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HomeMy WebLinkAboutC2008-268 - 7/22/2008 - ApprovedI' u 2008 -268 07/22/08 M2008 -184 Jhabores Construction Co. S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D FORM'S O F CONTRACTS & BONDS F O R CIMARRON AT`YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PREPARED FOR: WASTEWATER D[PARTYZNT May, 2008 Wastewater Department City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 -9277 2725 Swantner St. CORPUS CHRISTI, TX 78404 -2832 (361) 854 -3101 FAX (361) 854 -6001 U.E.JOB NO. 26175.A8.01 PROJECT NO.: 7405 DRAWING NO.: STL -167 -i % QF• TF 1 I. MARK A. MARONEY 62015 c "'ss At- N ∎"5411:0 e6 City of Corpus ufrs E. Christi ADDENDUM NO. 1 June 11, 2008 TO: ALL PROSPECTIVE BIDDERS SUBJECT: CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the Addendum shall remain unchanged. I. NOTICE TO BIDDERS AND PART A - SPECIAL PROVISIONS PARAGRAPH A -1. TIME AND PLACE OF RECEIVING PROPOSALS /PRE -BID MEETING CLARIFICATION Prospective Bidders are hereby advised that there will be no pre -bid meeting for this project. To access this Addendum online, go to: www.ccengprojects.com Please acknowledge receipt of this addendum in the appropriate place in your Proposal Form. END OF ADDENDUM NO. 1 Kevin Stowers Interim Director of Engineering Services ADDENDUM NO. 1 Page 1 of 1 S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D FORMS O F C O N T R A C T S & BON D S F O R CIMARRON AT`YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PREPARED FOR: ae ¥mob. WASTEWATER DE•A)TWENT May, 2008 Wastewater Department City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 2725 Swantner St. CORPUS CHRISTI, TX 78404 -2832 (361) 854 -3101 FAX (361) 854 -6001 U.E.JOB NO. 26175.A8.01 PROJECT NO.: 7405 DRAWING NO.: STL -167 (Revised 7/5/00) CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A 19 Con.,tructi n Pr jcct Lay ut and C ntr 1 (NOT USED) A -20 Testing and Certification A 21 Pr jcct Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (Revised 7/5/00) (NOT USED) A -24 Surety Bonds A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) 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 Facilities Special Requircmenta (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A 41 Oz nc Advic ry (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A 17 Prc Conotruction Expl ratory Ex avationo (7/5/00) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Technical Special Provisions A -51 Contaminated Soils A -52 Fences A -53 Protection of Public and Private Property A -54 Security A -55 Access Roads A -56 Parking A -57 Amended "Prosecution and Progress" A -58 Noise Control A-59 Dust Control A -60 Temporary Drainage Provisions A -61 Dcwatcring (NOT USED) TECHNICAL SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 026206 - Ductile Iron Pipe and Fittings 026210 - Polyvinyl Chloride Pipe 027604 - Disposal of Waste from Sanitary Sewer Cleaning Operations 030020 - Portland Cement Concrete 032020 - Reinforcing Steel 038000 - Concrete Structures 099020 - Painting 151020 - Check Valves 151030 - Eccentric Plug Valves & Electric Motor Actuators PART T - TECHNICAL SPECIFICATIONS 5A1[1] - Structural Steel and Other Metals 9J1[5] - Coating of Concrete Walls 11B5[1] - Submersible Pumps Accessories 13C1[1] - General Requirements 1302 - Modifications /Rehabilitation for Cimarron at Yorktown Lift Station 13C3 - Modifications /Rehabilitation for North Beach Lift Station 'B' 13C4 - Modifications /rehabilitation for North Beach Lift Station 'D' LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS consists of the rehabilitation of three lift stations which requires bypass pumping, cleaning and lining of two concrete wet wells and the replacement of pump bases, pump guide rails and accessories, discharge piping in the wet well, gate valves and check valves and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, June 25, 2008 , and then publicly opened and read. Any bid received after closing time will be returned unopened. 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% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of One Hundred and no /100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the - locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Kevin Stowers Interim Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A.Certificate of Insurance indicating proof of coverage in the following amounts is required: Page 1 of 2 TYPE or INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 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 $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements a 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 under "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. -Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas .law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self- insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please note that under section 110.110: 1. certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS - B (Revised 1/13/98) Page 1 of 7 8/7/98 Title 2S. LNSLI-LkNCE Part II. TEXAS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUIRED NOTICES OF COVERAGE Subchaprer B. EMPLOYER NOTICES § 110.110 Reporting Rea uiremenrs for Building or Constriction Projects for Governmental Entities (a) The following words and terms, when used in this rule. shall have the following meanings, unless the context clearly indicates c_.erwise. Terrns not defined in this rule shall have the meaning defined in . the Texas Labor Code, if so defined. (1) Certmcate of coverage. ; .-.nca:e: —A copy of a certificate cfinsurance, a ce IIIIcate of authority t0 sent - insure issued by the cc nmissica. or a workers' ccmperisation coverage agreement (TWCC -81, TWCC -32, TWCC-83, or i tirCC-84), showing statutory workers' ccrnpensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, far the duration of the project. (2) Building or constru:ion—^as the meaning defined in the Texas Labor Code, § 406.096(e)(1). (3) Contractor —A person bidding for or awarded a building or co:su-ucion project by a governmental entity. (4) Coverage — Workers' compensation insurance meeting the statutory requirements of the Texas LaborCode, § 401.011(4-4). (5) Coverage agreement —A wrinea aceen ent on fore TWCC -o 1. form TWCC-82, form T.WCC -83, or forrn TWCC -84, filed with the Texas Workers' Compeneotion Commission which establishes a relationship between the parries for purposes of the Texas Workers' Compensation. Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project — ,cludes the time from the beginning of work on the project until the Work on the project has been completed and accented by the governmental en..tity. (7) Persons providing services on the project ( "subcontractor" _ § 406.096 of the Act) —With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or endues performing all or Dart of the services the contractor has undertaken to perforn on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person hasemplovees. This includes but is not limited to independent contractors, subcontractors. leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity fir nishing persons to perform services on the project. "Services" includes but is not limited NOTICE TO CONTRACTORS - 3 Revised 1/17/98) Page 2 of 7 ht to : / /wwwsos.state.rx.usitac/23/IUl i0/B /110.110.htm1 8/7/98 :o crc „ _ hauling, or pest _d ^e e cr -_- _..his. cr _re‘ idln2 lacer; . znspor,z ^on, or other Win,, c ip e service r_.____ :o a project. 'Services" does not iriciude activities. _._eiated to the project, such as food.bevera e. 'vendors, of ce supply deliveries, a_...delivery of portable toilets. (8) Prcjeq:— Tnciudes the provision of all services reiated to a building or construction cor.tract for a governmental er:urv. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured :hat all emoioyees of the insured who are providing services on the proiect are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a seif - insured, with the commission's Division of Self-Insurance Reguiatioa Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A govern- mental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsecion; (2) as Dart of the contract, using the language required by parag-rzph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain flora the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the cur ent coverage period, if the contractors current cerdficate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the, duration of the project and for three years thereafter, (6) provide a copy of the certificates of coverage to the commission noon request and to any person entitled to them by law; and. (7) use the language contained in the following Figure i for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: T28S 110.110(c)(7) tbl http: / /www sos.state.t.x.us/taci2S/11/110/B/110.110.html NOTICE TO CONTRACTORS - B Revised 1/13/98) Page 3 of 7 8/7/98 _ T.=_C .: 0. 1 1 0 .1 A contractor shad: ) provide coverage for its employees croviding services on a project, fc: duration of the project _sea on °roper reponirig of ciassf_cacc n codes and payroll amounts and Erg of any coverage =cements; 21 provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to begins=_= work on project; -:;) provide the governmental entity, poor to the end of the coverage pericd. a new certificate of _overage showing extension of coverage, if the coverage period shown on Me contractor's current :ertiiicate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a cerdtcate of coverage, prior to that person beginning work on the crojectt, so the governmental entity will have on file Ceti:: sates of-coverage showing coverage for ail persons providing services on .he project; and (3) no later than seven days after. receipt by the contractor, z new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain ail required certific-ates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contactor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each orojea site informing all persons providing services on the project that they Le required to be covered., and staring how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a_title in at least 30 point bold type and text in at least 19 point; normal type, and shall be in 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 an the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person woricing on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providirig,. hauling, or delivering equipment 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' Compe:sation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employers failure to provide coverage." :n.rto : /iwww. sos. state. tx.us/tad28/II/1 1 0/B/ 1 10.1 1 0.html NOTICE :3 CONTRACTORS - 6 Revised 1/13/98) Page 4 of 7 8/7/98 -S T.=.0 ;: =.110 KS) cc : :rac taily SeISC2 '•vi : ;. :.. .-- .: contras :_ : _ _ . i,.e se^ ices en a project to (A) provide coverage based. en prover reperitg of classification codes and payroll amounts and filing of ary coverage a_rc °s for .-i of i:s e .cicvees provad c_ services en the pro ;es. fDr the duration of the project; (B) provide a certificate of :overage to the contractor prior to that person beginning work on the project; pros ide services c n the project ;be ianrla2e in subsection (e)(3) of this (C) include in ail cc��aes :o . section: (p) provide the co.n nccr.: or to the end of the coverage period, a new certificate e[ coverage showing extension of coverage. if the coverage period shown cn the current certiic :e of coverage ends during the durancd cf the project: (E) obtain from each other person with •.v om is contracts. and provide to the contractor: 0) a certificate of coverage, prior to she ether person beginning. work en the project; =A () prior to the end of the coverage period, a new certificate cf coverage showing erersion of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all reaui ed ceriywtes of coverage en file for the duration of the project and for one year thereafter, (0) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person }mew or should have known, of any change that materially affects the provision of coverage of any person providing sericts on the project; 22d (H) contactually retire each other person with whom it contracts, to perform as reeutred by subparagraphs (A)-(H) of this paraeranh with the certificate of coverage to be provided to the person for whom they are providing services. (e), A person providing services on a project, other than a c ;ntractor, shall: (1) provide coverage for its employees providing services or. a project for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work cn the project; (3) have the following language in its contract to provide services on the project: "By signing this contras or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all empioyees of the person signing this contras: who will provide services on the project will be covered by workers compensation coverage ti.,., ;;..- ene crate.tx.usitac/28/12/110/13/110.110.html NOTICE TO CONTRACTORS - B Revised 1/13/98) Page 5 cf 7 8/7/98 for ¢° duration of the oroiect, the coverage will be based on proper reporting of classification cones and payroll amounts. a-d that all coverage ameemers :viii be tied with the appropriate insurance carrier er, the case of a sell- insured, with the commission's Division of Self - Insurance Reguiacon. Providing false or misleading information may subject the contractor to administrative oenaides. criminal penalties. civil penalties, or other civil aeons." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project ander contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (8) 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 ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person icnew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reponing of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on 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 project; (C) inciude in all contracts to provide services on 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 shown on the current certificate of coverage ends during the duration cf the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; 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 cenificate of coverage ends during the http: / /v~ ww.sos.state.tx.usi tad28/IUl 10/8 /1 10. I 10.html NOTICE TO CONTRACTORS - 6 Revised 1/13/961 Page 6 of 7 8/7/98 _s .AL iiU.liU duration en he contras: (F) retain ail re:mired ce: t = ; :es of ccverase en file for the duration of: he project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days afterthe person latew or should have known, of any change that materia!iy affects the provision of coverage of any person providing services on the project; and (11) contractually require each Gerson with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the cer.mcate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circ='stance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this ruie are declared to be severable. (g) This ruie is applicable for building or construction contracts advertised for bid by a governmental entity on or after September i, 1994. This ruie is also applicable for Mose building or construction contracts entered into on or after September 1, 1994, which are not required by lavi to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas beoanment ofTransportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, § 40). (i) The coverage requirement in this ruie 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 from coverage in accordance with the Act, § 406.097(a) (as added by House 3111 1089, 74th Legislature, 1995, § 1.20). This subsection applies oniy to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index http: / /www.sos.state.tx.usi :aC 23/IJ/110B /110.1 10.html NOTICE 'O CONTRACTORS - R Revised 1/17/98) Page 7 of 7 8/7/98 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, June 25, 2008. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of the rehabilitation of three lift stations which requires bypass pumping, cleaning and lining of two concrete wet wells and the replacement of pump bases, pump guide rails and accessories, discharge piping in the wet well, gate valves and check valves and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid (Bid Items A through D) 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. Explanation of Measurement and Payment 1. Lift Station Improvements: Each of items shown on the bid proposal shall be measured as a Lump Sum. The bid item corresponds to the numbered items on the drawings and listed in the Scope of Work provide in Specification 13C for each lift station, except an item for bypass piping and pumping has been added. Each item shall include all work required for this item as described on the drawings and specifications to construct the improvements, and not measured under another bid item, complete in place, as outlined in the plans and contract documents. 2. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 3. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. Section A - SP (Revised 9/18/00) Page 1 of 25 A -5 Items to be Submitted with Proposal The following items are required to be submitted -with the proposal: 1. 5% Bid Bond (Must reference (CIMARRON AT YORRTOWN AND NORTH BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 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 A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 120 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. The bypassing and rehabilitation of the lift stations may be performed on the three stations concurrently. if work is to be performed on one lift station at a time then it shall be performed in the following sequence: 1. North Beach Lift Station 'B' 2. North Beach Lift Station 'D' 3. Cimarron At Yorktown Lift Station Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 120 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre- construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or cancelled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract Section A - 5P (Revised 9/18/00) Page 2 of 25 is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment 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 - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference acid wage rates for heavy construction shall apply. When conflict in wage rates, the higher of the rates shall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (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.) Section A - SP (Revised 9/18/00) Page 3 of 25 A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1 -800- 344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 880 -3500 Project Engineer 880 -3500 Urban Engineering -Mark Maroney 854 -3101 Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 826 -1880 Wastewater Department 826 -1818 Gas Department Storm Water Department 826 -1881 Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1970 A E P 299 -4833 Nueces Electric Cooperative 387 -2581 AT &T /CP &L 881 -2511 City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (826 -1888 after hours) (826 -1818 after hours) 885 -6900 (885 -6900 after hours) (826 -1888 after hours) (693 -9444 after hours) (1 -800- 632 -9288) (1- 800 - 824- 4424,after hours) 857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. Section A - SP (Revised 9/18/00) Page 4 of 25 A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Equipment Spillage and Trackin. The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) The C ntractor must furnish thc City Engineer r his representative with a field be furnished with an inclined table that m aaures at 1 ast 30" x 60" and tw (2) chairs. The C ntract r shall move ehe field fficc n thc site as required by the City Engineer r his representative. The field fficc must be furnished with a Section A - SP (Revised 9/18/00) Page 5 of 25 telephone (with 24 hour per day answering service) and FAX-me ..'v °f•- e Contract r. There is n separate pay item f r the field fficc. A -18 Schedule and Sequence of Construction The working time for completion of the Project will be 120 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. The bypassing and rehabilitation of the lift stations may be performed on the three stations concurrently. If work is to be performed on one lift station at a time then it shall be performed in the following sequence: 1. North Beach Lift Station `B' 2. North Beach Lift Station `D' 3. Cimarron At Yorktown Lift Station Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. _ January 3 Days May 4 Days September 7 Days February '3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 120 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre- construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A -19 Construction Project Layout and Control (NOT USED) The drawings may depict but n t necessary include: lines, slopes, grades, secti ns, esurements, bench marks, baselines, etc. that arc n rmally required t c notruct a pr jcct f this nature. by the City or Consultant Projcct Engineer. Section A - SP (Revised 9/18/00) Page 6 of 25 bench mark, the Contractor shall provide the City or Concultant Project Enginccr 98 Consultant Projcct Enginccr as necessary, at n cost to thc Contractor. Control points or bench marks damaged as a result of thc Contractor's negligence will bo Contract r. If, for whatever reason, it is necessary to dcviatc fr m proposed linc and, grade t C noultant Pr jest Enginccr pri r t deviation. If, in thc opinion f thc City or C n..ultant Projcct Engineer, thc required dcviation w uld necessitate a revision to thc drawings, thc Contractor shall provide supporting m a- urcmcnts as rcquircd for thc City r Consultant Projcct Enginccr to rcvioc thc drawings. Thc Contract r shall tic in r rcfcrcncc all valves and manholes, b th existing and pr p scd, for thc purp se f adjusting valves and manholes at thc completion f the paving pr cc0.0. Al.,o, thc City r C noultant Projcct Enginccr may rcquirc that the Contractor furnioh a maximum of two (2) per., nncl for the purp .,c f assisting the asuring f thc c mplctcd w rk. Thc Contractor shall providc thc following ccrtifi ation for documentation and vcrifi ation f compliance with thc C ntract Documents, Plano and zpccifi ationo. Said c mpliancc ccrtifiootion .,hall be pr video( and prepared by a third party of Texas rctaincd and paid by thc C ntract r. The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party .,urvcyor and certify compliance to any regulatory permits. r 11 wing is thc minimum schcdulc f d cumcntati n rcquircd. Streets: ▪ All curb rcturns at point of tangency /point of circumference Curb and gutter fl w linc b th sides f strcct n a 200' interval ▪ Strcct cr wno n a 200' interval and at all intersecti ns. Wastewater: All rim /invert clevati ns at manh Ica All intcr.,ccting line., in manhole.. Casing clevati no (t p f pipc and fl w linc) ( TxDOT and RR permits) - All t p f valve b xco - Valvc vaults rim Ca.,ing elevations (top Watcr: of pipc and fl w linc) (TxDOT and RR permits). Storm Watcr: All rim /invcrt clevati ns at manh le- - 4 - �-ting lines in manh leo • Caaingcicvationo (top of pipe and flow line) (TxDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. Section A - SP (Revised 9/18/00) Page 7 of 25 SCHEDULE OF TESTING BY THE CITY: (NOT USED) SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time., location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs (NOT USED) Cccti n 021010 of thc Standard pccifi ati na. Thc signs must bc installed bcf re con.,tructi n begin° and will bc maintained thr ughout thc Pr jcct period by the C ntractor. Thc 1 cuti n of thc signs will bc determined in thc field by the Engineer Consultant. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A - SP (Revised 9/18/001 Page 8 of 25 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 Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 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, 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. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 9/18/00) Page 9 of 25 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 458 158 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 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. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) The Contractor shall assure thc appr priatc building inspccti ns by thc Building Inspecti n Divioi n at thc various intervals e€ a rk for which a permit is required and to ao.,urc a final inspection after thc building is completed and r ady f r ccupancy. C ntract r must btain thc Ccrtifi ate of Occupancy, when applicable. -Section B -6 2 of thc General Provisions in- hereby amended in that thc Contractor must pay all fees and charges levied by thc City's Building Inspection Department, and all thcr City fees, including water /wastewater meter fee., and tap fees a required by City. A -24 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 amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer(s capital and surplus. For purposes of this section, Section A - 5P (Revised 9/18/00) Page 10 of 25 the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) £cction B 6 22, Tax Exemption Pr viai n, i.D deleted in its entirety and the following substituted in lieu thereof. Contracts for improvements to real property awarded by thc City of Corpus Christi do elects t operatc undcr a separated c ntract as defined by Section 3.291 of Chapter r such thcr rules r regulations as may be pr mulgatcd by thc C mptrollcr f Public Accounts f Texa.,. If thc C ntractor elects t operatc under a scparatcd contract, he shall: 1. Obtain thc necessary sales tax permits fr m thc 5.tatc C mptr llcr. 2. Identify in thc appr priatc ..pace on thc "Statement of Material and Other Charges" in thc pr p sal f rm thc c st f materials physi ally incorp rated int thc Pr jcct. 3. Pr vide resale certificates t upplicra. 1. Pr vide the City with c pica f material inv ices t substantiate thc pr p oal value of material,.. If thc C ntract r d cs not elect to peratc under a separated contract, he mu.,t pay f r all Sales, Excise, and Use Taxes applicable t thi., Project. zubc ntract rs are eligible f r alca tax cxcmpti nc if thc subc ntract r also c mplics with thc ab vc requirements. The C ntract r must issue a resale. ccrtifi ate to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section 8-6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 Section A - SP (Revised 9/18/00) Page 11 of 25 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured cinder the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor 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. Contractor must pay all costs necessary to procure such insurance coverage, including any deductible. 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: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 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. Section A - SP (Revised 9/18/00) Page 12 of 25 A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 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 recent 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 necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 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. Section A - 5P (Revised 9/18/00) Page 13 of 25 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 firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 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. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and. Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. 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 Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" 8- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A - SP (Revised 9/18/00) Page 14 of 25 A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor io reminded to 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 last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visit r/C ntract r Orientation Pri r t perf rming work at any City water facility, thc C ntract r, his .,ubcontractors, and each of thcir employees must have on thcir person a valid curd ccrtifying thcir prior attendance at a Visit r /Contractor Safety Oricntati n Pr gram c nductcd by thc City Water Department Per., nncl. A Visitor /Contract r Safety Oricntati n Pr gram will bo ffcrcd by authorized City Watcr Department personnel for those persona who d n t have .,uch a card, and who desire to perform any w rk within any City water facility. For additional information refer to Attachmcnt 1. Department. C. Protection of Water Quality Thc City must times. Thc C deliver slater of drinking quality t its cu-t mere. at all water in thc j b ntractor shall pr tcct thc quality of thc protect thc quality of the water. Section A - SP (Revised 9/18/00) Page 15 of 25 O. Conformity with ANSI /NSF Standard 61 All materials and equipment used in thc repair, r assembly; American National Standards Institute /National Sanitation Foundation prior to u..c. The Contract r .,hall pr vide the Engineer with eopic., of writtcn proof of c ntact with potablc water. All trash gcncratcd by thc Contractor or his cmployccs, agents, or site. Blowing trash will n t be all wed. The Contract r ohall ]cccp w rk CONTRACTOR'S ON SITE PREPARATION orange, blue, r white. Each employee uniform muat provide company namo C. Contract r shall pr vide tcleph nea for Contract r pers nncl. Plant tcicphonco arc not available for Contractor uac. 11. W rking h ur., will be 7:00 A.M. t 5:00 P.M., M nday thru Friday. I. Contract r muot not use any City facility rcctr ms. C ntract r mu.,t pr vidc wn oanitary facilities. J. 1111 C ntract r vchicics mu..t be parkcd at dcoignated site, a° de..ignated by City Watcr Department staff. 1111 Contract r vchicles muat be el arty labeled with company name. No rivatc cm lo cc vehicle° are allowcd at O. N. Stcvcno Water Troatmcnt Plant. All personnel must bc in company K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work t the c mputcr based m nitoring and c ntrol sy tcm must bo perf rmcd my by qualified technical and supervis ry pers nncl, a include.,, but is not limited t , modificati n„ additions, changes, debugging, alibrating, or placing in operation all hardware and /or must bc able t dem nstrate thc foll wing: Section A - SP (Revised 9/18/00) Page 16 of 25 1. He is regularly engaged in the c mputer based monitoring and water and wastewater. industry. 2. He has performed work on „ystems of comparable ..inc, type, and c mplcxity as rcquircd in this C ntract on at 1 ast three pri r pr jccts. 3. He has been actively engaged in thc type of w rk specified hcrcin for at lcaet 5 year.,. 1. He employs a Rcgistered Pr fescional Enginecr, a C ntr 1 Systems Enginecr, r an Elcctri al Engineer t supervise or perf rm tho work rcquircd by this spccifi etions. 5. He employs pers nncl on this Pr jcct who have successfully c mplctcd a manufacturer's training cour0c in configuring and implementing thc opccific computers, RTUS's, and software pr posed for the Contract. 6. He maintains a permanent, fully staffed and equipped ,crvico facility within 100 milcs of the Project site to maintain, repair, ealibratc, and program thc systems specified hcrcin. 7. Ile ..hall furni.,h equipment which is the product of ono manufacturer t the maximum practical extent. Where thi is n t one manufacturer. be used in evaluating which Contractor or subs ntractor pr grams thc new w rk for this Projcct. 9. The Contract r shall pr ducc all filled ut pr gramming blocks the.,c two systems to the existing City SCADA system. Attached i.5 requires t be filled in and given t the City Engineer with all changes made during the programming phase. The attached .heet i an example and is not intended t h w all of the required sheets. The C ntract r will pr vide all programming blocks used. L. Trenching Requirements All trenching for this pr jcct at the 0. N. Stevens Water Treatment Plant .,hall be perf rmcd using a backh c or hand digging due to the number of existing undcrgr and bstructi ns. N trenching machines shall be allowed n the pr jest. A -36 Other Submittals 1. 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. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. 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. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. Section A - SP (Revised 9/18/00) Page 17 of 25 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 for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I 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 to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre- construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects 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 (Not Used) The issuance of a ccrti €icatc of occupancy for improvements doc., not constitute Section A - 5P (Revised 9/18/00) Page 18 of 25 A -40 Amendment to Section B -B -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 Orono Advisory (NOT USED) ozone advi..ory has been ic.,ucd, except for repairs. The City Engineer will notify C ntract r about zonc alert. If a delay .,uch as thin in experienced, the day will price indi atcd in the pr p sal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 9/18/00) Page 19 of 25 (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A -46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any c n..truction whatever n the project, Contractor shall "pot hole" or ex avate and expose all existing utilities f thc projcct that cross thc proposed box culverts r grate inlets and Contract r shall survey thc exact vertical and horizontal locati n f each cr aping and potentially conflicting box culverts. F r existing utilities which parallel and arc within ten feet (10') of propoocd pipelines f thc projcct, Contract r shall excavate and exp se said exiting O.C. C ntract r ..hall then prepare a rcp rt and submit it to thc City for approval indicating thc Owner of utilities excavated and surveyed, as well as thc approximate station thereof, distance to thc pavement centerline and elevations of thc top f existing utilities. Expl rat ry exeavati no- .,hall be measured as a Lump Cum as indi atcd n thc pr posal form. Contractor exploratory cxcavati ns. A -48 Overhead Electrical Wires (7/5/00) 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 shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines. Section A - SP (Revised 9/18/00) Page 20 of 25 Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A -51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On -Site Stockpiles: Excess material from excavation, whether non - contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff„ and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 4. Disposal of Excess Non - Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 5. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 6. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. Section A - SP (Revised 9/18/00) Page 21 of 25 A -52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. Section A - SP (Revised 9/18/00) Page 22 of 25 A -56 Parkin. Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A -57 Amended "Prosecution and Progress ". Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A -60 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. A -61 Dewaterinq (NOT USED) Section A - SP (Revised 9/18/00) Page 23 of 25 entering thc pump suction and floe io pumpcd to a locati n that allows for ohcct and /or octtling prior t cntcring a storm water eenduit or inlet. St rm water or gr undwatcr shall n t be discharged t private peeperty with ut permissi n. It ±c thc intent that C ntractor discharge gr undwatcr primarily into thc existing storm watcr system, provided that the quality f groundwatcr is equal to or better than thc receiving stream, thc Corpu.. Chri0ti Marina. Testing f groundwater quality io to be perf rmcd by the City, at the City's coot, prior to commencing diochargc and „hall be retested by thc City, at thc City'S cxpcn c, a minimum f ncc a neck. f groundwatcr by Contractor would includc pumping to the n arcst sanitary sewer oy..tcm. If discharging to tcmporary h lding tanks and trucking to a sanitary ocwcr or wastewater plant, thc costs for these operati no shall bc negotiated. Othcr groundwater dispocal altcrnativcs or solutions may bc approved by thc Engineer on a ease by use basis. required. The permit will require an estimate of groundwater flow. Croundwatcr flow can bc estimated by boring a h lc r excavating a short trcnch then record water level shortly aftcr completion, allow t sit over night, record watcr lcvcl again, pump hole or trcnch dry to a holding tank or vacuum truck thcn rccord how 1 ng it takes to fill to riginal level and ovcrnight level. Section A - SP (Revised 9/18/00) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND PROJECT N0. 7405 OWNER: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: 'D' LIFT STATION IMPROVEMENTS SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/00) Page 25 of 25 PART C FEDERAL WAGE RATES AND REQUIREMENTS rage 1 OI 3 General Decision Number: TX080039 02/08/2008 TX39 Superseded General Decision Number: TX20070041 State: Texas Construction Types: Heavy (Sewer /Water Treating Plant and Sewer /Incid. to Hwy.) Counties: Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Lampasas, Leon, Limestone, McLennan, Milam, Mills, Navarro, Robertson and Williamson Counties in Texas. WATER & SEWAGE TREATMENT PLANTS AND LIFT PUMP STATIONS Modification Number Publication Date 0 02/08/2008 * SUTX1990 -003 02/09/1990 Rates Carpenter $ 9.00 Cement Mason $ 8.00 Electrician $ 13.45 Form Builder $ 6.50 Form Setter $ 6.00 Laborer $ 5.85 Pipelayer $ 7.50 Power equipment operators: Bulldozers $ 5.85 Cranes, Clamshells, Backhoes, Derricks, Dragline, Shovels $ 6.97 Front End Loaders $ 10.00 Scrapers $ 5.85 Steel Setter $ 9.50 Steel Worker $ 7.00 Truck drivers: Tandem Axles $ 5.85 Transit Mix $ 5.85 Fringes .80 +8 1/2% Utility Laborer $ 5.85 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental http:// www. wdol. gov/ wdollscafiles /davisbacon/TX39.dvb 3/31/2008 payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION rage s oI a http:// www. wdol. gov/ wdol/scafiles /davisbacon/fX39.dvb 3/31/2008 Page 1 of 2 General Decision Number: TX080037 02/08/2008 TX37 Superseded General Decision Number: TX20070039 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/08/2008 * SUTX1987 -001 12/01/1987 Rates Carpenter (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 Electrician $ 13.37 Laborers: Common $ 5.85 Utility $ 7.68 Power equipment operators: Eackhoe $ 9.21 Motor Grader $ 8.72 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: http:// www. wdol. gov/ wdoIscafiles /davisbacon/TX37.dvb 6/10/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND day of JULY, 2008, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Jhabores Construction Co., Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $284,267.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CIMARRON AT YORKTOWN AND NORTH BEACH `B' AND `D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 (TOTAL BASE BID: $284,267.00) 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 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V BID QTY b h. DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) tl A. MODIFICATIONS /REHABILITATION FOR CIMARRON AT YORKTOWN LIFT STATION A -1 1 LS Replace North Pump Discharge Piping, complete in place per LS 6000.00 p $ (0000.00 A -2 1 LS New Pipe Bracing, complete in place per LS -122-0.00 $ 1220.00 A -3 1 LS Replace Both Pump Bases, complete in place per LS p BOWL 00 Q $ aSoq•00 A-4 1 LS Replace East Header Valves, complete in place per LS p -1 (Q3. oO $ (Al c13. 00 A -5 1 LS Replace Pump Guide Rails, complete in place per LS 6325. co $ 53'2 5. 00 A -6 1 LS New Pipe Coupling, complete in place per LS 1Zl6.OQ �7 $ ( Zu . QO A -7 1 LS Bypass Piping and Pumping, complete in place per LS '.y 1e' OO 1300 $ 1 O� JCb SUBTOTAL BASE BID PART A $ LO 4CY‘ . 0 0 (Items Al - A7) I II III TV v BID QTY & DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) 8. MODIFICATIONS /REHABILITATION FOR NORTH BEACH LIFT STATION '8' B-1 1 LS Replace 90" Bends in Wet Well, complete in place per LS !� 4At. co $ /( ^ /� 1. GO �1`i� -1 B -2 1 LS Replace Pump Discharge Piping, complete in place per LS 9012.00 $ 90-12.00 L B -3 1 LS Replace Three Pump Bases, complete in place per LS 10652.00 $ 10652. co PROPOSAL FOR! PAGE 3 OF 1( CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V BID QTY 6 DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) 13-4 1 LS Coat D.I.P. and Concrete in the Wet Well, complete in place per LS 36 I A2.00 $ B -5 1 LS Vent Pipe Improvements, complete in place per LS 1365, 00 1,'�2�00 1 $ 36.G • 00 B -6 1 LS New Pipe Bracing, complete in place per LS 1 22 •00 $ _% 22.1 •Oro B -7 1 LS Replace Pump Guide Rails, complete in place per LS A s '�2' Q d $ O `�2• �n B -8 1 LS Replace Valve Vault Fasteners with 316 Stainless Steel, complete in place per LS 183S.o0 $ k $35.00 B -9 1 LS Replace Wall Pipes with PVC, complete in place per LS kflet•o0 $ GC1 $t. 0 IZt B -10 1 LS Emergency Pump Connection Improvements, complete in place per LS I144•p0 $ 1\ 44.do B -11 1 LS Install New 8" Plug Valve, complete in place per LS 2w8,•� .71 $ 34 VS. ac B -12 1 LS Replace Two 8" Plug Valves, complete in place per LS 53,6'00 `` 2 $ V 31 6' 00 B -13 1 LS Replace Two 8" Check Valves, complete in place per LS 33927.00 $ 3921. 00 B -14 1 LS Bypass Piping and Pumping, complete in place per LS t�•t�.' Oa $ 16187 GO, SUBTOTAL BASE BID PART B $ t t 2. 11 i • 00 (Items B1 - B14) PROPOSAL FORK PAGE 1 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 II II III IV V BID QTY 6 DESCRIPTION UNIT PRICE BID ITEM EXTENSION UNIT IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) IITEM C. MODIFICATIONS /REHABILITATION FOR NORTH BEACH LIFT STATION 'D' IIC -1 1 LS Replace 90° Bends in Wet Well, complete in place per LS 4 2.q6. 0t $ A 2g6.00 C -2 1 LS Replace Pump Discharge Piping, complete in place per LS 63:be.CA) $ 5 3W=• OG C -3 1 LS Replace Two Pump Bases, complete in place per LS (� �'QQ�e I01D'DO Q $ S� `°''® C -4 1 LS Coat D.I.P. and Concrete in the Wet Well, complete in place per LS e7°644 31 kin OO $ 3% 6A3. O o .7 C -5 1 LS Vent Pipe Improvements, complete in place per LS ' ,; 00 • $ 13�0�. 00 C -6 1 LS New Pipe Bracing, complete in place per LS 2a%S�.OtS $ 27-46".• 00 C -7 1 LS Replace Pump Guide Rails, complete in place per LS 4331 Ob �( $ 331. OD C -8 1 LS Replace Valve Vault Fasteners with 316 Stainless Steel, complete in place per LS 1333.00 $ 1353.00 C -9 1 LS Replace Wall Pipes with PVC, complete in place per LS 6bi 00 DO\ 8 CDa6I. .OD C -10 1 LS Install New 8" Plug Valve, complete in place per LS 2Qi %. Oa $ 2S 1 6. O 0 C -11 1 LS Replace One 8" Plug Valve, complete in place per LS ``1 `Y76 �� $ 25,16 OO C -12 1 LS Replace Two 8" Check Valves, complete in place per LS 3Q 12300 $ 35 l 21. O 0 C -13 1 LS Bypass Piping and Pumping, complete in place per LS 1,000. OO $ 1 S000 *00 SUBTOTAL BASE BID PART C $ 0'I % %1• OO (Items C1 - C13) 1 PROPOSAL FORM PAGE 5 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V N HID QTY i DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) ND. UTILITY ALLOWANCE D -1 h 1 LS Utility Allowance (Mandatory Allowance), complete in place per LS $20,000 $20,000 SUBTOTAL BASE HID PART D$ 2 0 0 0 0. Ob (Item D1) TOTAL. BASE BID $ 284 26°1 . Oc (Part A thru Part D) 40TE: The above unit prices must include all labor, materials, bailing, removal, overhead, )rofit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM PAGE 6 OF 10 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 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. ATTEST: City ecretary APPROVED, AS TO GAL FORM: (r( I lit c5‘ tofney Services y A ATt'EST: (If Corporation) (Seal Bw) (Note: If Person signing for corporation is not President, attach copy of authorisation to sign) AUTHORIZU 8Y OOUNCIL....� -J aj0� SECRPfARY CITY OF CORPUS CHRISTI By: Ange 42. Escobar, Interim Asst. City Mgr. of Public Works and Utilities By; Kevin Stow s, Interim Director CONTRACTOR Jhab••r =s Const [fete n a Title:k9zj 1dt P.O. BOX 60089/ 6349 LEOPARD (Address) CORPUS CHRISTI, TX 78466/78409 (City) (State)(ZIP) 361/852 -8858 * 361/852 -7979 (Phone) (Fax) Agreement Page 2 of 2 6) P R O P O S A L F O R M F O R CIMARRON AT YORKTOWN AND NORTH BEACH 'B AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 10 P R O P O S A L Place: Date: " 2C Zoo Proposal of 3-VVA.aoeaS (In n% ()An ., \n C- a Corporation organized and existing under the laws of — the State of ),;.Xa1S OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CIMARRON AT YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: PROPOSAL FORM PAGE 2 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V 1 BID ITEM QTY & DESCRIPTION 1 UNIT PRICE BID ITEM EXTENSION UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) (QTY & UNIT PRICE IN FIGURES) IA. MODIFICATIONS /REHABILITATION FOR CIMARRON AT YORKTOWN LIFT STATION A -1 II 1 LS Replace North Pump Discharge Piping, complete in place per LS � obb0. 00 $ 000. O 0 A -2 1 New Pipe Bracing, complete in place per LS 1220 00 •�� $ `22b•Od IILS A -3 1 LS Replace Both Pump Bases, complete in place per LS Qo6q• 00 C� $ 80��. 0 v \c 6SS2 co IIA -4 1 LS Replace East Header Valves, complete in place per LS Q -1tS S. 0 D $ g�g3,op II A -5 1 LS Replace Pump Guide Rails, complete in place per LS 632c. oo $ 5 3 2 S. en II A -6 1 LS New Pipe Coupling, complete in place per LS l 1 2( %. 00 °7 $ l a` '6 • co A -7 1 Bypass Piping and Pumping, complete in place per LS 8L '��e' OO $ ■ °' J? $6• or) SUBTOTAL BASE BID PART A $ (0b cA . 0 0 (Items Al - A7) I II III IV V BID QTY S DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) B. MODIFICATIONS /REHABILITATION FOR NORTH BEACH LIFT STATION 'B' B -1 1 LS Replace 90° Bends in Wet Well, complete in place per LS 44Q. 0® $ 444Z. GO B -2 1 LS Replace Pump Discharge Piping, complete in place per LS 9012.00 Q $ 1 '12. op B -3 1 LS Replace Three Pump Bases, complete in place per LS \c 6SS2 co / $ 10652 • 00 PROPOSAL FORM PAGE 3 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V BID QTY 6 DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) B -4 1 LS Coat D.I.P. and Concrete in the Wet Well, complete in place per LS 3�IrA2.00 $ 31(,642.00 8 -5 1 LS Vent Pipe Improvements, complete in place per LS 36y. 00 $ , 34,6 • o 0 B -6 1 LS New Pipe Bracing, complete in place per LS `, ZZI.Op -/ $ / 22.1 • at. B -7 1 LS Replace Pump Guide Rails, complete in place per LS 5302 00 $ �� 2•� B -8 1 LS Replace Valve Vault Fasteners with 316 Stainless Steel, complete in place per LS 183S. co $ 1 $35.00 B -9 1 LS Replace Wall Pipes with PVC, complete in place per LS rogel•o® $ G981.Pc) B -10 1 LS Emergency Pump Connection Improvements, complete in place per LS - I144.co $ 11 44.00 B-11 1 LS Install New 8" Plug Valve, complete in place per LS 2w 8S-.00 J`7 $ 34 8S a 0 B -12 1 LS Replace Two 8" Plug Valves, complete in place per LS c3i6•ob ✓ $ V 3‘ (o• a0 B -13 1 LS Replace Two 8" Check Valves, complete in place per LS 3Sn 00 -- $ 39 2%• a o B-14 LS Piping and perp1.5 10.81• op $ 61 87 Poi SUBTOTAL BASE BID PART B $ 1 I Z t l % .00 (Items B1 - B14) PROPOSAL FORM PAGE 4 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV V BID QTY & DESCRIPTION UNIT PRICE BID ITEM EXTENSION ITEM UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) C. MODIFICATIONS /REHABILITATION FOR NORTH BEACH LIFT STATION 'D' C -1 1 LS Replace 90° Bends in Wet Well, complete in place per LS AZg6 -eit $ A zS .to C -2 1 LS Replace Pump Discharge Piping, complete in place per LS E;3-46-1. �0 $ Jr32/®.Oo C -3 1 LS Replace Two Pump Bases, complete in place per LS (�7pp•o 11s7� $ Q O0�K `�' - -- C-4 II 1 LS Coat D.I.P. and Concrete in the Wet Well, complete in place per LS�LY✓ 6°C° LA�,U® $ 316A3 a II C -5 1 LS Vent Pipe Improvements, complete in place per LS 1oJ'00 $ 1365• ®O II C -6 1 LS New Pipe Bracing, complete in place per LS 245 224S 675 $ 2-2-‘S. 00 C -7 1 LS Replace Pump Guide Rails, complete in place per LS 4 331.0 b S 33�• 00 C -8 II 1 LS Replace Valve Vault Fasteners with 316 Stainless Steel, complete in place per LS 1333. to $ 1333.0o C -9 1 LS Replace Wall Pipes with PVC, complete in place per LS Oak t•O p $ ���,' o� IIC -10 1 LS Install New 8" Plug Valve, complete in place per LS 2'1%6.00 '1 $ 2g -) t. • O0 II C -11 1 LS Replace One 8" Plug Valve, complete in place per LS 76.0� $ 2�(,16•do C -12 1 LS Replace Two 8" Check Valves, complete in place per LS Q 392300 $ 35 21• oo C -13 1 LS Bypass Piping and Pumping, complete in place per LS IJ000. 00 $ t So00•o0 SUBTOTAL BASE BID PART C $ °'1 L (ctn.. 00 (Items C1 - C13) 1 PROPOSAL FORM PAGE 5 OF 10 CIMARRON AND YORKTOWN AND NORTH BEACH 'B' AND 'D' - LIFT STATION IMPROVEMENTS PROJECT NO. 7405 I II III IV - V BID II ITEM QTY & DESCRIPTION UNIT PRICE BID ITEM EXTENSION UNIT IN FIGURES (QTY & UNIT PRICE IN FIGURES) HD. UTILITY ALLOWANCE D -1 1 LS Utility Allowance (Mandatory Allowance), complete in place per LS $20,000 $20,000 SUBTOTAL BASE BID PART D $ Z o o C O. 6rt, (Item D1) TOTAL BASE BID $ 2434;2.(01 OD (Part A thru Part D) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM PAGE 6 OF 10 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: 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 120 Calendar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 120 Calendar Days, as detailed elsewhere in the contract documents. After Contract Award and pre- construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. PROPOSAL FORM PAGE 7 OF 10 P E R F O R M A N C E B O N D BOND NO. TX679204 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Jhabores Construction Co., Inc. of NUECES County, Texas, hereinafter called "Principal ", and MERCHANTS BONDING COMPANY(MUTUAL) , a corporation organized under the laws of the State of IOWA 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 TWO HUNDRED EIGHTY -FOUR THOUSAND, TWO HUNDRED SIXTY -SEVEN AND NO /100 ($284,267.00) 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 22ND of JULY , 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: CIMARRON AT YORKTOWN AND NORTH BEACH `B' AND `D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 (TOTAL BASE BID: $284,267.00) 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 4TH day of AUGUST , 20 08 . Agency: Contact Person: MARY ELLEN MOORE Address: PRINCIPAL JHABO•i ONSTRUCTIO INC. By: MPIA /rK24,A) (Print Name & Title) ATST &OtSLDI R :7:r (Print Name & Tit e) SURETY MERCHANTS BONDING COMPANY(MUTUAL) By: Attorne .rn -fact MARY EL EN MOORE (Print Name) SWANTNER & GORDON INSURANCE AGENCY P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361 -883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 STATE OF TEXAS § COUNTY OF NUECES § PAYMENT B O N D BOND NO. TX679204 KNOW ALL BY THESE PRESENTS: THAT Jhabores Construction Co., Inc. of NUECES County, Texas, hereinafter called "Principal ", and MERCHANTS BONDING COMPANY(MUTUAL) a corporation organized under the laws of the State of IOWA 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 TWO HUNDRED EIGHTY -FOUR THOUSAND, TWO HUNDRED SIXTY -SEVEN AND NO/100($284,267.00) 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 22ND day JULY , 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: CIMARRON AT YORKTOWN AND NORTH BEACH `B' AND `D' LIFT STATION IMPROVEMENTS PROJECT NO. 7405 (TOTAL BASE BID: $284,267.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4TH day of AUGUST , 20 08 PRINCIPAL INC. 2✓1 'I t ,' /maw —ftj /duC (Print Name & Title) /TEST Gtees K. 1,41otiLeti \I c. ESmE41- (Print Name & Title) SURETY MERCHANTS BONDING COMPANY(MUTUAL) r 43- 2ne Attornen -fact MARY EL' N MOORE (Print Name) Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: Address: MARY FTTFN MnnRF P n nnx M70 rnRPns C'HRTSTT TEXAS 78403 Phone Number: 361 - 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 viercnanrs rsonaing company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Slate of Iowa, and having its principal office in the City of Des Moines, County of Polk, Slate of Iowa, hash made, constituted and appointed, and does by These presents make, constitute and appoint Leroy Ryza, R. M. Lee, Diann Eisenhauser, Mary Ellen Moore and /or Kristi Roberts of Corpus Christi and Stale of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall nol exceed the amount of: FIVE MILLION (55,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Allorney is made and exeduted pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint-Altorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same torte and effect as though manually fixed. In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 161h day of January, 2006. °moo,.oPPOq ..y °° • O y ° 1933 STATE OF IOWA COUNTY OF POLK ss_ MERCHANTS BONDING COMPANY (MUTUAL) By President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn-did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and seated in behalf of said Corporation by authority of its Board of Directors, In Testimony Wnereol, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ro CINDY SMYTH Commission Number 173504 o.r. My Commission Expires March 16, 2009 STATE OF IOWA ' COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in lull force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 4TH day of POA 0001 (1/06) AUGUST, 2008, ° ° p \NG CO, ° • Secretary Merchants Bonding Company Please send ali notices of claims on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 P. 0. Box 26720 Austin, TX 78755 -0720 (512).343 -9033 City of Corpus to do business be answered. v FIRM NAME:: " STREET: `cJ'1�^` CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Christi Ordinance 17112, as amended, requires all persons or firms seeking with the City to provide the following information. Every question must of the question 's not applicable, an wer with "NA ". N&aevtta_S �onsTv2*3cx1on "3O..) \nc-. LIc.bpp r> CITY: QC- TTX ZIP: %e4OM FIRM is:1. Corporation fB 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach . separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) none_ 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 "firm ". Name Title Gone 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in' the above named "firm ". Name fore Board, Commission or Committee 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 "firm ". Name (Pone Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi as changes pccur. Certifying Person: (Type or Pri Title: Signature of Certifying Person: Date: `o PROPOSA PAGE 9 0 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 time 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 entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City 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 consultation and recommendation. PROPOSAL FORM PAGE 10 OF 10 From: Barbara Schulte At: Swamtner 8 Gordon FaxID: To: Sylvia Date: 8/7/2008' 12:19 PAR Page: 2 o18 CERTIFICATE OF LIABILITY INSURANCE OPID BMA /07 YWY) e PROACORD_ Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883 -1711 Fax:361 -844 -0101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MW CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAIC# INSURED Jhabores Construction Co. Inc Rock Hydro Excavation, LLC P 0 Box 60989 Corpus Christi TX 78466 INSURER A'. continental Insurance Co 35289 INSURERS Valley Forge Insurance Co 20508 INSURER continental casualty e..p.ny 20443 INSURER [7 LIABILITY -V COMWRCIALGENERALUABILITY INSURER E 08/06/08 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NMED ABOVE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. FOR 'NE POLICY TO WHICH THIS PERIOD INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSLED OR AND CONDITIONS OF SUCH TO ALL THE TERMS, EXCLUSIONS LTR NERD TYPE OF INS POLICY NUMBER DATE (MM/DOM') DATE IMM'DD/W) LIMITS A GENERAL X LIABILITY -V COMWRCIALGENERALUABILITY 2095296440 08/06/08 08/06/09 / q� EACH OCCURRENCE $1,000,000 PREMISES (Ea occnence $ 100,000 CLAIMS MADE I X I OCCUR PIED EXP (My one person) $ 5,000 GENT PERSOWY&AOV INJURY $1,000,000 GENERAL AGGREGATE /$2,000,000 AGGREGATE LIMIT APPLIES PER POLICY I—I 78 LOC PRODUCTS - COMP /OP AGG $ 2,000,000 tip Ben. 1,000,000 B AUTOMOBILE X X X LLLAB�ILITY Jn ANY AUTO ALL OWNED ALTOS SCHEDULED AUTOS HIRED ALTOS NON-OWED AUTOS 2095296437 08/06/08 08/06/09 COMBINED SINGLE LIMIT IEeecudert) 1,000,000 BODILY INJURY per person) $ BODILY INJURY per accident) PROPERTY DAMAGE per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG EACH OCCURRENCE /$5,000,000 $ C EXCESS/UMBRELLA X I X LMBILT' OCCUR CLAIMSMADE DEDUCTIBLE RETENTION $10,000 2095296468 08 /06/08 08/06/09 tl AGGREGATE •VL $ 5,000,000 $ B WORKERS COMPENSATION AND / EMPLOYERS' LIABILITY tl ANYPROPRIETORFARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED, II yes, descnbe under SPECIAL PROVISIONS below 2095296454 08/06/08 08/06/09 I WLJIAILL OIH- X ITORY LIMITS I I ER EL EACH ACCIDENT $500,000 E. L. DISFA.SF - EA EMPLOYEE $500,000 E L DISEASE- POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATORS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Cimarron at Yorktown and North Beach 'B' and 'D' Lift Station Improvements Project No. 7405. The City Corpus Christi is named as additional insured on all General Liability and all Auto Liability policies. city of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 Arnon IC senmmat CICC -CO -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 /DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATOR OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 4r= ENT M ACORD CORPORATION 1988 From: Barbara Schultz At: Swantner 8 Gordon FaxID: To: Sylvia Date: 8/72008 12:19 PM Page: 3 of 8 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, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001 /08) From: Barbara Schultz At: Swantner & Gordon FaxID: To: Sylvia Date: 8/72006 04:47 PM Page: 2 of 3 AGORA CERTIFICATE OF LIABILITY INSURANCE OPPID SCBA DATE TYPE OF INSURANCE EB/08 e PULA.Y W I-EL nvt DATE (MMDDAN) PRODUCER Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883-1711 Fax:361 -844 -0101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Jhahores Construction Co. Inc PP ckBoHZ ro Excavation, LLE Corpus Christi TX 78466 rnveeenee INSURER A QBE Specialty Insurance Co INSURERS INSURER C. f INSURER °: i INSURER E CLAIMS MADE OCCUR TIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED LAMED 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. TIE INSURANCE AFFORDED BY TIE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL DE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWM MAY HAVE BEEN REDUCED BY PAID CLAMS. WbN 'Wu]. LTR NSRC TYPE OF INSURANCE POLICY NUMBER PULA.Y W I-EL nvt DATE (MMDDAN) PULK.Y LXPIHAI IUN DATE (MMDDM') LIMITS GENERAL LIABILITY COMERCA. GENERAL LABILITY EACH OCCURRENCE f PR RAISES (Ea adlrence) i CLAIMS MADE OCCUR MED EXP (My one person) $ GENL nPOLICY PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER- in JECT n LOC PRODUCTS- COMP/OP AGG $ AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOS SCIEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (EB accident) BODILY I INJURY BODI NJ (Per LY person) f BODILY INJURY Per accident $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY 7 ANY AUTO AUTO OKAY - EA ACCIDENT f OTHER THAN EA ACC $ AUTO ONLY. AGG $ f EXCESS/UMBRELLA 7OCCUR LIABILITY 1 I CLAWS MADE DEDUCTIBLE RETENTION t EACH OCCURRENCE $ AGGREGATE $ f $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORFARTNEREXECUTIVE OFFICERRAEMBER EXCLUDED? If yes, descnae antler SPECIAL PROVISIONS below (TORY LIMITU$ 1 IUER E. L. EACH ACCIDENT f EL DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT f A OTHER Installation Fits QSIHU0001100 f 08/07/08 02/07/09 l Contract Amount 284,267.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project 7405 - Cimarron & Yorktown and North Beach 'B' and 'D' Lift station Improvements. reenelrere unr nve _ -.. _ __ _ _ _ City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 acoso ss r2nnlmRt CICC -CO / -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T11E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 I- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 0050 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A ma) RE ENTA ACORD CORPORATION 1988 From: Barbara Schultz At: Swantner 8 Gordon FaxID: To: Sylvia Date: 8/72008 04:47 PM Page: 3 of 3 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, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) From: Barbara Schultz At: Swantrer & Gordon FaxID: To: Sylvia Date: 8/72008. 12:19 PM Page: 4 of 8 COMMERCIAL GENERAL L.IAf311..i'1'Y THIS ENDORSEMEN1' CHANGES THE POLICY - PLEASE ASE READ l'1' CAREFUL, /"ADDITIONAL ]NSURF,D OWNERS, LESSEES OR CONTRACTORS (FORM 13) This: enderxom oat 1nedities insurance provided under. the Iblluwing: /COMMERCIAL GENERAL LIAI3ILITY COVIsRAGE PART SCIIEI)UI,1 Name of Person or Organization: City of Corpus Christi Department of Services Attn: Contract Administrator P. O. l3ox 9277 Carpus Christi, 'Texas 78469 -9777 V (lino envy appears above, infoimation required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO .IS AN INSURED) (Section II) is ainentled to include as an insured the person et organization shown in the Schedule, but only with respect lo liability arising out of "your work" for tliat insured by or for you. Named Insured:. Jhabores Construction Co Inc V Policy Number: 2095296440 Effective Date Of 'Me Endorsement: Authorized Representative: 8/06/2008 Natne(Printed): R. M. Lee Title {Printed): .Managing .Patina AT TACIIRIENT 2 01, 20 10 1185 1 OF 2 From: Barbara Schultz At: Swankier 8 Gordon Fa %ID: To: Sylvia Date: 8/72008 12:19 PM Page: 6 of 8 TIE 990113 "ADDITIONAL INSIJIRED This endorsement modiiics insurance provided under the following: }31JSINIESSAIITO COVER ACE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy • effective on the inception date of the policy 1.40086 another dale is indicated below: Endorsement Eileen vc 8/06/2008 Named Insured .lhabores Constntction Co Inc (Authorized - Representative) The provisions and exclusions that apply to LIABILITY COVJ.CRM3F., also apply to this endorsement. Additional Insured: City of Corpus Christi Dept. Of Engineering Services Attn: Contact Administrator P. 0. Box 9277 Corpus Christi, TX 78469-9277 is an .insured, but only with roped to legal responsibility fir acts of omissions of a person tot whom Liability Coverage is alliirited tuidcr this policy. The additional insured is not required to pay ibr any premiums stated in the policy or earned from the policy. Any return prdmitdn and any divideiul, if applicable, declared by us shall be paid to you. You are authorized io aol for the additional insured in all matters pertaining to this instnance. We will mail the additional insured notice of any cancellation of'this policy. If the cancellation tioii is by (as, we will give left clays notice to the additional - insured. 'I'hc additional insured) will retain any tight of recovery as a claimant under This policy. FORM 'I'E 99 0113 - ADDITIONAL INSURED Texas Standard Automobile ]Endorsement Prescribed by March 19, 1992 ATTACHMENT 2 2 OF 2 From: Barbara Schultz At: Swantner 8 Gordon FaxID: To: Sylvia Date: 8172008 12:19 PM Page: 5 of 8 COMMERCIAL. GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE REAL) IT CAREFULLY TEXAS CHANCES AMENDMENT OF / CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART I,IQI TOR I.IATIILIJY COVERAGE PAID OWNERS ANDCONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PItODUC'1'S! COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILI'T'Y COVERAGE PART In the event of cencollalion or material change that reduces or maidets the insurance afforded by this coverage part; we agree to mail prior written notice of cancellation or material change to: City of Corpus Christi Dept: Of Engineering Services Attn: Contract Administrator P. 0. Box 9277 Corpus Christi, 'Est 78469 -9277 Number of days advance notice: THIRTY (30) s Named Insured: Jhabores Construction Co Inc e Policy Number: 2095296440 Effective Dale of This Lsndorsement: Authonzetl. Representative: Name (Printed): R. M. I,ec 8/06/2008 Title (Printed) Managing Partner ATTACHMENT 3 C(30205 (11/85) 1 OF 3 From: Barbara Schultz At: Swantner 8 Gordon FaxID: To: Sylvia Date: 8/72008 12:19 P.M Page: 7 of 8 1'11 02 02A / CANCELLATION PROVISION OR COVERAGE CIIANGIr. ENDORSEMENT Thin enelorseanunt in edifies insurance provided under the following: I3USINKSS AUTO CXWERAGE FORM GARAGE COVERAGE FORM 'I RUCKERS,CtOVERAGE FORM Thia endorsement change:: iho policy ciibelive ou the inception dale of the policy unless, another date is indicated below: Endorsement Effective 8/06/2008 / Policy Number 2095296437 / Named insured .3hahmes Construction Co Inc / Countersigned by h; z / wn•�' � le ` (Authorized Rep, esentatn'e) 'I'I IMTY (30) days before this policy is canceled or materially changed IP tednee Or iextriet coverage we will mail notice ofthe cancellation or change lo: City of Corpus Christi Dept Of Engineering Services Attn: Contract Administrator 1'. 0. Box 9277 Corpus Christi, TX 78469:9277 Authorized Representative: Name (Printed): R. M. Lee '1 itle (Prnted): Managing Partner 1'ORM TE 02 02A - CANCELLATION PROVISION OR (X)VERAGE CHANGE ENDORSEMENT Texas Standanl Antotnabi)e Enrinrsement Prescribed November 1,19117 ATTACIIMEN'I' 3 2 OF 3 From: Barbara Schultz At: Swantner 8 Gordon FaxID: To: Sylvia Date: 81720011 12:19 PM Page: 8 of 8 WORKERS COMPENSATION AND EMPLOYERS IJAI31I:1TY IN511RAN(t1'Ol,R W WC4.20601 (Ell. 7 -85) TEXAS NOTICE OF MATERIAL CHANCE. ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of 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. 'Phis endorsement N1)11111101 operate directly or indirectly to benefit anyone not maned in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will by nailed to: City ef Corpus Christi Department of Engineering Services A11ii: ContractAdtninintrator P 0 Box 9277 Corpus Christi, TX 78469-9277 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise titaled. ('the infonniition below is required only when Ibis endorsement is Sued Subsegtaent to preparation of the policy.) Endorsement Effective: 8/06/2008 Policy No. 2095296454 / Insured J.habures Cmrstracilnn Co Inc Insurance Company 'texas Mutual Countersigned Insurance Company By: Name (Punted): R. .M. Lee Endorsement No. Premium (Ed. 7 -84) Title (Printed): Managing Partner ATTACHMENT 3 3 OF 3 Aug -08 -2008 11:39am From - SWANTNER & GORDON INSURANCE 08/07 2088 16.88 8263882 C � I:i' dEJ 3616440101 ENGINEERING T -895 P.002/002 F -783 PAGE 02/..02 JhaboreS Construction Co Inc Nan. of!persoa r>s�3os4s'� .. Datstendameritsist oe/07/2008 , ..._.. Enclorinuentliwaer ... _ po =Nnttbct GSIH00001100...._ .Roney mod. 8/07/2008 to ?!0712009 V;41400112444 . amaof teiY s s.•atdOxs QBE Specialty Insurance Company (Wdv!si uotlintliwabuvsmt erweissuetidatedoUmnent .rwa*ua]t4 Yi consider it on ofaotngehfl wilven. addihe 'olbowmj as inn anilansUrelt City offs EUa arise Aepati. of itgideaang S %*es P:0:1(911 92715 CACpW Cia iWn84949�19x 7 1434iotszaesithetiptatcybri oaf annatedarctia*CRetorattPiriti°3144017434 company wit thailladaysmaittanStice.V.Oltabdtreamed: 411ahopiscii Await ATTA 0 ;)1