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Home My WebLink AboutC2009-246 - 6/9/2009 - Approved2009-246 M2009-159 06/09/09 H&G Contractors 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 F O R M S O F C O N T R A C T S A N D B O N D S F O R KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION FOR STORM N7ATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS . ~ ,c u~ >xoi9 'y.~itaa ^ F Phone: 361/826-1872 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/E80-3501 PREPARED BY i~~~ TEXAS F.EGISTRATI ON NUMBER 754 \\\Z~~P \ E l \ l~ F i l T ! f ~~ IS / ///// *: ~y PROJECT N0: 2198 & 7.199 r caRl e. cPU~~ f ............ ..... 46706 PQ'. Ff O DRAWING N0: STO 529 //////~1I77flllAt~~ y~~a9 (Revised 7/5/00) KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT N0.2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT N0.2199 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised July 2008) 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 Compensatipn 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 ^GF,-- NOT USED A-18 Schedule and Sequence of-Construction A-19 Construction Staking A-20 Testing and Certification __ °_'_ - __ NOT USED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) NOT USED A-24 Surety Bonds _ ^~'__ '"~ _ _ - __' NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-2& Considerations for Contract Award and Execution A-29 Contractor's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 NOT USED A-36 Other Submittals (Revised 9/18/00) ..,T~ ~ -" - ''r "" NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government~Entities ~ ~- A-39 Certificate of Occupancy and Final Acceptance A-90 Amendment to Section B-8-6: Partial Estimates NOT USED A-92 OSHA Rules ~ Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-49 Change Orders (9/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) _ A-98 Overhead Electrical Wires (7/5/00) A-99 Amend "Maintenance Guaranty" (8/29/00) A-50 Re-Routing of Traffic During Construction A-51 Dewatering / Wellpointing A-52 Bypass Pumping Operations PART 8 - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD 3PECIFICATIONS 021060 REMOVAL OF OLD STRUCTURES 022020 EXCAVATION & BACKFILL FOR UTILITIES & SEWERS 022022 TRENCH SAFETY FOR EXCAVATIONS 022420 SILT FENCE (5-97) 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 026202 HYDROSTATIC-TESTING OF PRESSURE SYSTEM (5-89) 026206 DUCTILE IRON PIPE AND FITTINGS (5-81) 026210 POLYVINYL CHLORIDE PIPE (5-83) (AWWA C900 & C905 PRESSURE PIPE FOR MUNICIPAL WATER MAINS AND SANITARY SEWER FORCE MAINS 026219 026902 026409 027203 027205 027402 027609 027610. 027619 028020 030020 032020 038000 055920 GROUTING ABANDONED UTILITY LINES (S-3) WATERLINES (5-88) TAPPING SLEEVES AND TAPPING VALVES (5-89) VACUUM TESTING OF SANITARY SEWER MANHOLE AND STRUCTURES FIBERGLASS MANHOLES REINFORCED CONCRETE PIPE CULVERTS (5-60) DISPOSAL OF WASTE FROM SANITARY SEWER CLEANING TELEVISED INSPECTION OF. CONDUITS CURED-IN-PLACE-PIPE (CIPP)FOR REHABILITATION OF SEEDING (5-14) PORTLAND CEMENT CONCRETE REINFORCING STEEL CONCRETE STRUCTURES - FRAMES, GRATES, RINGS AND COVERS OPERATIONS GRAVITY SEWER PART T - TECHNICAL SPECIFICATIONS LIST OF DRAWINGS 1 ~ Cover Sheet and Sheet Index 2 General Notes and Summary of Quantities 3 Kingsbury Site - Plan and Profile 9 Lexington Site - Plan and Profile 5 Special Details 6- Traffic Control Plan TXDOT (TCP (1-lAj) 7 Standard~Sanitary Sewer Details Sheet 1 of 5 8 Standard Sanitary Sewer Details Sheet 2 of 5 9 Standard Sanitary Sewer Details Sheet 3 of 5 10 Standard Sanitary Sewer Details Sheet 9 of 5 11 Standard SanitarySewer Details Sheet 5 of 5 12 Standard Water Details Sheet 1 of 5 13 Standard Water Details Sheet 2 of 5 19 Standard Water Details Sheet 3 of 5 15 Standard Water Details Sheet 9 of 5 16 Standard Water Details Sheet 5 of 5 17 TXDOT PRECAST SAFETY END TREATMENT (PSET-SP) 18 TXDOT PRECAST SAFETY END TREATMENT (PSET-RP) 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: &ING38DRY DRIV8 BETDGB REPLACENENP WASTSPTATER SYSTBN RBEABILITATION PROJECT NO. 21981 consists of rehabilitation of 70 L.F. of 36" Dia: VCP with CIPP, removal of one 4' Dia Brick Manhole and installation of one 6' din. FRP Manhole (Concrete Encased); LEXINGTON ROAD BRIDGE REPLACHMENI WATER LINE RRLOCATION PROJECT NO. 2199) consists of installation of 301 L.F. of 8" din. PVC water line and abandonment of 223 L.F. of 8" ACP water main; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents, will be received at the City Secretary's Office until 2:00 p.m. on Wednesday, April 29, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10 a.m., Thursday, April 23, 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5$ of the highest amount bid must accompany each proposal. Failura 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 Fifty and ao/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) 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/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa~•~ City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the - following amounts is required: TYPE OF INSURANCE MINIMON INSURANCE COV8RAG8 30-Day Notice of Caacellation required on Bodily Iajury aad Property Damage all certificates P8R OCCIIRRENCH / AGGR8GAT8 Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 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 S. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II -0F THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental X discharge; to include long-term REQUIRED environmental impact for the disposal of ^ NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED - ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ 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 NOT-ICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction 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 otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. , (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a govemmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of [he Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or fotm TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties 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--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing alt or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. 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 furnishing persons to perform services on the project. Page 2 of 1 I "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors; office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project 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 aself-insured, with the commission's Division of Self-Insurance Regulation. 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 governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all [he provisions of paragraph (7) oftfris subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using [he language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage foreach 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 current coverage period, if the contractor's current certificate 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 upon request and to any person entitled to them by law; and . (7) use the language contained in the following Figure 1 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: Attached Graphtc Page 3 of 11 (d) A contractor shall: (L) provide coverage for its employees providing services on 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 showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate 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 certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates ofcoverage showing coverage for all persons providing services on the project; and (B) no later [tian seven days after receipt by the contractor, a 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 all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the govemmental entity in writing by certified mail or personal delivery, within ten days after the contractor 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 project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not sat~fy 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 language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting 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 certiftcate ofcoverage to the contractor prior to that person beginning work on the project; (C) include in alt contracts to provide services.on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period; a 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; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i} a certificate of coverage, prior to [he 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 certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A persoh providing services on.a project; other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration ofthe 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 on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage; the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duratidn of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (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 under 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 (B) 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; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafrer; (7) notify the govemmental 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 knew or should have known of the change; and (g) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, fot the duration of the project; (B) provide a certifcate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in 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 of 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 certificate of coverage ends during the duration of the contract; (F) retain all required certifcates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this pazagraph, with the certificate 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 circumstance 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 rule are declared. to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September I, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. .Page 6 of ] 1 (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 Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the'Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proptietors, 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 Note: 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 Page 7 of 11 T28SI 10.t I0(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, br delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identiry of their employer or status as an employee. " "Call the Texas Workers' Compensation 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 employer's failure to provide coverage. " Page 8 of 11 T28S 110.1 ] 0(c)(7) Article _. Workers'Comperrsation Insurance Coverage. A. Definitions: Certificate of coverage ('certificate')- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration ojthe project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -includes all persons or entities performing all or part ojthe services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without /imitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of arty entity which furnishes persons to provide services on the project. 'Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated !o the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 /(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior [o the end of the coverage period, file a new certificate of coverage with the governmental.entityshowtng that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (l) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on ftle certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a 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. Page 9 of I 1 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall not the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. K The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on,the project [hat [hey are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and frling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on [he project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration ojthe project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate ofcoverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates 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 l0 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (l) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duratioh of the project, that the coverage will be based on proper reporting of classifrcation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se f insured, with the commission's Division of Self- Page l0 of i 1 Insurance Regulation. Providing false or misleading information may subject the con[ractor to administrative penalties, critnina! penalties, civil penalties, or other civil actions. K. The contractor's failure [o comply wish any of these provisions is.a.breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contrac[or does no[ remedy the breach within ten days after receipt of notice of breach from the ' governmental entity. Page 11 of 1 I A-4 Method o£ Award The bids will be evaluated based on: 1. Total Hase Bid, subject to availability o£ funding• The City reserves the right to- reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 58 Bid Sond (Must reference KINGSBVRY DRIVE BRIDGE REPLACEMENT identified in as (A Cashier's Check, certified check, money order or bank draft from any State or National Hank will also be acceptable.) 2. Disclosureof Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be Sixty. (60) 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. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, 500 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 otherwisedue the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, ~ ~ and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of -~ cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not 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 Section A - SP •~ (Revised 12/15/04) Page 2 of 24 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-S 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 o£ 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 and wage rates for HEAVY CONSTRUCTION. In case of conflict, Contractor shall use higher wage rate. )`SiiLLIRIIR Prevailirxr Waoe Scales The Corpus Christi City Council has determined the general prevailing minimun 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, workman, and mxha.,; cs employed by then in the execution of the Contract. TheContractor or subcontractor shall forfeit sixty dollars ($60.00) -per calendar day, or portion thereof, for each laborer, workman, or mechanic enq~loyed, if such person is paid less than the specified rates for the classification of work performed. The Contzactor and each subcontractor must keep an accurate record showing the names acrd classifications of all laborers, workmen, and mechanics enq~loyed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll sukmi.ttals to the City 6trgineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These docianents will also be sutmitted 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 sulmittals.) One and one-half (1'~) times the specified hourly wage mi,~t 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, Nbrking Aours.) A-11 Cooperation wi}h puhLic Pa~rci~ -(Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the l„irni.ts of the Project. The Contractor shall provide a forty-eight (98) 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 Staz Notification Congaany at 1-800- Section A - SP (Revised 12/15/09) Page 3 oP 24 669-8399, and_ Verizon Dig Alert 1-800-983-6279. For the Contractor's convenience, the following telephone rnmbers are listed. Contract Management Center (CMC) City Engineer - Pmject Engineer HDR Engineering Traffic Engineering Police Department Water Department Wastewater C~artment Gas Department Stour Water ~paxtment Parks 5 Recreation DeparhnP.nt Streets & Solid Waste Services AEP SBC City Street Div, for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) IQNC (Fiber Optic) ChoiceCun (Fiber Optic) CAPRDCIC (Fiber Optic) Brooks. Fiber Optic (MAN) TBD at Notice to Proceed 826-3500 361-857-2211 826-3540 882-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours). 865-6900 (885-6900 after hours) 826-1881 (626-3140 after hours) 826-3961 826-1970 299-4833 (693-9949 after hours) 861-2511 (1-800-824-4929, after hours) 826-1996 857-1960 857-5000 (857-5060 after hours) 867-9200 (Pager 800-729-3629) 813-1129 (Pager 888-209-1679) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972-753-4355 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 repairsto 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 Contractormust 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 (Aeviaed 12/15/04) Page 4 of 24 A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. 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. The Contractor shall refer to Special Provisions Paragraph A-50 for additional information and Yequirements regarding Traffic Control during Construction. All costs for traffic control are to be included in the appropriate bid items. where€e~e, ne d#seet-pa3+men~E er£}} ~e ,,,~9 ~..~~. 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. "Clean" dirt is defined as dirt that incapable __ 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. Section A - SP (Revised 12/15/04) Page 5 of 24 A-22 Minority/Minority Business Enterprise Participation Policy (aevised 10/90) 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. 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 51.08 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 51.08 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). Section A - SP „ (aeviaed 12/15/09) Page 8 of 24 Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.08 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. Pemale 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 51.08 of whose assets or interests in the corporate shares are owned by one or more women. Joint Veature:~ A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single~bvsinesa 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 50.08 of the contract work itself and in which a minority joint venture partner has a 50.08 interest, shall be deemed equivalent to having minority participation in 25.08 of the work. Minority members of the joint venture must have either financial, managerial, or technical. skills in the work to be performed by the joint venture. Goals The goals for participation by. minorities and Minority Business Enterprises expressed is percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows.: Minority Participation Minority Business Saterpriae (Percent) Participation (Percent) 45 Rs 15 ~ 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 subatantiallyuniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance 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 section A - SP (Revised 12/15/04) rage 9 of T4 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 theCOntractor 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 OSED T-he-6eat~ae~e~ s~tta}} aeaeie the~g~g~eg~iaEe-1 B__ld_: 7 _ :.:i..::.»:.: ..~'ci3iva~~cixo~vziv¢o lrr ..--.- t -,....i ..-J .~- - J.. L--. ........ ~-......- /~-..~ ,. .~ .. ...y. a......,.. uaa rccp 9eeuganey, ~~hena~~l=sable. - -- A-24 Surety Bonds Paragraph-two (2) of Section B-3-9 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. Ifperformance 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$) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the-bond reinsured by any reinsurer may not exceed ten percent (10$) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. -Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurerthat 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 authorityon the date the bond was issued."- A-25 Sales Tax Exemption- (NOT USED) , Section A - SP (Revised 12/15/09) Page 10 of 24 ,_ _r_f Y-h--~ n - - ' - _~-_ _ .• ~ ' d 2 Fden-ti€~• `- - ---~- P R P -~i-ate-e a I a-separate eentrae th S €, he s ia33~: €, $ ee en e eatemen~- e•f--P9aE~ i F: -t _ _i _ ________ _ _ _i. r , c..s.....-. _ ___ _ - -+: ~].~1C €ai~9a}PS-t$d[--P3Fempt3en9 ' ~ t}Se --meets the-6ent~aete~ mast 'ssae-a ~---t~aete~and--thP--suHee~nt~aete~, i~~„ A-26 Supplemental Insurance Requirements For each insurance coverage providedih accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or 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 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 Section A - SP (Revised 12/15/04) Page 11 of 24 insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section 8-6-11 (a) of the 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 Damave Claims Paragraph (a) General Liability of Section 8-6-11 of the General Provisions is amended to include: Contractor must provide PROFESSIONAL POLLUTION LLABILITY/ ENVIRONMENTAL ItrIPAiRMENS COVERAGE insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. POLLUTION LIABILITY/ ENVIRONMENTAL II4PAIRMENT COVERAGE coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE 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. 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. Section A - 9P (Revised 12/15/04) Page 32 of 26 A-29 Contractor's Field aam;+++stration 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 recant experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site,at all times that work is being performed: 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the. City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field admi ^^+stration staff is a p+n~'++site to the City F^~ ^m~'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. 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 guidelinescontained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show thatMBE participation will meet the requirements above, Section A - SP (Revised 12/15/04) Page 13 oP 24 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 £ive (5) days following bid opening, submit inletter £orm, information identifying type o£ entity and state, i:e., Texas (or other state) Corporation or Paztnership, and name(s) and Title(s) of individual(s) authorized to executecontracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-5 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. A-32 A~~~ 'motion of Contract" Q~+'+~*~=qty 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 Section A - SP (Revised 12/15/04) Page 14 of 24 City Manager, City Secretary, and Contractor has no cause of action against the City, nor is the City the date the City Engineer delivers A-33 Conditions of Work City Attorney, or their authorized designees. of any kind, including for breach of contract, obligated to perform under the Contract, until the signed Contracts to the Contractor. Each -bidder must familiarize himself fully with the conditions relating to_ the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard 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 VSED) Pt~'e~ €s- er€e~ea#a rre~le € Gi p g a nay--- t3 i re€e~ €ae~t~y, the , , D.- .sLF.. • 4..... ..L ~1.: r ~a+ - -- ' lye eelasl3meab --- ..4 ~~. t¢)t--k R.. ~ l i ~ealFe~- eentrel, er-a ny etha~-dam th _ ___, ..____ __~,.~,... ,,,..,,. Section A - 8P (Revised 32/15/091 Page 15 bf 24 eerz€a~m €e Ifine~eaa Pla~4eaa~ S1 arzd d ' €}7 ~ = a~ s as =a~e P7 a£i~e ~fa~ _~ ----- ----- '- i - . ~~,--9Qa . ,ac -o , eea44rzgs er hyAr ~. L -t l 4L e~ie-e~gmerz~ ~Pheae YL / €1:ems S ~ C ~ L __ -_ _-_ _ _ ____ -ea~i~ ern ei --r -j --~- --- _-- _-_- --Y • ._ _- _ _- _ ___ _-- • D1 L L l L .. L l~Ll. t-~ n L- Y . Y ., ~__: d--e 1 ^ep-- -ea€ spa€€ 14 Een€~ae€e~ eeh#e es -- ~ _ ~ L.~eP~-the- grra"€`ea€`en s- ~ €h~x !3e ew - ~- a >~s " - `ed €e~me ~i€iea€4ens add3 €'ens , , 98Ction A - SP (Revised 12/I5/04) Page 16 oP 24 vI _..______~__ .._ L....i ___ _.-_ ..___ _....... _a__..Li. _..____ _....,....._J. ,. _______. ___ _ "--° ° i° _ ____.. _ J_ - _ ^`^` -- __... a ^- € # € S ~ E y e S stex~s Sa i g neea e ess ena a g nee~i a ent~e~ ~ g r..... i...._ YL^ . ._..1. _-._..: ..... ..1 L.. YL~.. .........~G].. r _YS y....a r..raa.a ....u . rva~ Y T....i ....Y ..L.. . L .... G..11. .c l _ aad impieirte vv wu.. Yiv 6 iaa}a ta4n _ _ _... _. _.. n~~ng B33e s-a- e ..ar. r...v speeirie-eai.~ t € i€ E € .au rY. --wccc~sivxxJ' ts7 EF£HS-+-s, and € d d i - p ~m an en i n y s a e an egrx ppged - - ...._._.... _...._ ~ ,.r ....,...~.. ~.,.. .,,~~, ~ ., enrL___-__ __ '] n_ _L_1l c. ___ . _..: ..L .......:.~ , .......Y ..L: ..L :.. YL _ ___~1....Y ..c __ .. .... ......__ .... .,~,:€~€wrer ^........ ...y..~i. -to-t::e maxi ....... ~. ..ua vu .... ... me~=P~ae~ieai ext w pi vuu~~zc ent. Wt~~e~r`ri~39 :iI .. a....L ,.c o nn=i°Y °r£°y -^nee at t h .0 F7 St iA t T' r £}aFrt-w}~~ _ ye ~v~w i ~ eaens e .~ GaaZ Ga C2[ig I]S F.... •14L .. ..__.. ava ~.. a er ~eatRtea eR GelitLEG~t ... ..J _-Y - r.. • v)~. ~...• biee?~s ~e a3 •~ed to 9h Bw the- -i - d ~ a g g~ag~amm t rg- as-:zee e ,--an 4L.. _..._Y.__ ,._~. --~-_--- __ Sf~SBP s s-te ___ _.._.... m 74€taeh d _.... ..J.....,...., ~., -i -a -- l ~ .... ........ .......y ......y £ t; r- y ~ ~ . e ..L:..L .._._._ s n exa~ e- YL_ . _... _._..J _vyvar. e ~- _ -- 1.._ - -- - .. .... .... ..~~~.... a.a L ....._.... ..J^ - J. _ ~is-ne4~ n` - ae~-t~ kk im € th i d . ~ e~ e w a -B e.~eg rx ~e sheeES. the A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Reproducibles: In addition to the.,~required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Section A - SP (Revised 12/15/04) Page 17 oP 29 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. 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 thesubmission 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 allchanges 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. NOT USID L__~+5_..__..? P__. _.. __...s and Regai~emen~e €ex~ Men.ieiga'x-^~-~rne~~o-a-~.,-`~aets~~ _- ..YU aY.. '"£he EeaB£aeEes most eemp3y r~#th the--Cit.,~a~.s-Ci~iszr's~:ata Sensesvat#en~~d paen~ht 6e~~ngenep-Plan as-axt_ndea--ct-:~"Plante-T#ris Section A - SP (Revised 12/15/04) Page 18 0£ 24 A-38 Worker's Compensation Coverace for Building or Construction Proiects 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 The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-B- 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section ~B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer -with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory NOT USED -- - - abeu~eseae-ale~~ 1€ a del-z - --`"-^- --n -;rg pie eel Yh -- A-42 OSHA Rules 6 Reculations 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 S 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 Section A - SP (Revised 12/15/04) Page 19 of 24 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: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-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 TNRCC, 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) Prior to any construction whatever on the project, Contractor shall excavate and expose allexisting pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel. and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey Section A - SP (Revised 12/15/04) Page 20 of 24 the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavationa have been made in their eatirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be considered subsidiary to other items of work. Any pavement repair associated with exploratory excavations shall be subsidiary to other items of work. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-4B 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 CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/29/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guarant v, 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 Re-routing of Traffic During Construction Typical traffic control plans have been provided in the drawings. Minor modifications may be required to conform to specific site conditions. Should the contractor desire to deviate from the provided traffic control details, it shall be the contractor's responsibility to provide revised traffic control details to the City Traffic-Engineer for approval. The plans shall be prepared by a registered engineer in the state of Texas. The plans should be submitted for approval two weeks in advance prior to its implementation. The Traffic Control PZan submittals should be on the standard 22" x 39° pSan ., sheets and should be readable, legible, clean, proportionate and if possible to scale; and shall meet the City of Corpus Christi's "Uniform Barricading Standards and Practices". Any additional cost incurred due to preparation of Section A - SP (ReviseA 12/15/06) Page 21 of 24 a~revised Traffic Control Plan shall be the Contractor's responsibility. No additional payment will be made. The Contractor shall secure the necessary permit from the City's Traffic Department. Any cost associated with the implementation of the traffic control plan shall be subsidiary to other items in the contract. A-51 Dewaterinq/ Well Pointing On this project a soils investigation was not conducted. It is not knownif a significant amount of~groundwater will be encountered during excavations. This item is considered subsidiary to the appropriate bid items or shall be measured by the linear feet of well point header pipe installed around the perimeter of the excavation where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage .ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving- the designated work area or by a manmade berm (s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that the Contractor discharge groundwater primarily into the existing storm water system, provided that the quality o£ groundwater is equal to or better than the receiving stream, the Nueces River for Kingsbury and Oso Hay for Lexington. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a .minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary. sewer system. If discharging to temporary holding tanks and trucking Yo a sanitary sewer ~ or wastewater plant, the costs for these operations. shall be~negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to Pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Mark Shell 857-1817 to obtain a "no cost" permit from the Wastewater Dept. City will-pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Should well pointing be required, payment will be made at the contract unit price for Well Pointing as listed in the proposal. Payment will be made at the unit price psi linear foot of header pipe installed. Payment shall be full compensation for all labor, materials, tolls and incidentals necessary to complete the installation operation and removal of the well point system. Section A - SP (Revised 12/35/04) Page 22 of 24 A-52 Bypasa Pumpin Operations It is estimated that the lines in the project area flow approximately one- half full during average daily conditions. The approximate capacity of the 36" VCP line flowing full-is 8,000 gal per minute. Flows during heavy rain events may be greater due to the surcharged condition of the line. It is anticipated that flows will be maintained through the use of Flow Thru Plugs. Bypassing pumping will be required in the event that the Flow Thru Plugs are insufficient or not adequate for an unanticipated quantity o£ wastewater, it shall be the contractor's responsibility to design and submit for City approval a bypass pumping system plan, prior to its installation. The bypass pumping system-shall be capable of handling the flow conditions at all times. The contractor shall neither anticipate nor expect assistance or advice from the City of Corpus Christi Wastewater Department staff/personnel, and shall be whollyresponsible -for the operation and maintenance of all bypass pumping systems and wastewater flow control systems. At a minimum, the bypass pumping system plan shall include: 1) Size, type, and rating of pumps - 2)Size and type of inlet and discharge piping 3)Approximate location (schematic) o£ bypass line routings if different. than the recommended bypass line routings shown on the plans. 4)General arrangement/type of additional support equipment. 5)Traffic Control Plan to accommodate bypass system. Payment for bypass pumping operations will be made as listed in the proposal. under "Control of Wastewater Flows". Payment will be made as Lump Sum. A-53 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 contract is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobil'izationcosts. Such costs shall be addressed through a change order to the contract. ' Section A - SP - (Revised 12/15/04) Page 23 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: KINGSBORY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT NO. 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 OWNER: CITY OF CORPUS CHRISTI ENGINEER: HDR Engineering CONTRACTOR: 3UBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/091 Paps 24 of 29 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES § THIS AGREEMENT is entered into this 9TH day of JUNE, 2009, 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 H b G Contractors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $137,492.87 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILI PROJECT NO 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 (TOTAL BASE BID A + TOTAL BASE BID B: $137,492.87) 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 KINGSBIJRY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT N0.2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO.2199 BASE BID A - ICINGSHIIRY DRIVE (SITEl) I II III IV V BID QTY 8 UNIT PRICE gID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) Mobilization, Demobilization, and Bonds, A-1 LS pertumaSum• $ 9,875.00 $ 9,875.00 7U Rehabilitate 38" Dia. VCP Sewer with CIPP A-2 LF and Televise before and after installation, $ $ complete in place, per Linear Foot 825.00 57, 750.00 1 Remove existing 4'Dia Brick Manhole with A-3 LS drop connection(13.1' Depth), $ $ per Lumo Sum 2, 433.78 2, 433.78 Construct New 6'Dia. FRP Manhole, encased A-4 1 in protective concrete encasement with drop LS connection (13.1'Depth), Complete in Place, $12,684.10 $ 12, 684.10 per Lump Sum A-5 1 Control of Wastewater Flows, per Lumo $ $ LS bum. 11,674.00 11,674.00 A-6 1 EA Trench Safety for Manhole, per Each. $ $ 957.00 957.00 Temporary Erosion Control Measures A-~ 1 (Including Seeding, Silt Fence, Stormwater $ $ LS Pollution Protection Plan, Etc.) per Luma Sum 213.97 213.97 A-8 1 LS Traffic Control Measures, per Lumo Sum. $ $ 825.00 825.00 A-9 ~F WeII Pointing, per Linear Feet. $ $ 0.01 0.40 SUBTOTAL BASH BZD A (RINGSSIIRY DR.) (Items Al through A9): $ 96,413.25 Proposal Form BASE SID B -LEXINGTON ROAD (SITE 2) I II III IV V i BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) B-1 1 Mobilization, Demobilization, and Bonds, LS per Lumo Sum. $ 5,185.00 $ 5,185.00 B-2 301 8" Dia PVC Water Line (C-900), Complete in LF Place, per Linear Foot $ $ 75.13 22 614.13 4 8"-45 Degree Bend, Complete in Place, B3 EA per Each $ $ 324.50 1 298.00 B~ 1 8"- 22.5 Degree Bend, Complete in Place, EA per Each $ 325.30 $ 325.30 B-5 1 8" -11.25 Degree Bend, Complete in Place, $ $ EA per Each 322.08 322.08 B 8 1 8" -Tapping Valve and Tapping Sleeve $ $ EA Complete in Place, per Each 2,088.20 2,088.20 B ~ 2 Connection to Existing 8" Dia ACP Water $ $ EA Line, Complete in Place, per Each 573.76 1 ,147.52 B-8 30 18" Dia RCP Storm Drain, Complete in $ $ LF Place, per Linear Foot 44.79 1, 343.70 69 1 18" Safety End Treatment , TXDOT PSET-SP EA or PSET-RP, Complete in Place, per Each 1, 396.32 1, 396.32 Temporary Erosion Control Measures, B-10 1 (Including Seeding, Silt Fence, Storm Water $ $ LS Pollution Protection Pian, Etc.) per Lumo Sum 245.60 245.60 B-11 223 Grout Existing 8" Dia ACP Water Line, $ $ LF Complete in Place, per Linear Foot 14.93 3, 329.39 B-12 LF Trench Safety, per Linear Foot. $ $ 3.18 957.18 B-13 LS Traffic Control Measures, per Lumo Sum. $ 825.00 $ 825.00 B-14 LF Well Pointing, per Linear Feet. $ $ 0.01 2.20 SIIBTOTAL BASE BID B(LEXINGTON ROAD) (Items B1 through B14): $ 41.079.62 Proposal Form WASTEWATER SYSTEM REHABILITATION PROJECT N0.2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 BID SUMMARY SUBTOTAL BASE BID A (KINGSBURY DR.) (Items Al thru A9): $ 96,413.25 SUBTOTAL BASE BID B(LEXINGTON ROAD) (Items B1 thru B14): $ 41,079.62 OTAL BASE BID (BASE BID A + BASE BID B• 37, 492.87 Proposal Form Page 5 of 8 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 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. ATT~3 City Secretar APPROVED A3~GAL FORM: By: (~\( Asst. City Attorney (Note: If Person signing for corporation is not President, attach copy of authorization to sign) 5'Ya . .' i .i ,i,J ~. .li i'` ~ L J ~ _ ~ .: CITY OF CO ~~)S CHRISTI By: (//uti n~ Oscar Martinez Assistant City Manager By: ~~ Pete Anaya, P.E. Director of Engineering Services H 6 G Contractors. Inc. By: Title YiC;~' /~/~Q P.O. BOX 10706 (Address) CORPUS CHRISTI, TX 78460 (City) (State)(ZIP) 361/289-2556 * 361/289-2757 (Phone) (Fax) d~~~ councu Agreement Page 2 of 2 ..t.~ ~' SECRETARY P R O P O S A L F O R M F O R KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT NO. 2198 LEXINGTON. ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 DEPARTMENT OF ENGINEERING. SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 8 P R O P O S A L Place: Cif Secretary's Office Date: Ap~l 29, 2009 Proposal of H_& G Contractors, Inc. , a Corporation organized and existing under the laws of the State of Texas 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: KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT NO. 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: KINGSB~RY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT N0.2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT N0.2199 BASE BID A - ICINGSBIIRY DRIVE (SITED I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) 1 Mobilization, Demobilization, and Bonds, A-1 LS per Lumo Sum. $ 9,875.00 $ 9,875.00 ~~ Rehabilitate 36" Dia. VCP Sewer with CIPP A-2 LF and Televise before and after installation, $ complete in place, per Linear Foot 825.00 $ 57, 750.00 1 Remove existing 4'Dia Brick Manhole with A-3 LS drop connection(13.1' Depth), $ per Lumo Sum 2, 433.78 $ 2, 433.78 Construct New 8'Dia. FRP Manhole, encased A-4 1 in protective concrete encasement with drop LS connection (13.1'Depth), Complete in Place, $ 12 684 1 $ per Lump Sum , . 0 12,684.10 A-5 1 Control of Wastewater Flows, per Lump $ LS Sum. $ 11,674.00 11,674.00 A-6 EA Trench Safety for Manhole, per Each. $ 957.00 $ 957.00 Temporary Erosion Control Measures A-~ 1 (Including Seeding, Silt Fence, Storrnwater LS Pollution Protection Pian, Etc.) $ $ per Lumo Sum 213.97 213.97 A-8 LS Traffic Control Measures, per Lumo Sum. $ 825.00 $ 825.00 A-9 LF Well Pointing, per Linear Feet. $ $ 0.01 0.40 SIIBTOTAL BASE BID A (RINGSBDRY DR.) (Items Al through A9): $ 96.413.25 Proposal Form BASE BID B -LEXINGTON ROAD (SITE 2) I II III IV ~/ BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) B-1 1 Mobilization, Demobilization, and Bonds, LS Per Luma Sum. $ 5,185.00 S 5,185.00 B-2 301 8" Dia PVC Water Line (C-900), Complete in LF Place, per Linear Foot 5 $ 75.13 22,614.13 4 8"-45 Degree Bend, Complete in Place, B-3 EA per Each $ $ 324.50 1 298.00 B~ 1 8"- 22.5 Degree Bend, Complete in Place, EA Per Each $ $ 325.30 325.30 B~ 1 8" -11.25 Degree Bend, Complete in Place, EA per Each $ $ 322.08 322.08 B-6 1 8" -Tapping Valve and Tapping Sleeve EA Complete in Place, per Each $ $ 2,088..20 2,088.20 B-7 2 Connection to Existing 8" Dia ACP Water EA Line, Complete in Place, per Each $ $ 573.76 1 147.52 B-8 30 18" Dia RCP Storm Drain, Complete in LF Place, per LinearFoot S 44.79 $ 1,343.70 69 1 18" Safety End Treatment , TXDOT PSET-SP EA or PSET-RP, Complete in Place, per Each 1, 396.32 1, 396.32 Temporary Erosion Control Measures B-10 1 , (Including Seeding, Silt Fence, Storm Water LS Pollution Protection Plan, Etc.) $ $ per Lumo Sum 245.60 245.60 B-11 223 Grout Existing $" Dia ACP Water Line, LF Complete in Place, per Linear Foot $ 14.93 $ 3, 329.39 B-12 LF Trench Safety, per Linear Foot. $ 3.18 $ 957.18 B-13 LS Traffic Control Measures,,per Lumo Sum. ' $ 825.00 $ 825.00 B-14 LF Well Pointing, per Linear Feet. g $ 0.01 2.20 SIIBTOTAL BASE BID B(LEXINGTON ROAD) (Items B1 through B14): $ 41.079.62 Proposal Form WASTEWATER SYSTEM REHABILITATION PROJECT N0.2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT N0.2199 BID SUMMARY SUBTOTAL BASE BID A (KINGSBURY DR.) (Items Al thru A9): $ 96,413.25 SUBTOTAL BASE BID B(LEXINGTON ROAD) (Items 61 thru B1d): $ 41,079.62 TOTAL BASE BID (BASE BID A + BASE BID 6• 737,492.87 Proposal Form Paar t r.f a 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 .o,~ 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 Sixty (60) calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish. all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): ~~ Respectfully submitted: Name: H & G Cuitracbrs inc. BY ~ ~_ Cary C-, *i- (SEAL - I:' BIDDER IS (SIGNATURE) a Corporation) Address: P.O.Box 10706 1225 Southern w-;*+p*a~s Road (P.O. Box) (Street) Qorvus Christi. Texas (Hoot 78460)(Street 78409) (City) (State) (Zip) Telephone: (361)289-2556 NOTE: Do not detach bid from other papers. Fill in with ink antl submit complete with attached papers. (Revised August 2000) Proposal Form P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 2273053 KNOW ALL BY THESE PRESENTS: THAT H & G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * a corporation organized under the laws of the State of ArT O NTA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUNDRED THIRTY-SEVEN THOUSAND, FOUR HUNDRED NINETY-TWO AND 87/100($137,492.87) 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: *INDEPENDENCE CASUALTY & SURETX CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH of JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: KINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT NO 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 (TOTAL BASE SID A + TOTAL BASE BID B: $137,492.87) 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 9 copies, each one of which shall be deemed an original, this the 16TH day of JUNE 20 09 PRINCIPAL H & G C~~ON,,Tl!~~RACTORS, INC. By : ~r~~,¢o GARY GARNETT VICE PRESIDENT (Print Name & Title) ~~ Lt~vo~ N~ it Name & Title) SURETY INSURANCE COMPANY OF THE WEST .~~~~. CASUALTY & SURETY CO. Attorne - -fact MARY E N MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, fore delivery of notice and service of process is: Agency: Contact Person: Address Phone Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE - P,O. BOX 870 CORPUS CHRISTI, TEXAS 78403 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 P A Y M E N T B O N D STATE OF TEXAS § BOND NO, 2273053 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT H b G Contractors, Inc. of NUECES County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED THIRTY-SEVEN THOUSAND, FOUR HUNDRED NINETY-TWO AND 87/100($137,492.87) 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: *INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH day JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: RINGSBURY DRIVE BRIDGE REPLACEMENT WASTEWATER SYSTEM REHABILITATION PROJECT NO 2198 LEXINGTON ROAD BRIDGE REPLACEMENT WATER LINE RELOCATION PROJECT NO. 2199 (TOTAL BASE BID A + TOTAL BASE BID B: $137,492.87) 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 16TH day Of JUNE , 2~ 09 PRINCIPAL H & G CON~~T~~RAyyCTORS~~~~IyyNC BY ~ /t~c~ii,/[/~~ GARY GARNETT VICE PRESIDENT (Print Name & Title) SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUA~LTY~&~SURETY-COQ. j Attorn~-fact MARY E MOORE (Print Name) The Resident Agent of the Surety is Nueces County;;<Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY COIIt80t P@raOII: MARY ELLENMOORE Address: P.O. BOX 870 CORPUS CHRISTI. 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 0£ 2 No. 0004671 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company IINOW ALL MEN BY THESE PRESENTS: That Insurance Company of the Wes; a Corpomtton duly organized under the laws of the State of California, Explorer Insurance Company, a Corpomtion duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referted [o as the "Companies"), do hereby appoint H.M. CANTWELL, AMY SHUMATE, TAMI 1. DUNCAN, R.M. LEE, MARY ELLEN MQORE they we and lawful Attomey(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other shnilar contracts of suretyship, and any related documents. 1n witness whereof, the Companies have caused these presents to be executed by its duly authorized officers [his 2nd day of January, 2008. ~~oYPWYPFJ / p\sPOANCit' ~J^tTY,WO~G corraMr s^' /~a/ o°p w~F p\ ~ 6 -Y INSURANCE COMPANY OF THE WEST ~ ~ W oI_SEA~?<I' rd ~ ~ ~ EXPLORER INSURANCE COMPANY Mtkx+.~~' ~'rrr .^° J. ~ a~ g INDEPENDENCE CASUALTY AND SURETY COMPANY cam ~°'~~otxrz '~, ~~ F~4' Jeffrey D. Sweeney, Assistant Secretary Stale of California } ss. County of San Diego J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Swceney, who proved to me on the basis of satisfactory evidence [o be the person(s) whose name(s) is/are subscribed [o the widtin instnunen; and acknowledged [o me that they executed the same N their authorized capacities, and that by their signatures on the instnunen; the entity upon behalf of which the persons acted, executed the instnunent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pamgmph is We and wrtec[. M~Y Ci~ ~ ~~~~~~ V ~OC~ RESOLUTIONS Witness my hand and official seal. Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarved with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the Presiden; an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s}in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and curtent status of the appointment may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile represenmtions of those signamres and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile represenmdons referted to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, [he undersigned, Assistant Secretary of Insurance Company of the Wes; Explorer Insumnce Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WI"f'NF.SS WHEREOF, I have set my hand this 16TH day of JUNE 2009 . ~~~ ~~JR~L(~J Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing clahns, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. This Power is in full force artd effect until revoked