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C2009-428 - 9/8/2009 - Approved
J. J. Fox Construction 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 City of Cexeus =Christi .r+w F O R NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN LNV ENGINEERING lit. engineers i consultants 801 Navigation, Suite 300 Corpus Christi, Texas Phone: 361- 883 -1984 Fax: 361 -883 -1986 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1800 Fax: 361/826-1715 WASTEWATER AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 PROJECT NO: 7407 DRAWING NO: STL 176 foce..T.f.Ph Nie f* �� � \ �' • it *.i... .:.. ` ...l .,.9938.3 2009 -428 M2009 -250 09/08/09 07110109 (Revised 7/5/00) NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds 11 25 Salco Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents 11 35 City Water Facilitico Special Rcquircmcnt3 (NOT USED) A -36 Other Submittals (Revised 9/18/00) • (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities 11 39 Certificate of Occupa ey and F a:l Aeeep anco (NOT USED) 11 40 Amendment to Scction B 8 6: Partial Eatimatc3 (NOT USED) A -41 Ozone Advi3ory (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A 16 Diapooal of Highly Ch4eri- te4 Watcr (NOT USED) (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5/00) Table of Contents Page 1 of 4 A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Computer Generated Proposals A -52 Confined Space Entry Requirements A -53 Dewatering and Disposal ATTACHMENTS 1 - Project Sign 2 - Electronic Bid PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS SITE PREPARATION Section 021020 Section 021040 EARTHWORK Section 022020 Section 022022 Section 022100 Section 022420 ROADWAY Section 025205 Section 025220 Section 025404 Section 025412 Section 025424 Section 025610 Section 025612 Section 025802 UTILITIES Section 026202 Section 026206 Section 026210 Section 026602 Section 026604 SEWERS & DRAINAGE Section 027205 Section 027602 Site Clearing and Stripping (S -5) Site Grading (S -6) Excavation and Backfill for Utilities and Sewers (S -9) Trench Safety for Excavations Select Material (S -15) Silt Fence (S -97) Pvmt. Repair, Curb, Gutter, Sdwk. & Dwy. Repl. (S -54) Flexible Base Caliche(S -24) Asphalts, Oils and Emulsions (S -29) Prime Coat (S -30) Hot Mix Asphaltic Concrete Pavement (Class A) (S -24) Concrete Curb & Gutter (S -52) Concrete Sidewalks and Driveways (S -53) Temporary Traffic Controls During Construction Hydrostatic Testing of Pressure System (S -89) Ductile Iron Pipe & Fittings (S -81) Polyvinyl Chloride Pipe (S -83) (AWWA C900 & C905) Sanitary Sewer Force Main (S -69) Air Release Valves for Wastewater (S -96) Fiberglass Manholes Gravity Sanitary Sewers (S -61) SITE IMPROVEMENTS & LANDSCAPING Section 028020 Seeding (S -14) Section 028300 Fence Relocation (S -12) Section 028320 Chain Link Fence (S -70) CONCRETE, GROUT Section 030020 Section 032020 Section 038000 METALS Portland Cement Concrete (S -40) Reinforcing Steel (S -42) (Includes Diagram) Concrete Structures (S -41) Section 055420 Frames, Grates, Rings & Covers (S -57) EQUIPMENT Section 113100 Fiberglass Reinforced Plastic Wet Well (S -64) MECHANICAL Section 151620 Submersible Pumps for Wastewater (S -114) Table of Contents Page 2 of 4 PART T - TECHNICAL SPECIFICATIONS Section 500 Mobilization Section T- 026411 Gate Valves Section T- 026511 Plug Valves Section T- 026611 Check Valves Section T- 055555 Aluminum Access Hatch Section 08310 Type J -AL Horizontal Access Door Specification Section T- 099600 Coatings Section T- 155000 Slide Gates Section 16010 Section 16170 Section 16402 Section 16461 Section 16980 Section 16990 Section 20000 PART W - DRAWINGS LIST OF DRAWINGS Electrical General Requirements Grounding and Bonding Electrical Wiring Systems Dry Type Transformers Level Transmitter Ultrasonic Flow Measuring Equipment Storm Water Pollution Prevention Plan (SWPPP) Sheet 1 Cover Sheet Sheet 2 Legends and Quantities Sheet 3 General Notes Sheet 4 Control Layout Sheet 5 Existing & Proposed Site Plan Sheet 6 Demolition Plan & Proposed Lift Station Plans Sheet 7 Hydraulic Grade Line Sheet 8 Lift Station Details Sheet 9 Junction Box Details Sheet 10 Flow Meter Vault Details Sheet 11 12" Effluent FM P &P STA 0 +45 to 4 +00 Sheet 12 12" Effluent FM P &P STA 4 +00 to 9 +00 Sheet 13 12" Effluent FM P &P STA 9 +00 to 13 +50 Sheet 14 12" Effluent FM P &P STA 13 +50 to 18 +00 Sheet 15 12" Effluent FM P &P STA 18 +00 to 23 +00 Sheet 16 12" Effluent FM P &P STA 23 +00 to 28 +00 Sheet 17 12" Effluent FM P &P STA 28 +00 to 32 +50 Sheet 18 12" Effluent FM P &P STA 32 +50 to 37 +00 Sheet 19 12" Effluent FM P &P STA 37 +00 to 42 +00 Sheet 20 12" Effluent FM P &P STA 42 +00 to 47 +00 Sheet 21 12" Effluent FM P &P STA 47 +00 to 52 +00 Sheet 22 12" Effluent FM P &P STA 52 +00 to 56 +00 Sheet 23 12" Effluent FM P &P STA 56 +00 to 60 +92 Sheet 24 SITE CLEARING AND STRIPPING PLAN 1 OF 4 Sheet 25 SITE CLEARING AND STRIPPING PLAN 2 OF 4 Sheet 26 SITE CLEARING AND STRIPPING PLAN 3 OF 4 Sheet 27 SITE CLEARING AND STRIPPING PLAN 4 OF 4 Sheet 28 STORMWATER POLLUTION PREVENTION PLAN Sheet 29 STORMWATER POLLUTION' PREVENTION DETAILS Sheet 30 SANITARY SEWER STANDARD DETAILS 1 Sheet 31 SANITARY SEWER STANDARD DETAILS 2 Sheet 32 SANITARY SEWER STANDARD DETAILS 3 Sheet 33 SANITARY SEWER STANDARD DETAILS 4 Sheet 34 SANITARY SEWER STANDARD DETAILS 5 Sheet 35 MISCELLANEOUS DETAILS 1 OF 2 Sheet 36 MISCELLANEOUS DETAILS 2 OF 2 Sheet 37 BASEMAP —STORM WATER AND GAS Sheet 38 BASEMAP —WATER AND WASTEWATER Sheet 39 TRAFFIC CONTROL PLAN Sheet 40 LANE CLOSURE DETAILS Sheet 41 BY -PASS PUMPING PLAN Sheet 42 LAGUNA MADRE WWTP ELECTRICAL SITE PLAN Sheet 43 LIFT STATION ELECTRICAL POWER PLAN Sheet 44 LAGUNA MADRE WWTP ELECTRICAL RISER DIAGRAM & CONDUIT /TABLE SCHEDULE Table of Contents Page 3 of 4 NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN, PROJECT NO. 7407; consists of approximately 6,100 linear feet of 12 -inch PVC force main, a 1.2 MGD effluent pump station, flow meter, electric controls, 5' X 5' & 6' X 6' concrete junction boxes, air release valve assemblies, dewatering, brush clearing and pavement repair, in accordance with the plans, specifications and contract documents; Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August 05, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, July 29, 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. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) 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 MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 of 2 DThe 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 WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page l of l l TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 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 governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form 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 all 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 11 "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 a self - 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 the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the 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 for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the 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 Graphic Page 3 of 11 (d) A contractor shall: (1) 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 governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) 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; (5) 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 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 satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other 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 certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all 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 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 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 person providing services on a project, other than a contractor, shall: (1) 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 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 duration 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 a self - 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 thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper 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 certificate 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 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 person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, 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 1, 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 11 (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(e), 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 proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source 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 T28S 110.110(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, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' 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 T28S110.110(c)(7) Article . Workers' Compensation 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 of the 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 §406.096) - includes all persons or entities performing all 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, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any 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 to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(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 to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file 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 11 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 notify 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. H. 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 that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. 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 filing 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 the 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 of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, 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; (5) 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 10 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 (1) - (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 duration 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 a self - insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, August 5, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - NASCC EttiUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, July 29, 2009, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN, PROJECT NO. 7407; consists of approximately 6,100 linear feet of 12 -inch PVC force main, a 1.2 MGD effluent pump station, flow meter, electric controls, 5' X 5' & 6' X 6' concrete junction boxes, air release valve assemblies, dewatering, brush clearing and pavement repair, in accordance with the plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of 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. Section A - SP (Revised 12/15/04) Page 1 of 23 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN, PROJECT NO. 7407; as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 270 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 otherwise due 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 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. Section A - SP (Revised 12/15/04) Page 2 of 23 A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. In cane of conflict, Contractor shall uoc higher wagc ratc. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum mi an hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or Aubcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also Obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (134) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using DIG TESS 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 -669- 8344, and the Verizon Dig Alert at 1- 800 - 483 - 6279. For the Contractor's convenience, the following telephone numbers are listed. City Enxgineer 826 -3500 Project Engineer LNV Engineering ng Dan S. Leyesr3ecker, P.E. 883 -1984 William Logan Burton, P.E. 883 -1984 Traffic Engineering 826 -3540 Police Department 886 -2600 Section A - SP (Revised 12/15/04) Page 3 of 23 Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) K (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 299 -4833 881 -2511 826 -3547 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 (826 -3140 after (826 -3140 after (885 -6900 after (826 -3140 after (826 -1970 after (693 -9444 after (1 -800- 824 - 4424, hours) hours) hours) hours) hours) hours) after hours) (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of 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 drawings, the Contractor shall make the utilities back in service to construct the the Contract price. All such repairs must company or agency that owns the utilities. utilities, whether shown in the necessary repairs to place the work as intended at no increase in conform to the requirements of the Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. 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 plant operations and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP (Revised 12/15/04) Page 4 of 23 The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control shall be paid for by the appropriate bid item in the Proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and 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 is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air - conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 -hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. Section A - SP (Revised 12/15/04) Page 5 of 23 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cAIETmAR days. This plan must detail the schedule' of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any Section A - SP (Revised 12/15/04) Page 6 of 23 discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Strccto: • 1111 curb rcturnc at point of tangcncy /p int of circumference • Strcct crowno on a 200' interval and at all intcrocctiono. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits); • All crossings / conflicts with other utilities. Water: • 1111 top of valves box; + Valvco vaulta rim; Stormwatcr: • All rim /invcrt cicvationo at manholco; • All intcroccting linco in manholco; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must following drawings. construction begins the Contractor. The the City Engineer. furnish and install 1 Project signs as indicated on the (Attachment I) The signs must be installed before and will be maintained throughout the Project period by location of the signs will be determined in the field by A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. Section A - SP (Revised 12/15/04) Page 7 of 23 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 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Section A - SP (Revised 12/15/04) Page 8 of 23 f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 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 substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection. after thc building in completed and ready for occupancy. Contractor mu3t obtain thc Ccrtificatc of Occupancy, whcn applicablc. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. Section A - SP (Revised 12/15/04) Page 9 of 23 A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Section B 6 22, Tax Exemption Provi3ion, io- delet.cd in it3 entirety and the following oub3titutcd in lieu thcrcof. Contract3 for improvcmcnto to real property- awarded by thc City of Corpu3 Chri3ti do not qualify for cxcmption3 of Salc3, Exci3c, and U3c Taxca unlca3 thc Contractor ciccta to operatc under a ocparatcd contract ao defined by thc Tcxa3 Adminiatrativc Codc, or ouch other rulc3 or rcgulation3 a3 may be promulgated by thc Comptroller of Public Account3 of Texa3. If thc Contractor ciccta to operatc r a separated contract, he ohall: 1. Obtain thc nccc33ary oalca tax permita• from thc Statc Comptroller. 2. Identify in thc appropriate apace on thc "Statement of Materials and Other Charges" in the prepooal form thc coot of matcrial3 phyoically 3. Provide re3alc certificate° to oupplicr3. propo3al value of materials. If thc Contractor doco not elect to operatc under a ocparatcd contract, ho muot pay for all Salco, Excise, and Uoc Taxca applicable to thio Project. Section A - SP (Revised 12/15/04) Page 10 of 23 rc3alc ccrtificatc to thc subcontractor and thc aubeoxtractor, irr turn, isaucs a rc3alc ccrtifieatc to hi3 3upplicr. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or 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 insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and 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. Section A - SP (Revised 12/15/04) Page 11 of 23 A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater 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. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in 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. Section A - SP (Revised 12/15/04) Page 12 of 23 Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a 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 guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure Section A - SP (Revised 12/15/04) Page 13 of 23 of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" equ re eats Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor 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, Section A - SP (Revised 12/15/04) Page 14 of 23 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. Vioitor /Contractor Orientation (NOT USED) Pri r t performing work at afr -City watcr facility, thc Contractor, hi3 aubcontractoe, and each of thcir cmploycco muat City Watcr Dcpartmcnt Pc oonnei. A Vi3itor /Contractor Safcty Oricntation Program will bc offered by authorised City Watcr Dcpartmcnt per3onncl for thooc persona who do not havc ouch a card, and who dcoirc to perform any werk within any City water facility. For additional information refer to Attachment II. The Contractor shall net atamt, operate, or stop any pump, motor, valve, equipment, switch, breakor, control, or any other item operated by an operator er ether autheriecd Maintenance employee of thc City Watcr Dcpartmcnt. C. Protection of Water Quality Thc City muot dcliver watcr of drinking quality to ito cuotomcr3 at in thc job oitc and ohall coordinate ito work with thc City Watcr Dcpartmcnt to protcct thc quality of thc watcr. D. Conformity with ANSI /NSF Standard 61 All matcrialo and equipment used in thc repair, rca3ocmbly, tranoportation, reinstallation, and inopcction of pumpo, or any other itcmo, which could come into contact with potablc water, muot conform to American National Standards Inotitutc /National Sanitation Foundation (1\NSI/NSF) Standard 61 a3 deacribcd in thc Standard Specificationo. must not be used unless they conform with ANSI /NSF Standard 61 and personnel immodiatcly prior to use. Thc Contractor shall peevidc thc Erg_-___ with copico of written proof of ANSI /NSF Standard 61 approval for all matcrialo which could comc into contact with potablc water. C. IIandling and Disposal of Trash All trash gcncratcd by thc Contractor or hio cmploycco, agcnto, or oubcontractora, meat bc eentaincd at all times at thc watcr facility 3itc. Blowing trash will not bc allowed. Thc Contractor ohall kccp work areao clean at all timco and rcmovc all traoh daily. Section A - SP (Revised 12/15/04) Page 15 of 23 F. Contractort3 peroonncl mu3t wear eeorcd uniform overall° other then orange, bluc, or white. Beck employee uniform must provide C. Contractor -°hall providc tcicphonc3 for Contractor per3onncl. H. Working houro will bc 7:00 A.M. to 5:00 P.F4., Monday thru Friday. I. Contractor mu3t not uoc any City facility rc3troomo. Contractor muot providc own Sanitary facilitic3. J. All Contractor vchicico must be pa kcd at dee gaatcd Sitc, ao dcoignatcd by City Watcr Department Staff. All Contractor vchicic3 muot be clearly labeled with c mpany name. No privatc employee vchicic3 arc allowed at O. N. Stevens Water Treatment Plant. All per3onncl must bc in company vchicica. During working hours, contractor cmploycca must not lea's the dcoignatcd con3truction arca nor wander through any buildingo other than for rcquircd work or aS directed by City Watcr Dcpartmcnt peroonncl during cmcrgcncy evacuation. K. Contractor Qualificationo SCADA {SUPERVI;9RY CONTROL AND DATA ACQUISITION) Any work to thc computcr ba3cd monitoring and ceatrol oyotcm muot bc performcd only by qualificd technical and 3upervioory peroonncl, a3 dctcrmincd by meeting thc qualification 1 thru 9 below. Thies work includc3, but io not limitcd to, modification3, additiono, changes, Selection, furiiiahing; - inataiiirng,' connecting, programming, cuotomizing, dcbugging, calibrating, or placing in operation all hardware and /or Software 3pccificd or required by throc opccification3. The Contractor or hi3 oubcontractor propooing to perform thc SCADA work muot bc able to dcmonotratc the following: 1. Hc io regularly cagagcd ix thc computcr baocd monitoring and control oy3tcm buoincr3, prcfcrably an applicd to thc municipal water and wa3tcwatcr industry. 2. Hc has performcd work on oy3tcm3 of comparablc oizc, type, and complcxity ao rcquircd in thi3 Contract on at lca °t thrcc prior projccto. 3. Hc hao bccn actively engaged in thc type of work opccificd hcrcin for at 1 aot 5 y aro. 4. Hc employo a Rcgiotcrcd Profcooional Enginccr, a Control Sy3tcm3 Enginccr, or an Elcctrioal Enginccr to oupervi3c or perform thc work rcquircd by thio opccifictiation3. 5. Hc cmployo per3onncl on this Projcct who havc ouccco3fully completed a manufacturcr'o training course in configuring and implcmcnting thc Specific computcr3, RTUS'S, and ooftwarc propoocd for thc Contract. 6. Hc maintain° a permancnt, fully ataffcd and cquippcd 3crvicc facility within 400 mile° of thc Project Sitc to maintain, repair, calibrate, and program thc 3yatcma 3pccificd hcrcin. Section A - SP (Revised 12/15/04) Page 16 of 23 7. He shall furnish equipment whieh in the product of onc not praetical, all equipment -ef a given die will be the product of onc manufacturer. 8. Prior performance at thc 0. N. Stevens Water Treatment Plant will bc used in evaluating whieh Contractor or Subcontractor programs thc new work for thao Project. 9. Thc Contractor Shall pr duec all filled eu-t programming blocks required to Show the pregrarg as needed and EC21D21 System. Attached is an example of thc rcquircd programming blocks which thc City requires to be filled in and given to thc City Engineer with all ehange3 made during i3 not intended to show all of the required ahccta. Thc Contractor will provide all programming blocks used. L. Trenching Acquirements 2111 trenching for this projcct at thc 0. N. Stcvchs Water Treatment Plant Shall bc performed using a backhoe ee hand digging due to the shall be allowed on thc projcct. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. - Resubmittais must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor 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 the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 17 of 23 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J• Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED Under "Ccncral Provioiono and Requirements for Municipal Construction Contracto ", B Con3crvation and Drought Contingency Plan a3 amended (thc "Plan "). This includco implementing water -con3 crvation ..._raca3urc3_.c3.tabliohcd for changing thc prc construction meeting. The Contractor will keep a copy of thc Plan on thc Projcct cite throughout con3truction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The i3ouancc of a certificate of occupancy for improvcmcnt3 deco not con3titutc final acceptance of thc improvcmcnt3 undcr Ccncral Provision B 8 A -40 Amendment to Section B -8 -6: Partial Estimates (NOT USED) General Provi3ion3 and Rcquircmenta for Municipal Conotruction Contracts. Section B 8 6: Partial Betiiaatee le amended to provide that approximate c3timatco from which partsl paymenta will be calculated will not include thc nct invoice value of acceptable, non peri3hablc matcrial3 delivered to tho Section A - SP (Revised 12 /15/04) Page 18 of 23 documcnto, aatiofactory to thc City Engineer, that ohosi thet the material oupplicr hao been paid for thc matcrialo delivered to thc Projcct workoitc. A -41 Ozone Advisory NOT USED wing and hot mix paving operationo muot not bc conducted on dayo for whieh notify Contractor about ozone alert. If a delay ouch as this is experienced, thc day will not bc counted ao a work day and thc Contractor will bc A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the .City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, 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, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorrieys.,.and agents. -tha.t :directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 12/15/04) Page 19 of 23 (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) NOT USED The Contractor ohall be .rcaapenelb4e fer the dispesa3 of water uocd for tooting, dioinfcction and line fleeh -ing is an appfewcd manner. Ceuta rinanto in thc water, particularly levels ef erine, will be uocd for dioinfcction, and may cxcccd the p limits fer diochargc into wetlando or environmentally ocnoitive a ewe. T'he a arc regulated by numcrouo egencico ouch a3 TNRCC, EPA, ete. It will be the- Coetraetor'o rcopon3ibility to comply with thc rcquircmcnto ef all regelatery agencic3 in thc diopoaal of ell water uocd in thc prof -ee-t. The methede of a=te -ai &h all be aubmittcd to - r_ -- a- thc City for approval. Thee shall be ae separate pay €er eliepo3al of highly chlorinated water. Contractor shall net tree the -City's oanitary ocwcr oy3tcm A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing 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 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. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established unit price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Section A - SP (Revised 12/15/04) Page 20 of 23 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" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -ll Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Computer Generated Proposals The following paragraph modifies B -2 -7 Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS 3 -5), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheets 3 -5. If the Contractor chooses to submit a print -out, the print -out shall be accompanied by properly completed proposal pages 1, 2, 6, 7, and 8. A sample print -out is shown in Attachment 2. In addition, the print -out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from print -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print -out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) Section A - SP (Revised 12/15/04) Page 21 of 23 A -52 Confined Space Entry Requirements Contractor will be required to comply with all OSHA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated requirements for entry into these areas, including compliance with OSHA Regulation (Standard 29 CFR) Permit Required Confined Spaces 1910.146. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the engineer with this certification information of any /all personnel who are doing confined space entry work. A -53 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items 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 manmade berms 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 Contractor discharge, groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Bay). Testing of groundwater quality is to be performed by 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. The 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 the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system 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 Tilo Schmidt, Wastewater Pre - treatment Coordinator at 826 -1817 to obtain a "no cost" permit from the Wastewater Department. The 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, overnight, 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. Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN; PROJECT NO. 7407; OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV ENGINEERING, WILLIAM LOGAN BURTON, P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 ATTACHMENT 1 SAMPLE COMPUTER PRINT - OUT PROJECT TITLE DATE (YOUR COMPANY'S NAME HERE) I 11 111 IV V Bid Item Qty. Units Item Description Unit Price In Figures Bid Item Ext. Qty x Unit Price Al 34475 SY Street Excavation $ - $ - A2 5,033 SY 6" Cement Stabilized Salvaged Base A3 etc. etc. etc. Sub -Total Base Bid "A" Items (Items Al A21): Sub -Total Base Bid "B" Items (Items B1 -B21): Sub -Total Base Bid "C" Items (Items C1 -C21): Sub -Total Base Bid "D" Items (ItemsDl -D21): Total Base Bid: ATTACHMENT 2 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of SEPTEMBER, 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 J.J. Fox Construction, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $634,036.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 (TOTAL BASE BID: $634,036.50) 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 NASCC LFFLUENT REUSE LIFT STATION G FARCE MAIN PROJECT NO 7407 Deaori.ptiOT LS Mobilization, complete in place per 11ump sum 2 ACRE 'Site Clearing and Stripping, complete land :n place, per acre. 1 LS 1.2 C.GO Effluent Lift Station w!ct Wet well, associated piping, pumps, valves, and :Tittin'a, Complete in place per lame sum. 1 1.f3 Electrical, complete in place per immE SUM. 1 L 4 EA RTU (Complete Aeaeably with Antenna) (supalied only, not installed!. complete in place pet w!amP sari',. Flow Meter and Vault, complete in place par each. 12" slate sac , 7 1 Af.„,,....toI s G,," / D!/v° OlX1. `O OGe,• u' Va ves, complete in place pet (/� pa. ua 6,076 ; 12" ;;c900 DR 18 PVC Effluent) Porte 1E' ; Mair , complete in place per lei rear Root. 32 EA (12" 31.? Bend: (awl angle), complete it pia: a per each. 1 EA .2" Pressure Plug, complete n place per each- 24" PVC Sanitary Sewer Pipe (SDF 26), complete in place per linear .foot., Air Release: Valve Assembly & 5' FRr Mer.lole, complete in place pear eap • 3 3, $ X30 °0, S `q over o0 I to .Air Release Valve Above- Ground Orr%© Assembly, complete in place par. Each.. RRv :sSn Proposal I.Orm Palo 3 of E ADDENDUM NO. 1 Attach wnt No. 4 Sheet 3 of 14 3.5 :.6 17 1,8 , 19 20 21 22 24 25 26 27 28 69 1 EA 1 EA 3 EA 1, LS 3' x 5' Junction Box, complete in place per Bach• 6' x 6' Junction Box, complete n place per each. Slide Gates, complete in place per each. s gpDO• 7 'terra oeoa:ering for Lift Station & Manholes, complete in p :ac& per lump sum. ' 6076 LT Uewat.orirg for E_ f luent . Line, complete in place per 68 LF 12 LF 80 SY 5 SY 1 LS 6,976 LT 1 IS 1 LS . 2 'ACRE ifg o, 4" p`rC Pipe, complete in place per linear foot. �Soa 6" Carb and Gutter Remove and Replace, complete: in place per linear foot. Asphalt Utility Pavement Repair, coa+plete•in place per s ua r yard. Flexible Base Pavement .apair, complete in place per square yard. Traffic COntro.., complete in place per leis sum. Trcr ch Safety Lox Force Main, complete in place per linear foot. Trecich Safety for Lift Station, complete in place per lump sum., Oltirja5a4/ 4'4:7 /6-;-0a g Sa00 tS0 aj5L1Y', 4,0 / /sa, Trepch Safety for Junction Boxe$, complete in place per lump sum. Seeding, complete and in place, per act:. 1 LS By- ?ass Pumpirg, complete in place per lum. SUM. / ve, � i s lgoon. o. aSdO _ gr,?Svo, 05-2,c,, 00 QD ,po 1 LS il Storm water Pollution Prevention. Plan (SVC3 ?1 . complete in place per lump swm., RrV1SFD Proposal scnr. Page 4 et a Opp, ADDENDUM N0.1 Attachment No. 4 Sheet 4 of 8 ADDENOUI1 NO.1 Attachment No. 4 Shoot 5 of 8 30 1,733 Silt Fence, complete in place per LF linear foot. 31 76 Lr Remove and Replace fence, complete in place per :inea=.., foot. 32 1 LS ExplCratary Excavation, complete in plate per iurrp sum. 33 Unanticipated Utility 1 LS Allowanca, • 'complete in place per lump sum.. 34 y332. 5'7_, g /-5-(7717' Jo 3 000. �a 520,000 $20,000 5 EA I Bol.lt rd Pipeline Markers, 'complete in iplacu per each. 35 .570 v S 31),5%01' •694 LF 14" Wi.terline Removal. complete in place 'per .hear foot. Of 0O $ y'gp,vv TOTAL BASL DID: $ (Bid Items 1 -33) The lump sum bid item described as °[ rkantie7.pated Utility Allowance" has beta set as noted and shall be inetluded in the Total Base bid for each Bidder. This allowance raay.be Used at the Ene;ineer's discretion should an unanticipated adjustment of a utility or bare-to-ft:we unknown structure or similar situation warrant the use of the . allowance funds. Should the use of funds from the "Unanticipated Utility Allowance" become necessary, the Engineer w311 provide written authorization at a cost negotiated between, the City and the Contractor. There is no guarantee that any of _rese funds will need to be used throughout the course of the work. atvtS1:D Proposal Form ayeSof$ The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 270 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. City Secretary APPROVED AS TO LEGAL FORM: By: Asst. City Attorney AT ST: (If Co •oration) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: C 7' C. Oscar Martinez, sst. City Mgr. of Public Works and Utilities Pete Anaya, P.E. Director of Engineering Services CONTRACTOR J.J.Fox Con- ruction, Title: % i«3 P.O.BOX 1179 (Address) PORTLAND, TX 78374 (City) (State)(ZIP) .361/362 -1727 * 361/362 -0817 (Phone) (Fax) Agreement Page 2 of 2 1411 :.2. AUTHORtLB 9T Conk ...a. +wwar�.&.•re, VGC'J4JVG LI41.2114CGR1N to P R O P O S A L . FORM F O R . rAut 11/16 NASCC EFFLUENT REUSE LITT STATION & FORCE MAIN PROJECT NO. 7407 DEPPATMEN'I for £NGINE!RING SERVICES C'? OF CORPUS CHRISTI, STYR: Riv :SET Proposal Form Page 1 of e ADDENDUM NQ. 1 Attnchm•nt No. 4 ShNR1of8 V: e. ti +t /.:VU7 1/.V4 25G03OCIZ t_NOINttKLN11 FAC�E 12/18 PROPOSAL Piece: Date: B- - Proposal of :S-3- • Co 4. l Y a c a Corporation organized and existing under the laws of the State of CR 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 NAECC EFFLUENT REUSE LIFT STATIO) a FORCE MAIN PROJECT NO. 7407 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-- wit: RF.. ISED Pr.v.,ggl rot-cm Paco? 7 at 8 ADDENDUM N0,1 Attachment No. 4 Shoot 2 of I! Vrr,xr GUWO Ar. 4•t o4cJ:OU4 IT tNU l I Vtth; l NU NASCC EFFLUENT REUSE LIFT STATION £ FORCE MAIN PROJECT NO /407 QTY 111 Description 1.2 1 LS Mobilizes =ion, complete in place per 11=p*sum tv Unit Price 000,44P rAUtz Id/ i6 i 2 ACRE ' Site Clearing and Stripping, complete and :n place, pet acre. a LS 1 LS 1 LS nn Effluent Lift Station. with Wet weii, associated piping, pumps, v*lves, and siittinga, complete in place per iamo sm.. E1ecrioal, complete in place per _ume SUM. Rill (Complete Useably with Antenna) (supplied, cr1y, .-sot installed) . complete in place per ,:wimp sur- 1 E1 Flow Meter and Vault, complete in. place par each. 4 EA 12" Gate Va:.ves, complete in place pox meet. 6,076 12° C9.00 DR 18 PVC Eff.l.uert y Farce LF Mair, complete in place per lirjear foot. 32 EA 12" DIP Bendli (arLY angle), p1a <e per each. 1 EP, rtfip1ete inn 12" Press•are ?lug, Complete .'.n place per each - 48 1' 13 3•c %pao. U0 42.1_572- tA7 24" PVC S3r.titary Sewer Pipe (SDR 26), com?>lete in puce per linear foot. 5 FA Fur Release Valve Ase:nb1y & 5' FR? Men.lola_, complete in place pear !ech_c. EA i Air Release Valve Above- Ground Assembly, complete t) plena, far each. REv:5MM Propos'l Perm pw748 3 of P `Oa vo s c.7?Z°40, S `e7 Deo. 00 8 (!/lL0sd0 gi s 3a epee,. v� Oa ADDENDUM NO. 1 Attachment No. 4 Sheet 3 of a .+cv•�vvc twulrvtILKI LJ PAGE 14/18 14 15 I.8 19 20 1 EA 1 f;A 3 EA l LS 6076 I.7 5' x 5' Junction Box, complete in place per gpch. 6' x 6' Junction Box, complete in place per each. $ a op, `Jv $ 9ovo, vo Slide Gatos, complete in place pet each. ap/D. 44' S ‘ ; ; . 9 0 . 4 o Dewa;cring for Lift Station L Manholes, complete in place per lump sum. O eve, , 70 000, v Dewpt.erirg for EffLuent.IU.ne, complete in place per 68 LF moo 4" P''C Pipe, complete in place per linear foot. 12 LF 6" Cr) x and Gutter Remove and Replace, complete in place per line3,r foot. 21 22 73 80 SY 5 SY 1 LS 3o4 470 s / c9D,c90 /5 &v e�p Asphalt Utility Pavement Repair, coMpiete in place per swarm yard. 9s,�c Flexible Use Pavement Repair, complete in place per sq are yard. Traffic Control, complete in place per imam sum. 24 25 6,076 Trench Safety fox Force Main. complete LF ; in place per linear toot. 1 LS as-lll�. Coo yea?, /s_a.� Trench Safety for Lift Station, complete in pleee per lump sum. 26 1 LS Trench Safety for Junction Boxes, complete in place per 1uTp sum. 27 28 29 2 ACRE Seeding, complete apd in place, per ecr3. 1 LS $ /O,Ooc'. e, ;5:00, s.2?SvO, �? By -Pass Pumpirg, complete in place per lumc sum. G+' 1 LS Storm Water Pollution Prevention Plan (SYt37). complete in place per lump sum.. R&VISFD Proposal :or,r• page 4 of $ 0" dO $ DDO. UTJ ADDENDUM NO. 1 Att$chmont No, 4 Shoot 4 of 8 30 1,733 LF • r- c. 1U/ L0 Silt Fence, complete in place per linear foot. 31 761.r '7/332. sv Remove and Replace fence, complete in place per Linea' foot. ap, vo $ 32 1 LS Explcratbry Excavation, complete in place; per lump sum. 33 1 L3 34 5 EA Unanticipated Utility Allowance, 'complete in place per LUMP SUM.. Boll; rd Pipeline Markers, ''complete place: per Bach. 35 S3 7c va 520,000 $20,004 3/›.5 ov. 694 LF 14" $1..terl.ine RemCVal. complete in place i per :julear foot. f,cO $ Fgp,vo 63,®36- $ i TOMS, BIZ SID: (Bid Items 1 -35) The lump sum bid item described as "lftentio9.pated Ut4.1ity Mlowance" has been sec as noted and shall be int!luded in the Total Base bid for each Bidder. This allowance nay.be used at the Engineer'$ discretion should an unanticipated adjustment of a utility or here-to-rove unknown structure or similar situation warrant the use of the .allowance funds. Should the use of funds from the "Unanticipated Utility Allowance" become necessary, the Engineer will provide written authorization at a cost negotiated between th'e City and the Contractor. There is no guarantee that any cif these funds will need to be used throughoe?t the course of the work. nvISKD Proposal Form rag,+% of ADDENDUM NO. 1 Attiehm.nt No. 4 Sheet S of 8 Of/j1/2009 17: i4 8263802 ENGINEERII'G PAGE 16/18 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the we rk covered by his bid or bids, that a e agrees any to do the work, and that no representations made by Y a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten '10) calendar days execute the formal contract and will deliver a Performance Bond as required) for the faithful performance of this contract and a Paemlent 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 tha time abcve set forth as liquidated damages for the delay and additional work caused thereby.. Baunrity,'M'i.nocity Business Bntetx'psiae Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in wr..itinc, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its ioller value for bid evaluation purpose. Slumber cf Signed Setae 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 270 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 ilverything required to carry out the above mentioned work covered by t'iis 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) • 7ej [SEAL - IF BIDDER IS a Corporation; Respectful submitted: Name: By: 'GRA'1'U1i=) address: C. gox) (Street) arN (city) (State) (Zip) Teleph.ne:,24, L9Z''r%P 1 3tp1. S3`i o hs rApvt red August : 00':)1 1QTE: Do nvt attach bid kcom other papers. in wsth :flk And submit complete with ett:atht"d pares, ere T) 7nodo ] t=erm Pane & of a ADDENDUM NO. 1 Attachment No. 4 Sheet $ of a STATE OF TEXAS § COUNTY OF NUECES § P A Y M E N T BOND Bond No.: 2303665 KNOW ALL BY THESE PRESENTS: THAT J.J.Fox Construction, Inc. of SAN PATRICIO County, Texas, hereinafter called "Principal ", and Independence Casualty and Surety Company , a corporation organized under the laws of the State of Texas and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SIX HUNDRED THIRTY -FOUR THOUSAND, THIRTY -SIX AND 50/100($634,036.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 (TOTAL BASE BID: $634,036.50) 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 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT J.J.Fox Construction, Inc. of SAN PATRICIO County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of 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 SIX HUNDRED THIRTY -FOUR THOUSAND, THIRTY -SIX AND 50/100($634,036.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 (TOTAL BASE BID: $634,036.50) 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 15th day of September , 20 09 PRINCIPAL J. J. Fox Construction, Inc. B y : , iG (Print Nam- & Tit e) ATTEST ewflrN„y--42,-C\-t- t;.-sr,fy144 0 (Print Name & Title) SURETY Independence Casualty and Surety Company By: LJ Attorney-in- act Kerry Woods (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P.O. Box 3280 Corpus Christi, TX 78463 -3280 Phone Number: 361- 883 -3803 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 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 day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety iu Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D Bond No.: 2303665 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT J.J.Fox Construction, Inc. of SAN PATRICIO County, Texas, hereinafter called "Principal ", and Independence Casualty and Surety Company a corporation organized under the laws of the State of Texas and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of SIX HUNDRED THIRTY -FOUR THOUSAND, THIRTY -SIX AND 50/100($634,036.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 (TOTAL BASE BID: $634,036.50) 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 PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT J.J.Fox Construction, Inc. of SAN PATRICIO County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of 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 SIX HUNDRED THIRTY -FOUR THOUSAND, THIRTY -SIX AND 50/100($634,036.50) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of SEPTEMBER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 (TOTAL BASE BID: $634,036.50) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15th • day of September 20 09 PRINCIPAL J. J. Fox Construction, Inc. By: `%� /49,0 .(7,K (Print Name 5 Title) ATTEST (Print Name & Title) SURETY C. , Independence Casualty and Surety Company By: Attorney-in-fact Kerry Woods (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Keetch & Associates Contact Person: Kevin Keetch Address : P. 0. Box 3280 Corpus Christi, TX 78463 -3280 Phone Number: 361- 883 -3803 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 No. 0004306 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia, Explorer Insurance Company, a Corporation 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 referred to as the "Companies "), do hereby appoint J. MICHAEL RHYNE, KERRY WOODS, KEVIN KEETCH, TRACIE HENDERSON, LONNA POKRANT their true 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 similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. MARY COM NOTARY PU8UC�A2 S A N O O COUNTY BNEf�RTIOARE.R E nog Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized 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 President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey 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 current 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 representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey 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 WITNESS WHEREOF, I have set my hand this 15th day of September 2009 . d1/3""d-zw/- 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 claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. This Power is in full force and effect until revoked 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent-Keetch & Assoc. at 361-883-3803. 3 You may call Insurance Company of the West/Independence Casualty & Surety Company's toll-free telephone number for information or to make a complaint at 1-800-877-1111 4 You may also write to Insurance Company of the West/Independence Casualty & Surety Company at: 11455 El Camino Real San Diego, CA 92130-2045 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtcnor informacion o para somatar una queja: Puede comunicarse con su agent-Keetch & Assoc. al 361-883-3803. Usted puede !lamer al numero de telefono gratis de Insurance Company of the West/Independence Casualty & Surety Company's para informacion o para someter uria queja al: 1-800-877-1111 Usted tambien puede escribir a Insurance Company of the West/Independence Casualty & Surety Company al: 11455 El Camino Real San Diego, CA 92130 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerc de companias, coberturas, clerechos o quejas al: 1-800-262-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionAtcli.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima 0 a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del document° adjunto. This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 07/ 31/200'3 17:04 82E3802 bNtiiN . F i'- CITY OF CORPUS CHRISTI DiSGLOSURE OF iNTERESTS City of Corpus. Christi Ordinance 17111" as amended, requires all persons or firms seeking to do business with the City to provide the <'ottowing information. Every question must be answered. if the question is not applicable, answer with "NA ". STREET'Q •n J • .&0 _ q o CITY' (2_4— k n. ieN ZiP: .73.217V s `7u FIRM NAME 2. Partnership 3. Sole Owner _, 4, AssoC�on FIRM is: 1. Corporation _� -- 8. Other h'i`ll± DiSGLOSURE QUESTIONS tf additional space is ne+cetemry, Orissa use the reverse side of this page or attach separate shed. 1, State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Job Title and City Department IN known) Name in fe_\ 2 State the names of eact fih�above named City ` cif Cotes Christi having an "ownership Interest" constituting 3% at more of the ownership Title Name 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" 4Onstituting 3% or more of the owns -ship in the above named "firm ", Board, Coretrniasian or Committee Marne 4 State the names of esel ernpoyee or officer of a 'consultant" for the City of Corpus Christi who worked on any matter related to the sibject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm ". Consultant Name CERTIFICATE provided is true and correct as of the date of this statement, that I hays not i certify that he difor closer poi mental statements will be knowingly withheld disclosure of any Information requested; and promptly submitted to thta City of Corpus Christi, Texas i changes PO Tltie: .tom Certifying Person:_ �t r�.,�y` (Type of Print) Signature of C.Mfyimg Pe aryl' sal tram of Si ADDENDUM NO. 1 Attachment No. 4 Sheet 7 of 8 KIN 6i.' LYJJ'7 17: v4 C.I4l71114CL1 .YI 4,a DEFINITIONS a. "Board Member". 1:4 member of any board, commission or committee appointed by the City Caution of the City (if Corpus Christi, Tessa. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an Independent contractor. whr�tfter professional, industrial or c. ',km". Any entity operated for economic gain, professional, or service, nd including r commercial and whether established to produce or deal with a product orc i or as self-employed inclu inng but not limited to, entities operated in the form of sole pr venture, race a or trust yd person, partnership, corporation, joint stock company, joint rechmrs entitles which, for purposes of taxation, are treated as non-profit �sr d. "Meier. TM Mayor, members of the City Council, City Manager, Deputy City y Manager, the Assistant City Moregea, Department and Division Heads and Municipal City of Corpus Chrsti, Texas. equitable interest, whether actually or constructively held, in a e. "Ownership mt, including fig when. Legal h i or eq or holding entity. Mefudl when such interest w herd through an a ant. ��, estate firm, "Constructively halt" refers to holding or control established through voting trusts, proxies or special agreements. speGtai tares � vrnture or partnership the City of person or firm, such as engineers and arehtleC, hired by f. Corpus ants. �r't se of professional consultation and recommendation, Corpus Christi fcp°the purpose p REV 15E0 ?roposal r0 Via Pon., a of ADDENDUM NO. 1 Attachment No. 4 Sheet a of 8 PR )1 0Ra,. CERTIFICATE OF LIABILITY INSURANCE OP ID AF JJFOX -1 09/15/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE etch & Associates Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 . Box 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM /DD/YYYY) Ke P. Corpus Christi TX 78463 -3280 Phone:361 -883 -3803 Fax:361- 883 -3894 INSURED INSURERS AFFORDING COVERAGE NAIC # J J Fox Construction, Inc.v P. 0. Box 1179 Portland TX 78374 INSURER A: American Safety Indemnity INSURER B: Texas Mutual Insurance Company INSURER C: Associated International INSURER D: Union Standard Insurance Co INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR • DM LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS A GENERAL X LIABILITY V COMMERCIAL GENERAL LIABILITY 1OTSRGL230200 04/15/09 04/15/10 / �/ EACH OCCURRENCE $1,000,000 PREMISES (Ea °occurence) $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL&ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE .-s 2, 000, 000 GEN'L AGGREGATE —1 POLICY LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP /OP AGG $ 2 , 000, 000 D AUTOMOBILE X X X LIABILITY / ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAA411062016 04/15/09 04/15/10 / V COMBINED SINGLE LIMIT (Ea accident) �1, 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS X ■ X /UMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY $ V CLAIMS MADE 10 , 00,0 CUBW2674609 04/15/09 04/15/10 EACH OCCURRENCE S1,000,000 7--$1,000,000 AGGREGATE $ $ $ WORKERS COMPENSATION AND I// EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below TSF0010064903 04/15/09 04/15 10 WC 51 ATU- X TORY LIMITS Ol H- ER E. L. EACH ACCIDENT , 000 OQO E.L. DISEASE - EA EMPLOYEE $ 1,000, 000 i i E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS General Liab Bodily Injury /Property Damage deductible $1,000 per occurrence. 10 days notice of cancellation for nonpayment of premium. / The City of Corpus Christi is named as additional insured on General ✓ Liability & Auto Liability policies. RE: NAS Effluent Reuse Lift Station & Force Main, #7407. rrnr,e.nare .......e.. ANCELLATION City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 -9277 ACORD 25 (2001/08) CICO-CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF07 THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 / DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A ORIIED REPRESS © ACORD CORPORATION 1988 : - l.T Fe C tkC7 tr);) c . .01 f o TSAG G 2.30?. -00 q /Gs /og -y %/v AMERICAN SAFETY INDEMNITY COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC TSR 002 10 03 98 VADDITIONAL INSURED - BY CONTRACT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. Name of Person or Organization as an Additional Insured: Only those parties required to be named as an Additional Insured in a written contract with the Named Insured under this policy, entered into prior to the "loss" or "occurrence. In consideration of the payment of premiums, it is hereby agreed that the following changes are incorporated Into the policy: WHO IS AN INSURED(SECTION II) is amended to include as an insured the person or organization, trustee. estate or Governmental entity to whom or to which you are obligated, by virtue of a legally enforceable written contract or by the issuance or existence of a permit, to provide insurance such as Is afforded by this policy, but only with respect to operations performed by you or on your behalf or to facilities used by you and then only for the limits of liability spedfied in such contract, but in no event for limits of llabilityin excess of the applicable limits of liability of this policy; provided that such person, organization, trustee, estate or Governmental entity shall be an insured only with respect to such 'loss' or 'occurrence" taking place after such written contract has been executed or such permit has been issued. Policy No.: l OTSR- GL2302 - 00 ASIC TSR 002 10 03 98 Coverage under this Endorsement applies only as respects a legally enforceable written contract or permit with the Named Insured under this policy and only for liability arising out of or relating to the Names insured's negligence. It is further understood and agreed that irrespective of the number of entities named as Insureds under this policy in no event shall the Company's Wilts of liability exceed the limits of liability designated in the Declarations of this policy, Ad other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged Page 1 011 FO ( C6 KS (ru c & C y/60 s, 0-o y /rg'w9 - `///s' // 0 rL4C BUSINESS AUTO COVERAGE CL CA 20 14 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. SUMMARY OF COVERAGE EXTENSIONS Paragraph No. Name Of Extension, Limit or Included A. Additional "Insured" By Contract Or Agreement ✓/ Included B. Airbags Coverage Extension Included C. Electronic Equipment Coverage Extension $1,000 D. Employees As Insureds Included E. Employee Hired Autos Included F. Hired Auto Physical Damage Coverage (Limited) $50,000 G. Knowledge Of Accident, Claim, Suit, Or Loss Included H. Limited Fellow Employee Coverage Included I. Limited Loan/Lease Gap Coverage $1 500 J. Limited Rental Reimbursement Coverage 45 Days Sublimits: 1. $50 Maximum Per Day — Private Passenger Auto 2. $75 Maximum Per Day — Other Than Private Passenger Auto 3. $2,250 Maximum Per Covered Loss K. Newly Formed Or Acqured Organizations Included L. Supplementary Payments — Increased L sits: 1. Bail Bonds $3,000 2. Loss Of Earnings (Per Day) $1,000 M. Towing And Labor Coverage Extension $75 N. Waiver Of Subrogation By Contract Or Agreement Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. tf there is a conflict between thls summary and the endorsement provisions that follow, the endorsement provisions shall prevail. CL CA20 14 0107 Includes copyrighted material of insurance Services Office, Inc., Page 1 of 9 with its permission. A. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT With respect to Section 11- Liability Coverage, Paragraph A.1. Who Is an Insured is amended to include as an additional insured any person or organization for covered "autos" (other than the owner or anyone else from whom you hire of borrow a covered `auto's when you and such person or organization have agreed in writing in a contract or agreement that such person or or- ganization be added as an additional insured on your policy. The insurance provided to such additional in- sured is subject to the following additional provi- sions: 1. Such person or organization is an additional insured only with respect to their vicarious legal responsibility for "bodily injury" or `property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. 2. Such person or organization is not an addi- tional insured for any covered "auto" owned by, hired from, or borrowed from such per- son or organization. 3. Such written contract or agreement must be executed prior to, and be in effect at the time of, the covered "bodily injury or "property damage ". 4. Paragraph H. "Insured Contract" contained in Section V— Definitions is changed to add sub - paragraph d. to the end of that defi- nition, as follows: An "insured contract does not include that part of any contract or agreement: d. That pertains to the ownership, mainte- nance or use of an "auto' and which in- demnities a person or organization for other than the vicarious liability of such person or organization for "bodily Injury" or "property damage" specifically caused, in whole or in part, by your op- eration or use of a covered "auto ". 5. Paragraph A.1. Who Is An Insured con- tained in Section 11 - Liability Insurance, is amended to delete sub - paragraph c. B. AIRBAGS COVERAGE EXTENSION Exclusion B.3.a. contained in Section III - Physical Damage Coverage does not appy to the unintended discharge of an airbag. However, coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. C. ELECTRONIC EQUIPMENT COVERAGE EX- TENSION The following is added to Paragraph A.4. Coverage Extensions contained in Section III - Physical Damage Coverage: Physical Damage Coverage on a covered "auto" also applies to `loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is* not designed solely for the reproduction of sound, subject to the following additional provisions: 1. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the cowered "auto ". 2. Coverage also apples to antennas and other accessories necessary for the use of the electronic equipment described in paragraph C.1. above. However, this does not include tapes, records or discs. 3. The most we will pay for all "loss" to such audio, visual or data electronic equipment and any accessories used with that equip- ment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the "loss "; b. The cost of repairing or replacing the damaged or stolen electronic equipment and /or its accessories with other equip- ment or accessories of like kind and quality, or c. $1,000. CL CA 20 14 01 07 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 9 with its permission. Sylvia Arriaga - RE: JJ Fox Construction Inc. Page 1 From: "Annie Foley" <annie@keetchins.com> To: "'Sylvia Arriaga"' <SylviaA @cctexas.com> Date: 10/2/2009 2:10:47 PM Subject: RE: JJ Fox Construction Inc. The broker has advised that the insurance carrier won't be able to issue the endorsement until Monday so they have given me the approval to issue. Please see attached. Annie Foley KEETCH & ASSOCIATES INSURANCE A Division of South Texas Insurance Agencies, Inc. Property, Casualty and Bonds annie @keetchins.com 361 -883 -3803 ext 228 phone 361 - 883 -3894 fax (if you cannot email attachments) P.O. Box 3280, Corpus Christi, TX 78463 - --- Original Message--- - From: Sylvia Arriaga [mailto:SylviaA @cctexas.com] Sent: Friday, October 02, 2009 1:24 PM To: Annie Foley Subject: RE: JJ Fox Construction Inc. The contracts can't be executed until all the requirements have been submitted. Therefore, until all endorsements are in hand, J.J. Fox can't be issued a notice to begin construction. I received a call from the City Manger this morning regarding the status on this project. These insurance requirments are standard to every project we do. It is the contractors responsibility to make sure he can provide required submittals within the time allotted by contract, which is 10 days after receipt of the contracts. I will be touch with J.J. Fox this afternoon and advise him of his options should we not be able to receive the endorsement by this afternoon or Monday at the latest. Thank you Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361 /826 -3501 sylviaa©cctexas.com »> "Annie Foley" <annie @keetchins.com> 10/2/2009 12:39 PM »> I will try. I'm at the mercy of the insured and the insurance company in these situations. I didn't know that you hold up processing the contract. As you know, getting these endorsements take some time and we don't know they are needed until the insured signs a contract. Annie Foley KEETCH & ASSOCIATES INSURANCE �A Division of South Texas Insurance Agencies, Inc. Property, Casualty and Bonds Sylvia Arriaga - RE: JJ Fox Construction Inc. Page 2 annie @keetchins.com 361 - 883 -3803 ext 228 phone 361 - 883 -3894 fax (if you cannot email attachments) P.O. Box 3280, Corpus Christi, TX 78463 -----Original Message From: Sylvia Arriaga [mailto:SylviaA @cctexas.com] Sent Friday, October 02, 2009 10:19 AM To: Annie Foley Subject: Re: JJ Fox Construction Inc. Annie - is there any way we can get that endorsement here today? If not, how long will it take. This contract needs to get done ASAP. Please advise. thank you Sylvia Arriaga, Contract Administrator City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 Ph: 361/826 -3530 Fx: 361/826 -3501 sylviaa @cctexas.com »> "Annie Foley' <annie @keetchins.com> 10/2/2009 9:43 AM »> Sylvia, We were waiting for approval to order the endorsement to the General Liability for 30 day NOC because there was an additional premium charge of $250 for it. I just spoke with Tommy Fox and he said to go ahead with it so I have ordered it from the insurance company on a rush basis. Annie Foley KEETCH & ASSOCIATES INSURANCE A Division of South Texas Insurance Agencies, Inc. Property, Casualty and Bonds annie @keetchins.com 361 - 883 -3803 ext 228 phone 361- 883 -3894 fax (if you cannot email attachments) P.O. Box 3280, Corpus Christi, TX 78463 COC1eMSRCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES TEE POLXCY - PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OP V CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance pravided under the following: COIQISRCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITy COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces o restricts the insurance afforded by this Coverage Part, we agree t mail prior written notice of cancellation or material change to: 10 days for nonpayment of premium Schedule .. Name: SEE MOW 2. Address: SSE BELOW 3. Number of days advance notice: THIRTY (30) City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 76469 -9277 Named Insured: JJ Fox Construction, Inc. 1� Policy Number: 10TSRGL230200 Effective Date of This Endoraemsnt: 9/17/09 Authorized Representative: • Naese (Printed) : Annie Foley Title (Printed) :, Account Executive 000203 (11 -65) ATTACHMENT. 1073 • IL 12 06 09 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS POLICY CHANGES Company: Continental Western Insurance Company Authorized Agent: 02759 (361)883 -3803 POLICY NUMBER: CAA 4110620 - 16 Named Insured: J J Fox Construction Inc PO Box 1179 Portland, TX 78374 v KEETCH & ASSOCIATES 1718 SANTA FE P.O. BOX 3280 CORPUS CHRISTI, TX 78463 -3280 Effective Date of Change: September 15, 2009 The following item(s): (X) Additional Interested Parties is (are) changed to read {See Additional Pages) }: * * * * THERE IS NO CHANGE IN PREMIUM Countersigned By: (Authorized Agent) r :vn•' {{ }:..: .:•.{::',:w::n•+•,: •.f..:: •..::::.v:::.:' i.: ' }:• };• ;: \bf.{ •• ti'•'/.•} r. ii! v:{•};{:}:: iv:•:i'- :• } }:r;:.v:::::•n.:v::: :.. w::::.v v:.: ......... ... ........ . .. • • .' e,1 } . , ' • ) .v: ef6.v.::::.:: i•.' }!:::;:::�. u ?s�,vi;:':•i:!:}tii::! ti •: .:.. , `Y Adding 30 Day Notice of Cancellation in favor of: City of Corpus Christi Department of Engineering Services ATTN: Contract Administrator P 0 Box 9277 Corpus Christi, Tx 78469 -9277 Agency IL 12 06 09 02 V Copyright ISO Properties, Inc., 2001 Pape 1 ixasMtuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 ■ 2. Notice will be mailed to: CITY OF CORPUS CHRISTI PO BOX 9277 ATTN: CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 79469 -9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on September 15 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0010064903 20090415 of the Texas Mutual Insurance Company Issued to J J FOX CONSTRUCTION I NC DBA: FOX CONSTRUCTION COMPANY Premium $ 0.00 WC420601 (ED. 1-94) Endorsement No. 2 AGENT'S COPY Authorized Representative AAPAVIA 9 -22 -2009 •w •* TTexaI ® WORKERS' COMPENSATION AND EMPLOYERS sMutuai InsuranceCompany WC990301 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601 (TX Material Change Endorsement) in favor of: CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES RECEIVED SEP 2 8 2009 Klatch s f t« Corpus TX This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on September 15 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0010064903 20090415 of the Texas Mutual Insurance Company Issued to J J FOX CONSTRUCTION I NC DBA : FOX CONSTRUCTION COMPANY Endorsement No. Premium $ 0.00 !/Y�,�/ WC990301 (ED. 1-94) AGENT'S COPY Authorized Representative AAPAVIA 9 -22 -2009 ** ** TexasMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE EXTENSION OF INFORMATION PAGE PAGE 2 STATE NAME AND ADDRESS OF INSURED J J FOX CONSTRUCTION INC DBA: FOX CONSTRUCTION COMPANY PO BOX 1179 PORTLAND, TX 78374 -1179 POLICY NUMBER TSF- 0010064903 20090415 ISSUE DATE 9 -22 -2009 ITEM 3D ** ENDORSEMENT SCHEDULE ** NUMBER 42 WC00 00 00A 42 WC42 03 04A 42 TM -LRC -2008 42 PC -2003 42 TM -MV -2001 42 TM- TRIPRA -2008 42 TM -TPE -2008 42 WC00 00 01 42 WC00 04 06 42 WC42 03 01F 42 WC42 03 08 42 WC42 04 07 42 WC42 04 08 42 WC42 06 01 42 WC42 06 01 DESCRIPTION WORKERS COMPENSATION AND EMPLO TX WAIVER OF RIGHT TO RECOVER LIMITED REIMBURSEMENT COVERAGE POLICY CONDITIONS ENDORSEMENT MUTUAL ENDORSEMENT FORM TERRORISM RISK INSURANCE PROG TERRORISM PREMIUM ENDORSEMENT WORKERS COMP /EMPLOYERS LIAB PREMIUM DISCOUNT TEXAS AMENDATORY PARTNERS /OFFICERS /OTHERS EXCL AUDIT PREMIUM ENDORSEMENT NETWORK DISCOUNT TX NOTICE OF MATERIAL CHAN TX NOTICE OF MATERIAL CHAN EDITION DATE 11 -04 -1995 1 -01 -2000 1 -01 -2008 3 -25 -2003 8 -20 -2001 1 -01 -2008 1 -01 -2008 1 -01 -1994 1 -01 -1994 1 -01 -2000 1 -01 -1997 3 -23 -2002 1 -02 -2003 1 -01 -1994 1 -01 -1994 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on September 15 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF - 0010064903 20090415 of the Texas Mutual Insurance Company Issued to J J FOX CONSTRUCTION INC DBA: FOX CONSTRUCTION COMPANY Premium $ 0.00 WC000001 (ED. 1 -94) AGENT'S COPY Endorsement No. Authorized Representative AAPAVIA 9 -22 -2009 1XaSMuJ InswanceCanpany EXTENSION OF INFORMATION PAGE PAGE 3 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT SCHEDULE NAME AND ADDRESS OF INSURED POLICY NUMBER J J FOX CONSTRUCTION INC TSF- 0010064903 20090415 DBA: FOX CONSTRUCTION COMPANY PO BOX 1179 ISSUE DATE PORTLAND, TX 78374 -1179 9-22 -2009 ITEM 3D ** ENDORSEMENT SCHEDULE *` STATE NUMBER DESCRIPTION 42 WC42 06 01 TX NOTICE OF MATERIAL CHAN EDITION DATE 1 -01 -1994 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on September 15 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0010064903 20090415 of the Texas Mutual Insurance Company Issued to J J FOX CONSTRUCTION INC DBA: FOX CONSTRUCTION COMPANY Premium $ 0.00 WC000001 (ED. 1 -94) AGENT'S COPY Endorsement No. Authorized Representative AAPAVIA 9 -22 -2009 ** ** **