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HomeMy WebLinkAboutC2008-216 - 6/24/2008 - Approved/~ 1 C~_..~__ 2008-216 - M2008-152 06/24/08 SPECIAL PROVISIONS Rabalais I & E Constructors SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR WATER FACILITIES POWER ADJUSTMENT Coiweli & Associates, Inc. 4444 Corona Drive Suite 105 Corpus Christi, ~'exas 78411 Phone: 3611857-7094 Fax: 3611851-8179 FQR WATER DEPARTMENT CITY OF CORPUS CHRESTi, TEXAS Phone: 3611880-3500 Fax: 3611880-3501 PROJECT NO: $611 DRAWING NO: WTR-388 ~`Yl n •Y~~ ~~~ YV~~ ~Y~IYYYY~Y~f~~Y~L~~Y1Lf• _ / .5//~~u` 8 SPECIAL PROVISIONS SPECIFiCATiONS AND FORMS OF CONTRACTS AND BONDS FOR WATER FACILITIES POWER ADJUSTMENT Colwell & Associates, Inc. 4444 Corona Drive Suite 105 Corpus Christi, Texas 78411 Phone: 3611857-7094 ~~t~,~~=. Fax: 3611851-8179 • f s'. '' f A•''•~'~ . .* :' - - •~ •r~rLi.••CC.Z-~.•a•••~i... ~~ G ...•.~•.i~......i a...~. FOR •'•:~;:-~'.~ • ~ WATER DEPARTMENT Jr/f~ j~~ CITY OF CORPUS CHRISTI, TEXAS ~ " Phone: 3641880-350a Fax: 3611880-3504 PRO,#ECT NO: 8611 DRAWING NO: WTR-38$ WATER FACILITIES POWER ADJUSTMENT PROJECT NO. 8611 Table of Contents NOTICE TO BIDDERS {Revised 715100) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS -- B (Revised 715100} Worker's Compensations Coverage for Building or Construction Projects for Government Entities SECTION A -SPECIAL PROVISIONS A-1 Tune and Place of Receiving ProposalslPre-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 Completionlt_iquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgement of Addenda A-10 Wage Rates (Revised 715100} A-11 Cooperation with Public Agencies (Revised 715100) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 DisposallSaivage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification e '~ nrr.'nn+ ei.vnc+ {Not Used} A-22 MinoritylMinority Business Enterprise Participation Policy (Revised 10198) Not Used) A-24 Surety Bonds n ~~ e.,,,,~ ,-.,,, Cvner~n+inn NO LONGER APPLICABLE (6111198] A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's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 Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work --- A-34 Precedence of Contract Documents A-35 City Water Facilikies Special Requirements A-36 Other Submittals (Revised 9118100) A-37 Amended "Arrangement and Charge for Water Furnished by the City' A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (Not Used) A-40 Amendment to Sec#ion B-8-6, Partial Estimates A-4.1 n-..,.,~ n,~..,....... {NOt Used) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9198} A-44 Change Orders (4126199) A-45 As Buif# Dimensions and Drawings (715!00} (Not Used) A-47 Pre-Construction Exploratory Excavations (715100) A-48 Overhead Electrical Wires (715100) A-49 Amended "Main#enance Guaranty" (8124100) A-50 Final Acceptance and Warranty A-51 Amended "Prosecution and Progress" Attachment I O. N. Stevens Water Plant Visitor/Contractor On-Site Permi# SECTION B --GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS PART T -TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS None in this Contract DIVISION 2 SITEWORK None in this Can#ract DIVISION 3 CONCRETE None in this Contract DIVISION 4 MASONRY None in #his Con#ract DIVISION 5 METALS None in this Contract DIVISION 6 WOOD AND PLASTIC None in #his Contract DIVISION 7 THERMAL AND MOISTURE PROTECTION None in this Contract DIVISION 8 DOORS AND WINDOWS None in this Contract DIVISION 9 FINISHES None in this Contract DIVISION 10 SPECIALITiE5 None in this Contract DIVISION 11 EQUIPMENT None in this Contract DIVISION 12 FURNISHINGS -°- 111 v ~v PART T -TECHNICAL SPECIFICATIONS (cant.} DIVISION 13 SPECIAL CONSTRUCTION None in this Contract DIVISION 14 CONVEYING SYSTEMS None in this Contract DIVISION 15 MECHANICAL None in this Contract DIVISION 16 Section 1649 d Section 16464 Section 16475 Section 16121 Section 16123 Section 96136 ELECTRICAL Electrical Generat Provisions Grounding Electrical Identification Medium-Voltage Cable Wire & Cable Raceways ENGINEERING STANDARDS None in this Contract LEST OF DRAWINGS G1 Cover Sheet E1 O. N. Stevens WTP Electrical Site Plan E2 O. N. Stevens WTP Substation Electrical Plan & Sections E3 O. N. Stevens WTP Pole Details E4 O. N. Stevens WTP 4.16kV One Line Diagram E5 River Station Electrical Site Pian E6 River Station Substation Electrical Plan & Sections E7 River Station Pole Details E8 River Station 4.16kV Overall One Line Diagram E9 Holly Road Electrical Site Plan E1d Holly Road 2.4kV Overall One Line Diagram NOTICE AGREEMENT PROPOSALIDISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Water Facilities Power Adjustment consists of the installation of power factor correction capacitors at three City Water Department facilities for the purpose of minimizing or eliminating the AEP power factor penalty. The Base Bid is for the ONS Water Treatment Plant; Additive Alternate No. 1 is for the ONS River Station; and Additive Alternate No. 2 is for the Holly Road Pump Station. Additive Alternate No. 2 also includes the installation of underground conduit for the connections of AEP furnished capacitors at the Holly Road Pump Station, all in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. one[ 28, 2008, 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., May 20, 2008 and will be conducted by the City. The location of the meeting will be the Chemical Building Ready Room, Q.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5°s bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatary 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 and 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 of an additional ($10.00y which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman, " or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPCIS CHRISTI, TEXAS /s/ Kevin Stowers, Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NQTICE T4 CONTRACTORS ~- A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: 7.'YPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property namage all certificates PER OCC[JRRENCE / AGGRECp'TE Commercial General I.iabiiity including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Farm 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOF3ILE LiAgTLITY-'-OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENfiED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHI$IT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental © REQUIRED discharge; to include long-tern X NOT REQUIRED environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSfiALLATTON FLOATER $100,000 Combined Single Limit See Section B-6--11 and Supplemental Insurance Requirements X REQUIRED ^ NOT REQUIRED Page 1 of 2 ^ The City of Corpus Christi must be named as an additional. insured on all coverages except worker's compensation liability coverage. ^ The name of the Project must be listed ender "description of operations° on each certificate of insurance. ~ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty [30) days prior 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 or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. $hou3.d yon have any questions regarding insurance requirements, ~,sl.ease contact the Contract Administrator at 880-3500. Page 2 of 2 ., ., NOTICE TO CONTRACTORS - B .... 1 .".l. ~ ill . l i itIe ~S. L~SL~R~.ti C~ Part II. TEAS ~~'ORIiERS' COh~iPENSATION CO~iI~iISSIO\` Chapret• 110. REQUIRED NOTICES OF COVERAGE Subchn~ter B. E~~PLOYER tiOTICES .::L'C ~ .; i C ~ i10.I10 Reporting xZeauirements for E~rilding or Construction Projects for Governmental Entities (a) The following words a.nd terms, when used in this rule, sE~all have the following meanings, unless the context cierrly indicates oL'~erwise. Terms not der.~-ned in this rule shall have the meaning de^ned ;,n the Texas Labor Code, if so de5.ned. (I) Certincate of coverage (ce::ihcate.-_~_ copy of a ce~.ificate oz i,surance, w certirtcate of autnorir~• to self-insure issrled by t:ne c: t:unissior4 er a workers' compensation coverage aseement (TWCC-S I, TWCC-o"2, TWCC-S3, or TWCC-S4), showing statutory workers' compensation insurance coverage for the person's or entit}rs e:nplayees {incisding those subject to a coverage 2greement} providing services on a project, for the duration of the project. {2) Building or construction--i~as tre me:.^.L*~~ defused in the Texas Labor Cade, ~ 406.Q96(e)(I) (3} Contractor--~ person bidding for or a~.varded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, § 401.011(44). (5} Coverage agreement--A written s~res^:ent on form TWCC-S1, form TWCC-S2, form .i WCC-S3, or forth TWCC-S4, fded with the Texas Workers' Competsation Commission which esrablishes a relationship between the parties for purposes o£ihe Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and estal~Iishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6} Duration of the project--Includes the time £ram the beginning ofwork on the project until tre work on the project has been completed a".d accepted by the gavern.•nentai entity (7} Persons croviding se^.~ices an the project ("subcontractor" i:. g 406.096 of the Act)--«rth the exception or persons excluded under suosections (h) and {i) of ties section, includes all persons or entities performing all or part of the services the contractor hzs undertaken to perform on the projecT~ regardless o: whether that person conuacted directly with the contractor and regardless of whether that person l:as emnlovees. Tl•.is includes but is not limited to independent contractors, subcontractors. leasing companies, motor carriers, owner-operators, employees of any such entiry, or employees of anv entity futrishing persons to pet?"arm services on the project. "Services" includes but is not li..^uted ~~ :~OTIC6 TO CpNTRpCTORS - -- Revised 1!13!981 8~'7/9s http:i/www.scs.state.tx.usltac!?B/ITJ1 i0/B/l 10.110.html page z of z Page ? c; 5 ;o o: c ~°c: _ -~,:iine, o: de~.•e~ng euuipr.:e:rt cr ...,....rw.is, cr or;.~-iding labor, tr~nszJc~z::cn, or other serer^ce re:z;ew .o z projec.. "Services' does not i._i;:ce acti.:ties ur,:eiated to the proiec:.:•,:ch as fooc,•~e~:erce vendors, c~.ce supply de>;veries, ar.~ ceiiverv ei sortable toilets. (8) PreieY --~:crudes the era.YSion oz all services re:a:ed [a a CL`i,::.ng or constn~c*aon cc::ract for a govern tie:::z.~ entity. (b) Prc~~airg or causing to oe provided a certitcate o: coverage ^ursuant to this rule is a represe^*.z:L by the insure :hat all employees of s e insure w•iZO are pro~zding services en the project W~e c:,vered by workers' compensation coverage, that the coverage is based on proper reporting of c;assil'zcation codes and payroll amounts, and that aL coverage agreements hive been filed with t=':e aakracriate insurance carrier ar, in the case of aself-insured, with the commission's Division of Se~~-h~s4ra.~ce Regulation Providing false or rrisierding cer t:ficates of coverage, or :ailing to provide or r: zintain require;: coverage, or failing tc report any c;.ange that materially arie~s the provision of coverage may s,:aject the contractor or other person providing services on the project to admirist, F:i~•e cenalties, criminal penalties, civil per:aities, or other civil actions. (c) A goverr.~ental entity ti:zt enters into a buildi.^g ar cons7zucL~on contract on a project s;,ali: (l}include ir. the bid speciucations, all the provisions of paraQrapz (~ ofthis subsecticn. Lsing the language req~..tired by parargraph (7) of this subsection; (2) as Dart ai L'~e contract, using the language requzred by para~aph (7} of this subsection, require the cantrzc~ar to perform as rewired in subsection (d) afthis section; (3) obtain L c:n the contrac~ar a certificate of coverage for each person providing services on the prajea, prior to that person beginrvrsg work on the project; (4} obtain frctn the contractor a new certificate of coverage showing extension of coverage: {A} before ire end of the czrr:ent coverage period, i~'L~te contra.c;or's current certificate e: coverage shows that We coverage period ends during the duration of the project; and (B) no inter t.~.an seven days oiler the expiration or"the coverage for each artier person providing services on the project whose current certificate shows that the coverage period ends wring the duration of the project; (5} retain cer-tincates of coverage on fle far the duration of the project and for three years Thereafter; (6) provide a copy of the cerincates of coverage to the commission upon request and to any perso^ entitle'? :c tlte.~ oy law; and (7} use the lz::,aage contained in the folIawing Figure i for bid specincations and cantra~~s. ;~ithout any additional wards or changes, except those required to accommodate the specific document in which the~° are contained or to impose stricter standards of docu.:ientation: T'28S l I0.1 IO(c)(7) tbl NOTICE TO CONTRACTCR5 - ~ Revised 1/i3l98} http://www.sas.stzte.tx.us/ta~'~3,~I/110lSlIIO.110.htrrl Fa9~ 3 of ~ 817198 ~~ T.~C 110.110 Page 3 or b } A contractor shall: i}provide coverage for its empie Y ees croviding services on a projecr, : t::e duration of the project ~»sed on proper reporting or cEassi.:4a::on codes and pa~TCii amounts a:.d .~::_ g ci any coverage :.Qreements; _;?} provide a certificate ofcovera_e showing workers' ccran_ ensation coverage to the governmental entity prior to beginning work on w^.e project; , {3} provide the governmental entire, r^or to the end of the coverage period, a new certificate of coverage showing extension of ccverage, if the coverage period shown or. t a ccntracta~s current certificate of coverage ends during th a duration of the project; (4) obtain from cash person providing services on a project, and provide to x a r~overninentai entity: (.~.} a certificate of coverage, prior to that person beguming work on the project, so the governmental entity will have on file certificates oz coverage showing coverage for all persons providing services on ;::e project; and (B} no later than seven days after receipt by the contractor, a mew certificate of coverage showing extension of coverage, if the coverzQe period shown on the current certtncat~ of coverage ends during the duration of the project; (5) retain all required certificates of"coverage on file for the duration of the project and far one year thereafter, (6) notify the gavertzmenta.I entity in writing by terrified mail or personal de?ivery, within ten days after the contractor Iaiew or- should have irnown, of any change that materially aaects the provision of coverage ofany person providing se.•-vicrs on the project; (7) post a notice on each project site informing all persons providing services oa the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Actor other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least l9 point normal type, and shall be is both English and Spanish and any other Ianguage common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, ~rvithout any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE . "The law requires that each person warldng on this site or providing services related to this construction project uaust be covere by workers' compensation insurance.::~s includes persons providing, hauling, or delivering eauiprnent or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee" "Call the Texas Workers' Compensation Commission at S 12-•4~}0-3789 to receive information on the legal requirement for coverage, to verily whether your employer has provided the required coverage, or to report an employes failure to provide coverage." NOTICE :~ CONTRACTORS - 9 `:tt l/ww~vsos.state.tx.us/tad28/III110B1110.110•htmi At~ls~d x113/981 g~/98 p• Pagc 4 a! T i5 T~:G :: ~. i 10 Ya~e 4 of 4 ^..,rP ~y ~ c:er~de se:-«ces c:: a ~'o~eci to: ~$) Cv traC:L:3.lly rem...... °~- :1 NerSen W'fif1 ~ti~r;ar.::~ Contrac:~ :~ (A) provide coverage based on proper rewara:.z of ciassincation cones _.~d payroll a~:.aunts and filing of any coverage agree^:en;s i'or °--'-' of its employees providis^~ se^.zces cn the project, .or the duration of the project; (B} prot-ide a certidc=te o= cavera~e to the can::actar prior to that person begirui~:~ ':tiOr1C on the praje~ ; (C) inCiLlCe lIl all COntraGS to provide s'e:-vices C;. the projec: t`:e iang'tlaee in sunse~.:en (e}(3) of this section; (D) provide the contractor, prior to the end or" u:e coverage pe:iaa, a new ce.'~inc:=.e oz cavera~e sltowinQ e;ctension of cover age, if the coverage Period shown on the current certincate of coverage ends du.^n~ the duration oz the project; {E) abtair. from each other wersan with wham is contracts, and provide to the cor..rac:or: (i) a certificate of coverage, prior to the other pe:-son beginnng work on the proje~; .^•d ('ti) prior to the end of the coverage period, a ..^.ew certificate of coverage showing e.~ctersion of the coverage period, if the coverage period shown on the current cenincate of coverage ends during the duration of the project; (F} retain all required certificates of coverage on file for the duration of the project a.-:a far one year there:ater; (G} notify the governmental entity in writing by certified mail ar personal delivery, within ten days aver the person knew or should have known, ai' any change that materially afrects tl~,e provision of coverar~e of any person providing services an the project; and {I~ contractually require ~..~ch other person wits whom it contracts, to perform as required by subparagraphs (A}-(H} of this para~-aph, with the Ce~~e of coverage to be provided to the person far wham they are providing services. {e) A person providing services on a project, other than a contractor, shall: {1) provide coverage for its employees providing services on a project, far the duration of the project based on proper reporting of classincation codes and payroll amounts and fihng of any coverage agreements; (2) provide a certificate az caverzge 25 required by its contract to DrOVtde Services Cn the project, prior to beginning work an the project; {3}have the foIIawing language in its contract to provide services on the project: "3y signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person simaing this contract who will provide services on the project will be covered by workers' compensation coverage NQ?ICE TO CONTRACTORS - B Revised 11L3/98} S/7I98 http://w arw.sos.state.tx.usltacl28/IIli i4B/110.1 IO.htrni page s of ~ ~.o ar.v ~.v.liu rage : at v IOr tie C:rrattOn OI t".~ prOlect, ti'•at the c:.': erage will be ~~ed an proper reportng of c:assincauon codes and payroll a::.ounts, and that all co~•erage agree.^.zer.:s :viii be flied with the agnropriate inscua^ce carrier ar, :the case of a self-insured, with the corunission's Division oi'Se!f-Insurance Retn:iation. Providing false ar misleading i;.zortriatian may subject the contactor to administrative penzites, criminal Fe^alties, civil penalties, or other civil ac-~ans." (4) provide the person for whom it is providing services an the project, prior to the end of the caverzge period shown an its current ceti c:te of coverage, a new certificate showing extension ox coverage, if the coverage period shown on the certificate ei coverage ends during the duration of the proje~ ; . {5} obtain from each person praviaung services on a proje~ under contract to it, and provide as required by its contract: (A} a certificate of raverage, prior to the ota7er person beginning work on the project; and {B) prior to the end of the coverage perioa, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the projee ; {6) retain afl required certificates of coverage on file far the duration of the project and for one year thereafter, (7) notify the governmental entity in writing by terrified mail or personal delivery, of any change that materially afrects the provision of Coverage of any person providing services on the project and send the notice within ten days after the person lu~ew ar should have known afthe change; and (8} canrractually require each other person with whom it contracts to: (A) provide coverage based an proper reporting of classification codes and payroll amounts and Sling of any coverage agree.~nents for all of its er:rpioyees providing services an the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the,praject; {L~ include in ail contracts to provide services an the project the language in paragraph {3} of this subsection; {D} provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period spawn on the current certificate of coverage ends during the duration of the project; (E) ootain irom each other person under contract to it to provide services on the project, and provide as requires by its contract: (i) a certificate of coverage, prior to the other person beginning waric an the projec ;and {ii} prior to the end of the coverage period, a new certificate of coverage showing extension of the _ _ coverage period, if the coverage period shown on the current certificate of coverage eras during the h 11www.sos.state.~.us/tac128/IIIIIQB/I1Q.IIO.html NorxcE ro corrrx~+czoas - s 817/98 ttp: Lieviscd 1/13!99! page 6 of 7 ~~ t~~ i;U.i1V duration ci t7e contract: Page 6 of 6 (F) retain ail required ce ~.:,.::tes of coverage en iiie for the duration oz t;.e project and for one year therearte:, {G} notify the governmental a^tiry in writistg by ce:tined mail or parso:tai delivery, within ten days after the per son knew or should have known, of any change that materaiiy affects the provision of coverage of any person providing services an the protect; and {H~ contractually require ewc ;person with wham it contracts, to perFcr.:t as required by this subparaQSaph and subparagrapizs {A}-{G) of this paragraph, with the c~:titicate of coverage to be provided to the person for v:nom they are providing services. {f) if any provision of this rule or its application to any person ar ~rc.;rnstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be even effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. {g) This rule is applicable for building or construction contracts adve ~'sed far bid by a governmental entity an or after September 1, 1994. This rule is also applicable for those building or constnsction contracts entered into on or ater September 1, 1994, which are not required by law to be advertised for bid. (h} The coverage requirement i.-t this rule does not apply to motor carrier s who are required Pursuant to Texas Givil Statutes, Article 5675c, to register with the Texas Deaartment of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 4~j). (i} The coverage requirement iri this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded froth coverage in accordance with the Act, § 406.497(a) (as added by House a~ 1089, 74th Legislature, 1995, § 1.20). This subsecson applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or cetvfiraxe of authority to self insure that is delivered, issued for delivery, or renewed an or after ranuant i, I99fi. Source: The provisions of this § 110.110 adapted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective Noveuzber 6, 1995, ZO TexReg 8609. Return to Section Andes NorrcE .a coHrRS~croRS - s Rtvfsed 1/I3/98! $~7~98 http://www.sos•state.tx.usitaclZ3lLVllOB/IIO.I10_himl Page ~ oe z SECTION A SPECIAL PROVISIONS WATER FACILITIES POWER ADJUSTMENT PROJECT NO. 8617 SECTION A -SPECIAL PROVISIONS A-1 Time and Place of Receiving ProgosalslPre-Bid Meetinq Seaied proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hail, 1201 Leopard Stree#, until 2:00 p.m.. Wednesday. May 28, 2008. Proposals mailed should be addressed in the following manner: City of Carpus Christi City Secretary's Office 1201 Leopard Street Carpus Christi, Texas 78401 ATTN: BID PROPOSAL - WATER FACILITIES POWER ADJUSTMENT A pre-bid meeting will be held on Tuesday, May 20, beginning at 10:00 a.m. The meeting will convene at the Chemical Building Ready Room, O.N. Stevens Water Treatment Plant, 13101 Ug River Road, Corpus Christi, Texas, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project This project consists of the installation of power factor correction capacitors at three City Water Depar#ment facilities for the purpose of minimizing or eliminating the AEP power factor penalty. The three facilities are the ONS Water Treatment Plant, the ONS River Station and the Holly Road Pump Station (which also includes the installation of underground conduit for the connections of AEP furnished capacitors), all in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the Total Base Bid. Information and documentation required by Items A-28 A-29 and A-30 of these S ecial Provisions are re uired to be submitted with the "Proposal". The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: Section A - SP (Revised 9N 6100) Page 1 of 29 9. 5% Bid Bond (Must reference Proiect Name as identified in the Proposal) (A Cashier's Check, certified check, money order, or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Information and documenta#ion required by items A-28, A-29 and A-30 of these Special Provisions. A-6 Time of CompletionlLiguidated Damages The working time for comple#ion of the Project will be 150 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services ar designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after fhe time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, '100 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 liquidated damages due the City. A„~7 Workers Compensation insurance Coverage !f the Contractor's workers' compensation insurance coverage far its employees working on the Project is termingted or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect an the effective da#e of cancellation of the workers' compensa#ion insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancella#ion of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has nok expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Pro osals Proposals faxed directly #o the City wilt be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the Genera! Provisions. A-9 Acknowled ment of Addenda 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-receip#. Since addenda can have signifcant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 9NB1Q0) Rage Z of 2i A-1 t} Wage Rates (Revised 715100) tabor preference and wage rates for Heavv 8~ Building Construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces Coun#y, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor ar 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 subcon#ractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obkain 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 MinoritylMinority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Coooera#ion wi#h Public Agencies (Revised 715100} The Contractor shall cooperate with all public and private agencies with facilities operating wi#hin the limits of the Project. The Contractor shall provide aforty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1-800-344-8377, Verizon Dig Alert @ 1-800-483-6279, and Lone Star Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer AIE Project ManagerlEngineer Traffic Engineering Police Department Water Division Wastewater Services Division Water Distribution Maintenance Foreman (Currently Frank Posada) Gas Division Storm Water Parks ~ Recreation Solid Waste Services Central Power & Light Ca. Southwestern Bel! Telephone Co. City Street Div, for Traffic 880-3500 880-3500 Michael E. Colwell, P.E. Colwell & Associates, lnc. 4444 Corona Drive, Suite 105 Corpus Christi, TX 78411 857-7094, fax: 851-8179 Mobile: 774-6208 880-3540 882-1911 857-1880 (880-3140 after hours) 857-1818 (880-3140 after hours) 991-2225 Fax 888-1019 885-6900 (885-6900 after hours} 857-1881 (880-3140 after hours) 880-3461 857-1970 299-4833 (693-9444 after hours} 881-2511 (1-800-824-4424,after hours} Section A- SP (RevEsed 9118100) Page3of21 SignallFiber Optic Locate Cablevision ACS! (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-92 Maintenance of Services 857-1946 857-1980 857-5000 {857-5060 of#er hours) 887-9200 {pager 800-724-3624) 813-1124 (pager 888-204-1679) 881-5767 (Pager 850-2981) 5121935-0958 (Mobile) 972-753-4355 The Contractor shall take all precautions in protecting existing utili#ies, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the locotion and nature of underground utilities, etc. However, the accurac and com leteness of such informa#ion is not uaran#eed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous opera#ion at his own expense. to the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended a# no increase in the Contract price. Ail such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a sa#isfactory outle#, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, baited, or Plumed over the streets or ground surface and Contractor must pay for ail fines and remediation #hat may result if sewage or other liquid con#acts 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 Ilnes 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 costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-94 Construction E ui ment S ilia a and Trackin The Contractor shall keep the adjoining streets free of tracked andlor spilled materials going to or from the construction area. Hand labor andlor 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. Section A- SP (Revised 9118!00) Page 4 of 21 Streets and curb line must be cleaned at the end of the workday or more frequen#ly, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filed with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concre#e and any other material tha# detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the "project"; therefore, no direct payment will be made to Contractor. A-16 Dis osallSalva a of Materials Excess excavated material, broken asphal#, 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 ContracteF A-17 Field Office ~~ ~~ The Contractor is not required to furnish a field office for this project. However, if the Contractor desires to locate a portable building at the O. N. Stevens Water Treatment Plant for arse of Contractor's employees (for storage of tools, parts, etc.), this is acceptable to the City. The size and location of the building at the site must be approved in advance by the City. The City shall have no liability for any of Contractor's property in such a building. The Contractor should be aware that: 1. There are several other trailers currently at the site. As a result, the space available may not be in a location convenient to the work to be performed. 2. Water, sewer, and telephone utilities may not be available in the immediate vicinity of the Contractor's trailer. The cost of extending these utilities to the trailer would be the responsibility~of the Contractor. 3. The cost of any building, utility, or other permits required for extending utilities and setting up the portable building are the responsibility of the Contractor. 4. No City shop facilities at the site are to be used by the Contractor. Section A - SP (Revised 9f18100) Page 5 of 27 A-18 Schedute and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three {3} working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items #o 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 dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Uada#e: Submi# Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-49 Cartstruction Staking The drawings depict lines, slopes, grades, sections, measuremen#s, benchmarks, baselines, etc. that are normally required to construct a project of this nature- The Contractor will furnish all lines, slopes, and measurements for control of the work. If, during construction, it is necessary to disturb or destroy a control point or benchmark, the Contractor shall provide the City Surveyor 48 #~ours notice so that alternate control points can be established by the City Surveyor as he deems necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the City Surveyor at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessi#ate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer #o revise the drawings. A-20 Testin and Certification The Contractor must provide all applicable certifications to the City Engineer. Section A - SP (Revised 91181;)0) Page 6 of 21 A-21 Praiect Sisins {NOT USED) A-22 MinoritylMinority Business Enterprise Participation Policy (Revised 1019$) 1. Poiicy it is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Ac#ion Policy Statement of the City dated October, '1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. 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 Pacit<c Islanders. For the purposes of #his sec#ion, women are also considered as minorities. Minority person(s) must collectively own, operate andlor actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Owned {a} For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. {b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person{s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person{s). 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 may be, must be entitled to receive 51.0% or more of the total profits, bonuses, Section A - SP (Revised 917$100) Page 7 of 21 dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corpora#ions, or any combination #hereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate in#erest 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 confract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25A% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggrega#e work force on all construction work for the Contrac# award are as follows: Minority Participation Minority Business Enterprise (Percent} Participation (Percent) 30°/a 0% b. These goals are applicable to a[E the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contrac#or or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or fnal 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 Inspection Required {Revised 715100) fNOT USED1 Section A- SP (Revised 9!1$!00) Page 8 of 21 A-2Q Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. if performance and payment bonds are in an amount in excess of ten percent (10%} of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amoun# #ha# exceeds ten percent {10°/a} 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 ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000, the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury ar must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United S#ates Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be fisted in the Federal Register as holding certifcates of authority on the date the bond was issued." ' {NO LONGER APPLECABLE} theFeef: ~ , , f 1 r5~ ~hi~,. nnnn„n+~ n~ ro.,~~ ~~ '~. Drnui~+a rac.~lo nor+i~n.~+oc +n c~.moliarc_ Section A- SP (Revised 9!78100) Page 9 of 21 }„rn inn~~nn .+ rnn..lo_~.ur}iFn_~}n }n Frio o r.nlinr ..... ., ....u....... u ~ asu. A-26 - Sugglemental_ Insurance, Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or ma#erial change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or ma#erial change to: Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty {30} calendar days after the date the City Engineer requests that the Con#ractor sign the Contract documents. Wikhin thirty. (30} calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-fi-11 of the Contract, the Contractor steal! obtain an endorsement #o the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The Ci#y need not be named as additional insured an Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 {a} of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the Ci#y, its agents, servants, and employees, and each of them against and hold i# 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 direc#ly by the negligence or other fault of the Ci#y, its agents, servants, or employees ar any person indemnified hereunder. A-27 Responsibility #or Dama_a_e,Claims Paragraph (a} General Liability of Section B-fi-11 of the General Provisions is amended to include: . Contrac#or must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Instaltation Floater coverage must be an "All Risk" form. Contractor must pay ail costs necessary #o procure such Installation Section A - SP (Revised 9118100} Page 10 of 21 Floater insurance coverage, including any deduckible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party bolding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 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 #han ninety {9Q) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents, and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. 2. The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and cra#ts. If the scope of the Project is such that a foreman is nok required, the Contractor's superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereko, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-73. A-3iD Amended "Consideration of Contract" Re uirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Section A- SP (Revised 9118100 Page 11 of 21 Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: A list of the major components of the work; 2. A list of the products #o 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. 5. 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 terms, that such MBE firms meet the guidelines contained herein. Similar substantiation wilt be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrake, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meek said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This lis# may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does nat approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcon#ractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitu#e or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documen#ation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5} days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state} Corporation or Partnership, and name(s) and Titles} of individuals} authorized to execute contracts on behalf of said entity. 11. A listing of existing and previous contracts of a similar nature, with a notation of which are current contracts; references [name and phone number} for a[I contracts of a similar nature completed with the past three years. Section A - SP (Revised 9118!00) Page 12 of 27 A-39 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8-8-5 PoNcy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" f3-3-5 Execution of Contract, add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, Ci#y Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers khe signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fuify with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred Eo en Special Provision A-9. 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 Specifications and the General Provisions will be given fast precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), constructlon plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements 1. VisitorlContractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a VisitorlContractor Safety Orientation Program conducted by the City Water Department Personnel. A VisitorlCon#ractor Safety Orientation Program will be offered by authorized City Water Department personnel for- those persons who do not have such a card, and who desire to perform any work within any City wa#er facility. For additional information refer to Attachment '!. Section A - 5P (Revised 9118100 Page 13 of 21 2. Opera#ion of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator ar other authorized maintenance employee of the City Water Departmen#. 3. Protection of Water Quality a The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the jab site and shall coordinate its work with the City Water Department to protect the quality of the water. ~F. Conformity with ANSilNSF Standard 69 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, ar any other items, which could come into contact with potable water, must conform to American National Standards InstitutelNational Sanitation Foundation (ANSIINSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform to ANSfINSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSIINSF Standard 61 approval for all materials which could come into contact with potable water. 5. Handling and Disi,osal of Trash All trash generated by the Contractor or his employees, agents, ar subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. 6. Contractor's On-Site Preaaration a. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. b. Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. c. Normal working hours for preventive and scheduled corrective maintenance will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. Preventive and scheduled corrective maintenance can be performed outside these hours only with the prior approval of the O.N. Stevens Water Treatment Plant Production Superintendent, Maintenance Superintendent, or their designates. There are no time restrictions on call-out maintenance. d. Contrac#or must not use any City facility restrooms. Contractor must provide own sani#ary facilities. e. All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contrac#or vehicles must be clearly labeled with company name. No private employee vehicles are allowed at O. N. Stevens Wa#er Treatment Plant. All Section A - SP (Revised 9!18100) Page 14 of 21 personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. ~r~~° '~~~Cp~~~~r~~~~~~ c nnifin.~+inrec _ n+~ .rn+nr :nrl~ ~n+w. • e rn..~ ~irr,ll L,.. FL~in nnnn:f:nn+:nnn ~ ' • ~ m +Lae. n+n r~n:fin'F hnrn:n , ' ' , Section A- SP (Revised 9118100) Page 15 of 21 8. Trenching Requirements All trenching for this project at the O. N. Stevens Water Treatment Plant, O.N. Stevens River Station and Holly Road pumping Plant shall be performed by first using hydro excavation to locate any underground utilities ar obstructions to the full required depth of the excavation. The remaining trenching shall then be performed by backhoe or hand-digging due to the number of existing underground obstructions. Na trenching machines shall be allowed on the project. A-3G Other Submittals Shop ,Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number 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. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittais must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor ar supplier; pertinent Drawing sheet and detail numbers}, and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer fior approval, and coordinate the submission of rela#ed items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Space Requirements: Con#ractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers #o promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the foil range of manufacturers' _ _ standard colors, #extures, and patterns for City Engineer's selection. Seckion A - 5P (Revised 911$100 Page 1fi of 21 3. Test and Repair Report When specified in the Technical Speci#ications Section, Contractor must submit three {3} copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise. the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts," B-6-~ 5 Arran. eq rr~ent and Charge for Water Furnished by the Citv, add the following: 'The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended {the "Plan"}. This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Projec# site throughout construction." A-38 Worker's Com ensation Covera a far Buildin or Construction Pro'ects for Government Entities The requirements of "Notice to Contractors 'B"' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance fNOT USED} A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory fNOT USED A-42 OSHA Rules & Regulations It is the responsibility of the Contractor{s} #o adhere to aA applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification ~ Hold Harmless Under "Genera! Provisions and Requirements for Municipal Construction Contracts" B-fi-2'i Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, Section A - SP (Revised 9118100) Page 17 of 21 materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys. and agents harmless and shall indemnify the City, ifs officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the ci#y, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order{s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (man-hours and hourly rates, cost of materials and equipment, miscellaneous expenses, overhead and profit, etc.). Breakdown information shall also be furnished for any subcontractors used to perform the work. This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawin s 715100 Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of al! work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions/field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to scope of work. e. Any other changes made. A-46 Dis asal of Hi hl Chlorinated Water 715100 NOT USED cvo}o ra f.~r rain r~.+nnl i.f .. n}.-„„:,....}..d . ..i... , A-47 Pre-Cons#ruction Ex lorato Excavations 715100 Prior to any construction whatever on the project, Contractor shall utilize hydro excavation methods to expose all existing possible interferences (piping, electrical conduits, structures, etc.) with the proposed work, and the Contractor shall survey the exact vertical and horizontal location of each _ _ potential interference. The dep#h of the exploratory excavations is .dependent upon the work to be performed and is not required to be greater than the depth necessary far the actual project work to be performed as long as ail possible interferences have been identified. Section A - SP (Revised 9!18100) Page 18 of 21 Contractor shall then prepare a report for each separate portion of the project and submit it #o the Engineer for approval indicating the identity of the possible interferences excavated and surveyed, as well as the approximate station thereo#, distance to the proposed work, and elevations of the top of existing possible interferences. The Contractor shall perform no construction work on any portion of the project until all exploratory excavations relating to that portion of the project have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a subsidiary basis and shall include any repairs (asphalt, concrete, etc.) associated with the excavations. Con#ractor shall provide ail his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (715100) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment benea#h overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., #o ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring #hat no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-Q9 Amended "Maintenance Guarantv" (8124100) Under "General Provisions and Requirements for Municipal Construction Contracts," B-8-1 ~ Main#enance Guarantv, add the following: 'The Contractor's guarantee is a separate, additional remedy available #o 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 Can#ractor or any other individual or entity." A-50 Final Acceptance and Warrant Each item of work performed under this contract shall be subject to inspection and acceptance by the City's Inspector. The Contractor shall notify the Inspector when each work item is completed and shall submit a completed work order or calibration form to the Inspector. The Inspector will then make a final inspection of each work item; and, if the work is satisfactory and in accordance with the specifications and contract, he will sign the work order or calibration form and certify such completion for Final Acceptance. The Contractor shall warrant all materials and equipment furnished by Contractor and all labor and workmanship for a period of one year (12 months) from the date OF Final Acceptance of each work item. A-51 Amended "Prosecution and Progress" Under (General Provisions and Requirements for Municipal Construction and Contracts), B-7 Prosecution and Progress, add the following: Section A - SP (Revised 9178100 Page 19 of 29 Contractor shall then prepare a report for each separate portion of the project and submit it to the f~ngineer for approval indicating the identity of the possible interferences excavated and surveyed, as well as the approximate station thereof, distance to the proposed work, and elevations of the top of existing possible interferences. The Contractor shall perform no construction work on any portion of the project until all exploratory excavations relating to that portion of the project have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a subsidiary basis and shall include any repairs (asphalt, concrete, etc.) associated with the excavations. Contractor shall provide all his own survey work effort {na separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (715100) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shah use all due diligence, precautions, etc., to ensure that adequate safety is provided far all of his employees and operators of equipment and with regard #o ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shalt be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" {$12~I100} lJnder "General Provisions and Requirements for Municipal Construction Contracts," B-8-11 Maintenance Guaranty, add the fallowing: '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 Final Acceptance and Warrant Each Item of work performed under this contract shall be subject to inspection and acceptance by the City's Inspector. The Contractor shall notify the Inspector when each work item is completed and shall submit a completed work order or calibration form to the Inspector. The Inspector wilt then make a final inspection of each work item; and, if the work is satisfactory and in accordance with the specifications and contract, he will sign the work order or calibration form and certify such completion for Final Acceptance. The Contractor shall warrant all materials and equipment furnished by Contractor and all labor and workmanship for a period of one year (12 months) from the date OF Final Acceptance of each work item. A-59 Amended "Prosecution and Pros~ress" Under (General Provisions and Requirements for Municipal Construction and Contracts), B-7 Prosecution and Pronress, add the following: Section A - SP (Revised 9118100) Page 19 of 21 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 24TH day of JUNE, 2008, by and between the CITY OF CORPIIS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and R.E.Rabalais Constructors, Ltd. dba Rabalais I6E Constructors termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $189,600.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WATER FACILITIES POWER ADJUSTMENT PROJECT NO. 8611 (TOTAL BASE BID: $189,600.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 HATER FACILITIES PO~iER ADJUSTMENT Project No. 8611 Saae Bid I II III IV V BID ITEM Unit EBTENSION Prise IN -(QTY R UNIT ITEM QTY Description FIGURES PRICE) 1 Lump Mobilization, Demobilization, Sum Submittals, Reports, Record Drawings, meetings, complete and in-place, Lump Sum e~o ovo $ av, vv o 9.16 kV capacitor banks at O.N. 2 Lump Stevens Water Treatment Plant, Sum including capacitors, poles, conduit, wiring, controls, testing and commissioning l t d i l '~ ' ~ $ z a ov comp e e an n p ace, Lump Sum 4.16 kV capacitor banks at O.N. 3 Lump Stevens River Station, Sum including capacitors, poles, conduit, wiring, controls, testing and commissioning com let d i l ~2/sOO $ .Z DO ~ S p e an n p ace, Lump Sum ~ 4 Lump Underground conduit for AEP Sum 12.47 kV capacitor banks at Holly Rd. Pump Station complete and in place, Lump Sum ~~~DO $ Z TOTAL SASE SID: (Sid Items 1 - 4) ~ !P`~ ~av Proposal Form The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTE City Secretary APPROVED AS '~O LEGAL FORM. By: ~A--~~1\~ Ass~ity Attorney Services ATTEST: (If Corporation) (Seal Below) (Note r: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI B Y ~ Gmtd/~~ // d8 Ange Escobar, Interim Asst. Cit Mgr. of Public Works and Utilities BY: <~~_ 7~~a~ Kevin Stowers, Interim Director of Engineering CONTRACTOR R.E.Rab 's Co tract s Ltd. dba a onst et rs By: Title: ~Cf,S~ ~2/\~' P.O.BOR 10366 (Address) CORPIIS CHRISTI, T% 78460 (City) (State)(ZIP) 361/242-3121 * 361/242-3303 (Phone) (Fax) 1 ~~ AU 1 NUkiL4 dY C-0UNCIL Agreement Page 2 of 2 SECRETARv P R O P O S A L F O R M F 0 R WATER .FACILITIES POWER ADJUSTMENT Project No. 8611 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 9 P R O P O S A L Place: Cor pus Christi, TX Date: 05/ 28/ 08 Proposal of a Corporation organized and existing under the laws of the State OR a Partnership or Individual doing business as R.E.' Rabalais Constructors, Ltd. dba Rabalais I&E Constructors TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes t,o furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: WATER FACILITIES PO-iER Project No. 8611 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form WATER FACILITIES POWER ADJ[TSTMENT Project No. 8611 Sase Bid I II III IV V BID ITEM Unit EETENSION Price IN (QTY 8 UNIT ITEM QTY Desoriptioa FIGURES PRICE) 1 Lump Mobilization, Demobilization, Sum Submittals, Reports, Record Drawings, meetings, complete and in-place, Lump Sum ao ono $ .ZV~ (~O U 4.16 kV capacitor banks at O.N. 2 Lump Stevens Water Treatment Plant, Sum including capacitors, poles, conduit, wiring, controls, testing and commissioning com lete d i l r7.~ ^~_ $ ~~ av p an n p ace, Lump Sum 4.16 kV capacitor banks at O.N. 3 Lump Stevens River Station, Sum including capacitors, poles, conduit, wiring, controls, testing and commissioning complete and in l 5OO ~2 ~ S $ ,Z 00 p ace, Lump Sum ~ ~ 4 Lump Underground conduit for AEP Sum 12.47 kV capacitor banks at Holly Rd. Pump Station complete and in place, Lump Sum ~~~~ O $ Z TOTAL BASE BID: (Bid Itema 1 - 4) $ lP9.~oa Proposal Form OF QUALIFICATIONS This section will be used by the Owner and Engineer for consideration of-the bid Award. The Contractor, subcontractors, and supplier shall be qualified and experienced in the performance of the work as described in the Special Provisions, Items A-30 and A-35. The following statement shall be filled out in order to demonstrate compliance with the qualifications and experience requirements. All questions must be answered and the data given must be clear and comprehensive. This statement must be submitted v-ith the proposal. If necessary, questions may be answered on separate attached sheets. Do not attach general advertising and marketing literature; non- relevant materials will not be considered as part of the proposal. Failure to castplete the Qualifications Statement completely and accurately shall be sole cause for the proposal to be coasidsrad aoa-responsive. Proposals Frith an iacomplate Qualifications atatemsnt Mill not be evaluated and vrill be rejected. Information and documantatioa required by hams A-28, A-29 and A-30 of the Special Provisions for this contract shall be submitted and submitted xith the proposal. COD~ANY INFORN!-TION 1. Name of Firm/Company submitting Proposal Form (Prime Contractor only): R.E. Rabelais Constructors, Ltd. dba Rabelais I&E Constructors 2. Permanent main office address and telephone number: 11200 Up River Rd., Corpus Christi TX 78410 3. When organized: 09/1984 If a corporation, where incorporated: 4. Contracts on hand: 7 showing name and address of approximate anticipated date _ (Provide a Owner, amount of of completion.) schedule of these, each contract and the Attached 5. Have you completed all contracts awarded to you? x Yes No. If no, submit details: Proposal Form 6. Have you ever defaulted on a contract? Yes x No If yes, where, why, name of project, name and address of Owner, and name of bond carrier: 7. is your firm presently engaged in litigation with respect to any claim regarding contract performance: _ Yes x No. If yes, submit description and state case number, style of case and court in which pending or in which judgment was entered: 8. Has your firm ever been assessed liquidated damages on any project? x Yes _ No. If yes, submit details, including name and address of the owner of the project. City of Corpus Christi, P.0. Sox 9277, Corpus Christi, TX - Williams St./ Country Club L.S. 9. Have the principals of your firm been engaged in the instrument and electrical contracting business under any other name within the past five (5) years? If so, please provide the name of such principal(s) and the name and address of the former business: N/A Proposal Form LIST OF FIRMS SUBCONTRACTING ON THIS PROJECT In conformance with the Contract Documents, listed below are the names, addresses and phone numbers of the firms subcontracting on this contract and to what extent they will be used if awarded this contract. This list shall not be modified except as requested of and approved by the Owner, in. writing. State if no subcontractor firms will be used. Name and Addyeas of Subcontractor Type of 1Pork AMP Services Asphalt Repair 6423 Leopard, Corpus Christi, TX 78409 Ornnneal Cnrm WATER BACILITIES PC~iSR ADJUSTMENT Project No. 8611 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that, he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Busiaesa Enterprise Participatioa: The apparent low bidder shall, within five days of receipt of bids, submit to the Cit)+ Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documeats: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within Cane Hundred Fifty (150) calendar days from the date designated by a or r er. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfully subm' ted: Name: R.E Raba~lais Cona ~ tore Ltd., dba Rabelais IfiE Constructors By: (SEAL - IF BIDDER IS SIGNATURE) a Corporation) Address: P.o. sox 10366 / 11200 Up River Rd. (P.O. Box) (Street) Corpus Christi, TX 78460 (City) (State) (Zip) Telephone:361-242-3121 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Fozm P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 5021322 KNOW ALL BY THESE PRESENTS: THAT R.E.Rabalais Constructors, Ltd. dba Rabelais I&E Constructors of NUECES County, Texas, hereinafter called "Principal", and SURETEC INSURANCE COMPANY , a corporation organized under the laws of the State of TExas and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUNDRED EIGHTY- NINE THOUSAND, SIX HUNDRED AND NO/100 ($189,600.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated: the 24TH.. of JUNE ., 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: WATER FACILITIES POWER ADJUSTMENT PROJECT NO. 8611 (TOTAL BASE BID: $189,600.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1sT day of JULY 20oB PRINCIPAL ATTEST SURETY By: Attorney~uf-fact MARY ELLEN MOORE (Print Name) Agency: Contact Person: Address: Phone Number SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORF. P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of con tra ct)(Revised 3/08) ~~: ~;~ `. t.~'~'~ 00~' .. .a e` 90 ! 'Ct~~'.giC Performance Bond Page 2 of 2 t~ob Cudel,er, t'cesid.er~~ (Print Name & Title) P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 5021322 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT R.E.Rabalais Constructors Ltd. dba Rabalais I6E Constructors Of NUECES County, Texas, hereinafter called "Principal", and SURETEC INSURANCE COMPANY , a corporation organized under the laws of the State of TEXAS and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED EIGHTY-NINE THOUSAND SIX HUNDRED AND NO/100($189,600.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE COND%TION OF THIS OBLYGATION IS SUCH THAT: Whereas, the principal entered into a certain contract -with the City of Corpus Christi, dated the 24TH day JUNE 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: WATER FACILITIES POWER ADJUSTMENT PROJECT NO. 8611 (TOTAL BASE BID: $189,600.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter. be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIAED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given Vernon's Civil Statutes the State of Texas. Th as used herein are in Article. 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 is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 1sT day Of JULY 2O 08 ATTEST SS (Print Nayle & Title) SURETY SURETEC INSURANCE COMPANY ~ -'`'~-~~` L .ej -. _~ Attorne .- -fact MARY ELLEN MOORE (Print Name) ~7eII~l TADNTUFD n r_nonnm TNSnRANCF. AC:F:NC~' COI1t8Ct PEZSOA: MARY FT.T.F.N Mn(1RF. A~TE33: P_(l_ R(lX R7n CORPUS CHRISTI, TEXAS 78403 Phone N~ber: 3h1-8R3-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 1~ob CuJa1~e~, CCes~deh~ (Print Name & Title) pop q; 4221023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Rnow Al! Men by 77rese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation drily organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hatris County, Texas, does by thesp presents make, constitute and appoint Randal M. Lee, Mary Ellen Moore, Kristi Roberts, Leroy A. Ryza, Diann Eisenhauer of corpus Christi, Tx its true and lawful Attorney(s)-in-fact, with full power and authority lierebg conferred in its name, placeand stead, to execute, acknowledge and deliver any and all bonds,. recognizances, :undertakings. or .other instruments or contracts of suretyship to include waivers to he conditions of contracts and. consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested 6y its Secretary, herebyra[ifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/10 and is made under and. by authority of the following resolutions of [he Board of I)trectors of the SureTec Insurance Company:. Be it Resolved, that the President, any Vice-President, any Assistant`Vice-President, any Secretary pr any Assistant Secretary shall be and is hereby vested with full power end auihoriry to appoint any one or more suitable persons as Attorney(s)-itrFact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-ih-Fact may be given full powor and authority for and in the name of and of behalf of the Company, tp. execute, acknowledge and delivpr, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's Jiatiility thereunder, and any sash instruments sp executed by any such Anorney-in-Fact shall be binding aeon the Company as if signed by the President and sealedandeffected by the Corporate Secretary. Befit Resolved, thatthe sigaaturerof any authorized ofticer and seal of theCOmpany heretoforeor hereafter affixed tp any power pf attomey or any ceri0cate relating thereto by facsimile, and any power of attomey or certificate bearingfncsimile signature or facsimile seatstiail be valid and. binding upon the Company with respect to any bond or undertaking to which itis attached. (Adopted at a meeting held on 2d" ojApril, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed 6y its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. s~aatao TEC RANCE COMPANY `a ~, .........,FO ~ muf x 9 tom; By. wo(`m~~ B.J.Ki g, reside't State of Texas ss: ~ T ,.._~ County ofblarris On this 20th day of June, .4.D. 2005 before me personalty came B:J: King, tp ma known, who, being byme duly sworn, did depose and say, that he resides in Houston,'Texas, that he is President of SURBTEC INSURANCE COMPANY, the company described in and which executed the above instmment; that he knows the seal of said Company; that the seal affixed to said instmment is such corporate seal; that it was so affixed by order of the Hoard of Directors ofsald: Company; and that he signed his name thereto by like order: MicheNt3 Denny '"" OlohxY Pldlpo • mate d lexw 'Y~'Lu.~11?.it1i~ ~t° Vl,i'Lt~-,. ~~~ ~yCdrNnldOnE>q>tre8 Michelle Denny,NoteryP fie Allgust27, 2008 Myaommission expQes August 27, 2008 I, M. Brent Healy, Assistant Secretary of SURETEC MSURANCECOMPANY, do hereby ceniry that the above andforegoing is a true and correct copy of a Powerof Attorney, executed by said Company,which is stillin full force and effect; and'furthermore, the resolutions of the Hoard of Directors, set out in the Power of Attorney are in full forcb and effect. - Given under myhand and the seat of said Company at Houston, Texas this 1ST day JU Y 2D 08 A.p, . Brent Bea , istant Sec tary Any instrument Issued In excess of the penalty stated above is totally void and without any validity. For verl0wtion of the authority of this power you may cell (713181&ifa0q any business tlay between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi 8 Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the pertormance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 11.11.03 CITY OF CORPUS CHRISTI ~, DISCLOSURE OF INTERESTS Ctty of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with. the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME R.E. Rabalais Constructors, Ltd. dba Rabalais I&E Constructors STREET: _11200 Up River Rd. CITY: Corpus Christi Zlp; 78410 FIRM is: 1. Corporation 2. Partnership x 3. Sole Owner 4. Association _ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each °employee" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named °firm". Name Job Title and City Department (ff known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest. constituting 3% or more of the ownership in the above named Yrm". Name Title N/A 3. State the names of each "board member" of the Ciiy of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named Yrm°. Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a 'consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named Ynn". Name Consultant N/A CERTIFICATE I certify that all information provided is true and corcect as of the date of this statement, that I have not knowingly withheld disclosure of any lnfortnation requested; and that supplemental statements will be promptly submitted to the City of Corpus ChristiI, TeXas as changes occur. Certifying Person: Kevin Sharg/ - ~r/FF~~~/m/fry/Y//~ Title: Vice President YM °n nn Signature of Certifying Person: ~_~ Date: 0 5 / 2 8 / 0 8 Pzoposal eozm DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part tlme basis, but 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 to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, Joint stock company, joint venture, receivership or trust and entitles which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when'such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consukatlon and recommendation. Proposal Form Page 9 of 9 ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM'YY) 7 1 2008 PROOUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (CC) swantaer 5 cordon insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE p. o. Box 57o Corpus Christi TX 78403-0870 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (361) 883-1711 (361) 549-0101 INSURERS AFFORDING COVERAGE NAIC p INSURED / / INSURER A: AmeziCm Intern S aCialt LaB 40255 R 8 Rabelais Constructors, Ltd I) INSURER e: TeXBe Mutual Iaeurmce C m P.O. Box 10366 INSURER C: Southern InsUranCa m 19216 Corpus Christi TR 75460 INSURER D: Praetorian Sacialt Inmrance 44776 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' ppLICY NUMBER POLICY EFFECTWE POLICY E%PIRATION LIMITS GEN ERAL LIABIDTY EACH OCCURRENCE E 1 0 0 000 D X COMMERCIAL GENERAL LIABILITY PSITX0002571 10/1/2007 10/1/2008 PREMI nmce E 100,000 CLAIMS MADE ^X OCCUR / MEO EXP A orre parson E 5,000 X XCD InClufled (~ ~ PERSONALBAOV INJURY E 1,000,000 GENERAL AGGREGATE E 2,000,000 GEN 'L AGGREGATE LIMIT APPLIES PER- PRODUCTS-COMPoOP AGG E 2,000,000 POLICY X PR0. LOC 1 w 6~a~£ica 1,000,000 AUT OMO&LE LVIBILITY COMBINEDSINGLE LIMIT / E C R ANY AUTO BAP5635511 10/1/2007 10/1/2008 (Ee acdOMq y 1,000,000 ALL OWNEDAUTOS 1 BODILY INJURY f SCHEDULED AUTOS ~/ IPer DersoN X HIRED AUTOS BODILY INJURY E X NON-0VvNED AUTOS lPm aoa0enl) PROPERTY DAMAGE E (Per acdOmO GIIRAOE LU181LITY AUTO ONLY-EA ACCIDENT E ANY AUTO EA ACC OTHER THAN E AUTO ONLY: AGG E E%CE84lUMBRELLA LV181LITY EACH OCCURRENCE E 15,000,000 A % OCCUR ~ CLAIMS MADE 494391 10/1/2007 10/1/2008 AGGREGATE E 15,000,000 3 f DEDUCTIBLE )J E X RETENTION S 10,000 S B WORXERS COMPENSATION AND ' TSP0001183839 < 10/1/2007 10/1/2008 X WC STATU- DTH- EMPLOYERS W BIQTY ANY PFiOPRIETORIPARTNER/EXECUTIVE / E.L. EACH ACCIDENT E 1,000,000 OFFICERIMEMBER EXCLUDED7 d ~ E. L. DISEASE-EA EMPLOYE E 1,000,000 Byes, tlBanf08 Va4x SPECIA E.L. DISEASE-POLICY LIMIT f 1,000,000 D 0 Iastallatioa Floater PSITX0002571 10/1/2007 10/1/2008 D 8quipment Floater --+ PSITX0002571 10/1/2007 10/1/2008 Bach Installation $500,000 Aeated/Leased $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VENK:LE81 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: mater Facilities Power Adjustment-Project No. 8611. Additional Insured is favor of certificate holder ae required by written insured contract applicable to Oeaeral Liability and Auto Liability. Waiver of 6ubrogatioa where requited by written insured contract applicable to Norkere~ Comp, GL and Auto. •30 Day NOC not applicable to Dmbrella Policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Corpus Chxieti Hagineering Sarvi Cee NOTICE TO TIE CER7IFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO W 80 SHALL P O BoX 9277 IMPOSE NO OBLIGATION OR LUIBIQTV OF ANY RIND UPON THE INSURER ITS AGENTS OR REPRESENTA7NE3. Corpus Christi T% 78469 AUTNORI2ED REPRESENTATNE / G ACORD 25 (2UUl/U8) ®ACORD CORPORATION 7988 Page 1 of 2 ~/i/zoos IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, eMend or alter the coverage afforded by the policies listed thereon. /1V VRU LO ~LVV 1/VOr Page 2 of 2 A~DflDA'9'Y®NAY, gNT~UR~YD El~'HD®YgS~1dH~N'~' b THIS ENDORSEMENT, EFFECTIVE ON 10/01/2007 AT 12:01 A.161. STANDARD TIME, FORMS A PART OF POLICY NUMBER PSYTX0002571 OF THE PRAETORIAN SPECIALTY INSURANCE COMPANY ISSUED TO R E RABALAYS C®NSTRUCT®RS LTD IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THIS POLICY. THIS ENDORSEMENT APPLIES. TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT; PRIOR TO THE OCCURRENCE OF ANY LOSSES. BLANKET AS REQUIRED BY WRITTEN CONTRACT ~;? w ~~ y, ~~:i ~ $100. FULLY EARNED FLAT CHARGE ADDLINS Insrseds R. E. Rabalais C~nstnictorsyY.td!. % Policy #sBAP5635511 d Terms 1¢/1/2007 to 10/1/2008 ~9anket Addati®raal 9o~saared This endorsement changes 4he policy. Please read it carefully This endorsement modifies insurance provided under the following. Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form The provisions and exclusions that apply to Liability Coverage also apply to this endorsement Where required by contract, the names and You are authorized to act for the additional insured addresses of all additional insureds on file with the in all matters pertaining to this insurance. insurer or the agent is an insured, but only with respect to legal responsibility for acts or omissions of We will mail the additional insured notice of any a person for wham Liability Coverage is afforded cancellation of this policy. If the cancellation is by us under this policy. , we will give ten days notice to the additional insured. The additional insured is not required to pay for any premiums stated in the policy or earned from the The additional insured will retain any right of policy. Any return premium and any dividend, if recovery as a claimant under this policy. applicable, declared by us shall be paid to you. ~~ 1 0l1 'E'1FIIIIlPTY --.~Y N®'Il'IlC~ ®F CA1~Ic~ELH,A'Il'II®I~I J THIS ENDORSEMENT, EFFECTIVE ON 10/01/2007 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NUMBER PSITX0002571 OF THE PRAETORIAN SPECIALTY INSURANCE COMPANY ISSUED TO R E RABALAIS CONSTRUCTORS LTD IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE OF CANCELLATION WILL APPLY, EXCEPT FOR NON-PAYMENT OF PREMIUM, THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY. BLANKET AS REQUIRED BY WRITTEN CONTRACT ' . = -, SPECIAL-1 VYAIIVIEIIB ®~' ~llJB&~®~A'H'g®N ]ENA-®RS~M~I~I'E' THIS ENDORSEMENT, EFFECTIVE ON 10/01/2007 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NUMBER PSITX0002571 OF THE PRAETORIAN SPECIALTY INSURANCE COMPANY ISSUED TO R E RABALAIS CONSTRUCTORS LTD IT ]S AGREED THAT THE COMPANY RECOGNIZES THE VALIDITY OF ANY WAIVER OF SUBROGATION WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH THE OPERATIONS OF THE NAMED INSURED, IF SUCH WAIVER WAS EXECUTED BY THE NAMED INSURED, AS REQUIRED BY WRITTEN CONTRACT, IN WRITING PRIOR TO THE OCCURRENCE OF ANY LOSS COVERED BY THIS POLICY: BLANKET AS REQUIRED BY WRITTEN CONTRACT $100.00 FULLY EARNED FLAT CHARGE WAIVER POLICY NUMBER: BAP 5635511 00 COAhpfltERC1AL.tAUTO CAo 02 44 06 04 T8-BI~ Eid®®RSEAflE~T CHA~G~S THE ~®LICV. ~~EASE 62Ek!® IT CA92EF~9L~V. TES ~AfJCELLA~I®N PR®®/ISI®N ®R C®VERAGE CHANGE EN®®12SEMEfVT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ~!/// GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 09/06/2008 Named Insured: R. E. RABALAIS coNSZaocTOas, LTD. I - (Auth'brizedReeresentalivel SCFI~DULE Poumber o0 ®ays' Plotice 30 Poame Of Person Or Organization BLANKET AddreSS X Corpus Christi, TX 78960 'EXCEPT 10 DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM ANY CERTIFICATE HOOLDER WHO REQUIRES BY WRITTEN CONTRACT WITH THE NAMED INSURED TO HAVE SUCH GIVEN AND EY1R WHOM A CERTIFICATE IS ON FILE WITH THE AGENT. It tnis policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 off i ^ ~ lnsa~r~e R. E. Rabalais Gonstraictorsy btd. ~ / Poliaya BAP56355flfl V Terme 10/1/2007 to 1O/Y/2~8 This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form Where required by contract, Loss Conditions A.S., "Transfer of Rights of Recovery Against Others to Us", does not apply if the persons or organizations are on file with the insurer or the agent. .:i' ' :._, CA R002 0202 Page 1 of 1 1IVOR6(ERS' COMPENSATION AN®E .DYERS LIABILITY INSURANCE POLICY TEXAS fiIOTICE OF MATERIAL CHANGE EIVDORSEMEIVT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI PO BOX 9277 ENGINEERING SERVICES CORPUS CHRISTI, TX 78409 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following "atlaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Ap e i I B , 2008 at 12:07 A.M. standard time, forms a part of Policy No. TSF-D001183839 20071001 of the Texas utuallnsuranceCompany Issued to R E RABALAIS CONSTRUCTORS LTD _\V// Endorsement No. 4 DBA: RABALAIS I & E CONSTRUCTORS e Premium $ 0.00 ~ RR 6 Authorized Representative °O wC42060t IED.9S4) OR AGENT'S COPY BSBUHAV 5-27-2008 WORPLERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLIGY . TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver trom us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 .OD percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issuetl subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001183839 20071001 of the Texas Mutual Insurance Company Issued to R E RABALAIS CONSTRUCTORS LTD Endorsement No. Premium $ ~a P Authorized Representative wcazosoaA teo. 1-olaooo) AGENT'S COPY BSBUHAY 9-26-2007 GENERAL ENDORSEMENT Name of person or organization insured R_ F'_ .Rahalai c ['nnctnrtnrc~i.tr#_ Date this endorsement takes effect 10/1//2007 Endorsement Number Policy Number PSTIR0002571 ?/ Polic Period 10/1/2007-10/1/2008 / Installation Floater Name of Company issuing this endorsement Praetori•ain-=~ i al Y Lncnr~ncg Cn. (We wil I not fill in the above unless we issue this endorsemrnt after we issue your policy) Inconsideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services P.O. Box 9277; Attn: ContractAdministrator - Corpus Christi, TX 78469-9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, the issuing company will mai130 days written notice to the above named. N Signature: Authorized Agent ATTACHMENT4 1 of 1 KK-GL00