. Hours 11 6 ) excess (See (1M) times the of 40 hours in Section B -1 -1, specified hourly wage must be paid for all hours any one week and for all hours worked on Sundays or "Definition of Terms ", and Section 8 -7 -6, "Work:Lng "Definition a I A�11 Cooperatioxx W10th Public SLenci M es (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- 0 eight (48) hour notice to any applicabl.e agency when work is antcipated to proceed in the vicinity of any facility by using the Texas One-Call System DIG TESS at l-,,800,--344-8377, the Lone Star Notification Company at 1m--800-,,669-8344.,, and the Southwestern Bell Locate Group at 1- 800 - 344 -7233. For the Contractor's convenience, the following telephone numbers are listed: City Engineer.. .. . .. ..,,,., 826 -3500 0 Project Engineer .......................826 -3500 A/E Project Engineer, Bhaskar Patel., P.E. Wastewater 826 -1800 (779--,5903) Streets & Solid Waste S Traffic Engineer .......................826 -3540 Police Department ......................882 -1911 Water Department .......................826 -1880 (826 -3140 after hours) Wastewater Services Department 826,-,1818 (626,-,3140 after hours) Gas Department .. .......................895 -6900 (885 -6900 after hours) Storm Water Department .................826 - -1.881 (826 -3140 after hours) Parks & Recreation Department 826,,-3461 American Electric Power Co. (AEP) ......299 -4833 (693--,9444 after hours) Southwestern Bell Telephone Co. (SBC) ..$8]. -2511 (1- 800,--824,,,4424 after hours) Signal /Fiber Optic Locate ..............857 -1946 857 -1960 Cablevision ............................857 -5000 (857 -5060 after hours) ACSI (Fiber Optic) .....................887 -9200 (pager 800- 724,,,3624) CenturyTel ..... ........................225 /214 -1169 (225/229- 3202(M)? ChoiceCom {Fiber Optic} ,,,,,,,,,,,,,,,,gg1 -5767 (Pager 850,,,2981) CAPROCK (Fiber Optic) ..................512 /935 -098 (Mobile) Brooks Fiber Optic (MAN) 0 0 ..4 .4 .6 .4 4 ...972 /753 -4355 A -12 Maxntenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work a s normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. Section A -m-w SP (Revised 12/15/04) Page 3 of 20 However, the accuracy and completeness of such information is not aranteed. It "IS the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility servi'ces along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not shown in the drawings, the'Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price . All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are 'inter fered wa.th (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface, and the Contractor must pay for all fines and remediation that may result if sewage or other J.a.quid 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 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All - weather access must be provided to all residents and businesses at all times during construction. The Contractor must pro-vide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project side to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. 0 The Contractor shall comply Standards and Practices as available through the City's secure the necessary permit With the City of Corpus Christi's Uniform Barricading adopted by the City. Copies of this document are Traffic Engineering Department. The Contractor shah. from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made t o Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor sha7.]. keep the adjoining streets free of tracked and /ax 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 lines must be cleaned at the end of the work day or more frequently, if n to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewers is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be f illed with c lean dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - SP (Revised 12/15/04) Page 4 of 20 All existing concrete and asphalt within the limits of the Project must be removed pr unless otherwise n All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items; therefore, no direct payment will be made to the C A-16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to the C A -17 Field Office {NOT USED) A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days,.. This plan mast detail the schedule of work and must be submitted to the City Engineer at least t working days prior to the pre,,., construction meeting. The plan must indicate the schedule o f the following work items. �.. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2.o Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first workday of each week. 3. Submittal Dates: Indicate submittal elates required for all submittals. 4. Re- Submission: Revinse and resubmit as required by the City Engineer., 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual ' progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawang s may depict but not necessary include: lines, slopes, grades, seetians, measurements, benchmarks, baselines, etc,., that are normally required to construct a project o f this nature. Major controls and two (2) benchmarks, required for project layout, will be provided by the City or Consultant Proj'ect Engineer. The Contractor shall furnish all Tines, slopes and measurements necessary for control of the work. If, during construction, it is necessa to disturb or destroy a control. point or I -- benchmark, the Contractor shall provide the City or Consultant Project En gineer 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 Section A - SP (Revi"Sed 12/l5/04) Page 5 of 20 points or benchmarks damaged as a result o f the Cont rac t or I s negligence wi11 be restored by the City or Consultant P roject E ngineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade Co properly execute the work, the Contractor shall obtain approval of the City or Consultant Pr oject Engineer prior to deviaation. If, i.n the opi'nion of the CILty or Consul tant Project Engineer, the required deviation would nece ssitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shad tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. The Contractor ishal l provide the f ollowi s ng cert�.£ication for documentat ion and verification of compliance with the Contract Documents, plans and specifications. Said compli ce certification shall be provided and prepared by a Third Party independent Registered Professional Land Surveyor (R.P.L.S.) licensed is the State of Texas, retained and paid by the Contractor. The Third Parry R.P.L.S. shall be approved by the City prior to auy work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the miuimwn schedule of documentation required: i i � PF i i< i i i = i i i i< i i< t ■ ! _ • RWAW 4W RIP AWL _ 11F= i i. i i i i. i i s M, O IN! 41 JP Wastewater• • All rim /invert elevations • All intersecting lines in 11 � Casing elevations (top of W = 1= a r-,46, at manholes manholes; pipe and slow line) (TXDOT and RR permits) . � _ �•R i i i•Y i 7h Wrb IPML W �� ! �J f 4 7 ! i i i ri i• ARE t i �i 1� •••• i i h ! oil oil _ 4111 4 _ A3 3 1=2 X =6 W 1= - - - d= 3- n t: 14 01 ml F cim C13 =� 9= a 3 9z-Mt3:= k: A im= Q 41m o% db� doak 9C Waft Mh 9k1"k ds"L :E 3 %0-% 3 f A -20 Te s t ing and Certification All tests required under this item must selected by the City Engineer. The cost the City. In the event that any test corrective measures have been taken, and Contractor and deducted from the payment be done by a recognized testi'ng laboratory of the laboratory testing w ill be borne by f ails, that test must be done over after the GOSH of retesting will be borne by the to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 ProM 3ect Signs (NOT US8D) Section A - SP (Revised 12/15/04) rage 6 of 20 A »22 inori ty /Minor ity Business Enterprise Participation Policy (Revised 10/98) I',. Policy it is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities , women and M inority Business Enterprises to participate in the performance o f contracts awarded by the City of Corpus Christi in support of Equal Em ployment Opportunity goals and objectives of the Affa.xinative Action Policy Statement of the City dated October 1989, and any amendments thereto,,,,, In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2a Def in itions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. bo Subcontractor: Any named person,, f partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract., c. Minority Business ]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 niinorities. Minority person (s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter Sat forth: I * Owned (a) For a sole propr ietorship to be deemed a minority business enterpra"'.se, it must be owned by a mienork-ity person. (b) For an enterprise doing business as a partnership, at ].east 51.4s 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). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case maybe, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: Sae def inition under Minority Business Enterprise. e. Female Owned Business Enterprise M1 A sole proprietorship that is owned PMMEMERMW 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 Section A - SP (Revised 12/15/04) Page 7 of 20 3. 4. corpo ration at ].east 51.0 of whose assets or interests in the corporate shares are owned by one or more women. fo Jo int 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 staffed MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% If interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture mush have either financial, managerial, or technics]. skills in the work to be performed by the joint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority, Business Enterprise (Percent) Participation (Percent) 45 15 �S b, These goals are applicable to all the federal participation) performed in change orders. The hours of minority »niform throughout the length of the transfer of minority employees from project to proj'ect for the soles purl percentage is prohibited. Compliance construction work {regardless of the Contract, including approved employment must be substantially Contract and in each trade. The Contractor to Contractor or from 3ose of meeting the Contractor's a. Upon completion of the Project, a fins]. breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment an the Project, the Contractor Will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Ins2ection ReVired (Revised 7/5/00) {NOT USED) MMMMMW qppi�qq I III PMMMW� t �S rt i i Oft i i i. i i■ i i 40 i i �•F 1 ■•i t = ■ % %Mr Wr �� i OF MW Wr OF i i Ar P% s LM% i i i i i t i tr R # 41, 1W t �Mlp •rr 9W L M& 4 4ft i A&L a 4ft ri j& i i i t t i �Am mWj� i • mO JALW-p MW bm qW 9W Mr Rr 7 s = � � i i �F # i i< i i i i< i i i i �••� _ f OW OW 0=11SWWAm ■� � i � i i i i i ■�i � iR � i•i i i�F � i • �� qP VM My i s s i = ;M i M. r = i *h 4 T i �•. -,Tr �••r i i & ,&% i � i w r i i i i i i i AWL I.4 i i dF s i s = i i i 401F � ! ! f +� 9 mk� do f a ^ M M W - ; Mp W r dr I& -W or i ■ ■ iii �f i. i � = a i � � i i i i F f �� � � t f F a■ w � i � � � i i i i. � WWrr 9W I i Wr Secti'on A -m- SP (Revised 12/15/04) Page 8 of 20 A -24 Surety_ Bands 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 Surely Company has reinsured the portion of the bond amount that exceeds ten percent (10%-r) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed den percent (10W) of the reinsurers 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 reinsures 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 band 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 $140,000 from a reinsures that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsures must be listed in the Federal Register as ho lding certificates o f authority on the date the bond was issued." A -25 Sales Tax RxemptzLon (NO LONGER APPLICABLE) (6/11/98) 4� Q E =% %,% :■ .6 1 M 3Z -wm 4imm -v r a---% Z.Z 4-w v ir CA CZ --i e% 4m = 3 1:1 =1 Am M! = :1 r. g� a I 0= Cut: An 13124 A 0= r: a, L% IF QA=1: r= 12h 4W nr% o-%^ W% O====At:i=d e4mmi==Mat: =e% --VM-tj=C1 i' i ■ i i ■ * # � 0-M -q q 04 tM%_40% %OM -%0M.0% or V 6w 3 - 3-,m 9=h= n Q 3 =I .j %,& L, %A� A, &.0 L-�� L I Y -jko %Wo &P Lo %oV& 16 L IL& "n� %w -%.e Amf a JL%WP %WW %OF I %It) %ad AN %e M16 W16 %.FF am 11111 r7 TF T i i M � v i s i s t i W6 1 i i q% + dM i i -MP Wok IV m.Wm�� t � 'T.. WFi-W..a% WF i f i E L -w% ia. 3 3 *P-P� a= 3 3 =0 *:A V ch M J= = M 19—& M 1= :3 qp% acll a= a i a a %.N* NEF %WF A. A. %0 Awr %FF %WF _LF ffnbkdob a %Or -9" OMP bur %Wff AM %.& Dwa %W% ;J6 11--e 4=-=" E-4 on i= en. f=13= t;]MM 2 =-- 3 ZZ 3 = 033 9M pol =a== 3 Am :E A APE% PON 41 -% VM Section A - SP (Revised 12/lb/04) Page 9 of 20 A -26 Sym 1 ement al Insur ce Recrui rement s For each insurance coverage prov:Lded in accordance with Section B- 6-11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, s 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 writken not ice of cancellation or m at e rial change to: 1. Name: City o f Carpus Christi Engineering Services Department Attn: Contracts Administrator 2. Address: P.O. Box 9277 Carpus Christi, Texas 78469-,..9277 3* Number_of days advarice notice: 30 The Contractor shat.]. provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days alter the date the City Engineer requests that the Contractor sign the Contract Documents. Within thirty {30} calendar days after the date the City Engineer requests that the Contractor sign the Contract D the Contractor shall provide the City Engineer with a certiLficate of insurance certifying that the Contractor providers workers compensation insurance coverage for all employees of the Contractor employed on the Project described in the C For each insurance coverage provaded in accordance with Section ]B-6-11 of the �- General Provisions, 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 8 -6 -11 (a) of the General Provisions, the Contractor shat.l obtain an endorsement to this coverage stating; Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, "Its agents, servants, or employees or any person indemnified hereunder. A -27 Resp�onsibilit for Damage Claims (NOT US�D) c1b % eMN lal i f i ■ A = QX I=== %ME %We -&- Cm 4w& i i " a 4 f= tz In 0- MI en r.%:t X 1= 9:� 9==VR --- ME 1= h C! lni= i= =4 NO& NFF V Akro A. 1VWL'!j Nod- J---NW Aw UP %pr %0 %wr mLr bl 1%0F AIN %WF a &'%WW %WW %MF a 4L %MF Elm %F06 %OF %W VF U, %M� a a.%^ J6 %m-+ mJ6 U4 %A 4W6 ALA %=I 41L &%We Eia %i.P J6.d6%mpP Nwr "-L& I V F' 4 . - - 11111111IM13 I ei 4 gnk_ TM.1 =L f j = n I J=Llm dQ= I: zz a f= = 3 3 = i= 3" le:t :3 = ll A 3 1 j=:j= jr% %ppl t: j=j hQCj=2=r elIF3 2 = L "a 3 1 A M AMPF %Nor ke am -%,e %M, Ve %,,L %,or ^ -a Affl %N&. WNW -W" %& %NF 46 i�� 4L% =&& 6MO J'&l NNEF W& a" a A &;;f IMP f"- & M&* M& %00% %=I Mffw� I%Mf 1& 46: &16 %W -%^ %.so _%.A %.M* Ab.0 Ab.# V %ber AV 11W la 3 Q M12 a X—V i - 4= at= h= M 4 4:11 t: i 3 U Ab K %.0 = = zmak d %WF MLM Amor J6 a %A6 -M6 .6- A a 1�0 %4 Ap %wr %1A_ NwINVA; %A& a J112 3 1 #MIA oftcl jV%=9zkZX4 cl j Z�k im XMIM- a 3 -P%:n e4 ez =:t r ex Section A - SP (Revised 12/15/OA) Page 10 of 20 A -28 Considerations for Contract Award and ecutJoLon 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 require a bidder to provide documentation c - 1.0 whether any liens have been filed against bidder for either failure to pay for services or materials supplied aga'nst any of its p rojects 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 Tien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of -its projects begun 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 parry, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Proj*ect, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: ].. The superintendent must have at least five (5) years recent experience in field management and oversight of proj*ects of a similar size and complexity to this Project. This experience must include, but not necessarily be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal. process, federal and state wage rat requirements, and City contract close-out procedures. The superinte3Ldent shall be present, on the job site, at all times that work is being perfor1-1-1ed. 2. Foremen, if utilized, shall. have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements Will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contrast for this Pr oject. If such approval Ins not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administrata.on 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 s ta f f fox this Proj* ect during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to Section B,--7,,-13 of the General P Section A - SP (Revised 12 /15 /Q4) Page 11 of 20 A -30 Amended "Consideration of Cont ract Requirements Under General Provisi "General and Requirements Section B,-,3-.,l "Consideration of Contract ", for Municipal. Construction Contracts", add the following text: "Bidders (based on the Total Base Bold or Total Base Bid plus Additive Alternate No., 1 or Total Base Bid plus Additive Alternate No. 2 or Total Base Bid plus Additive Alternate No. 1 plus Additive Alternate No. 2, subject to the availability of funds) must submit to the City Engineer the following information: i'm A last of the major components of the work; 2. A lisp of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work, 4. A schedule of anticipated monthly payments for the Project duration; 56 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 MBA firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE.., If the responses do not clearly show that MBE: participation wi.1,1 meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements i.s not reasonably possible; 6. A list of subcontractors that wi11 be working on the Project. This list may 4 contain more than one subcontractor for major components of the wont 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 a In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced duri*nq the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor wa.l.l result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13 of the General Provisians; 7. A preliminary progress schedule indicating relationships between the major components o f the work. The final. progress schedule must be submitted to the cl,ty Engineer at the pre- construct ion conference; 8. Document a t i on required pursuant t o Special Provision A,-, 28 concerni ng "Considerations for Contract Award and Execution" and Special Provision A-29 concerning "Contractor's Field Administration Staff"* 6. 1L i i �k i i i i �y ; i i i s i i• i6 i # # �' f 11 W n of 2WAIM 10 Submit irl letter form, information identifying hype of entity and state (i.e. Texas or other state ), Corporation or Partnership, and name(s) and Title(s) of individual s) authorized to execute contracts on behalf of said entity." Section A - SP (Revised 12/15/04) Page 12 of 20 A -31 Amended uPolicy on Ext ra Work and Change Orders" Under ��General. Provisions and Requirements for Municipal Construction Contractis °, Section 8 -8 -5 "Policy on Extra work and Change Orders ", the present text is deleted and replaced with the following, "Contractor acknowledges that the City work for which a change order has Engineering S e rvi c e s or his designee. the City Engineer may authorize change has no obligation t o pay for any extra not been signed by the Director of The Contractor also acknowledges that orders which do not exceed $ The Contractor acknowledges than any change orders in an amount in excess of $25,000.00 must also be approved bv the Citv Council." A -32 Amended °8xecutmon of Contract" Re irements Under "General Provisions and Requirements for Section B-3.,-5 `Execution of Contract ", add the Municipal f allowing: Construction Contracts" . "The award of the Contract may be rescinded at any time prior to the data the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, anc designees. Contractor has no cause of breach of contract, against the City, n, under the Contract, until the date the Contracts to the Contractor." Aw=33 Conditions of Work f City Attorney, or their authorized 1 action of any kind, including for Dr is the City obligated to perform 0 City Engineer delivers the signed Each bidder must familiarize himself fully with the conditions relating to the completion of the P Failure to do so will not excuse a bidder of his % 1 obligation to carry out the provisions of this Contract. Contractor is reminded to attend the pre -Hid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract Documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Speci icat f ions, and the General Provisions will be given Last precedency. :En the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation "Standard Specifications fox Construction o f Highways, Streets and Br Jdge s,11' , AS TM 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. 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W%Mv 416 &%r* v %Wr i I whw A J6 %WP %&.Or A.4 L& JL ZY VwL J., %A-Z-A-%wL ==cx= c� = = A E d= o 0 %A %.,r Nam J6 IL 1L%&O',W6 im*3 J= = a ClEx 3 3 3 v F, %,r 1,J DO Am %,4,d6 L I AA %,0 U A JLAJ =1= 11 L LP 316 %i=dpw IE0 a %or A JL%,f LWvkF A, 16, ize 11 Ma t: 'I me v 49E om A 3me3 - -i=g= 3 11' Aga i E 9 JE I M i V IP f OMM v env A= don 1E * -rnkal LO=013 i f -P7 Ua - olam 3 3 9% 3 ==:3 3 3 Lin -W &1. 46 =16 -%mop am kdr %mor a" 4" A%dF A& L L twL,& I AQ M In :3 %Inrc - - - T-OMM 3M L3 3:%"ft A==:1= SaL A = nt ZMQ 0 M 4-&i CIA rz IL-0 A JL%W-r 9%rf 46 IF W 54m# t 0:1Z 4%:W L :1 ON1 J:: 1* C% gJ3 J` a - Pit M===+'& %mr %Wr V %wr & 416 LiJ ff -9 %.OL AM* %.& am A& %.0 %a& 0;3 a IQ i= dah a C1 t: =,Mel E CM� = OWL 1 ..=-3 AM=f= %Mpm A a %WW M e4 AN =-=E:j 3 f :a -3 in 133nzat= UXA J6 mba %.r& a & %no - WV ML& 4.� it In CM grat -,W A - 2: Cnk on C51 X31 d t: In 1* in ==egba A%.& %6w& W.OL %do t =b O== M A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlinned below when processing Shop Drawing submittals: a. Quantity; Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one {1} reproducible transparency for all shop drawings. c. Submit Transmittal Forms: Contractor shall use the Submittal Transmitih-pal Foam attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original submittal number with an a 1phabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet 0 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, v eri f i cati on of Products required, field dimensions, adjacent construction work, and coordinataon of information', is all in accordance with the requirements o f the Project and Contract Documents. Section A - SP (Revised 12/15/04) Page 15 of 20 e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate 7 the submission of related items. f. Marking: Contractor must mark each copy t o identify applicable products, models, opt i ons, and other data Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor mush it3entify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. h. Space Re irementse: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals Contactor mush revise and resubmit submi t t a 1 s as required by the City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor moat distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, through C any inability to comply with provisions. 2. I I 1 l eg: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures,, and patterns for City Engineer's selection. 3. Test and ReRair Rp2ort lb When specified in the Standard or Technical Specifications Section, Contractor must submit three (3) copies o f all shop test data, and repair report, and all on�site test data within the specified time to the City Engineer for approval. Otherwise, the related e i ment will not be aaroved for use on the P A -37 Amended "Assaz4 em-ent and Charge for Water Fu rnished b the Cit " Under "General Provisions and Requirements for Municipal Construction Contracts", Section B -6 -I5 "Arrangement and Charge for Water Furnished by the City ", add the f 0110wing "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 wi11 provide a copy of the Plan to Contractor a t the pre,-- cons truc t ion meeting. The Contractor wi31 keep a copy of the Plan an the Project sitie throughout construction. 11 A -38 Worker's Compensation Coverage for Building or Construction Pro ects f or Government Entities The requirements of Notice to Contractors - B " are i F' ncorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) 6 a I r"k., -4 0-% 0 a ak =-fw-I-E 41 -- 4:� i= =1=34= n:==:I N: Rab= :1 M. AiMMO At: ri aL 4& &%NF E" *=I bmw %M& %WI& a& %M& %MP I%Mff A&b %V% %WE aNr %MR am Am %We %ar d&* J.'EA te €��� �ee}g�aa rce e# �A ae ������et�e� se AL. - Ge�e AL, -a� ��e��afeA A- B -8- MAW -: A -40 Amendment to Section 8 -8 -6: "Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Section B -8 -6 "Partial Estiimates° i s amended to provide that approximate estimates from which partial payments will be calculated Will not include the net invoice value of Section A - SP (Revised 12/15/04) Page 16 of 20 acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City E that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 ozone Advisory Pruning and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day Will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations 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 Amended "Yndemnification and Hold Ha=less" (9/98) Under "General Provisi "General ons and Requirements for Municipal Construction Section B -6 -21 "Indemnification and Hold Harmless"J, text is deleted in and the following is substituted in lieu thereof: Contracts ", its entirety "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless anti shall indemnify the City, its officials, employees, attorneys, and agents from any and all d 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 c 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 {4/26/99} Should a change order(s) be required by the Engineer, the Contractor shall furnish It the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by the Contractor as a basiS for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1. The Contraction shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical.) of all facilities. 2-o Upon Completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to- show dimensions and locations of all work constructed. As a minimum, the final drawings shall I nclude the following: a. Horizontal rid vertical d i n gy substitutions/ fi I han . b. Changes in equipment and dimensions due t o substitutions_ c. "Nameplate" data on al]. installed equipment. Section A - SP (Revised 12/15/04) Page 17 of 20 d. Delet ions, additions, and changes to the scope of work. e 0 Any ether changes made. A -46 Disposal of Hi ghly Chlorinated Water (7 /S /00) (NOT USED) s s t s i �� s a V ML wW dMLoNIIII= %-4wM w1LI 0Mdmhm-1mP P Ir dL 4P ftm mom or JIM� mw'mrl'�N i i i Mal i< s i i�Y 1 iii i i i ih i s i i i i i # !f i ART& i i i ■ T i ft i dPr * M NNWs i Ili M M 40 i 1•� i i i s i i• i ri i i �■ i i _ i iA i L 116 1 i # i. t i i f s MM 0 w� i = i i i i t i ■•F 1 j&I M �■ i•i i■ ' �■ t i f i i �•Y • i • + 14 s i i r■ s i s i i i Jr. M * _ dw A i s i i i i i i i iL IN � �1 i� i i i. + J � i i i ! i i %wP Wall +ti i i i i �••' ` � ~ ra ' i i = i l M i i . i t■ Rl 4W f AF i M. L t = i t i< ftw.%rr=�. a s i �i i s t i s i mVE0 M Mr A-40IIIIIIIIIIJ ! ! J= A M M IL i i4 i i■ i 1� i If ■! i i i • i Mr M f �••� f i Ell M r IL T� i � a s w iL i i t i i i i t i s ".Me dw � i it E i 9p IL 4W Wl i if � i i i IL %M 4r-AIIIIIm AL El VMLVr f f f� i r A1111111111111111111147 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the Project, the Contractor shall excavate Ilk and expose all existing pipelines of the Project that cross within twenty feet (20') 0 of proposed pipelines of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet {14'} of proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet 0,,C.. maximum intervals, The Contractor shall then prepare indicating the owner of pipelines station thereof, distance to the existing pipelines. The Contractor shall perform exploratory excavations have reported to the Engineer, and report. a report and submit i t t o the C ity fox approval excavated and surveyed, as well as the approximate pavement centerline and elevations of the top of no construction work on the Project until. all been made in their entirety,. the results thereof Contractor has received Engineer's approval of the Exploratory excavations shall be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit Price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) MEMEMEMMM The Contractor shall comply fully with all OSHA safety requirements with regard to proximity of 0 c onstruction equpment beneath overhead electrical wires. 'There are many overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety i s provided for all. of i t s employees and operators o f equipment and with regard to ensuring that no damage to existing overhead electrIcal wires or f �C7.11�1e5 occurs. The Contractor shall coordinate his work with A.E.P,, and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. I t shall be the Contractor's sole responsibility to provide for adequate safety wa.th regard t o overhead lines whether shown on - t he plans or not. Section A - SP OR evised 12/15/04) Page 18 of 20 A -49 ,Amended *Maintenance Guaranty" {g /z4/00) Under "General Provisions and Requirements for Municipal Construction Contracts",, Section B -8 -11 "Maintenance Guaranty ", add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary sewer) and storm water lines and manholes installed on this P All inspections shall be made in accordance with Standard Specification Section 027611 "Television Inspection of Conduits",. A -51 Groundwater Discharge It is the intend that the Contractor discharge groundwater primarily into the existing stormwater system, provided that the quality of groundwater is equal to or better than the receiving body of water, Nueces River Upper Delta. Testing of the groundwater quality is to be performed by the City,, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all besting. Vest will also be performed as each new area of construction is started. Another It option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks trucking to a sanitary sewer or wastewater p the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions shall be approved by the Engineer on a case by case basis. Prior to pumping ground water from the trench to the sanitary sewer system the Contractor shall contact wastewater Dept: at 3b1 826 1817 to obtain a "no-- cost" permit from the Wastewater Dept. City 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 i� to sit over night, record water level again, pump 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. Sect ion A � SP (Revised 12/15/04) Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: IH 37/Session Road 12 -inch Wastewater Line rehabilitation (# 7377) OWNER: C ity of Corpus Chri.ati ENGINEER : Bhaskar Patel CONTRACTOR ; SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBiNITTAL NUMBER : SUBMITTAL Section A - SP (Revised 12/15/04) Page 20 of 2 p PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 1 of 2 General Recision Number; TX070039 07/20/2007 superseded General Decision i TX20030039 State: Texas Construction Type. Heavy TX3 9 Count ies: Nue ce s and San Pat ricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (.including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/09/2007 1 07/20/2007 * SUTX1987 -001 12/01/1987 Rates Fringes Carpenter (Excluding Form Setting) 0*9 **$ 9*05 F'r 'in i she r i i f i Concrete f 7v56 13w37 2 * 5 8 Laborers Common. 5 qP 8 5 blitya i i, # i * f f f i f i' f i f i f f f 7-s68 Power equipment operators Backhoe * * * i W * qw # it * 6 * it f f * * it f 6 9*21 Motor Grader.... 046*04 8-s72 i_ on" i i i jWV mow "M � -q=h mma � � ==I � mma W i ik ii ii 9 F i i• i E E f .1"I -W! Or- -"- M=F MMA i& i Ebm i_ WELDERS Receive rates prescribed for craf t perf operati n t which l i � j ncidental. �! �T� ! � = �! � i� � iii iiF � i fE ! ! !E ! �! �! T! �F �� W = i+� �� = = = = = = ! = � � rI- 4--b T AEREN -r-b ii< a-MA 4i � ! ! � � ! = = 4= Unlisted classifications needed For work not included within the scope of the classifications lasted may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (Yi) } , In the lisping above, the '�SU" desi.gnation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations 6 indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can h E//wxw wdnl env/ wiinl /crafilPC /davichacnn/TXl9.rivh 11/15/2007 be Page Z of 2 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour D ivision letter setting forth a position on a wage determination matter * a conformance (additional classification and rare) ruling On survey related matters, initial contact, including requests far summaries of surveys, should be with the Wage and Hour Regional Office for the area i n 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, thin the process described in 2.? and 3.) should be followed. With regard Co any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations, Write to Branch of Constructi on Wage Determinations wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.} If the answer to the question in 1.) interested party (those affected by the review and reconsideration from the Wage {See 29 CFR Part ]..8 and 29 CPR Pant 7 }. Wage and Hour Administration U.S. Department of Labor 2d0 Constitution Avenue, N.W. Washington, DC 2020 is yes, then an action) can request and Hour Administrator Write to: The request should be accompanied by a f u I I statement of the interested party I 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 a 0 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, DC 20210 4.} All decisions by the Administrative Review Board are final. END OF GENERAL DECISION httn:// www. wdol. gov/ wdollscafiles /davisbacon/TX39.dvb 11/15/20Q7 The Contractor will commence work within ten (10) days from date they receive written work order and will same within GQ CALENDAR DAYS after construction is M �M I calendar complete begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 9 parts at Corpus Christi, Texas on the date shown above. ATTEST .0 City Secretary D AS TO Byo� Ass t City Xt. ATMST If co {Sea Bel w) i RM ration) �.�. (Note: Xf Person sa.gni ng for corporation is not President, attach copy of authorization to szgn) woolp D 01 SECRETARYF7W CITY OF CORPUS CHRISTI r Bv: ��'. �600 angel Mgr.' 'R.' Escobar, Interim Asst f Public Works and Utilities 7- City B y 1% �- �`r Kevin Stowers, Interim Director of Engineering Services CONTRACTOR By: Title: 8521 MCHARn RD. (Address) HOUSTON, TX 77245 (City) (State) (ZIP) 281/437-1328 * 2$1/$35 -93Q2 (Phone) (Fax) Agreement Page 2 o f 2 f C NSTR CTION January 17, 2008 Tn %Alhnm It KAP%i _r' i '%W W W W 0 %"& W + * + 9& F & - =Ts# - - - RE: Authorization to sign Ladies /Gentlemen: Please be advised that Glen Crawford has authority to sign contractual documents on all projects for Troy Construct' on, L.L.C. If you have any questions, please call. Your attention to this matter is appreciated. Sincerely, y nstruction, L.L.C. David Dacus President PO. 80X 450862 (77245) HOUSTON P i EXAS 8521 McHARD ROAD (77053) 281/437 -1328 281/835 -9302 (FAX) 1 1 f� I P R 0 P 0 S A'L F 0 R M F 0 R - �- ro J I - TTT '1 r'7 I /1T Pf I1 Y' 01 ti.Tefts T /� T rr w n f.�w r. PON* mpm � 46=m� mil, .D , � 0 mi"mu 16 L11V� REHABILITATION PROJECT NO. 7377 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM anr_r I nr 7 Proposal of dL% P R O P O S A L 0 Place Date : /2 -' � Q I RDY /-.Ij r/;V4V0 pla L isw I It M a Corporation organized and existing under the laws- of the State of a Partnership or Individual. doing business as TO: The Ci.-ty of Corpus Christi, Texas Gentlemen: The undersigned hereby materials, tools, and necessary required for: proposes to furn Lsh all labor and equipment, and to perform the work IH 37/ SESSIONS ROAD 12 -INCH WASTEWATER LINE REHABILITATION PROJECT NO 7377 at the locations set by the plans and specifications and in strict accordance with the contract documents for the fallowing pxi ces, to -wit: IH 37/ SESSIQNS ROAD 12 -INCH WASTEWATER LINE REHABILITATION PROJECT NO 7377 1 4 5 6 7 8 9 10 11 394 complete LF Foot in place, per L26.near 1, $ 30• ' S 7�oD A, CPA . � WV7 A s 756o -� $ 7ZV � • 12" Di a PVC SDR 26 ASTM D,-- 3 0 3 4 10 Wastewater Grav3*.ty LiLne(12` -14' LF 111111 11 installed, complete in $ jz J969 place, per Linear Foot 1 8" VCP to 8" PVC Pipe adaptor and � installation, complete �n place, EA per Each $ 5' Dia. Fiberglass Sanitary 2 Manhole (0' -6' Depth) installed, p 10001F EA complete in place, per Each $ 13)4 19 Extra Depth f or 5'Dia. Manhole (Over 6' Depth} installed, VF complete 'in place, per Vertllcal ]?Oot Rehabilitate 4' D ia. Manhole by 1 installing a fiberglass insert #i EA (16' 6" tall MH) , complete lerl $ 1p app, place, per Each 420 Grout 8" D iOa . Wastewater Line LF with f lowable fill, complete in place per Linear Foot 10 Abandon and Backfi,11 manhole (1) CY with Flowable Fill, complete in place per Cubic Yard, $ �• 46 Cement Stabilized Backfill for OW? :000 �• CY Manholes, complete in place, per $ Cubic Yard 0 S 7�oD A, CPA . � WV7 A s 756o -� $ 7ZV � • IH 37/ SESSIONS ROAD 12 -INCH WASTEWATER LINE RBHAHILITATION PROJECT NO 7377 z tx 13:3: iv v HID QTY & IT PRI CE BID X T8'�d MxWSNSION ITEM �T DESCRIPTION IN FIGURES (QTY X UNIT PRIGS $ XX FIGDitSS) $ Trench Safety for Sanitary Sewer 2 Dewatermng of excavation pits far 2 12 EA manhole construction, per Section '?40 O• 022022, complete in place, per complete place per Each $ Each 13 14 15 16 17 18 �s Trench Safety for Sanitary Sewer LF line construction, per Section 022022, complete in place, per Each I far 440 Televised Inspection o f Conduits, LF complete in place, per Linear Foot � ?. CP $ $ 2 Dewatermng of excavation pits far EA casing installation and manholes, in '?40 O• oco complete place per Each $ 1 Ozone Action Day Day s c� awl $ OL210 3 . 25 Remove and replace existing Chain LF link Fence, complete in place, Linear Feet �v 3a. � 7 6p per $ $ - 1 Diversion pumping for bypassing L5 Sewage, complete in place, per a°- 3� D0o ' Ge 3 Lump S UM $ $ Ar Duo. BASE 32� 060TOTAL BID (Items 1 through 18) : $ . �jC The undersigned hereby declares that. he has visited the site and has carefully examined the plans, spec'f" ications 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 o f award of contract, we W ill within ten (1.0) calendar days execute the Formal contract and w1*11 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 thj*.s proposal, in the amount of 5% of the highest amount bid, ivs to become the properly of the City of Carpus Christi in the event the contract and bonds are not executed within the time above set forth as 11cluidated damages for the delay and additional work caused thereby & M il no r ml ty/1436.no r 3'L ty Business En terprise Participation: The apparent low bidder shall , within five days of receItat of blds R sub m, fi to the City Engineer, in writing, the names and addresses of MBE f irms part icipating in the contract axed a description of the work to be performed and its dollar value f or .bid evaluation purposes. Number of Signed Setts of Documents: The contract and all bonds will be prepared in not less than four counterpart (original. signed) s Time of Completion: The undersigned agrees to complete the work within 60 calendar d"s from the date designated by a Work Order. The undersigned further declares that he w3'-11 provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentieoned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the f ollo w:Lng addenda iOs acknowledged (addenda nuinber) jj0%/ AJv (SEAL - IF BIDDER IS a Corpora n) NOTE 496 Do not detach bid from other papers. Fill ire with ink and submit complete with attached papers . Respectfully Name : By Address 40 Telephone 0 submitted: Jon- - -.MMWA -.b �. �. --.00 C I ty) Zfj(r state ) 00 43700144 (Revised August 2000) CL a �% {Street) OPPOIF 7r C; (ZIP) .. Bond Number 022 -022 -573 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: f L COUNTY OF NUECES § THAT T:rov Construct ion LLC of HARRIS County, Texas, hereinafter called "Principal ", and ny� corporata.on organized under the laws of tfie State ofwisconsin. and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Coypus Christi, a muni'ci'pal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of THREE HUNDRED TWENTY -FOUR THOUSAND, SIXTY -EIGHT AND NO/100($324,068mOO) DOLLARS, lawful money of the United States, to be paid imLn Nueces County, Texas,, for the payment of which sum well and truly to be made we b i n d ourselves, our heirs, executors, adma.nistrators 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 Chri'sti', dated the 8TH of JANUARY 20 08 a copy of which "IS hereto attached and made a part hereof, for the construction of. IH -37/ SESSIONS ROAD 12- WASTEWATER LINE REHABILITATION PROJECT NO. 7377 (TOTAL BASE BID: $324,06$.00) NOW, THEREFORE, if the principal shall fathfullyi perform said work in accordance with the plans,,. specifications and contract documents, including any changes, extensions, or guaranies, and if the principal shall repair and /or replace all defects due to faulty materials and /ox 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 I n full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addi'ti'on to the berms of the contract, or to the work performed thereunder, or the plans, specifications, draw inc}s, etc., accompany-i"ng the same shall in anywise affect its obligation on phis 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. Per f ormance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Ci'vil 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 wham any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1., Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an or iginal, th,.s the 8th day of January , 20 08 PRINCIPAL (Print Name & Title) ATTEST S e r e t a r� (Print Name) SURETY Liberty Mutual Fire insurance Compare � r + r r 12750 Merit 1)rive, • ' ' r- z L s . ti r Dallas +% r �# _ f r-. 4�1 qL 7 + f r +# y d.— T,: 4,1 i T CL 1 ■ , r + % *i f �F ` L' i , r f Attorney- id f act '- ' Robert MO Overbe Jr. i ' y P F r i r i n t r r r� x � � r ti The ]Resident Agent of the Surety in Nueces County, Texas,. delivery of notice and service of process is: Agency: Contact Adc1ress . 0 Person : Phone Number: Keetek � s_ oc ates J. Michael Rhyne JL 71 ania e Corpus C T% 78404 3 (NOTE., Dade of f r are Bond mast not be prior to date of contract) (Revised 9102) Performance Bond Page 2 of 2 for STATE OF TEXAS � COUNTY OF NUECES § Bond Number 022 -022 -573 P A Y M E N T B O N D KNOW ALL BY THESE PRESENTS: THAT Troy Construction, LLC of HARRIS County, Texas, hereinafter called "Principal ", andT-,i-bp-lr- Insurance Cu an , a corporation organized under the laws of the State of Wisconsin and duly authorized to do business in the State of Texas, hereinafter called "Surely ", are held and firmly bound unto the CI'ty of Carpus 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 THREE HUNDRED TWENTY -FOUR THOUSAND, SIXTY -EIGHT AND N DOLLARS,, lawful money o f 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 3S SUCH principal entered into a Christi, dated the 8TH hereto attached and made certain contract with day JAMARY, 2008 , a part hereof, for the THAT : Whereas, the the City of Corpus a copy of which is construction of : IH -37/ SESSIONS ROAD 12- WASTEWATER LINE REHABILITATION PROJECT N4. 7377 (TOTAL BASE BID: $324,068.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment t 0 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 modifi'cati'on of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obli'gati'on 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, spec 'ifications, drawings, e tc ., accompanying the same shall in anywise affect its obligation an this bond, and it dogs hereby waive notice of any such change, extension of time, alteration or addi'ti'on to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This Vernon's the State as used Article. bond is given Civil Statutes of Texas. The herein are in to meet the requirements of Article 5160, of Texas, and other applicable statutes of terms "Claimant ", "Labor" and "Material ", accordance with and as defined in said The undersigned agent J*,S herein as the Agent Resident iL n notices may be delivered and on hereby designated by the Surety Nueces County to whom any requisite whom service of process may be had suretyship, as provided by Art. in matters arising out of such 7.19 -1, Vernon's Texas Insurance IN WITNESS WHEREOF, this each one of which shall be day of January , 2008 PRINCIPAL Code. instrument is executed deemed an ori'gi'nal, in 4 copies, this the- Itth� (Paint Name & Title) ATTEST S e c r e-'qamt a r S (Print Name) SURETY Liberty Mutual Fire Insurance Company 12750 Merit Drive, Sulate 710 F L f . f r0 Dallas � r y L r r - t f T fi i _ 1 By@ 1* e p L T J L' ■ T r Q ■ . A L r a � i *i 9 L ■ { q.r RP L y. Ic 9 Robert Me Overbe ir r _ * ,. Attorney,mmin f act it r 41P F y r I y RDbert M. .M,t L , Overbey, Jro r F (Print Name) The Resident Agent of the Surety i lVueces County, Texas, for delivery of notice and service of process is: Agency: Keetch Associates mom Contact Person : .7 _ mi rha 7 Rh e Address : 1718 Santa Fe Corpus Christi T% 78404 Phone Number : 361 - 883 -38Q3 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 THIS POWER OF ATTORNEY FS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. .j 2231191 T This Power of Attomey limits the acts of Lhasa named herein, and they have no authority to bind the Company except in the manner and to the extent herein s LIBERTY MUTUAL FIRE INSURANCE COMPANY WAUSAU, WISCONSIN l POWER OF ATTORNEY i t sN c �c of T3 - some {/ L N�Q MEN ., L I � k X73 � 7 � 3 V �G O` v KNOW ALL PERSONS - 13 THESE-. PRESENTS - Li l Fire - r� gcon � .. a , th ro � . Its M i ant Secretary, a nt to and by author of the Board of Directo' � reby r . _ CAROL E■ HOCK, ALL F T I � E IT F H UST ATE OFT XASome _ , � � i� r ■R,s■ ilia■■■■■■* ai■ fd■■■*■■■■■'•■■':■■ p.:■ w■■■■■■ y:■■** oe. tioo**■ 1*** f 1•* 1404 �tdrv_ I I I team ■■■■ iI■■■ 10■■■■ h■ j.' rS. P■ h■■■■■■■ Rome ■■ ■ move ■■■■b■6■di11 ■■, * *I I ■R ■ ■ ■■1- ■ i some ■ WE ■ ■ fm■■ia ■ ■ goose ■ i oi* *ea i 1 *we I a *loo 1*i see I I *ofkf040 I 00o**to ** *41 a **v**'d 1 0000** I sees 4 f* � sees i D* *a move I * * *a ■ * *a ■ r *M ■ ■ *Meal* Pee i 1 sees * * * *�a� *i*i ■ *iii■■ *i■ ad am@ ■ r■ i■ ■■d ■ ■ ■ ■a ■ road r* ■v m- r■dLa off ■v i ■ fm**i 1 ■ &see 0 1 *14 1 see 1 ■ 1 r■ ■ *■ 0.4 ff■i■aa ■ a0d` surety eac h rid ivid u l if e r more thep-'One its tru an• I I attorn ey,- i n4act to rake ■■ el kn owl a _an d d el eve r` fo r and on fts b h a as its �• �h bonds, � r liar. •'• . •' �7 _ - _ TWENTY FIVE _ - - _ - _ _ u h _ 25,000 _ and-other 1 surety - - _ -•- - - _ �_ - - _ brind.ing _ p - _. ._ undeftkings bonds, recogn izances by the rodent andatt� asecret 6f the ink r r -- - - - _ _ That this poweris made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June 28, 2006 wherein, among other things, it was: VOTED LhR4 41 1 Secretary and each I Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifyin the attora 1e named i1 1 the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recol Ii l 4ti.+ and other r7S.Wlre# obligations; and that the r tar and each Assistant Secretary be, and ' a h or any of them hereby is, auth rig d to attest to the exe u#�on of any such power of attorney, and to. affix thereto the corporate wail of the Company. That the Resolution set forth above is a true copy thereof and is now in toll force and effect,, 9 ets to N d C .y 3 C lC C MOM O is IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of w N L iberty Mutual Fire insurance Company has been affixed thereto in Plymouth Meeting, PeRnsyivania this 24th day of October >%W 2007 E COMMUNYVEALTH UF PENNSYLVANIA COUNTY OF MONTGOMERY Ss x 1L '1 0 b4m LIBERTY MUTUAL FIRE INSURANCE COMPANY Q C*') 0 .5 By 6Z AL—�r L� Garnet W. El I olott Ass! stant Secretary a WW H g On this 24th day of October 20Q7 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and ,... e acknowEedged that h e i s an Ass'i'stant Secretary of Liberty Mutual Fire Insurance Company; that h e knows the seal of said corporaUpn; and that h e 0. 0 executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the Z� z direction of said corporation. IN TESTIMONY WHEREOF, P � to subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, an the day and year > o� first above written. ' 46,* t N 4Q� ON e nio�zna seas �. E ��. 7r[esa Pastel a he[oryP�.PoEc �y � :.. _ P:ymouth Twpl. TNnmgomery Coumy 0 a �.r MY Com'MW.on ex¢ifQg raaY.:P.,s, ?W9 Teresa Pastella, Notary Public � CERTIFICATE ��.ydP�� kaercber ;pennsy�ivnn�aA34oG�o ^r,(N� tares Q� I"' T Ip th9 undersigned, an Assis . , .. ry bf, . Li butu l Fi re I n u ran c B Co d o . h ereby certify. that t h e ori g l�j.at-power of attomey t ill h #i'1 foregoing i a full, try, and orr � _ p ;:�.i ��f� fu f� force'- .aind'effect . �r� the fat of thi �� rt t�; r,d�:�l d fu rth�r: ertt`f�j drat #h� �fifi er �r ��fi gal who executed the ICS power of at#oI"tle . �Ila - -oll of ail officers'-,or . o 12�la spe'Ci011y 811 b.�'r C� by Board �� Dire''atOr's' to appoint atto f C1 eys-in -f �:# � p r �ride� 'rr� the Un a n�rn�u Con s �t�.� Pod.- � l� #e �# the Board-bf"DIr'' � : f���:ip rt Il�t�t��i #..dire �n �tran e ari�pai:n y`dAt�d Jan 28, 2006 . This ce rtifi cate and the above power of atto m ey may b e sai by fdotim 'I I e or me ch anica I ly rep rod u d sig nature s u d er by auth ority o#the Board of Directors of 1..1k31" Mutual Fire Insurance Cofl'Ipny evidenced by the Unanimous Co1'i @I'1t and Vote of the of Directors dated June 28, 2006 wherein It was VOTED than# the signatures of such officers and the seal of the mpan may be affixed to any such power of attorney or to n y certificate relating thereto by facsirn'lle, a nd any such power of attorney or certificate bearing such facsirnile signature and facsimile se shall be valid and binding tak" 1 � Id D�h�� lrt�Jp0n #7 Cnp1 V1n ixd fd din t1e #Lr th rSp @t t r Lrt 11dr� 1, � obligations to which It is at#ail @d. I N T T1 MO IV WH E REO F, I a��r h ereu n to ub scrib ed m r� rye end affi�c d tie orporat seal of the said company, t hi 9 ikitmn. 16() Mww" I 'I f 0 10 FA - Me. d M. Carey, Assistant Secretary day of Important Notice Iff TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT; You may contact the Texas Depart ment of Insurance to obtain information on companies, coverages, rights or complaints at: 800 - 252 -3439 You may write the Texas Depart ent of insurance at: P. O. Box 149104 Austin, TX 78714M9104 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 Surely Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 -8284 You may contact the claim office by telephone a #: 61 0- 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 concerning a claim, YOU should contact the CDMpan,(fl-rist. If the dispute is not resolved, you may c ontact the Texas Depart ment o fl nsurance, This noti- c is for information purposes only andrloes not become a part of or a condition of the attached document,, If is given to comply with $ection 2253.048, Government Code, and Section 53.202, Pro perty . Code, Effective September 7, 2001 DEFINITIONS a. "Board Member ". A member of a ny board , commission or co mmi #tee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person e mployed b'Y the City of Corpus Christi, Texas, either on a ful! or part lime basis, b ut not as an independent contractor. c. °Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited t entities operated in the form of sole proprietorship, as seffwemplo-�red person, partnership, corporation. joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non -profit organizations. d. °Official ". The Mayor, members of the City Council,, City Manager, Deputy City M Assistant City Managers, 0. Department and DIVISion Heads and Municipal Court Judges of the City of Carpus Christi, Texas. e. "Ownership Interest ". Lego[ or eq u ita b I e i nte re st , whether actually o r constructively held in a firm, including when such interest is held Through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special ter s of venture or partnership agreements. 0 Jc R ON W� 0 r T 7 1 A- i� 7i F� a L Ti J� Pi � i Li LL ai�1 J i �i t t t ■ i a i i 1 ■ ! f a 0 i IbU I U21 I L 1 l PUI I I 1 111111 UkJ1 I o ve 11 1 1 �� iU dl to HU X; Lb 1 111 Ll 1U uurpus %,o nnsu i or ir i 0 purpose consultation and recomrnendation. This �ertificatc is ��c�aut�� b Libc IVluhYet ir�uran�c irou as r�,s ccts Suci� iusuranac as is afforded by these corn 'es. 8M00MMMMMkF- Cerfificate of Insurance This certificate is issued as a irratter of infon-nation ordy and confers no n'9111s upon you the certificate hDIder. This certificate is not an ins=ncc policy and saes not amend, extend, or alter the coverage afforded by tie Policies listed below. This is to certify that (Name snd address of Insureds TROY CONSTRUCTION LLC P O BOX 45Q862 HOUSTON, TX 77245 a IL is, at die issue datc of Ws certificate, m"ured by the Company under the policy(ics) listed bclow.- The insurance aff-orded by the fisted policy(l'es) is Ulbjea to all tacirtctm, exclusions and cp ifians end is not alter by a re nircmcnt, tcnn or condition of any cantraot or vlior dc>cummt i#h rrs ec� to v�vhich his ce�t�fc�te rua he issued. Expiration T e �#%IE� P. �a �� Policy N of Liabil-k Continuous* 03/01/2007 / 03/01/2008 W1,, 19 1 @4192 51 -O97 Coverage a fforded under W C jam of Employers Liability Extended the following states: Bodily InJury By Accident X Policy Term � LA. TX $1,000,000 Each Accident Bodily Injury By Disease 51,000,000 Policy Limit Workers Compensation , Bodily Injury By Disease ;;01 $1 P0002000 Each Person 03/01/2007/03/01/2008 TB2=191-41925lw627 General Aggregate -Other than Prod /Completed Operations General Liability � $2,000,000 Products /Completed Operations Aggregate Claims Made $2000$000 X Occurrence Bodfly Injury and Property Damage Ligabilety Per $1,000 000 Occurrence Retro Date Personal and Advertising Injury Per Person / $.1 000,000 Organization. Other Liability Other Liability 03/01/2007/03/01/2009 AS1491419251417 Each Accident - Single Limit - Be I, and P. D. Combined Automobile Liability / / $1:R000,000 Y. Y � Each Person X Owned X Non -Owned Each Accident or Occurrence X Hired Each Accident or Occurrence Contractors Equipment 03/01/2007 / 03/01/2008 YM2,.1914192514,147 $400,000 -- Contractors Equi �me�t inolude Leased and Rented Equi pment Certi Ficate Holder is named as ddifional Insured (GL & ALA & gran Waiver of S u ragatian (all poli6es), as required by written contract, -- Project : #7 3 77 M w3 7/Sessions Read 12" W Line Rehabilitau"on, $324,068. lily of Corpus Christi is Warned as Additional insured on all Genem] Liability and all Auto Liability Policies. Waiver o#`subrogation ire favor of ertifirat Holder. Li abi I lat includes Prem! ses,0 t1rons; Contractual, Broad Farm; DsTna.V. and Indefxndent Contractor; XCU. Auto Liability includes any auto, scheduled, hired and non,,owned. 0 T S Notim of ill aflon: (not applicable urd = a number of days is entered below) . Befom policies urtfil at lit 30 days =0 cc of sueb mnolladon 1has bmn mailed to= L Office ; HOUSTON, TX Phone: 713460=4650 Certificate Holder: Attn Contract Admi6nistrati",won 6 City of Corpus ChrloSt3*. a I Engineering Serv3oces P 0 fox X277 Corpus Chrl6sti, TX 78469 statue expiration dais the ll not auxd or duce th a worded under the above CYNTE11A CAMPBELL Authorized Representative Date Issued: D1/14/2008 Prepared By: PW AC vRaY CERTIFICATE OF LIABILITY INSURANCE OP ID C SATE (MNWDIYYYY) TROYC -I O1 14108 PRODUCER THIS GERTIFICATE fS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BondPro, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8 Greenway Plaza, Suite 814 ALTER THE COVERAGE AFFORDED BY THE POLICIES B Houston TX 77046 Phone: 723m,,355=F1000 Fax.1P713v=355m1001 INSURERS AFFORDING COVERAGE 14AIC # INSURED INSURER A. Steadfast Iasuraace company INSURER B. RSUI Indemnity company Troy Construction L L C * IMSURERC: P.O. Box 450862 INSURER U: Houston TX 77245 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE{} TO THE INSURED NAMED ABOVE FOR TH E POLICY PERIOD INdlCATEO. 1V07W I7HSTANDiNG ANY REGUIREMENT, TERM OR CONDE7ION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHAWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) DATE (MMIDDIff) L IMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES E8 OCCUrence} $ CLAIMS MADE OCCUR MED EXP (Any one person) # PERSONAL 8 AOV INJURY a GENERAL AGGREGATE $ G Et? L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRA LOC JECT AUTOMOBILE LiA81UTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULES AUTOS (Per person) i HIRED AUTOS �i BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY, qGG E EXC ESSIUMBRE LLA LIAB IL ITY Y EACH. OCCURRENCE $, 000,* 000 $ $ OCCUR � CLAIMS MADE NMN033926 03/01/07 03/01/013 AGGREGATE $50000,000 DEDUCTIBLE $ RETENTION Z y WORKERS COMPENSATION AND WU STAI TORY LIMITS ER EMPLOYERV llABIL1TY ANY PROFRIETORlPAR7NERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERNEMSER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ Ifyes, desedbe under SPECIAL PRQVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Pollution SC09273133w,06 X3/0]./0'7 03/01/08 CPL 5,000,000 D ESC RIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES l EXCLUSIONS AD DIED BY ENDORSEMENT! SPEC [AL PROVISIONS Certificate Hader and Owner are Additional Insureds as required by Contract. Waiver of Subrogation applies as required by contract. / Re: Project #7377 iii -37 Sessions Road 1211 Wastewater Line Rehabilitation CEltTkFiCATE HOLDER CANCELLATION CITYCOR SH OU LD A NY 0 F THE ABOVE DESCRIBES POLIClE3 BE CANCELLED BEF THE EXPIRATION ,00r DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 70 MAIL 3 O DAYS WRITTEN City of Corpus C hristi \ j NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Dept of Engrineering Services Y Attno.Contract Administrator IMPOSE NO 0OLMATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. Box 9277 REPRESENTATIVES. /001 Corpus Christi TX 78469 -9277 AUTHOR IZEDREPRE5ENtA7iVE Robert M. OverbeyJr. ACORD 25 (20Q9108) 0 ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: fCOMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section NI —Who Is An Insured is amended toinclude as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing i a contract or agreement that such person or organization be added as an additional insured on your Policy. Such person or organization is an additional insured only with respect to flab"lity for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 7. You r negligent acts or omissions; or Z. the negligent acts or omissions of those acting an your behalf; iin the performance of your ongoing operations for the additional nsured. There is no coverage for the addi W t'ionaf insured for "bodily injury ", "property damage" or "persona{ and advertising i arising out of the sale negligence of the addftionai insured or by those acting on behalf of the addifiona{ insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising i j n ury " arising out of the rendering of, or the failure to render, any professional architectural, eng"neering or surveying services, including: a. The preparing, approving, or failing to prepare at approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b Supervisory, inspection, architectural or engineering activi ties. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection wi th such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or bo That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing opera- tions for a principal as a part of the same project. LG 3220 08 05 Page 1 of 2 L 1 1 1P T r ti 1{ f 1 y 4 1 y �y L 1 .TAN -25 -2008 16�23 .0 TROY CONS? 281 B35 9302 P.04 C. Other Inivranes 'This insurarlCe shall be �zcess over;any other insurance a in the addltianal insured, wh�lher such insur- �nc8 is On an e contingent or prim sryr basis, unless the wnoem agreement with you re4ulrez that the Insurw once provided for the. a ddiiionai insured be primary concurreni or primary nommcontrIbutory, in comparison tp the IV addlfional :nsured's awn policy or polices. 7o the exlent that the addR10na! insured u►aulci have had th u rigM t to pursue any other insijranCe carder For rover- age, including a defense, we shalt share that fight with the addifional Insured 7rh is snao ram ans .s eaceculed by ina LIBERTY iuuTUAi. FipE INSURANCE COMPANY premium I E Oslo EwirGIWA Date FCW attae� ment to palicy No. TB2_ � g 1- 419251 -527 AWN Basle issued Yo all�r;CIUUAAY Issued Pale 2 of 2 CID Unte ra is M 13ca b y Sjo IQ$ OffiCe aid Now 4XXeJ4 4"Mme 2 11141%11�1'Kr C) t50 pro perties, Inc., 2004 end. $of 10 1 Nat 25 LG3 0 oe as LltitHIT D INS r 11 �- AbU-5 78J Jan 16 20D8 9:29 0 F. 01 4 0 A, 4L W r W IF COMMERCIAL AUTO rm 4 0 RE 0 0 r 4 IN 0 L r 0 1. F THIS ENDORSEMENT CHANGES THE POLI Y., PLEASE READ IT CAREFULLY. ADDITIONAL.INSURED Thir ei1b dpree mI b ent mob d I ifiIN eIs N + Insu rance provided under the following; IN BUSINESS AUTO COVERAGE FORM ,GAR AGE CCWERAGE.F0RM TRUCKERS. COV,,ERAGE FORM. 0 lls IN 0 h, d h, 0 L IN The provisions and exclusions that apply to I.IABlL1TY Ct7VERAGE also apply tD this endorsement .. City of COTUS chdsd - .. . � ... . q F E3nghae&ig Services P.O. fox 92T7 CCap us .C'hristi� T XL .78469. . d 1 4 1 . _ . .. (Enter lame and Address of Additional Insured.) is an'Insu'lRe'd" but only with resp�Gi to I egaf re epansibiliiy for acts I or omissions of a person fear whorrE U ability+ Coverage is a,.,.rystrdec( under thi's pollcyc The ad d [Uo na I I nSUred Is not required to pay for any p remiums states i n the policy or earned from the policy. . Any return premium' ii1 an'd any dividend, If apollcable, d6clared by us shall tie paid to you. . Yap are a uthonked to oat for the add Itl o na I 1"S U red in all matters partainin g to this insurance. We will mail the additional insured native of any cancellation of th is poll9ay. If the cancel latfon is by u s, we , will give ten drys noUc* #o�tl�e�additional Insured. � . The, additional insured mll retain. any r ght of recovery a claimant under this policy. policy. Thb fite� bdow � box • 0 V/11r 0 Premium $ UBMM MUMAL E%1MAMM C"AM • E&Cd" Date 03/01/2007 Expimtkm Date 03/m/20W uffEM MMAI FM R*'VRWC9 COMPAW r - F ' ++ f 4F r F r s F t rF * f * To t I IP LT Y lb 11111 lk= CCePCKATIM For 93%-- 1 t to Policy-Not A51491419", .117 El AtLffif %&is tm u4suRAwcs ccmpomnor; + r 4 r ' F r 1 y ■ XTY UOURM4= CQfft=PEQN LwtedTo CmAstmC60x%1LC r + F r a 1 ■+ 4 RN I P.O. Box 450862 ■ Ho TX 77245 r • PA T S i *� #w 19n# "1 F as NINE aa0"10*# Is f The f *D all a 1i" 0 iMJ A_jLE i L � F , � Foira �ilT'erm I.D. TE 99 018 Issued &M li,AtAl04 J,[xPI��SaIIVe THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYO �I TEXAS CHANGES -- CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND j� COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the followng. A i / COMMERCIAL GENERAL LIABILITY COVERAGE PART Y COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENTmoRELATED PRACTICES LIAE31LITY FARM COVERAGE PART —FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIAE31LITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy. b BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYEE THEFT AID FORGERY POLICY EMPLOYMENT - RELATED PRACTICES LIABILITY FARM COVERAGE PART —FARM LIABILITY COVERAGE FORM FARM COVERAGE PART — L IVESTOC K COVERAGE FORM FARM COVERAGE PART — MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM GLASS COVERAGE FORM GOVERNMENT GRIME COVERAGE FORM GOVERNMENT CRIME POLICY LiQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIA131LITY COVERAGE PART . A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. We may cancel this policy by ma tting or deliver- ing to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 10 days be-fore the effective date of cancellation. However if this pc) licy covers a condominium association, and the condominium property contains at least one residence or the Condo- minium declarations conform with the 'texas Uni,onm co ndominium Act, then the notice of cellaticm, as described above, wil1 be pro- vided to the First Named Ins ured 30 days be- fore the effective date of cancellation. We will also provide 30 days' written notice to each unit -owner to wham we issued a certificate or memorandum of insurance, by railing or defivWW the notice to each last maffo ng address known to us. IL 02 75 05 03 (9) ISO Properties, Inc., 2001 Pale 1 of 2 ti ti R , r i r f Z R 4 3 P 1 4 r P I 4 IP JAN -29- -2008 16F : 23 TROY CONST Tha permLqsibIG r02SOMB (or 11 NladOn ire as 6 rallows., a P, I f this p a fley hay been in offe c: I for 60 d sys of less, we may cancel for any reason exe ogpt, that uoder 1he provialoris of the Texas Inouranr,� Cade, we may ed not this ;)DliC;y aalely beC2U&4 MG pbltGyhoJder is on elected oMdwL bo if this I 1'ey hay been i n a Mae t tot rn aire than 130 days, or *11 11 is a renewal orcons (inw n of a policy issued by us, we may cBncel only for one c)r more of the following reason: (1j Fmvd IA obtaining coverage, (z� Fa �lura to P ayp r am +ume when Clue: (3) An In cm as e in herd within the control of the i�lsured which would produ an marasm In m1o, 0 (4) z pf out reirmumricia covedng ali or psi of 1h* risk vamd by the policy; or (5) if we have biBen placed in supervielon. n rvakorsh P or receivership and ft n 11aflon i9 approved or direv by the au perhy iso r, eonservAtar a r r +�ce3ver. B 10he fallowing cand* n 46 added and stipe rs a d as any provis' M n to the contrmy. NONRONEWAL 1. VVv may elan not to renew Ch In policy except thei under the pm vlslcr�z of the Tex �.n Insurs. Gx)der we may not refuse to renew thIs po0ey solely bemuse the pallcybolde!r lu so ahwled offtiai, 0 281 835 9362 P.05 2. T hta Pdre��ph, x., applies unless the P 01cy q 11"fies under Paragraph 34. b@fOW. If we elect motto renew jhja pollcy, we may da s0 by m a'[ ing or del N a ring to the fi ml NamP+d insured, a ( the I a st malting acldmss kno w n to us, wri tten nnfice of n on (engwo J,, sl v Ung the r Pon for nonranewl, at least 60 dayis before the expirgtioe date. 11 notice iR Ued or dellvw ared fen than 60 daps before the expimban dare, this policy wll! rert�2in In effect unlP the Sist day altar the date on whieh the notca Is MaijaiN of delivered. rnw p rem lum For any perlDd cf covorape that extends beyond the exr p1jeflan date W bL% mputed pro rate sod on thd previous YBMe3 PrOMIUM. 3. If thfs policy covers a cQn&m1nfwfn istion, and the tid orm in lu rn pro rry ntains ot least or* residence or the condominium declarations =nform with the To 6 UnIto Candoenirdvm Act then we wni mail or doWer wrben no of nanrenmai, al feast 3d days D�fore the explm- fion or anniverwry date of the paltry. to: a. The that Na mad I n cuvd ; sea b-1 Each unli- owner [o whom we Issued e oerw fiftate or memorandum at' urwice, We yAI :nail or delver such noeoe to each rest mplgnq addTass known to uc. 4. If noU is fled, proof of Malbo ;MP too suff4m Clom t proof of notice. So, The tffln3fer oF a politybolder between admit- tetf mpan�u within the sa Insurance group is not nsidemd a rsfU I to renew. 71A sndoriernsM Lj oreculo0by 1h 11NEp7Y MUTUAL FIRt INSURANCE COMPANY Pf 1M%J wrm s ]EftCCNV 13MO Fey aludYnent to PeWcy wo, AUd11 SMft Is lwildTo 1651U" . P294i 2 DL Z Mien pals J TBZm% 19 1— 4 1925 I-v-w62 7 pig �L 11 X11' 00) r GarnleMylpo0 by Sam OPM and Was 0 ISO PMpertles, 117C%V 2001 Z&d 4`�111�1e7'�7`' End. SorM No. 27 IL 02 76 08 03 TOTAL P.05 JAN -29 -2008 179 15 L TROY CONST 281 835 9302 T HIS E14DORSFMENT CHANG THE PC>LICY, PLEASE READ IT CAR EF U L L Yo ,/rEX,6,S CHANGES -- CANCELLATION! AND NONRENEWAL This endarserr►ent modifies In"iUr3mr0 provided uyider the following: BUSINESS AUTO COVSRAGE FORM BUSINES5 gUTO PkYSICAL DA MaGL:; COVERAGE FARM GARAGE C0VVV(3F P01M MOTOR CARRIEFt COVLrPAGE FORM TRUCKERS COVERAGE FORM W4h respect to coveraga grov-1ded by this findarscrtlenL the Pfav�ior�s mvdified by the endorsement, A. P8ra9r2Phs 2. and 5, of th4 Oman I 1P fio n Commas P011CY COnaan contained In En4arsernW IL pa 77 -F gre repla ce d by the foll 0 Wrq: z. We mm ay cancel this Policy by mailing or d to the 11 11111111 N:�n�ed In sured w,i[#en notice Of CancellOtbDrI. Cp bbq th a reason for vanceffaVcm, at kaasl. 10 days before tht Of% C&e dais of cantefloGrIn. 7"he P ermfss�ble reasons fa �rcancellatian re as follow: a. If this P0hCY has been isl effect ror sp day5 ar less, W a may C=Cell for any reason except, rhot under kf+e provisions of the Tpw7W5 Insurance Coda, We rosy not cancel this polity solely because Vie Policyhoider � �n elected oficiald b- ff this Pa 11cy has neon irl ct%ctfor n,,a rq than 6 days, or e rah ;yy�l or ionUnuation Of a policy issued by us, Wt may ean�el only forant armors of the fallawir4g reaganx (1) Fraud )A obtaining covorage: (2) Failure to pay premiums when due; (3) An increase rfi h ard Mhl-sn the conlrol of thr nlur¢d 'Which would produce an ir�e�ase in rite: (4) Lass of reinsurance covering all or pars of the risk severed the policy; or P01mtjtN9: AS]- 191 - 414$52 -1x7 Effe�tive i7ate: p3/01 /ZpC7 S lgpiratjan Datt; D3I01 /� fld� SaIdS C)fta; G973 CA 02 43 p3 01 of the Coverage dorm apply unless (5) fF ire have b(ler, Placed in piorvWon. conservatorship or reralM @f9hlp fad the c ariccifatlon 0 approved or drlartfid by the superviksor, conseroatorarreceiver. So. If this policy is COrIc4l0d, WCk Will send the fret Named fissured any prstnium refund due. The refund wilbe pro rata. subiocito tits policy rninimum premium. Tie canGCflaEion w4l be effecfwc even f wR have oat made or offend a refund B. Thia fo1j()wwng Car�di�o�1 is added: Y. Nan re newa I (a} We may alAct ta renew this policy a ,r�spt first under the Ptovisions of the Texas. Insurance Code. we m ay Tic t re fclse to renew This popsy solely because the, Pobcyhaldoris art efected afft-dar. (b) If we elect not to ranew this policy, W a rh 2 y d a so by mailrnq or delivering tia the first Named Insurer!, at Lhe fast rnaling address k nown !o u s. rM tice of n D nre rie wal, stating the rem n for nonrenawal, at least SID dogs before the tlPlratiam data. I nniice is ma7cd ot delivered less than Iso days before the expPrs3ion data, this polity WgI remain tn effect UntR the 61st day after the date on which the natffce Is mailed or were deirnr$ey p�od Of COvilraige that �xter�ds bI YOAJ the expirai;an dats w,1! bg computed P ro rata basedanthe Pm viausyea rs premi um. issued gyp; Liberty Mu L ua I ra n ce Co., Cop yright ISO Properties j4 r, C ., 2000 Clt & 14 Page 7 of 1 r i JAN-29-2008 177.5 TROY CONST 28I 835 9302 P. 05 THIS EN DORSEMENT CIiQNG�S THE �OI..ICY, PLEASE f�EAp IT CAREFULLY. NOTICF. OF CANCELLATION .1 We will not can l this policy rnake r2 or that reduce she �nSUnCE afforded by IN& policy unlit 'p written notice of ca r&allaficm or reduoon has been mail or delivered is thane scheduled below at least a} 10 days betore the affei;jIve ante of cancellat,on.;f we roe nCel for nonpayment of pramium ; (>r bj 60 days before thq efj0cVvqj date of Ine canc*jjaj,an Or reduction i( we cancel or reduce the insurance afforded by this pollcy for any other reason. DAME Fray cons t " c t i ox; , Inc . A DO A ESS F. Ov 8CW 45Gq62 Roustork. rx 71�45 ?his rr%1%011*rn6M1 -prx evaViled by ft L�,bsrty Mutual Imnsur ce CompqMy plie"%vM $ 1"mvrdonfLam njimun V/ Far ftlicV NOE W C1 191 4192qqplvp--1 097' ,0000 J Cour�n+�iprtu� by we ss 03 04 page' 1 911119&7 Pv K*VV LOXV fft Au(hm"r& ReprosamAtive End Sonal N& 2d 156 LIS TOTAL P.05