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HomeMy WebLinkAboutC2010-116 - 3/9/2010 - Approved2010-116 !'I2010-048 03/09/10 Holloman Corporation S P E C'I:A L P R O S-I S I-0 N S S P E C T 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 AND B O'N D S F O R MARY RHODES PIPELINE CATHODIC PROTECTION FOR WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857-1881 Fax: 361/857-1889 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS :Phone: 361/880-3500 Fax: 361/880-3501' ~~~ PROJECT.NO:.8679 DRAWING NO: WTR 397 MARY RHODES PIPELINE CATHODIC PROTECTION Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 09) 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 yea AEees~s-and 'fir-a€€ie ^^~~~ (NOT USED) A l4 Cens€r}xe~iipme~ Spillage ^nd '"=~_'_-^~ (NOT USED) A-16 Disposal/Salvage of Materials n l? €'iel~~€iee (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A ~~ Brejee~ Si-gss (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98} ~1 ~3 T,.,..,.,.-.,.~==-- n,.,....,.,,...a in,...:__a -,i~i~~~ (NOT USED) A-24 Surety Bonds A 25 ^•^'- ~ ^^ ' ~ ~' ' ~ ° ° ` (NO LONGER APPLICABLE) A-26 Supplemental Insurance Requirements A 3? Respens~ihlli~~€er ~age~e (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended °Consideration of Contract" Requirements A-31 Amended 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 3~ 3-~ ..=.....,^..== F==='-=}=-- ~,..^,...,, a^r.,.. Y .__-.,~.. (NOT IISED) -1 -r----- -z°--- .... A 36 ~~he~-o'~i~~als~Re*aised °~-~-~/~~(NOT USED) ?~ 3? ~te~ded-uAr~aar~et~ea~ a~ Charge €er Wader ~'t~~a}shed b~~he E}~~--(NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities a 3~ Certi€ieate e€ Aee~tpaaEy~--a~rl Final 3~eeep-tanee (NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates (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-rte aispesal-ef ~~ighl~C~tler}Hated .~~~eter-~~S-,~88) (NOT ussD) ~4~-4a Pre Ge~st~uet}en E~gler~~e~-E~ea~a•t}ens F'~~~5,~se-}-(xoT assn) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Process A-51 Dewatering PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021020 Site Clearing & Stripping (S-5} 021040 Site Grading (S-6) 022020 Excavation & Backfill for Utilities & Sewers (S-9) 022022 Trench Safety for Excavations 022100 Select Material (5-15) 022420 Silt Fence (S-97) 028020 Seeding (5-14) 030020 Portland Cement Concrete (5-40) PART T - TECHNICAL SPECIFICATIONS 015063 Cathodic Protection 022000 Control of Ground Water (Well Pointing) LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE. TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: MARY RHODES PIPELINE CATHODIC PROTECTION consists of The installation of cathodic protection system upgrades at 26 sites along the Mary Rhodes water transmission main, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 .m. on Wednesda Februa 10, 2010, and then publicly opened an rea . Any ~ receive a ter c osing time will be returned unopened. A MANDATORY pre-bid meeting is scheduled for Wednesda Februa 3, 2010 be innin at 10:00 a.m. and will be conducte y t e City. T e ovation o t e meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. Representatives from .the City's Engineering and Water Departments and Russell Corrosion Consultants will be present to briefly review the project requirements and answer questions. 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 5o 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 ~Fift~and no/100 Dollars ($50.00) as a guarantee of their return in good-con ition within two was 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 Marclf, 2009 I A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSIIRANCB MINIMIIM INSIIRANCB COVBRAGS 30-Day Notice of Caacellatioa required oa Bodily Iajury and Property Damage all certificates PBR OCCIIRRffiJCB / AGGR8GAT8 R Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED .contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-il and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED Page 1 of 2 The Cit of Co y rpus Christi must be named as an additioaal iasured on all coverages except worker's compensation liability coverage. The aame 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 1 endorsements to insurance policies or coverages which are specified in section B-6-li or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have aay questions regardiag insurance requiremeats, please coatact the Coatract Admiaistrator at 880-3500. 1 Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defimed 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 aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c} A governmental entity that enters into a building or construction contract on a project shall: (1} include in the bid specifications, all 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 (Il) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(I~ 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 aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year 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(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole 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 § 110.1 I0 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 SI2-¢40-3789 to receive information on the legal requirement for coverage, to ver~ whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of I 1 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCG81, 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 ofportable 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 cert~cate 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 cert~cate 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, anew-certiftcate 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and 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; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes 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 aself-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 MARY RHODES PIPELINE CATHODIC PROTECTION PROJECT NO. 8679 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetia 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, February 10, 2010. Proposals mailed should be addressed in the following manner: Ci ttr ., f ^__~••~ C'~ri^ti City Secretary' s Office C~t~Seere-t,axy'=-~F___ City of Corpus Christi 1201 Leopard Street. Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - MARY RHODES PIPELINE CAT80DIC PROTECTION PROJECT NO. 8679 A MANDATORY pre-bid meeting is scheduled for Wednesday, February 3, 2010 beginning at 10:00 a.m. and will be conducted by the e 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. Representatives from the City's Engineering and Water Departments and Russell Corrosion Consultants will be present to briefly review the project .requirements and answer questions. 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 deliver service, to any City address or office other than the City's 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. No additional or set~arate 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 Proiect MARY RHODES PIPELINE CATHODIC PROTECTION consists of The installation of cathodic protection system upgrades at 26 sites along the Mary Rhodes water transmission main, 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 funds. Section A - SP (Revised 12/15/04) Page 1 of 23 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. Bid award is subject to the available funding. 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 Marv Rhodes Pis~eline Cathodic Protection 2009, PROJECT NO. 8679, as ideatified in the Proposal) (A Cashier's Check, certified check, mosey order or bask draft from say State or Natioaal 8aak will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completioa/Liquidated. Damages The working time for completion of the Project will be 150 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering. Services. or designee ("City Engineer") to proceed.. Days Allocatioa for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage. of the contract. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. Month Days Month Days January 3 July 3 February 3 August. 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 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, $100 per calendar day will be assessed against the Cantractor 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 Compeasatioa Iasuraace Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is -terminated or canceled for any reason, and replacement workers' compensation insurance coverage 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. Section A - SP (Revised 12/15/04) Page 2 of 23 Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Ackaowledameat 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. I~ ease erf ee~t-€lie~, Ee~ttr~e~ter-ebail-terse hig~ier wage-~'~t-e. Mi3LlmlIIll Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing misLim~ml hourly wage rates for Nueces Cotmty, Texas as set out in Part C. The Cantractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the executian of the Cantract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calend~ir day, or portion thereof, for each laborer, worlanan, or mechanic employed, if such person is paid less than the specified rates for the classificatian of work performed. The Contractor anti each subcantractor must keep an accurate record showisig the names and classifications of all laborers, workmen, and mechanics employed by them in corn~ection with the Project and ~ the actual wages paid to each worker. The Contractor will mike bi-weekly certified payroll suk~ni.ttals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcantractors and others working an the Project . TY~ese doc~anents will also be submitted to the City Engineer bi-weekly. (See sectian for Miiwrity/Mirx~rity Busis~ss Enterprise Participatioin Policy for _ additional requirements concerning the proper form and content of the payroll submittals.) One and arse-half (1'~) 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 an Sundays or holidays. Section A - SP (Revised 12/15/04) Page 3 of 23 A-1Z Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall coc~eYate 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 arty facility by using the Dig Tess System 1-800-344-8377, the Ic¢ie Star Notificatic¢i Cargaany at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone n~.m~bexs are listed. City Engis~eer Project Engineex A/E Project Engineer Traffic F.~gis~eering Police Department Water Department Wastewater D~artmexit Gas Department Storm Water Department Parks & Recreation Department Streets & Solid waste Services A E P SBC/AT&T City Street Div. for Traffic Signal/Fiber Optic Zpcate Cablevisian ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCcm (Fiber Optic) CAPROCK (Fiber Optic} Brooks Fiber Optic (MAN) 826-3500 826-3500 Michael J. Szeliga, P.E. Russell Corrosion Consultants, Inc. P.O. Box 197 Simpsonville, MD 21150 410-997-4481 Fax 410-740-2541 826-3540 882-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours) 885-6900 (885-6900 after hcsurs} 826-1881 (826-3140 after hours} 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2511- (1-800-824-4424, after hours} 826-1946 826-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624). 813-1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. -~ Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.}, flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Section A - SP (Revised 12J15J04) Page 4 of 23 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 sad Traffic Control (NOT USSR) 'fie Ce~ree-ter Mill be required to s~ehed~rle has epere~}e~te se as-~--ease ma"y-siacsum., t"rnz~z9 ~3A~~~i~R~~e~-~6, WA~'~f~34C~~i~'~Tdewa~'9 ~~3 ~3a~~--srscc a~ es~rs~~ttebiar3--ef temperar~~-rs, etc. Tie Ee~r~aeter shall eemp•l~vtit3-i the Ei~~a# Ceres Ehristi-~s-~o~ ?~?-~~}eading Standards aa~pree~iees--ss-adegted by the Cit~~Ee$}es a€s i~~yfflei3~bfi3~~~e-~laa., ~.. n..,..}....,.,4.,..... r^ A-14 Coastructioa Squipmeat Spillage and Trackiag (NOT USED) clear a€~-eh--related ~aa~e~ials. st~eh wer-k x~s~ be-eemgleted v~i~hey increase in the Eentrae~-g~iee. S~ree~s~3d e~tr~ l~~e-m~ts~ he-eleane~-e~the en~-ef the werk day-er-~er~ sewer ~s-tem. Ne vis}hle ~a~er}al that eeuld be vaashed }ale sterm-sewers J w allew~ed to ree-ain en the prey-eet~}te __ ~a;._n_ "` =t=.='.c. A-15 8xcavatioa and Removals (NOT USSR) Tie-e~cea~tes~-areae he~iind eur~s--G~~-a~}aeen~ ~,. __a~..,..,,_.. _,.a a_v....,.......,. ..._c'- _.. _..__. _ _ __. _.._j _ _ k~e-f}lle~w~th-~-elea~ty-d3r~~LClea~~-d3r~ is~efie:ed-ss~}r-t the-t =- ==r='='- fer-t}1}eer. 'F~e d3r~ mush be free e~ debr}s, eeliehe, asp~lt, ee~erete~d ~~ X11 neeessa~~--re~tex~als ine~t~dinQ hat net 1}~tited--to-pipe, dri~e~aays, ei~ewal#s, ebe., are ~s-be-eensidered s~ttbsid}arm-te the-bid ite~t €er "~z E~eea~atiee~-; tlier~e€are, ne di~ee~-pa~en~ v~311--be-made ~^ ^-^'-~-~}^'^. 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 Section A - SP (Revised 12/15/04) Page 5 of 23 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-I7 Field Office (NOT IISED) A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cazsrrnaR 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 aad 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. 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 Contractors 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 Sectioa A - SP (Revised 12/15/04) Page 6 of 23 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 ee~tp~et}en e€ the -p~uie~gr~eeess. Alea, the 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. Following is the minimum schedule of documentation required: • All et~rb ~ett~rns-tea}n~ a€ ta~geac-~~;~i~t of a}ren~tferenee .ourl~-aria9,stte,.. F~ y~ 7 € street 6~3 a~'28~in~er~*~1; curate rcz:c~ acct= xx6w ~~ise X7t7t23 s'l~es~ • vt=eet a=ewisB A~3 a ~9~'-~Ft~B~'iT-cr~-cc~3~~t a~~ ~i}te~'$ee~ti6~ts. - nll r}m, inve~t~le~*at€e~ts~t-ma~oles, • All _...~=---=`-'= ,.` '-----_ ___ ....,..^':.^.'__. =_ = , • Cas€ng-elevet}ens-Ftep-a€~}pe and €leya~}ne-}-~-T~~'~-a-ad-Ft~-~er~iza-; . Water: • All top of valves box; • Valves vaults rim; •-Cag}ng-ele~ra~€eas~tep--s€~i~e and €lew line3--~T~D~T~~-~~1zs7 . n== rimT}avert~le~re-t}ens at ~ta~ales, • All _..~.=====.._.,^. , =---- --- ..._=.,wci c_ --~ • C3eing-eleva-tien9~tep e€ pipe aad~ €le6a 1}ee-;='~ cnvi-ar^t~°~z°c~e.czic:ctaT A-20 Testing and Certificatioa All tests required under this item must be laboratory selected by the City Engineer. The will be borne by the City. In the event that be done over after corrective measures have retesting will be borne by the Contractor an the Contractor. The Contractor must provide all applicable Engineer. A-21 Project Signs NOT IISBD done by a recognized testing cost of the laboratory testing any test fails, that test must been taken, and the cost of d deducted from the payment to certifications to the City Section A - SP (Revised 12/15/04) Page 7 of 23 A-22 Miaority/Minority $usiaess 8aterprise Participation Policy (Revised 10/98} 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. 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. Section A - SP (Revised 12/15/04) Page 8 of 23 d. Minority: See definition under Minority Business Enterprise. 3. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at Least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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: Miaority Participatioa Miaority Business 8nterprise (Percent) Participatioa (Percent) 45 ~ 15 ~ 4. 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. 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. Section A - SP (Revised 12/15/04) Page 9 of 23 A-23 Iasnectioa Required (Revised 7/5/00) (NOT U3RD) .,....,.r.,.....I, ......,.. ...rr___~.-_.... ...------- - - - -- ---- --------- --- - - i ~ 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 reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsures may not exceed ten percent (l0%) 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 reinsures authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each 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 reinsures that is certified by the United States Secretary of the Treasury. and that meets all the above requirements. The insurer or reinsures must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Sxemptioa (NOT IISED) c ' L ~ l re e~t adaa~d - ed b th~C~t e€ ^^-^^ ~ S ve~Elen C= xcicp=v GGISCxRGCV € l}f = = e rea m ~}e p ~ - g s of £alee E3n a ~ i~s an ~ r c4-Hse '^^..~~ ^, e~ e y- G == Qo net goa mot ~ee p t , , ~ ~ ~ n n~ F nt., 3 $ T 3~d }s~~at~en of '£ } }ale 3-4 n..L. F lie Free-a- , er »cccxva ~ =mix vs G=:ag a3E t1Et n , E r i s cpcarsx-cz~~xc xxecco~ca=~Ba ~e~ ~a3f -~ei~'YFT~~9 ~~'6~k ~~i e-u'~a~e n.. .., a-,,..., , ,. ""r - Section A - SP (Revised 12/15/04) Page 10 of 23 i =ae~3$~€y-~~3 the &~~'@~i'~a$e 3paee-6~t ~~3e "~~a~eA~e~i~ e€ ~43t-eP'~a~s-uixa Other CftarQes" in-~~e--Pr@Pesal €e~t th~ees~-e€ ma~~v:.., ,. ~wj ,., ,..., , j. inee~er~~e~}ate t~ n. ='` .=t T a,., J 3 • L'~'6v~~{y~~sale "'}~ F~ ~w}... .. i-.. ..l i - 4-iT@K~~e ~~3e E"~~y-ya~~~3 eeg~c3 6€ •.~-e .., a... .t....~-...,+.:..a...., a.i.,,. s~-paw€er~ll~les, Eaan.}se, ~,a TT..e m., e _ .., s~ablc to t~:i~ Prc j cct . u=s@ eecicgrscH `d~~~3 the cc~@Ve regtt}cements Y?ie- 'E6ixc~'$@~@~' mtt9~ ~sst2e @ i i 3.s~9~e•s~r1~'e3&~e eery}€iea~e ~~ ?=-~ --rr~ --y 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 chap a 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 8-6-11 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 Section A - SP (Revised 12/15/04) Page 11 of 23 hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims NQT IISBD Ce~r-ae~e~' m~tst~~'e~ide-~ildee''s ~Ei~ rer-a € €~ie-~e~t~a € th e -t - s# er ~ao-~all~atie33-i~'le~tee' =------------ e~ -te-a~d €~l ~} t-h -d t fi ge er e e~ e erms- €i ll P~ ~eet e Cit t -th np u ng a e- e e ~..~,~.....,. ~-..,-_...._T....~..„_,.s.. w na ~eeep r y 9- e e ~'l ~ e n-'~~111 R r t b - ere. y-€e~ isl E t ~et r ~~ ea er e ~e ~age ~tt~e e a t h $ i t ~ e . e~t r e g~~-a- ld 3~i # ~ r= t ll ti ~ ~ e neeessea~~ st~e t~ Pee e-grae~re ~in an - i~rs ~~anee ~er~ e } •l $s e s s er a a ea- a ~ deduetible Tie-C}~ - st-~ - a g y t ee g , ne u addi~ienal i~ts}rreE~~elie€e$-g . y mu ~ ~e ~e~i~€~ s~xe€i }ns~tr~anee~e~e-rage- A-28 Considerations for Contract Award and 8xecutioa 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, foremen, and corrosion specilists 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, Section A - SP (Revised 12/15/04) Page 12 of 23 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• 3. Corrosion Specialist shall be MACE certified and have at least five (5) years retest experience in similar work. 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 Eagiaeer's obligation to execute a coatract 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 °Consideratioa of coatract".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. Section A - SP (Revised 12/15/04) Page 13 of 23 The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the .right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days followiag bid opeaiag, submit in letter form, information identifying type of eatity aad state, i.e., Texas (or other state) Corporation or Partaership, and game(s) gad Title(s) of individual(s) authorized to execute coatracts on behalf of said eatity. A-31 Amended Policy on Extra Work and Chaage 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 arty 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 ac)~owledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "~cecution of Contract" ate,; rements Under "General Provisions aril Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at arty time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, grid 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 Mandatory Pre-Bid Meeting referred to in Special Provision A-1. Section A - SP (Revi.aed 12/15/04) Page 14 of 23 A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation- Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requiremeats (NOT IISBD) drier €e-per€er~i~ t hi b E ~ we~~ at and-Gi~~-w ~ h- € ~ ~ a€e~ €aeilit~~ke _ ,. = ::= ' =t ` ' ==' rae er, s s~r e e ers, an eae e e rae• 1 _ - r _ -- •---- _ - ('~: }.: T.T..}..... ''1~.n .. ~ ~ ~i -l~ ~ P l C ~ }.. C- P ~ ' ~ ter ~ . csz~.TUCCx acpar IlF S e~3 ere9~e . '~tt •~€~ r d ~ 311 b _ er~ 6 t ~ c - -~ e ~~3ei~'~~ed E~t ~- vz sca ccctrvi~-a tvgr-aF~k c e X e-e e y . __- a •. i 3 ' ~ Q G ~~~1~3~~£~' } - '~ ' ' ~o~~ wEt~ei~' ~~ -~ -~ ' ,~1Fi cr-w eS• ~ $ e-pc v-- ~,r-aQUiz=e==al i~€er• ~ E - F i ~~Ct-Fzzzy-- v:@~ - iar-t re€er €e ~rttaehtee~€ - j - ~ 1. ?~3.1 Materials aid e ~}pment used }a the repair, , ~raeepert~a~ie~-rei~st- alla~iei~-sad-i~sg eetia~-ef--pi pe, er-- arm c}ther items, w~ieb eettl A ri n € € d ee~te }nte eei3~aet Pi bi l 8t d w}~h~at-able },} Iaa d water~ }.-.ATT..} ~ ~' me ea er~ e esn 3- a~t a ena ~ Pi~'I~NS ~ ~ „ _ ar s ~ i ' == i~ ~- ~ ~ -- -= ~~ e ,~csrcucrm:-rvs~:sac=c~ s}.,»a..,,.a 5,., c, ..}. ~ S rTCCaFi ar r ~s-acac~ e i t .. ..».-...»_~ -r ------------- - Section A - SP (Revised 12/15/04) Page 15 of 23 ~i~ €~as~ € ;~ €~ -~ ~~ - ~e~ e~ ~}s-e~ ~e ees a e~~ ge~e~-a eE ~ e ee ~e g ~ , Q s~~ i~~ € i~}€ }€ ~ ~l i ~ ~ € ~e a~~e~ae~ ~~ „-. ,'-..~~~~° ae ~s e. e~t ~g- r~s i va ~~ 3 ~ ~ ~ ~ ~te . e ~~ ~i tes aa~ ~ ~ ~ re ~ ~n a - ~ee~--we~ areas e ea~r-a a e ~~ ~ a e e~ - ~ ee~e~e~ ~}€e~ e~rer-a~~s~ ~' l € ae€ ~ ~ - ~ . ea ~ ~s wea e~ -s--gee -sa~e ~ efa ~e ee~~€e~ ae ~~ 4 ' ~1 ~i€ ~ ~ ~ ~ g ~; er w~ p ~ aa- e~ aage, e 2 fi s--€~e~-~e~~ae~a~ - ~ ~ ~ € ~ ~~ i l € e ' = ~- ----_ ee ~ae = e~ s a ~re~ F e e ee ~~~e-~e~e~a~e~e~ :~n~ P-1-~~~~e ~ - - ;- -. . g e~es ~~a ~ ~~~ . , ,T...,~v....~ ~es~~ea~ts 8i~ € }~}€ ~ E ~ € ~ ~ ..v ~ ae ~ . . ea ~ae e~ ~a}s- ~e i~se ae~ -~ ar~~e~-a~ des} ~a-€e~ ~~ G ~i€ ? ~ ~ € ~ ~ r ~ € ~ -- g s e~ . - - r~e e~- ~e . e ee attts e ~ -e ~€ spa€€ ~~~ ~e~~~ac~e~ --~- ~ i e-~ ~- ~i i $ -~ -~ r~~ s ~ . es ga e ~- ~ ~ e a e~ epa e e e~ie~es ~e~i~ wer~ei~ ~ ~ -~e ~ ~ i = . g g re~ss~e s - ce ee~~ t~ a~~~e des} aa~e~ ee~st~ ~ - ~ ~~ ~ ~ e e~i . s; Q ese r ae e~ e~~ e~ees ~t e e a ... ~ .,. r., _ s-et~e~ ~~a~ € a ~~ ~ - i~~~ en ' _ = are per uTa e~ .~e-e e ~tr g -=s=- r~ ~„v,.,.~.,~, .~ T,~~.,v~.» 'r"" ~~. ~} ~ Ei~ € = •= .,.. . _ ~= er as- ree e~ e~ ~a- -r °- - r -- - ------ --~ -' -- ----- n 4 ~ -- j T /'~/~TTT G~ TT T/1TT\ ~ r-~ € t-~ ~ - ~ ~ ~ - i~ ~i~ -at3~ ee~€~ e~ .~e 7, ee~tr e e e aee ~tea e g F7e ~-..-...- as ~ € i -. ---. j .- j .1....~.~~-~..... ~ ~ ~i €~ ..---~-~- ~~€} ~.~ -.--~. ...r .~~ ~.- ~ie~s ~ ~~r ..~1 1.. ..~: a ~~ ...-ti-...~, ~ - e~ e~ ,_ , ,. ae ~~tee ~g- e- ,~,... w..~.. .. , .. ~a e .. ~ ~ fi a ~t e me~~€}ea€} ew ~i a ~i ~r~~ =ner € ~a-a es ~~, ~-~ =s ==ez ==« se~ee~ie~s € r~ <~ e ie~~ , e i~ts~a~~i ns, a e~s, e i g , 3 ~x , i € } ~ ~ g, 3 ~g. t}~ ~} - ~ , i i ~~egra ag er-a~iee- , errs e~r g ag, e ~ a3~ ~a~~vaa~ aad ~ tgg ~tQ, -se€€iva ~a ag, ea eei€ie~ e ~e-s e~-g a~ r } ag- -r~ ~ ~ d „ e ~ ~eq~t ~e - ~ ~ ~F i ~e ~~ ~~ ea a e~-ti ~~ - ~ e -~ ~ . e s g a ~ g g t e ee~ ?~c~eo~~re~ sus-€e~-~~si~ess; ~~-a€e~a~~~ isi~a~~~e ~-~-raa~ eiaa-~e~ _~ a ~= `-' = i' ~ aee as~gg~}e~ ~e-~e aa~ ee~~~e~}~~ as req~i~e~}e ~i$ Ee €~~e ire bias ~ee~t ae~i 3 e~ -ea a ~ i t-~ -~ ~~,ae~ e~ a~ ~eas~ a ' F= r]F #' - . ~ ~ ~ ge ~t e ~e ~ersi~ €e~~ ~eas€ ~ 1_~Y~. = =r== we e _ Section A - SP (Revised 12/15/04) Page 16 of 23 4 ~~ l d } t 3aee o ~~~€ess~ie~al-~ri a-~@s ~ e e~tp e~ a ere eg s g , ~e-r€s~--the ~ ~F l -wer# _ ..' _- _ -s-' l a ~,., ~~,-" -..- - -: F:..^~. ,._ -< - -- ~- ~ _ e emg . ey$~ ea~~=ete~ a er-se mc~te e~e tt€ae~ttre .r~r... ~v ..:~~, r~-s bra}aiag eet~~se - ~..«........~.~~~... -- -=~F~~..'^',". se€twar~~r~ ~ - } t i e~ese ~~er th r e ^^-~~~ €~ll eta€€e~ e~~ a~t~-ee ~ e ~ e ~a mo -a se~*}ee €a~ l } ms a }li~ '^^i ~e ~withi~ l ~ , AAA 7 ~+ ..F a'iac. i'•• ~--~_- ~ ~ ~am ~- re }fi t g gg . . ".~.. ' tom. t@ ~;~~ ~~ tie ..^'-~-^ ~rta ma ~t rn~.: F; ., a i.., =r------- °° i i v lx € re ..,.,., .., ----~- 3 ~ ea - ~ ~ e aa ~ g r-a t w~3~e~3 ~6 t~'3e 3~ i F '9~i~et a€--@i4@ = =c v ir ~ i zcr-~3 S i e~i p i t~ ~ c~c t etieal e~teat ' where th}s-~s ..,a: :~ a~t~FZ ~i ~ = ta- l ~a~ ll . g~ a }vea- t s€ a will ae-the gr~ae e ~e a , e~t a t ~~te~ g i== l ~ a i dah}eh ~l t}a Ee~ttraeter-@~~ ~ ~nt ~ s~eea~r~et _ : E er~r t ase egra~ts t h ll tta e e~-a ~ ie aew daer~e €e~~''-, " . ll €}lle~-ett ~ . J -... °~- ~~~ ~ e~t~ra ~ e i..~ ..,.i-,, u~4~~ rem e e~ a =rea ~ s a -ta sh t~ee a re ev~t-the--~regra~~t~ag a a a a s aeeQ~_ '~?a aa~ gi~rea t t~te~ragr-ate i~ =ro~in~ o th }e e~Qe~ e E}ty-~ ase. ~ to spe giaee~~ith~ll ehaa~e 'he attaehe~-sheet i$-a w-all e€ the req~}~e s ~ta~e~g a-e~~a~le--~~ ~ e~eets-fie A-36 Other Submittals (NOT IISSD) A. ICCpS~aG'~R'C"72A~'es'. ~F~--aE~~t~63}-fie t~3e i~'eCjt3~~'e~ ee~~es, t~3@ n"'"a""^"`""' ~nall al$o--s•~i~ eae-~1T~ePre~~t@lble--tra~ts~areee~€e~-alb-sh@~ a h l F tt • i tt t t€i~e~-e€ t€ ~ i$ aa~ Beet}ems 6r~t a- ae e FU==onr.t u b h s == a i l €er~t t }tt ~ ~ }tt ; ls must-t~a~e ~-~ttm er eae segzi~~ a ra~ts~ a . e$ m a the-erigi~al sum}ttal ~ }~ ti€ t attx~e~ ~a}th a~ al~a~e th -Ceatr t t~~ ~e -~6 ~tie- e~rtraeter--@~ er m~ts ea Ee~r~ae ae er, ~ e~ e e $~~lrer; per~iae~t dra w}a~ sheet a~~ beta}l at~ mbe~-~s', ; -ate ~. Ee~raeta~-~-s -fit-amp:-Eeatraeter ~t~tst aggl~ -Eea~raeter~-s- sta{rt~ a-~re~~ia~t-elm-s}g~e~ er }~}t}ales, v~~}eh se rf}€}es t~~-r e~*ie~a, Seri€ie~~i@r~--e€ ~re~t~ets re~ire~, €lel~ ~inteasieas, ^a ,^^~.,'- ^ccirscizczrv^iz--'ov@si's, aa~c6ei`~~3~~~~643 @~ ~33~ 9i~'~tRaa4e3}, i$--a ll ii= Sectioa A - SP (Revised 12/15/04) Page 17 of 23 aeeerdanee with the-regttiremente e~ the-Pre}eet and--~a~ tee- _. Sehedttl}ng. Ceetreeter meet sehedele the ~-tam}ttals to e~pedite~3e ~rejeet, mad deliver to the Ei~ty-Engineer €er apfareval;--ana eaerdinate-tne sehm}ssie~~-e€ 1~elated-items. ~~am~les : ~'he Centr.aeter m~s~t suhmih samples-e€ €i~ishes €rem--tie-~3~ ramie e€ manta€aett~rers-LS-taedar~ eele~s, te~t~xres, a~~t-tere.s €er-~y ~gieeer ~ ~ ,., ,.,.~... sttbm}t three~3~--eep}es~€ a31 she}-test eta, and reps}r ~eper~~~ all eat site test data v~ithin t-he-speei€ied t}me-to-tie Ci-~y-ineer-€-er en the ~'^ =` r . - J A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Satities 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 isst~aaee a€-a ee~-t~~}eate e€ eeeepa~ci~€er impra~e~teets does ~ Section A - SP (Revised 12/15/04) Page 18 of 23 A-40 Amendment to Section 8-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory NOT IISBD , A-42 OSHA Rules & Reaulatioas It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for .Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials,. employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Chaaae 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 t7/5/o0) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all-facilities. Section A - SP (Revised 12/15/04) Page 19 of 23 (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1} Horizontal and vertical dimensions due to substitutions/field changes. (2} Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4} Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) NOT IISSD m i ll b }ble €er ' e$al e€ Wa$ei~' tts~--~e~ $~3e d}s~ c CGI=cSAGG~x == } € a= = e a ti d ~ eape=:s shi~t i €l li g r~e~ed--~z~e~ n.,.,}.._,.,..~~,. n~r3-n ~ ee ~ tG~t ==9, = _ en an l t= g t~ ne h levels l ~ l gg wall be--t~se~ €er e€ ehler}ate :: t G .oats=; P = a = ett a R= ~ t Q ~ d th e i , selia~ e~a s}ble l}~t}ts €er d3 a=~ ===GGt G==, a== «<a~-e e~ rm sEeee . g s 1 h ' r'E ~ lt lll t - ~ w~. ~,~,, n,.~~v..,.~..,. ~ ~ e ; ~.; ~ ; ~,, age>:38 GS s~e ~S , ~ £d~ ;T , e e - i € ' l l'h ll b h esal e€ '~:..'~~.. -€®r dis ar~te- a ge €he E t~ e~ appr eva e ne ere s a p p w p J 1 "' ~ __ `.. A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT IISED pipet i~te . P~sxcxxzg~xpclx~es at a ma3eimt~m e€ 308 €eet n n "..a ~'eirc~'c"Fe-~6i~' 9~iT~~~2-Y-3te~ 3~~€ee~ ma~i~te~t 9-C. OG==t=ae€er eftall t~te~t~~epare a repe~-t aid s t}yes-P~eea~xte € - } - f ~ = dl } tiff i~ }~ ~'^° ~';ry ~ ,rpr~,~,i as well-a~ ~ ed ~-an l-s~r~e - ~ pe va~e~ a ng t te == eat I , a y ele~a~iens~-t-li,. ~,. ,.~ ..}, , ~. Section A - SP (ReviBed 12/15/04) Page 20 of 23 A-48 Overhead 8lectrical Wires 0/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and 'along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees. and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Ameaded "Maiateaaace Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-B-il 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 Ameaded Prosecutioa aad 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 Dewateriag Because of the wide area covered by this project, no soils investigations or groundwater table levels were determined. Therefore, it is unknown if groundwater will, or will not, play a role in any required excavations. 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 nearby swale within the transmission main easement. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City at the City's expense, a minimum of once a week. Contractor shall coordinate with the City on all testing. Tests will also be performed at each new work site where groundwater is encountered. If the groundwater quality requires discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater treatment 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. If the outcome of the groundwater testing is that it must be discharged to a wastewater system, the Contractor shall contact Tilo Schmidt at tel. (361) Section A - SP (Revised 12/15/04) Page 21 of 23 826-1817 to determine whether the City of Corpus Christi Wastewater Department would accept the groundwater and what the fee for the treatment would be. 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, recording the water level shortly after completion, allowing to sit over night, recording the water level again, pumping the hole or trench dry to a holding tank or vacuum truck, then recording how long it takes to fill to the original level and the overnight level. Dewatering shall be paid for on a per excavation basis if well pointing is required. All costs associated with Well Pointing (including all required disposal measures) shall be included in the amount bid for the items "Dewatering" as shown in the proposal forms. (A separate bid item is also included to allow for mobilization costs incurred) All other forms of dewatering needed to keep the excavation dry, as approved by the Engineer, shall include all costs to provide a dry foundation for the proposed improvements and shall be considered subsidiary to the various other bid items in the contract. In any event, the Contractor shall be required to take whatever steps are necessary to provide a stable trench bottom for the installation of any wiring, anodes or connections to the water transmission main pipe. Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: MARY RHODES PIPELINE CATHODIC PROTECTION; PROJECT No. 8679 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: SUBMITTAL RATS: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Sectioa A - SP (Revised 12/15/04) Page 23 of 23 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 9T8 day of MARCH, 2010, 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 Holloman Corporation termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $246,906.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MARY RHODES PIPELINE CATHODIC PROTECTION PROJECT NO. 8679 (TOTAL BASE BID: $246,906.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default., Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTES City Secretary CITY OF ORPUS C ISTI Juan Perale , Jr.,P.E. Assistant ity Manager Engineering/Development Services APPR D AS TO GAI+ RM By: Asst. City Attorne ATTE ( I f G~orpor~tion) fff ~ //1 /ln of t, (Seal/ below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) By : ~ti~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Holloman Co ration By: T' e: Vice Pre ident 13730 IH 10 EAST (Address) CONVERSE, TX 78109 (City) (State)(ZIP) 210/667-9925 * 210/667-9968 (Phone) (Fax) ~~/0-4~g ~u~HOR~zE~ ~Y cnuNa~ .. ©~ D " o Agreement Page 2 of 2 ...,~:~`~, S~CRETQ R1' F~j~ ' RESOLUTION Olr' CORPORATE AUTHORITY I, Mark Stevenson, the undersi~ied President of Holloman Corporation, the "Corporation", hereby certify that: Corporation is duly organized and existing under the lawws of the State of Texas. The following is a true and accurate transcript of a Resolulipza adopted at the June 23, 2003 Board meeting. The Corporation's Board of Directors adopted the Resolution, which is contained in the Corporation's minute book, at a duly authorized board meeting. A quorum of Corporation's Board of Directors was present at the entire board meeting and all actions taken at the meeting c~mPlied with Corporation's charter and by-laws. The Resolution has not been amended yr revoked on tlae date signed below, and remains in full force and effect. RESOLVED, that Rodney Schwarzlose, manager of South Texas bivision of Holloman Corporation, is empowered to sign any and all documents on behalf of said Corporation. Signed and scaled on June 23, 2003. (Seal} ---~~~ MARK STI;+ N, President Attested to by: ERIC PRIM, Vice President 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 INSIIRANCB MINIMIIM INSIIR.ANCB COVBRAGS 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates P$R OCCURRSNCB / AGGRBGATS Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of ® NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ - ~ REQUIRED ® NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on - each certificate of insurance. pFor 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-il or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have nay questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 P R O P O S A L F A R M ? O R MARY RHODES PIPELINE CATHODIC PROTECTION PROJECT NO. 8679 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS ADDENDUM NO. 2 Proposal Form ATTACHMENT NO. 2 Page 1 of 7 Page 1 Of T P R O P O S A L Place Date : ~ ~ (~ ~ ~ D Proposal of Holloman Corporation , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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: MARY RIiODEB PIPELINB CATHODIC PROTECTION PROJECT NO. 8679 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the fallowing prices, to- wit: ADDENDUM NO. 2 ATTACHMENT NO. 2 Page 2 of 7 Proposal Form Page 2 of 7 MARY RHODES PIPELINE CATHODIC PROTECTION PROJI3CT NO . B 67 9 I II III IV V IInit ITEM QTY Description Price Total 1 ~ Replace test wires at existing test stations, complete and in place per each site $ $(p2,3~ ~. Install CMS-6 anode groundbed 2 5 and test stations 10 $~$"~~ ~ • Complete and in place per each site. install anode groundbed at 3 14 existing test stations Complete and in place per each site. $4,13• ,~11 $ ~~1'~~2.2• Trench safety for excavation for 4 9 pair of test leads connection to ' ' $ t, ,~. $ ~~ 554, • pipe (5 to 8 depth) complete and in place per each site. Trench safety for excavation for pair of test leads connection to 5 1 pipe ( 8' to 11' depth) complete $ ~., 51 . $ ~,., ~j ( , and in place per each site. Trench safety for excavation for 5 1 pair of test leads connection to $ ~,~~• $ 2,~8s ~ pipe (> 11' depth) complete and in place per each site. Dewatering per excavation for pair of EST leads connection to 7 l0 pipe, complete and in place per $7SS`. $~`1.SS® day, per each site. ADDENDUM NO. z i ATTACHMENT NO. 2 Page 3 of 7 Proposal Porm Page 3 of 7 I II III IV V IInit ITEM QTY Description Price Total Mobilization and Demobilization ' 3'~~ " 8 3 for Dewatering, complete and in ~ $ (0.33b - place per site TOTAL BASE $ID: (Bid Items 1-8) The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. ADDENDUM NO. 2 ATTACHMENT NO. 2 Page 4 of 7 Proposal Form Page : of 7 " Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a. Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bona attached to this proposal, in the amount of 5~S of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sete of Documeatss 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 150 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): i. Respectfully submitted: Name: Rodney chwar se By: (SEAL - IF BIDDER IS (SIGN T ) a Corporation) Addr s: 13730 IH 10 East (P.O. Box) .(Street) Converse, TX. 78109 (City) (State) (Zip) Telephone:210-667-9925 NOTB: Do not detach bid Prom othes papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) ADDENDUM N0.2 ATTACHMENT NO. 2 Page 5 of 7 Proposal Form Page 5 of 7 P A X M E N T H O N D Bond No. 46BCSFH7748 STATE OF TEXAg § KNOW ALL SY TgESB PRESENTS: COUNTY OF NUECEg § TEAT _ Holloman Corporation of l3P.XAR County, Texas, hereinafter called "Principal", and Hartford Fire Insurance Company , a corporation organized under the laws of the State of Connecticut , 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 Tt40 HUNDRED FORTY-$IX THOUSAND NzNE HDNDRSD Sx7C AND NO 100($246,906.00) DOLLARS, lawful money of the United Statue, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly .by these presents: THE CONDITION OF TxZS OBLIGATION =$ SUCS TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH day MARLS , 20 3.0 , a copy of which is hereto attached and made a part hereof, for the construction of: MARY RHOpE3 PIPELINE CATHODIC PROTECTION PROJECT N0. 8679 (TOTAI+ HA3E BID: $246,906.00) Wow, 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 Lull force and effect. PROVIDED FURTHER, that .if any legal action be filed upon this bond, venue shall l.ie in Nuece3 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 wczr performed thereunder, yr the plans, specifications, drawings, r:I•.c., accompanying the same shall in anywise affect its obligatiion on this bond, and it does hereby waive notice of any su:.h ci:~~nge, extension of time, alteration or addition t;o the rer.rr.s of. :i.~• contract, or to the work to be performed ;hereundc-.x. ,,,.,.,.~~i: °ti~,r.d ': ~ a ; '). This bond i.s given to meet the requirements of Article 5160, Vernon`s Civil Statutes of Texas, and other applicable statutes of the State of Texas. ;'he 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 arisfr)g out of s)~ch suretyship, as provided by Art. 7.19-1, Verr)on's Texas Insurance Code. IN WITNESS i~P8ERE0F, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 9th day of March 2010 PRZNCYPAL Holtoman Cor oratio By: odne Schwarzlose, Vice President t nt Name & Title) ATTES ~~~_ Jessica Chambliss, Administra_;<~n ii%rint: Name: b Title) SURETX Hartford Fire Insurance Company ~~ ~SC1t~ia3f3~r ,,,,1~ 3000 Internet Blvd., Suite 600, Frisco TX 75034-1991 ~ _ .,, By -_- ~ - ~ .., ~ ~ a .. .~ v ~=x t°' AtCOrney-in-fact, Brian S. Horan ~~ (E'rint Namc; ~ a ` -: ~~'. w° . The ReBfdeAt Agent of the Surety in Nuecea County, Taxas,6~''~gr' , 1~,.,.~~~*~~ daZ~Every of notice and service off' procesa .ie; 'r'~$frt4E!° Agency; Swantner & Gordon Insurance Agency LLP Coatdct: Person: Mary Ellen Moore Address: 500 North Shoreline Blvd. Suite 1200 Corpus Christi TX 78471 Phone Number: _13611883-1711 (NOTE.: patA a: Payme.r,t i)anti ::;ust nor, t~•• prior c~> dato of contract) (Raviaed 3/08) ..mast H<;nd .,oc 2 of 2 P E R F O R M A N C E B O N A Bond No.468CSFH7748 STATE OF TERAS § cavxTY oa NvECES § KNOW ALL SY TBES$ HR838D7T3: THAT Holloiaan Co oration of $EXAR County, Texas, hereinafter called "Pr.ncipal", and artford F re nsurance Company , a corporation organized under the laws of the State of Connect(cut 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 TIfO HLJNDRL~D FORTY-SIJC TBOIISAND NINE BUNDRED SIX AND NO/100 (52~6,90tb.00) DOZI,ARS, lawful money of the United States, to be paid in Nueces County, Texz-s, £or the payment o£ which sum well and truly to bs made we bind ourselves, our heirs, executors, administrators and successors, jointly acid severally, firmly by these presents: TSE CONDITION OF THI3 OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH of MARCH 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: MARY RHODES PIPELIN73 CATHODIC PROTECTION PROJECT NO. 8679 (TOTAI. BASE BID; $246,906.00) NqW, 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 ohli.gation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, Chat if any legal action be filed on this bond, venue shall lie in Nupc:c:s County, Texas. And that said surety for value received hereby stipulates that no change, extension %f 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 suc:•~ cha:uae, extension of time, alteration or addition to the r.errrs of r.~:;. contract, or to the work to be performed thereunder.. i~a; r ~ ~ inence Ggnd ..tc: _ of ~ This bond is g1Vr?il to meet the requirements of Article SI60, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersiyr~ed ;agent i.s hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be del.iver.ed and on whom service of process may- be had in matters arising cut 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 ::ha]) ba deemed an original, this the 9th day of March 2010 - PRINCIPAL Hofloman CorporatIo 8y ...-_Ro ey_Sc warzlos Vice President ATTES • 'l~- Je sica Chambliss, Administration ;I?nt NuR.e b Title) SURETY Hartford Fire Insurance Company 3000 Internet t31vd., Suite 600. risco TX 75034-1991 B~ . ~ ,~ a .~r ..~~~9~, . l~ttorney-in-fact, Brian S. Horan ~°~' r; , ~ - ~''~~r'f ' W~~ °~ (f•.znt Name) ~ r ~ +~'~~' -.~ The Residaut Agent of the Surety in Naecea Countyf Texsa,'N ~.r - ~ ~• delfvery otj notate and sexvice of proceaa ats: `'; ~~~° ~,, ~~~° Agency: Swantner & Gordon Insurance Agency, LLP ''~~rrrtrsaz~'sT `°``` Contact Person : Marv Ellen Moore Add:resa: 500 North Shoreline Blvd., Suite 1200 _Corpus Christi TX 78471 Phoae Number: (361} 883-1711 (NOTB: Date of Perform.:,nce lr :.: rnrst ::o~ ;.•~ prior to date of contract/ (Revised 3/081 •:t { rrr,dnCO BOnd . ..~~ Z vL 2 ACORD~, CERTIFICATE OF LIABILITY INSURANCE 3 ~ 8'" o o'"" PRODUCER phone: 713-490-4600 Fax: 713-490-4700 USI Southwest 8 4 0 Ge s sne r Suite 6 0 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT~ICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND .OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77024 INSURERS AFFORDING COVERAGE NAIL 8 INSURED INSUREaA:Llbert Mutual Fire Insurance 3035 Holloman Corporation;Holloman Engineering, LLC INSURERaACE Pro e t & Casualt Insur 06 L&P Pipeline and Construction, Inc. INSURERC:Libert Insurance Co oration- 2404 333 N. Sam Houston Pkwy. E., Suite 600 Houston TX 77060 IN~RERO:Chartis S ecialt Insurance C 6883 INSURER E: nnv~nwn_~Q THS POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THS INSURED NAMED AHOVS FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BS ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THB POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THS TERMS, EBCLUSION3 AND CONDITIONS OF SUCH POLICIES. AGGRSGATB LIMITS SHOWN MAY HAVE BSBN RSDUCBD BY PAID CLAIMS. POLICYNUYBER POLICYEFFECTNE POLICY6>WIAYNNI LIYIIS A OENERwLLU1BILJTY TB2691451185029 12/31/2009 12/31/2„010 EACH~U~E $1 000 000 / X COMMERCW. GENERAL LIABILITY / PRBNIS' S• oceursnm $ 5 0 0 0 0 O CLAMAS MADE ~ OCCUR i MED EXP (Anyone pe/eon) $ ], Q Q Q Q PERSONAL 8 ADV INJURY S QQQ Q Q Q GENERAL AGGREGATE $ 2 QQQ Q Q Q GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 O O O O O O POLICY PRD• LOC POl ~ C lO O OO A Au roYOeILELUUNLRY 52691451185049 12/31/2009 12/31/2010 ~SEyEpgI~,~LI~ $ 1 o 0 0 o o Q ]( ANV AUTO / / (E• ~~ , , ALL OYYNED AUTOS b BODILY INJURY $ SCHEDULED AUTOS (Perpelson) X HIRED AUTOS BODILY INJURY $ X NON-OYVNEDAUTOS (peteccideirt) X MCS90 PROPERTY DAMAGE (Peraeci0em) $ OARAOELIABILRY AUTOONLY-EAAtX:IDENT $ ANY AUTO OTHERTHAN EAACC $ AUTOONLY: AGG g ExcESSIUYeRELLALUIBM1ITY XOOG24898805 7/1/2009 7/1/2010 EACHOCCURREPIOE $20 000 000 OCCUR ~ CLAIMS MADE ~ AGGREGATE $ 2 Q QQQ Q Q Q DEDUCTIBLE $ RETENTION $ $ (' WORKERiCOYPENSATRNIAND A769D45118501 12/31/2009 12/31/7,.010 X WCSTATU- OTH- EMPLOYERS'LUIYEJiY / / E.L. EACIi ACCH)ENT $ 1 QQQ O Q Q ANY PROPRIETORIPARTNER/EXECUTIVE OFRCERAYEMBER EXCLUDEDT E.L. D19EASE - EA EMPLOYEE S 1 QQQ O O O If~ss deeCn~eunder SPEtrUI PROVISIONS bebw E.L. DI~ASE -POLICY LIMIT $ 1 Q Q D o>r~t CFL6508373 12/31/2009 12/31/2010 oss/Aggregate 3, ooo, 000 E Contractor's Pollution 21674023004 11/10/2QQ9 12/31/2010 lain/Aggregate 2,000,000 Professional DESCRIPTION OF OPERA710NS / LOCATpNB/VEHICLES / EXCLYSpNSADDED BY ENOORSEYENT/ SPECUIL PROVISIONS olicy Information Continued: Insuror F: Federal Insurance Company. Contractor's Equipment policy #6635164 Effective 1/01/09-10 covering owned & rented/leased equipment. Rented and leased equipment is covered on an RCV basis with a aximum limit of $500,000 and a $10,000,000 per occurrence maximum subject to $10,000 deductible. Owned equipment per chedule on file with the company. Certificate holder is provided with Loss Payee statue on the Contractors Equipment olicy when required by written contract. ee Attached... CERTIFICATE NAL.DER CANCELLATIAN:e,.,.e„* ' , n a~.,a f.,,.~ n„* SHOULD ANY OF THE A80VS DESCRIBED POLICIES BH CANCHLLSD BEFORE THS E%PIRATION DATE THEREOF, THB ISSUING INSURER Cit of Co ua Y rP Christi, De artment of P WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THB Engineering Services CERTIFICATE HOLDER NAMED TO THS LEFT, BUT FAILURE TO DO SO Attn: Contract Administrator SHALL IMPOSE NO OBLIGATSON OR LIABILITY OF ANY KIND UPON PO Box 9277 THE INSURER, ITS AGENTS OR RSPRSSENTATIVES. Corpus Christi ~ TX 78469-9277 AUTNORQEDREPRESENTATNE r ACORD 25 (2001!08) p ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pdicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate hoder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does rrot constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmadveiy or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Workers' Compensation includes USL6H, Maritime, Voluntary Compensation, atop Gap Liability and when required by written contract, Alternate Smployere endorsement. Certificate holder is provided with Additional Insured coverage on the General Liability, Automobile Liability and Contractors Pollution policies when required by written contract. Certificate holder is provided with a Waiver of Subrogation on the General Liability, Automobile Liability, Workers Compensation, Contractor's Pollution and Professional Liability policies when required by written contract. General Liability and Auto Liability coverage is primary and non-contributory to other insurance provided to the additional insured when required by written contract. Umbrella Liability is follow form over General Liability, Automobile Liabiity and Workers Compensation policies and includes sudden and accidental (time element) pollution. Named Insured includes: Holloman Northeast LLC. ARE: Mary Rhodes Pipeline Cathodic Protection - Project No. 8679 ub>.rilf- Mutuei cofwl~RCIAL oENEn~L Flo Itnwnnoe coon UABILIIY DECLIIHAT10N8 A eu.~ACCr no. ~a 1, 86 onou PQ1Cr rte. TOICD SAl~80ni1!'E. CODE eALp pNTA7IVE CODE !YA 1R 1 Item 1. Named lrrsurod HoUaoman Holdings Corporatbn end as per EndorsemerN 1 Address 333 Sam Houston Parkway East Suite 800 Houston TX T/OQO The named insved le: Corporation Buskress a named insured is: tJU and Gas Extractlon:ONlGas Reid Svcs, NEC w Item 2. Policy Pedod From 12 31 2409 to 12 31 2010 12:01 A.I~I., standard time at the address a the named Insured as stated heroin. teem 3. In rslum for the payrnart a 1M pnrNisnr. and sutysd ~ alt d the. terms a this policy, ws ague with you to provide the Irwurarroe s• staMd in Nis poggr tuns of wsunANCE EACN OCCINIRENCE LEM'T S 1, 000, 000 DAMAfiE T~0 PREMfiEB RENTED TO YOU LMf - S 500, 000 MI- one p ~lftNCAL E2IPENEE LMAR S 10, 000 Any orre p~pr PERSONAL i AOMEIiT1iN0 NwWRIY DINT S 1, 000.000 Any ens parson or orgaNmtlon OENlRAL ABtiREOATE l.I~T S Z , 000, 000 PROOIlC'1's / t~11PLE'IED OPERA710Ni AfiGREGATE OMIT S T , 000, 000 Deduotble EndofsNnsnt Yes ® Nom TERRORISM RISK NSURANCE ACT ~ S 0 TOTAL ADVANCE PRBNiUM S 107, 787 ~ premium for Ifas poNry is pa~ble s second errMvewa i^ advance. s on first anniversary ry Audit Bests: 1 - At Expl-etion The decMatlons are completed an the schedules designated Oeclaratbns ExOsraion Sdradulea Ttrsee dsclarallorrs, tagetlrsr wNh tfre Corrsrron Pol(cy Conditlons and COV~age Form(s) end arry errdoraernrarrl(s) complete the above numbered po~ctr. Forms and endoreemerNs atf810fred to this policy: Sse attsdred -omts and errdorsamarts schedule ThY palsy, indudh-q a1 errdorewnerrls isw+sd tnrewirh, b h«'~Y eountersiprred by ~ i ~ _ 'N'iLOD' A~ISdp~pMnpalw ia. eoa ryo~e hAOee ~~ ~ rr AYIfa eve Man. err. Pa. M. a nrnw.i a oc aa~otr~ol0 : R , rx s- O ,a2~1-+at,es-o2s flP0 4081 R3 THIS ENDORSEMENT CHANQES THE POLICY. PLEASE READ IT CAREFULLY. 1/WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AaA1NST OTHERS TO US This endorsement modifies insurance provided under the foNowing: / COMMERCIAL GENERAL LIABILITY COVERAGE PART ~+ SCHEDULE Name of Person or Organisation: Any person or org~lzatfon wNh whom you have spread in writing to waive any right of recovery p-br to a loss (If no entry appears above, information requtred to t~mplete this endorsement w~l be shown in the Dedaratlons as appNcabts to thts endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Conditions (Section N - COMMERCW. GENERAL LIABILITY CONDITIONS) is amended by the addi<bn of the foNowing' We waive any rt~t of rbcovary ws may have against the person or organization shown ~ the Scheele above because d payment we make for in)ury or damage arlstng out of your apoklg opsradons ar 'yar work" done under a oontrsct with that person or organme9on and inckrdad h ttls 'prOdurSs-oompleesd operatbns hazard'. This waiver applies orgy to the person a orgentslion shown In the Schedule above. This sndoroement is sxsaded by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Promlum : EAeotlw DaN Fa sthdunerd 1o Po9cy No. AudR Basle Inuad TO IsaUed Expkation Deis TB2-891-451185~OZ9 ~' ~ ~ v / S~RBTMY ' ~ PRBSiDENT b CCUllElnlyned bl- d Sales Ollla and Na End. SaAal No. 9 CG 24 04 19 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL TNSURED / 'This endozsetnent modifies insurance provided under the following. ,/ COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II -WHO IS AN INSURED is amended to indude as as insured any person or organization for whom you have agreed in writing to provide tiabiGry insurance. But: The insurance provided by this amendment t. Applies ody to "bodily injury" or "property damage" arising out of (a) "your work" or ro) premise: or other property owned by or rented ro you; 2 Applies only to coverage and minimum limits of insurance required by the vurinen agrenment, but in no event exceeds tither the awpe of wverage or the limits of instrance provided by this po&ry; and 3. Does not apply to any person or organisation for whom you have procured separate liability insurance wht7e such insurance >s is effect, regacdkas of whether the scope of coverage or limits of insurance of this policy exceed those of such other insuraam or whether such other inauranoe is valid and collectible. The following provisions also apply: 7. Where the appliable written agreement regtti:ea the insured to provide 4ability insurance on a paitnary, excess, contiagenr, or any other basis, this policy wil! apply solely on the basis required by such wtitun agreement and Item 4.Otber Insurance of SECTION N of thin policy will not apply. 2. Where the sppl'table weitten agreement does sot spedfy on what basis the liability insurance volt apply, the provisior~ of Item 4.Other Insurance of SECTION N of this policy sill govern. 3 This eadoraemeat shall sot apply to say person or organization fo: anp "bodily injury" or "property damage" if atry otber additional insured endorsement on Ihia policy applies to that person or organization with regard to the "bodily injury" or ,.penperty damage". 4. If any other sdditiorral insured endoraemertt applies to any person ~ organisation sad you are obligated under a written agreement to provide la-biliry in:nrance oa a pana:y, excess, contingent; or any other basis for that additional insured, thin polity vuiU apply aok]y on the basis required by such written agreement and Item 4.Other Insurance of SECTION N of this policy vnil not apply. regardless of vuhedrer the peraoa or organization has available othts valid and collectible insurance. If the applicable warren agreement doer not spedfy on whit basis the liability iasuraace will apply, the provisions of Item 4. Othe: Itrstrcance of SECTION N of this poGry will govern. This endoesanau is ex«uced bI the LIBERTY MUTUAL FIRE INSURANCE COMPANY Prareum f Ef'teetive Date Foc sttad~mrnt to Poky No. Audit Haw Isnud To Eapisation Dsoe ~. T82-691-45YI85-~29 iT iTJ~_'/ SPL'RiS1'Ail~ t,quetno~fad by tBtLld Sties Of6u artd Na ~/ C7 t'aBSIDFM 11u 1~` Enid Seal No. 22 LN ZO 0106 05 _ / Mti~. b BUSINESS AUTO DECLARATIONS t16ERTY MUTUAL INSURANCE GROUP/80STON Liberty Mutual Fire Insurance Co. 175 BERKELEY STREET ~~ 02117 -451185-049 19~ 7 I ~5~~ ~ OC~98 B~s}Spp P~SENTATI~NE 100 gg~ ~ ~STYR a aooa ITEM ONE Hollomon Holdings co ration ~ ~~ S33 3ampHoust~orsemenuE 1 MailingAddrr96 Houston, TX 77060 E, Suite 600 p~Named instued ~ Co oration and o nor business is * *see Helow 12:Oi AP~NA~Star~nd Tm~e aR tlaieOOad~ of tliau ntlrned01ir~red indicated in !tern One. ITEM TWO -ATTACHED IMMEDIATELY AFTER THIS PAGE **Oil and Gas Extraction: oil/Gas Field Svcs, NEC S~ g~ A ~ I $164.00 Thb Polity b oounts<sipnsd by ourAullwrined Reprasenfatlve S ~~~ I $107, 69a ENDORSEIYENT PREMMIM 'ESTIMATED TOTAL PREMIUM ! $107, 692 '~ PAY m+qr be s~Ject to final audit 9y AUTHORQED REPRESENTATIVE ~wk ~o Reaeval of : o~-u; asuEO ~uorr 'worsr~as ~ ~ Rio 663 asa-691-451185-048 oz/17/~oio s~ H 1 HC Yes Yes N* 12,00 IrKludes CopyrigNled matalal d Insurance Services CMflce, vMh i!s peimiseip~ GP03233 R3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED Th/is endorsement modilles Insurance provided under the following: ~ BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wih rasped to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identiRss person(s) or organaation(s) who are "x~surads' under the Who h M Insurod Provi- sbn of the- Cownge Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or My person or organization whom you bare agreed h wrtlng to add as an addMional insured but only to coverage and minimum limb of ~surance roelui+ed by the writer agraemerK. and in no evert to exceed either the scope of coverage or the limb of inwrance provided in this policy, (If mo entry appears abors. information roquied to complete this endorsement wit be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an 'insured' 1br UabitRy Coverage. but only to the extent that person or organaa9on qual0ies as an 'insurod' under the Who b M Inwrod Provision contained in Secfjom N of the Coverage Form. Policy No: AS2-691-451185-049 ~ Issued gy: Liberty Mutual Fire Insurance Co. Effective Date: 12/31/2009 Expiration Date: 12/31/2010 Sales OllSce: 0198 mndt Serial No: 2 CA 20 48 02 99 Copyright. Insurance Services Office, inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY ~ WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies assurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form Motor Carrier Coverage Form Premium: IxcL SCHEDULE Name of Person or OrOanialbn: Any person or organisation for whom you perform work under a written contrail ~ the contract requires you to obtan this agreement from us. but only iFthe contract is executed prior to the iryury or damage occurring. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condlion is amended by the addiiion of the following: We waive any right of rocowry we may have agairat the person or organsation shown i~ the Schedule above because of payments rue make for injury or damage arising out of your operafions of a covered auk done under contract with that person or organizaden, This waiver applies oriy to the person or organsation shown ~ the Schedule above. Policy No: AS2-691-451185-049 Efhctlve Date: 1x/31/2009 Expkation Date: 1x/31/solo Sales Office: o19e AX1210020SB Issued By: Liberty Nhitual Fire 2neurance Co. Fndt Serial No: 16 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~d NOTICE OF CANCELLATION Ne will not cancel this policy or make changes that reduce the insurance afforded by this polity until written notice of cancellation or reduction has been mailed or delivered to those schedu]ed below at least a) 10 days before the effective date of cancellation, if eve cancel for non-payment of premium; or j b) 3~ days before the effective date of the cancellation or reduction if we cancel or reduce dte insurance afforded !!/ by this policy for any oilier reason. NAME ADDRESS City of Corpus Christi P.O Boa 9277 d' Department of Engineering Services Corpus Christi, TX 78469-9277 This endorsement is executed by the Premitun S EKective Date 3/18/2010 Expiration Date 12/31/2010 For attachment to Polity No. WA7-69D-451185-019 Audit Basis Issued To Holloman Corporation 333 N. Sam Houston Pkwy. E Suite #600 Houston, TX 77060 Cuuntcrsignedby.......~ ...................... ...........~L~~.~........... Authorized Representative Issued Sales Office and No. Ead. Serial No. WC 99 03 04 (9-1-87)