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HomeMy WebLinkAboutC2010-542 - 11/16/2010 - ApprovedPROJECT NO: 7455 I S P E C I A L P R O V I S I C S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D Gin -Spen F O R B O N D S WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM COYM, REHMET & GUTIERREZ ENGINEERING, L.P. TBPE Firm Reg. No. F -388 5656 S. Staples Street, Suite 230 Corpus Christi, Texas 78411 Phone: 361/991 -8550 Fax: 361/993 -7569 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857 -1800 Fax: 361/826 -1715 CITY OF CORPUS N CHRISTI TEXAS WASTEWATER AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 IDRAWING NO: STL 188 I * 1 • .* f 5* i JOSEPH DON REHMET s d . I '4' 36.151 .��� 2010 -542. M2010 -284 11/16/10 (Revised 7/5/00) WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -- A (Revised May 2009) Insurance Requirements NOTICE TO CONTRACTORS B (Revised August 2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Office NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption NOT USED A -26 Supplemental. Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A- 31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Water Facilities Special Requirements NOT USED A -36 Other Submittals (Revised 9/18/00) A 37-- Amen -dod "Arrangement and Charge for Water Furnished by the City" NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A39 Certificate of Occupancy and Final Acceptance NOT USED A -40 Amendment to Section B- -8--6: Partial Estimates TOC - 1/4 A '11 Ozonic Advisory NOT USED A -92 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) NOT USED A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend-"Maintenance Guaranty" (8/24/00) A -50 Lump Sum Sid A -51 Dewatering /Well Pointing A -52 Allowance A -53 Amended "Prosecution and Progress" A -54 Mobilization Bid Item A -55 Pumping Bypass Plan and Operations A -56 Geotechnical Report PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS SECTION 01011 Equipment Documentation Requirements DIVISION 2 -- SITEWORK SECTION 021020 Site Clearing and Stripping SECTION 021040 Site Grading SECTION 022020 Excavation & Backfill for Utilities and Sewers SECTION 022022 Trench Safety for Excavations SECTION 022100 Select Material SECTION 025612 Concrete Sidewalks & Driveways SECTION 025802 Temporary Traffic Controls During Construction SECTION 026202 Hydrostatic Testing of Pressure System SECTION 026206 Ductile Iron Pipes & Fittings SECTION 026210 PVC Pipe - AWWA C900 & C905 SECTION 026602 Installation of Sanitary Sewer Force Main SECTION 027203 Vacuum Testing of Sanitary Sewer Manhole & Structures SECTION 027602 Gravity Sanitary Sewers SECTION 027604 Disposal of Waste From Sanitary Sewer Cleaning Operations DIVISION 3 - CONCRETE SECTION 030020 SECTION 032020 SECTION 037040 SECTION 038000 DIVISION 5 - METALS Portland Cement Concrete Reinforcing Steel Epoxy Compounds Concrete Structures SECTION 055420 Frames, Grates, Rings & Covers PART T — TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS SECTION 010010 SECTION 010100 SECTION 013010 SECTION 016510 General Construction Requirements Construction Sequence Items Contractor's Submittals Testing and Startup DIVISION 2 -W SITE WORK SECTION 02134 Bank Sand Bedding and Backfill SECTION 022410 StormWater Pollution Prevention SECTION 028020 Cement Stabilized Sand SECTION 028040 Sodding DIVISION 11 — EQUIPMENT SECTION 113140 Soil Bed Biofilter Odor Control System SECTION 113200 Fiberglass Reinforced Plastic Junction Box Structure DIVISION 15 — MECHANICAL SECTION 15892 Fiberglass Reinforced Plastic Duct and Dampers DIVISION 16 — ELECTRICAL SECTION 160100 SECTION 164020 LIST OF DRAWINGS Electrical General Requirements Electrical Wiring Systems SHEET DESCRIPTION 1. Title Sheet 2. Estimated Quantities, Abbreviations and'General Notes 3. Base Maps 4. Lift Station Existing Site Plan and Demolition Plan 5. Lift Station Site Plan 6. Tie -In to Existing Junction Structure Plan and Profile 7. 24" Force Main Plan and Profile 8. Tie -In To Proposed 10' Dia. FRP Junction Structure. Details 9. Site Work Details Sheet 1 10. Site Work Details Sheet 2 11. Odor Control Blower and Treatment Bed Details 12. Temporary By -Pass Plan 13. Fence Details 14. -18. Traffic Control Details 19. Lift Station Electrical Site Plan 20. Lift Station Electrical Building Plan 21. Electrical Details and Schedules TOC - 3/4 APPENDIX -Subsurface Investigation, Laboratory Testing Program and Geotechnical Recommendations For The Proposed Tie -In Structure, Approximately 25 To 30 -Feet In Depth At The Wooldridge Road Lift Station For The 24 -1nch Buckingham Force Main, Rock Engineering and Testing Laboratory Inc., January 19, 2010. 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: WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE-IN' AND ODOR CONTROL SYSTEM PROJECT NO. 7455; this project consists of a new 10' diameter FRP tie -in structure constructed over 2 - 36" diameter gravity sewers, 95 l.f. of 24" PVC force main, new soil bed biofilter odor control system, 530 1.f. of 8 ", 10" and 16" FRP air duct piping, 190 1.f. of 8" PVC drain line, concrete pavement, fence replacement and bypassing of lift station, all in accordance with the plans, specifications and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 06, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 02 :00 p.m., Wednesday, September 29, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof following amounts is required: coverage in the TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground. Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT . AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL.•IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED _ . ■ NOT REQUIRED Page 1 of 2 ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section 3-6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Pagel ofll Texas Administrative Code TIT LE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the. Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). - (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a. certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure I for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: 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 repot Ling 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 rte+ (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor:, (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension Of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (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 (B) 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 §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.11a(d)(7) 'REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certif Cate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC 82, TWCC -83, or TWCC 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor", in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery 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 certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; - (2) provide to the contractor, prior to that person beginning workon the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division ofSelf- 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 WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. Wednesday, October 6, 2010. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - WOOLDRIGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, September 29, 2010 beginning at 2:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include a discussion of the project elements. if requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of. the .General Provisions will govern. A-3 Description of Project WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455; this project consists of a new 10' diameter .FRP tie -in structure constructed over 2 - 36" diameter gravity sewers, 95 1.f. of 24" PVC force main, new soil bed biofilter odor control system, 530 1.f. of 8 ", 10" and 16" FRP airduct piping, 190 l.f. of 8" PVC drain line, concrete pavement, fence replacement and bypassing of lift station, all in accordance with the plans, specifications and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 27 A -4 Method of Award The bids will be evaluated based on the following, subject to the availability of funding: • Total. Base Bid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National. Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet the deadline for completion of construction shown below. The working time for completion of the Project will be 150 calendar days. In the event that the scope of work is revised by authorized and executed Change Orders in conjunction with the base bid, the working time for completion of the project will be adjusted by the Change Orders as required. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January February March April 3 Days 3 Days 2 Days 3 Days May 4 Days June 4 Days July 3 Days August 4 Days September October November December 7 Days 4 Days 3 Days 3 Days The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per calendar day will be Section A - SP (Revised 12/15/04) Page 2 of 27 assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimate the amount of liquidated damages due the City. .A -7 Workers Compensation Insurance Coverage If the Contractor's workers, compensation insurance coverage for its employees working on the Project is terminated or canceled for. any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor. employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non- receipt, could have an adverse effect when determining the lowest responsible bidder. A -].0 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY CONSTRUCTION. In cape of conflict, 7" Contractor shall use higher wagc rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Section A - SP (Revised 12/15/04) Page 3 of 27 Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (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 on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B-7 -6, Working Hours . ) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess 1-800-344-8377, the Lone Star Notification Company at 1 -800- 669 -8344, and Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer J. Don Rehmet, P.E., R.P.L.S. Coym, Rehmet & Gutierrez Engineering, L.P. 5656 S. Staples, Ste 230 Corpus Christi, Texas 78411 Phone: (361) 991 -8550 Fax: (361) 993 -7569 Email: donr @crgei.com Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P /CPL Nueces Electrical Cooperative At &T /CP&L City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) 826 -3500 991 -8550 826 -3540 886 -2600 826 -1880 826 -1800 826 -6900 826 -1888 826 -3461 826 -2489 1 -877- 373 -4858 (826 -1888 after hours) (826 -1818 after hours) (885-6913 after hours) (826 -1888 after hours) 387 -2581 881 -2511 826 -1946 857. -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 (1 -800- 632 -9288, after hours) (1- 800 - 824 -4424, after hours) 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) • Section A - SP (Revised 12/15/04) Page 4 of 27 Brooks Fiber Optic (MAN) Regional Transportation Authority Corpus Christi ISD U.S. Postal Service TxDOT Area Office A -12 Maintenance of Services 972- 753 -4355 289 -2712 886 -9005 886 -2216 808 -2384 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the, construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e_ broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or Plumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All ceots fe traffic control arc considered cubcidiary; therefore, no direct payment will be made to Contractor. -. Section A - SP (Revieed 12/15/04) Page 5 of 27 A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind filled with "clean" dirt. providing a good growth of dirt must be free of debris, detracts from its appearance curbs and adjacent to sidewalks and driveways must be "Clean" dirt is defined as dirt that is capable of grass when applied with seed /sod and fertilizer: The caliche, asphalt, concrete and any other material that or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field. Office (NOT USED). The Contractor must furnish the City Engineer or his representative with a field wired by the A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on Calendar 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. Section A - SP (Revised 12/15/04) Page 6 of 27 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 for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence,'and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining .public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the Consultant Project Engineer 48 hours notice so that alternate control points can be established by the Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the Consultant Project Engineer at the expense of the. Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly.execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to Section A - SP (Revised 12/15/04) Page 7 of 27 the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Marty independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third arty Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Ctrccts:. • Curb and gutter flow line both oidco of otrcct on a 200' interval; Wastewater: • All rim /invert elevations at manholes and junction structure; • All intersecting lines in manholes; • Casing clevationa (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valvco box; • valves vaulto rim; £tormwatcr: • All rim /invcrt cicvationo at manholca; • All intersecting linco in manholes; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory 'selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must furnish and install 1 Project sign as indicated on the following drawings. (Attachment I) The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/04) Page 8 of 27 A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or .joint venture as herein identified as providing work, Tabor, 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) (b) (c) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. 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). 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 as the case may be, must be entitled to receive 51.0% the total profits, bonuses, dividends, interest commissions, consulting fees, rents, procurement, and enterprise, or more of payments, subcontract Section A - SP (Revised 12/15/04) Page 9 of 27 payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the- - Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. Section A - SP (Revised 12/15/04) Page 10 of 27 A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is.certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed- in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) following oubotituted in lieu thereof. do not qualify for cxcmptiono of Salco, Excise, and U2c Taxco unless thc Contractor elects to operate under a ocparatcd contract as defined by Ecction 3.291 of Chapter 3, Tax Administration of Title 34, Public Fieancc of the Texas Administrative Code, or ouch other rule or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If thc Contractor ciccto to operate under a ocparatcd contract, he shall: Section A - SP (Revised 12 /25/04) Page 11 of 27 3. Provide rc3alc ccrtifi atca to oupplicro. value of matcrialo. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the .signed endorsements; or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Section A - SP (Revised 12/15/04) Page 12 of 27 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1 Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding- unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation T" why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: Section A - SP (Revised 12/15/04) Page 13 of 27 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, hut not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent must demonstrate experience of not less than three (3) successfully completed projects which include large- diameter (8' or greater) FRP wet wells or FRP structures and deep sanitary sewers and manholes. The superintendent shall be present, is being performed. 2. Foremen, if utilized, shall have at similar work as described in A -29(1) superintendent. on the job site, at all times that work least five (5) years recent experience in and be subordinate to the Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended °Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information:. 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that along with a description of the work and substantiation, either through appropriate will participate in the Contract, dollar amount for each firm; and certifications by federal agencies Section A - SP (Revised 12/15/04) Page 14 of 27 or signed affidavits from the MBE firms, that such MBE firms meet the 'guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders, which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A - SP' (Revised 12/15/04) Page 15 of 27 A -32 Amended "Execution of Contract" Requirements Under "General Provisions. and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself completion of the Project. Failure obligation to carry out the provisions attend the Pre -Bid Meeting referred to fully with the conditions relating to the to do so will not excuse a bidder of his of this Contract. Contractor is reminded to in Special Provision A -].. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for .Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his valid and certifying their prior attendance at a Visitor /Contractor Pcr onncl. Z Visitor /Contractor Safetyr Orientation Program will be any City water facility. For additional information refer to Attachment The Contractor ohall not start, operate, or atop any pump, motor, valve, equipment, switch, breaker, eentrol, or any other item- related to City Department. Section A - SP (Revised 12/15/04) Page 16 of 27 C. Protection of Water Quality protcct thc quality of thc watcr. D. Conformity with MTSI /NCF Standard 61 All materials and equipmcnt uccd in the repair, r aoocmbly, tran3portation, rcinotallation, and inspection of pumps, or any other items, which could come into'contact with potable watcr, must conform to (ANSI /NCF) Ctandard 61 as dcocribcd in the Standard Epccifi ationo. Such mateltialo iacludc all aolvento, cicancra, lubri ants, gaokcto, thread compouada, coatings, or hydraulic equipment. Theoc itcmo must not be uocd unlcae they conform with ANSI /NSF Standard 61 and unless ouch prior to use. ANSI /NSF Standard 61 approval fer all materials which could come into contact with potable watcr. subcontractors, must bc contained at all times at thc watcr facility orangc, blue, or whitc. Each cmploycc uniform must provide company name and individual employee identification. C. Contractor aha11 providc telephones for Contractor personnel. rlant H. Werking hour3 will bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor mu3t not uac any City facility rcatrooma. Contractor mutt providc own sanitary facilities. labeled with company name. No privatc cmploycc vchicica arc allowed at O. N. Btcvcao Watcr Treatment Plant. All personnel must be in company vchicico. During working hours, contractor cmploycco must not have thc dcsignatcd construction arm no wandcr through any building-3 othcr than for rcgaircd work or as directed by City Watcr Department personnel during emergency evacuation. K. Contractor Qualification CCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Section A - SP (Revised 12/15/04) Page 17 of 27 Includes, but is not limited to, modifications, additions, changes, S. complexity ao rcquircd in this Contract on at 1 act thrcc prior projects— for at lest 5 y a.rs. 5. Iic employs peroonncl on this rrojcct who havc auccco,sfully b. implementing thc opecific computero, RTUS L3 , and software facility within 400 miles of thc Project oitc to maintain, 7. Fie =a13— €u nish cquipment which is thc preduet— e.f' —eixe manufacturer to the maximum practical cxtcnt. Where thin is not practical, all equipment of a given typc will be the product of one manufacturer. 8. rrior performancc at the 0. N. Stevens Watcr Treatmcxt Plant will be used in cvaluating which Contractor or bcontraetor programs rcquircd to show thc programming as nccdcd and rcquircd, to add an cx_amplc of thc rcquircd programming blocks which thc City rcquirco to be filled in and given to thc City Engineer with all L. Trcnching Rcquircmcnto shall be performed using a backhoc or hand digging due to thc number of on the project. Section A - SP (Revised 12/15/04) Page 18 of 27 A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate,' on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, . models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g• Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site Section A - SP (Revised 12/15/04) Page 19 of 27 test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B," are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceytance NOT USED final acceptance of thc izaprovcmcntc undcr Ccneral Provision B 8 9. A -40 Amendment to Section B -8 -6: Partial Estimates. General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides' the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 11 Osonc Advisory NOT USED Contractor about ozonc alcrt. If a delay such ao this is expericnccd, thc day will not be countcd as a calcndar day. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and- the following is substituted in lieu thereof: Section A - SP (Revised 12/15/04) Page 20 of 27 The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the_, contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (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-4& Disposal of Highly Chlorinated Water (7/5/00) NOT USED Thc Contractor shall bc rcoponaiblc for the disposal of water uocd for testing, particularly high levels of chlorine, will bc used for dioiafcction, and may exceed thc permissible limits for discharge into wetlands or environmentally acnaitivc ar as. These arc regulated by numerous agencies such as TCEQ, DpA, ctc. It will bo thc Contractor's responsibility to comply with thc rcquircmcnta of all regulatory agencies in thc disposal of all water used in thc project. Thc methods of disposal shall bc submitted to thc City for approval. There shall bc no separate pay for Section A - SP (Revised 12/15/04) Page 21 of 27 A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum 0.c. For determining, the elevation of the two 36" dia. influent lines at the location of the new FRP junction structure, between the Wooldridge Road manhole and the lift station, the Contractor shall determine the elevation of the invert of the Wooldridge Road manhole and the invert of the influent line in the lift station wet well and interpolate between the two. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for as indicated in the Proposal lump sum base bid. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others may not be. 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. Section A - SP (Revised 12/15/04) Page 22 of 27 A -49 Amended "Maintenance Guaranty" (8/24/00) under "General Provisions and Requirements for Municipal 8 -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, benefit the City of Corpus Christi. Neither the guarantee period will operate to reduce, or remedies available to the City of Corpus of action against the Contractor or any other A -50 Lump Sum Bid Construction Contracts ", additional remedy available to the guarantee nor expiration of release, or relinquish any rights Christi for any claims or causes individual or entity." The Total Base Bid shall be considered a lump sum bid for the Project. The breakdown of work items and, in some cases, the quantities shown on the Proposal Form are to be considered approximate. The costs shown for each item will be used for bid analysis, and for the successful bidder, will be utilized for partial pay estimates calculations. Omissions of quantities or items on the Proposal Form which are shown on the Plans and Specifications shall not be cause for additional reimbursement or invalidation of the lump sum total base bid. The Proposal Form contains a $20,000 item as an allowance for "Unanticipated Adjustments." This amount will be added into the total base bid, however, the amount or a portion thereof will be utilized only for unanticipated work and only with the authorization of the Director of Engineering Services. Include the cost of any ancillary items in the cost of the Proposal item of which it is a part. A -51 Dewatering /Well Pointing This item is considered subsidiary to the appropriate bid items or, if shown in the `Proposal', shall be measured by the linear feet of well point header pipe installed around the perimeter of the excavation where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a stable foundation for the proposed improvements. Storm water that enters the excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manhole berm(s) prior to entering the storm water system. Sheet flow and ponding is required to allow solids screening and /or settling prior to entering the storm water system. Storm water or groundwater shall not be discharged to private property. Should well pointing be required, payment will be made at the contract unit price for well pointing as listed in the `Proposal'. Payment will be made at the unit price for linear foot of header pipe installed. Payment shall be full compensation for all labor, materials, tolls and incidentals necessary to complete the installation operation and removal of the well point system. It is the intent that the Contractor discharge groundwater primarily into the existing storm water system in accordance with City Ordinance, Article XVI, Section 55 -203, only if the groundwater is uncontaminated and the quality of the ground water is equal to or better than the quality of the receiving stream. Laboratory analysis of groundwater and receiving water quality_is to be performed by the Contractor at the Contractor's expense, prior to commencing discharge, and groundwater analysis shall be performed by the Contractor a minimum of once per week. Contractor shall coordinate with the City Storm Water Department on all Section A - SP (Revised 12/15/04) Page 23 of 27 laboratory analysis. Laboratory analysis of ground water shall also be performed at each new area of construction prior to discharge from that location. Sample containers, holding times, preservation methods, and analytical methods, shall either follow the requirements in 40 CFR Part 136 (as amended), or the latest edition of "Standard Methods for the Examination of Water and Wastewater". Any laboratory providing analysis must be accredited or certified by the Texas Commission on Environmental Quality according to Title 30 Texas Administrative Code (30 TAC) Chapters 25 for the matrices, and parameters of analysis, if available, or be exempt according to 30 TAC 525.6. Discharge to Storm Water System. There shall be no discharge of g groundwater to the storm water system without authorization from the Storm Water Department. Contractor shall contact Danielle Converse at 826 -1609 or Danielle @cctexas.com to obtain authorization to discharge. Authorization approval will include review of laboratory analysis of the ground. water and receiving water qualities as well as estimated flow data. A storm water pollution prevention plan or pollution control plan shall be developed and implemented prior to any groundwater discharge to the storm water system. The plan's objectives are to limit erosion and scour of the storm water system, minimize Total Suspended Solids (TSS) and other pollutants, and prevent any damage to the storm water system. Note that groundwater discharges must cease immediately upon the first recognition of contamination, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the storm water system, the responsible party shall remediate any damage to the Storm Water Department and /or any State or. Federal Regulatory Agency. Discharge to Wastewater System. In the event that groundwater doe not equal or exceed the receiving water quality, an alternative disposal option would include pumping to the nearest sanitary sewer system. Discharge to the sanitary sewer system requires a permit from the wastewater Department. If 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. Contractor shall contact Tilo Schmidt at 826 -1817 or tilos@cctexas.com to obtain a Wastewater 'Discharge Permit Application for authorization to discharge to the sanitary sewer. Authorization approval will include review of laboratory analysis of the ground water and estimated flow data. Note that groundwater discharges must cease immediately upon the first recognition of contamination, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the wastewater collection system or wastewater overflows, the responsible party shall remediate any damage to the wastewater collection system and the environment to the satisfaction of the Wastewater. Department and /or any State or Federal Regulatory Agency. A -52 Allowance The item included in the Base Bid items described as "Allowance For Unanticipated Adjustments- has been set as noted and shall be included in the Total Base Bid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of existing or planned improvements or heretofore unknown structure or similar situation warrant the use of the allowance funds. Should the use of funds from the allowance become necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor. There is no guarantee that any of these funds will be needed to be used throughout the course of the work. Section A - SP (Revised 12/15/04) Page 24 of 27 A -53 Amended "Prosecution and Progress" Under `General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the 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 -54 Mobilization Bid Item The •Mobilization Bid Item shall include mobilization and demobilization and shall not be greater than 8% of the total base bid. 75% of the item shall be paid upon mobilization and 25% will be paid upon completion of the project. A -55 Pumping Bypass Plan And Operations a. General: Contractor shall provide a minimum of 72 hour notice to the Wastewater Dept. for the startup of bypass operations once the completed bypass plan (as delineated in a subsequent paragraph of this item) has been approved by the design engineer. The contractor shall consider and be responsible for the effects on the collection system area both upstream and downstream of the bypass. Upstream effects include, but are not limited to backups and overflows. Downstream effects include, but are not limited to surcharges and overflows. Contractor is completely responsible for providing, installing, operating, and maintaining a pumping and flow control bypass system. Contractor shall neither anticipate nor expect any assistance from the City of Corpus Christi departments for any of the bypass operation. Some locations require multiple bypass systems. If bypass system is provided with air release valves the valve drains shall be piped to a manhole for discharge. Contractor shall make all effort to minimize spills of raw wastewater during the improvements and bypassing. All spills and sanitary sewer overflows shall immediately be reported to the City at 361- 826 -2489 and contractor shall be solely responsible for clean -up of said spillages or overflows at no additional cost to the City of Corpus Christi. Contractor can work extended hours to perform the improvements during the bypass operation. Work during extended hours cannot create a nuisance for the neighbors. Once the lift station is taken out of service and bypass operations begun work shall be continuous on the lift station improvements until all improvements are completed and the lift station returned to service. b. Bypass Pump: Pumping capacity of the bypass pump shall be capable of handling the flow conditions at all times and shall be a minimum of 1.5 times the proposed pump capacity. Pumps shall be diesel operated, self- priming, auto- starting pumps (Godwin, Rain - for -Rent; or approved equal). Pumps shall be equipped with critically silenced, sound attenuated enclosures with a maximum 65 dB (10-feet from pump) and a diesel day tank with a minimum 24 -hour runtime without refuel. c. Inclement Weather: Contractor shall not be allowed to commence bypass operation should inclement weather be forecast for the period of the scheduled improvements. d. Bypass Operations: Section A - SP (Revised 12/15/04) Page 25 of 27 1) Before beginning bypass operations, the consultant engineer /City /operating department is responsible for field verification of pumps, piping, and equipment, etc., matching approved submittal specification and performance levels. 2) Contractor is responsible for operation and maintenance of the bypass pumping system and fuel for the system. 3) Before beginning bypass, operations contractor shall provide emergency contact info /cell phone number of bypass operators /monitors, project superintendent and pump supplier. 4) Once the bypass plan is approved and 72 hours prior to initiation of the bypass the contractor is responsible for setting up a meeting between the consultant engineer /City /operating department to affirm the approved bypass plan and verify the site installation conforms to the approved plan. 5) No bypassing shall be initiated on Friday through Monday, or the day immediately following or preceding a City holiday. 6) The City is permitted through the Texas Commission on Environmental Quality to operate the wastewater system. The final authority comes from the City as to the operation of the wastewater system and as such it reserves the right to halt the bypassing operation at any time in order to maintain public health and safety. e. Bypass Plan: It shall be the contractor's responsibility to submit, in writing, a bypass pumping system plan prior to the installation of any bypass pumping system proposed for use. The approval protocol is as follows: The contractor prepares and submits the plan to the Engineer. The Engineer reviews the bypass plan and coordinates approval with Engineering Services and the operating department. At a minimum the bypass plan should include the following items: 1) Size, type, and rating or pumps. 2) Size and type of inlet and discharge piping. 3) Approximate location (schematic) of bypass pumping components. 4) General arrangement /type of additional support equipment. 5) Contractor personnel list of those manning the bypass system 24 hours per day. 6) Traffic Control Plan if the bypass is within the right -of -way. 7) Decant location. 8) Handling of flows: Contractor is responsible to assure that the wastewater collection system is not compromised during the period in which the lift station has been shut off for bypass installation, and contractor shall insure that the system operates properly during this period. A -56 Geotechnical Report A geotechnical report entitled "Subsurface Investigation, Laboratory Testing Program and Geotechnical Recommendations For The Proposed Tie -In Structure, Approximately 25 To 30-Feet In Depth At The.Wooldridge Road Lift Station For The 24 -Inch Buckingham Force 'Main, Rock Engineering and Testing Laboratory Inc., January 19, 2010". Section A - 5P (Revised 12 /15/04) Page 26 of 27 SUBMITTAL TRANSMITTAL FORM PROJECT: WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 OWNER: CITY OF CORPUS CHRISTI ENGINEER: COYM, REHMET & GUTIERREZ ENGINEERING, L.P. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 27 of 27 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 16TH day of NOVEMBER, 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 Gin -S en Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $841,564.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO.7455 (TOTAL BASE BID: $841,564.00) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jtin -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General. Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary Asst. City Attorney ATTEST: (If Corporation) Arnan (Seal Below) (Mote: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRI By: Juan Perales, J .,P.E Assistant City anager Engineering /Development Services Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Gin -Span, Inc. By: Title • 'V 1`• EJt C1{ 780 W . KENNEDALE PKWY. (Address) KENNEDALE, TX 76060 (City) (State)(ZIP) 817/478 -1119 * 817/483 -0899 (Phone) (Fax) azjio (Lai. AUTHORIZED sr Page 3 of 3 Rev. Jun -2010 T OOLDRTDGZ ROB LIST STATIO1:. 2 4 "VOCE . MIN TEE N AND . 'ODOR: ..CONT.PPL .S STEM PRO, CT NO. .7:455 CITY OF CORPUS UktRISTIr •'PE} AS. Proposal Farm Pops of 13 rr� MI.. P R 0 P 0 Z L }ate:' /. 1 Proposa3.• of a ..--, — 10 . a Corpora on organized and existing under .' the laws Of the State •o of 8-2/0-.1-:;---1 OR partnereh p or Individual doing business, as TO The City of Corpus. Ch ist i ;Terms otw- The undersigned hereby proposes to furnish all labor and materials, tools, and -necessary _equipment, and to perform the work required for; WCb4I Gg Po= z rr gTATION A" .29zacz '1` E i >t3Dt3R CO1 OIa sxsvald plans . and spebitcatQns and. in etxct . at the.:locatio� s set but by the .P accordance with the contract documents for the follewifig prices, to- wit I ,"" tais FroPOza m Eke -2 of 13 1.10011DRIDGS. ROAD LIFT STATION 24" FORCE MAIN /E-N zin ODOR CONTROL SYSTEM •VROJEoT NO. 7455 EASE SID naglinill1111111111111111111MM1 TOTAL ITEM; A. • QTY UNIT DESCRIPTION UNIT: :PRICE SIT VSEPAIIMON AND. N1RJ CONDITIONS Al Mobilization apd Demobilization accordance with the Plans and Specifications, complete and in place per luMp sum. Demolition items, in a6coda.pc .14th the Plans - and -Specif'.14ationsi cOtitPlete andir place per lump $ Removal of Existing Mace, in.,accordan..0 with the Plani . and Specifi,Cationsr. cOinplete • and in. place .pet 1MP .suth• L.S. • 410 A6 1 L. S. Area • '."Cieating -and .:$triP14ng,.! in • accordance . and SpcjfiC&tr ..cPliiPletO • and: In p1ac per 111111R Storm !Rater lacilution tTventioriL in accordance with the Plabs:464 • . .Speci iCatidns; coMp 1 t.e. and puce per Igrrip • traffic Controi . ties:Sures, in accordance with the :2.1a"14 and SpecifiCatioris,. COraplete and in Place per 1.utn utri. 1 ZVprm Page, 3 tif 13 OC.4Xe) A 0 • -4 -I.. • • WOOLDRIDGE ROAD LIFT. sT 1:TiON 24" FORCE MAIN TIE -IN. AND ODOR CONTROX S PROTECT NO 7455 D SCRIPTIot'i sin PRRF iR TIO$ . AND GENERAL CONDITIONS (COW' D) Explor tory Excavations, in cardan; wh the Plans and .Spec ficatiens complete and in. place lump uni Allowance For Unanticipated 2.dj ustments in accordance with :the Plans acid Spec1:f1Cations.r: c snp1ete and in place per..Luzikp Temporary Site renting, Security/ in accordance with the .Plans and Spec.ficat1Dfio.,; complete and in plate per 1urp sum. $104 0,1f06,1 I, L 1. L. S 10'. Dia.. FRP junction Structure, in accordance with the .Plans and Specifications, complete and in place: per limp sum. Odor:Contr.ol System:„ Ii/BiOWers: Media p.od, Ei.e'Ct al, dater Pipir , nito1d Piping, FRP Air Disalarge. ip�:nci., Vals ve, in accor afce .with .the Plafls acid :Specifieati ons,: car plete and. in place per lump swift. OCT- 3 •=-EQi? 2: 43P FRi7M I: AMTEK. - �.x 7139565340 TO: 2•817863E08 WO LDRIDG ROM LU i` ..S.TATION 2V" FORCE MAIN TIE-IN..A D CDoR.0 i" ONTRQL S PROJECT. NO 7455 BASE 13113 . r ITEM QTY it UNIT III pEscni TION v TOTAL- - SITE PREPARATION .ANA GNEtr CONDITIONS Exploratory., Exeavat:ions, accordance : :With the; P:Ians and Specifications, complete and in pia,ce dump sum. Allowance . For Unanticipated Adjustments_, :accOrdaiiee with :the Plans .,arLd Sped. f icat Dns, c p ete' .and . in place per 1 p.sums. Temporary; . Site . ,Fencing, Security, in accordance with the . Plans. and Specif cat ons.r compl'ete. and in place ;Per lump sum. 10'. pia. VRP , unctiCn Structure, in accor dance .w.h the Plans and Specif .:at .ons, complete and in place per lump.sum> Olox _Control - System.. -col/Blowers, . media B:ed, Electrical; Water ..piping, Manifold d Piping, FRP Air Discharge Piping, Valves, in accordance with the Plans and Specifications, complete . and in place per lump sum. Propgaal £off Page 4 at. 13 .00T-1-.201.0 02:13P 71395E5340 TO:231786120 WOOLDRIDGE. ROAD LIFT STATION 24." FORCE IN TTE-fl i AND ODOR CONTROL sxsirgx - PROJECT NO, 7389. EASE _SID P.5/13 QTY .64-,UKT DESCRIPTION Trench Safety; .in accordance with the Plans. arid Specificationa, cotaraete and in place :per lump Dewateringr in accordance with the Plans and specificationsr complete and in place per lump sum- BY:Pass OPerationt in accordance with the plalis and Specificaions, comPlete and in place per lump sum. 24° PVC, C-905, DR 18 Force Mai /Fittingth s, in na and 95 .lorlorWciance wi the a L.F. Specifications, comPlete- and in place pet linear loot. S'' FRP /kir Duct Piping WiFittingsi in acctrdance with the Plans and SPecificatIons, comPlete and .th1C per linear foot, OCT -3 -E910. OE :13P FROM: HMTEK rw 1-I 7239565340. TO 281786323E WC OL 7RIDGE•. ROAD T FT: STATION 24'4 FORCE TOLIN TIE -IN' AND ODOR CONTROL .SYSTEM ?R CT NO 165 . BASE BID Er' 13 .. i3ESCR P ION 125 10' `RP Air Duct Papa nc , WiYitta nc s, in accordance. with the Plana - and •Spegificatioc s, complete and . place per linear. toot . 19`0 16' FRP Air Duct: piping Fi tsrxg in accordance: with the Plans .end $peci.ficatiOns; ' comp_1.e- e and in place per linear oo PVC .SDR ;26 Drain -Line. pipthg /Fittiragsr :�? accordance :. with' the Plans and. Specifi cation s; carip1ete•' and ... in pace per linear rg.4ct. 106 nc-.Junctipp, Structa e.. Air Vents in :, acco danCe : With the Plans and Specifications, complete: and= in place.: each 10' . PVC wet Ws11 Ait Vert; , 1 accordance- With the Plans and Specifications, .complete: and in Place Pe r e.acly. 1 ' PV•C Waterline and Fittings,:. in accordance with. the :Plans and Specifications complete and in place pex tamp Slim... OCT— 1-2010. OL:'L4P ERON: RriTEK. 709565:34p. TD 2B1TBE,7338 WOO L RIDGE ROAD LIFT STATION .24`r FOI CE . MAIN TIE -IN . Atap ODOR CONTROL SWISH PROJECT .NO. 7455.. BASE BID P.7,13 ITEM QTY DESCRIPTION UNIT &. UNIT PRICE VALVES AND FITTINGS (CONT ` D) 1 L.S. 81 L.F. Tie -In 3" Air Piping to stln WoOdr dge.. Road Junction Structure, in • : accprdance.:with :the: € lans and Speci.fa oati:ons, complete. an4 in place. per Iiaaiip s:ut . Trench. Safety ,Sy'a a X11 png Sy.StemS, .With the Plans- and -Specifications-,.. Canplete: and in place per Ilimp u.L Dewatering.: Piping Systems, in 'accordance with the :Pllans' and Specifications; co41p1ete• and:. in ,place per i z.p sire. $t CONCRETE-.CURE, GUTTER PAVEME' ', $LABS:.AND .MTSCELLANEOT.IS : ::SIT. WORK 150 S.Y. 456 S. F. Concrete Pavement Witt Internal Fence Fdn. Including STabgradee Preparation, in accordance with the Plana and • Specifications, cin%p1ete and in place per square yard. " Thibk. ;concrete :in accordance with the Puns and SpecUicationsi coMp1ete a:n.d in place ;per :square foot:. Pr4ipasa1 Fkxm Pig '3 'ai• )4 OCT-1 72211.0 n2, 14P FR.ON: RMTEK ` -5 f1395E5 :4O TO: i2..2B1 ?BB32E1P WOOLDRIDGB ROAD LIFT :STATION 2 " FORCE. MAIN TIE S- I1 AND . ODOR CONTROL SYsTint PROJECT NO. .7455 - BASE BID P,B'13 QTY & UNIT` DSSC TP:2IOIY CONCRETE CURB,. 3TT f. 2AVE +`NT sLABs AND bMISCEXL EOUS SITEWORK L.S, 6" "L Type. r in . acordafce with the Flans and Specifications, complete and in-place per liner foot.' oot . N'ew Perimeter Fencing, in accord oe 'with: the Plans and Specifications; complete and place per lump rum. .ddor Control Blower Foundation in accordance with the E an.s. and Specib .cations R complete and -in place per 3ta ,p Sum NotS:e Rednetian. Eicaffle, . to accordance m th the 'Plans and SpecifiCat On 3r coM). -ete and .in place per lump :.SI . Wooldridge Road Pavement 3xepa �, 'in . accrirdafce with the Flans and: Specf.catzansi complete , and . in place per lump sum. Fa 047A 11 seel1aneous Site Grading, Sodding, in a ordarice with the Plans and Sped.. cations, complete • and in place per lump sine OCT-'AL -2010 22114P FRO 1: RMTEK 7135.65 340. TO :E8ii8E3E08 P.9.13. WOO.LDRIOGE ` ROAD. -Lx 'T STATION 24" gmcg M TIE -IN. A Mon CONTROL SYSTEM pRQTECT Na. 745$. QTY XLECTWAL Condo t ar►:d.. Power: ring Vin: sceordance. with the Plans; arc ..:.' S secy£i.oat :Ores complete an d it glace;. p r • 1 mp. star►:: Eectroa�xpmrtt.: anti I.nsta3iation in ac.co rdanc6 with the FJ errs ,end 5psc : i.cat onsf . ccomp10.te and in plac€:.per lump s.um. 0 . OCT-1 —201 02:15p. ERONv PrITEK 718563 T1J.: 281 i SE 2 8 sEDIMARY ?Alii' 1 ' SITE' P RATI.C7TT ' k31D pEN RAL CQ DXTIt TS {A-3 Si' A -�3 $ (a.„. .t.-°'" e mks JusCTZON. STRUCTURE AND ODOR. CO (1-4 U-5). 9 . MAT C .DIVES, ViliNg & ritTiN.G5 iC -1 THtW C -L1) Pw.D.CONCRETZ . CURB, GUTTER, _ MENEM SLABS AND MIs • pvs: sxTg ?ymm 1,D- .. a D- S) PART •E RIWTRICAL i -1 'PRO S--2 TOTAL BASF BID ` (PA t'T$ • 7 , S, C,.. D & I) ` r 0 47''' P.:10/13 e untter gxsed i ereby decd mazes that he' hall v3 s� tad' the :.sits ha�a cax ull : examir� d p].ana 7 specif ..catio�?1s and cc -retract dg a flta rel a rsg `to tbo work aov red by: his 3b d ar bids., .th t. ha agree to do the wok and<::' hat :no r -0prasentatsir ;:made,. by the.ty are. in' any aeries.'a. cvarxantg but are m a rst riratee. fog the guidance at". t e ,caantx to •.. • Eropo 4.: r0.xU2 Page 10 .et 13 110T.--;1_ -2010.. 02:15P FROM i aMITEk 7179565340 TO: 2S1i'B 238 P.11'13 The tildersigned 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 b.ds, that he ,agrees to do the.. work, and that no representations .made by the city are in any Dense a Warranty but axe mere ectiutates for the guidance of the Contra.cto . 'Upon notification of award of .:contract, we will within ten. (10) calendar: days execute the ��fo� �l contract �,�ha faithful performance deliver � this Perfor n Bond (as required) ff. all contract : and a Payment Bond. (as required) to insure payment labor and mater a s. The bid bond attached to this proposal., in the amount of . 5 %:. of : the highest amount bid; is to become the property . of the City .of .Corpus Christi : in the event the contract and .bonds , are not . executed within the time above set forth .:as liquidated damages for the del ay and additional work :caused.. thereby., Minor, ity /Minctity B 1s fleas. Enterprise Participationx The apparent low bidder shall, within .five :drays of receipt , of. bids, submit to'. the . City Engineer( 3.n yuriting, the names and addressees or blBE firma participating in the contract and a descriptiol of the work to be per €o ied and. its dol :ar Value for bid evaluation p 1x xu ep of Signed .Sr�ts ° than oo rseoun a a± (original leigx d will � prepared in not lsss� . � sets. Time of completions:* The undersigned-agrees to co k ere work within 35O calendar .d s front the date designated . by The unclereigrieci further .declares that he will provide all necesa any tools and. .apppaxatus, do . all - the.. work . ,` and furniskx alb:: materials ,and do everything required to carry out the abo'v'e mentioned; by this ..propoea :, .in :strict accordance with the :_contrac-t. :.. work _ ca�srer�7: y . for the sum or sums documerxts .arid . the. ; requirements pertai r ng thereto, above: set .forth. Receipt . of the , following addss da is a owI edged (addenda: number) . Respectfully s Name — By : L (SE'+L. IF BIDDY.?. IS(SIGNATURE) Address : `7€ A a o 2 -L PIcy rn7 . . V). Buy) (.Street) (city) state) (p3 • Telephone Ct rporati.nn) M. E* nO ristach xt .ti grunt othe% BPPnxla.. Fiii 3n 0.4- Erik aft :m net c' ¢te with aktached, papers: VXOpopal .74:011 l?ag.e 22 . a L taeviaea Ai iet 20IO) PAYMENT BOND BOND NO. HSIFSU0546259 STATE OF TEXAS § COUNTY OF NVECES 5 THAT Gin -Spen, Inc. of TARRANT County, Texas, KNOW ALL BY THESE PRESENTS: hereinafter called "Principal ", and International Fidelity insurance Company, a corporation organized under the laws of the State of New Jersey 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 EIGHT HUNDRED FORTY -ONE THOUSAND., FIVE HUNDRED SIXTY -FOUR AND NO /100 ($841,564.00) DOLLARS; lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sun well and truly to be made we bind ourselves, our heirs; executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH day NOVEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO.7455 (TOTAL BASE BID:: $841,564A0) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the Work .performed thereunder, or the plans, specifications, drawings; etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such .change, extension of time, alteration or addition to the terms of the contract; or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the .22nd day of November , 2010 . PRINCIPAL Gin -Spen, Inc. By: Farb ash - Vice- (Print Name & Title) ATTEST •'-12., (Print Name & Title) SURETY International Fidelity In urance Company The Resident Agent of the Surety in Nueces County, Texas, for de .livery of notice and service of process is: Agency: TechnicalAssurance, L.L.C. Contact Person :Philip Baker Address: 4833 Saratoga Boulevard, Suite 139 Corpus Christi, Texas 7841 3 -22 1 3 Phone Numbe. : (713) 569 -4515 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3 /O8) Payment Bond Page 2 of 2 BOND RIDER To be attached to form part of this Performance /Payment Bond No. HSIFSU0546259 issued by International Fidelity Insurance Company, as Surety, on behalf of Gin -Spen, Inc., as Principal, in favor of the City of Corpus Christi, as Obligee, as respects Wooldridge Road Lift Station 24" Force Main Tie -In and Odor Control System, Project No. 7455 in the penalty of Eight Hundred Forty One Thousand Five Hundred Sixty Four and 00 /100 Dollars. ($841,564.00) It is hereby understood and agreed that the name and address of the Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is amended to: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P. O. Box 3280 Corpus Christi, TX 78463 -3280 Phone Number: (361) 883 -3803 All other terms and conditions of the bond are to remain the same. Signed, Sealed and Dated this 11th day of January , 2011. Int- ational Fideliura f a Com•an s � f Philip , -► - In -'. Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND /RIDER /CONSENTS /Al+'14'IDAVITS KNOW ALL MEN BY THESE PRESENTS_ That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint EDWARD ARENS, MICHELE BONNIN, PHILIP BAKER The Woodlands, TX. its true and lawful attorney(s) -in -fact to execute seal and deliver for and on its behalf as surety, arty and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required or permitted by law, stature rule regguulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INT'ERNAT'IONAL FIDELITY INSO'RANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 19$2 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, arid, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CER t 1t ICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 11th day of January, 2011. Assistant Secretary .1 Sylvia Arriaga - Gin -Spen - Bond No. HSLFSUO546259 - Rider to Correct Nueces Co Resident Agent From: To: Date: Subject: Attachments: "Michele Bonnin" <mbonnin@technical- assurance.com> <sylviaa @cctexas.com> 1/11/2011 10:31 AM Gin -Spen - Bond No. HSIFSU0546259 - Rider to Correct Nueces Co Resident Agent HSIFSU0546259 - Rider to Change Resident Agent.pdf Good Morning, Sylvia- Per our conversation, attached is a rider changing the Nueces Co Resident Agent to Keetch & Associates. I'll mail five (5) originals to you today. Let me know if you have any questions. Thanks! Michele Bonnin Vice President TECHNICAL ASSURANCE "SURETY BOND PROFESSIONALS" Technical Assurance, L.L.C. 26623 Oak Ridge Drive The Woodlands, TX 77380 (281) 296-9997 (281) 296 -9998 fax The information contained in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual(s) or entity named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E -mail message. If you have received this E -mail in error, please notify the sender and delete the material from any computer. file://C:\Documents and Settings\SylviaAlLocal Settings \Temp\XPgrpwise14D2C318DCit... 1/11/2011 BOND RIDER To be attached to form part of this Performance /Payment Bond No. HSIFSU0546259 issued by International Fidelity Insurance Company, as Surety, on behalf of Gin -Spen. Inc., as Principal, in favor of the City of Corpus Christi, as Obligee, as respects Wooldridge Road Lift Station 24" Force Main Tie -In and Odor Control System. Project No. 7455 in the penalty of Eight Hundred Forty One Thousand Five Hundred Sixty Four and 00 /100 Dollars. ($841,564.00) it is hereby understood and agreed that the name and address of the Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is amended to: Agency: Keetch & Associates Contact Person: Kevin Keetch Address: P. 0. Box 3280 Corpus Christi, TX 78463 -3280 Phone Number: (361) 883 -3803 All other terms and conditions of the band are to remain the same. Signed, Sealed and Dated this 11th day of January , 2011 T=I (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE. NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07IO2 -5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing lows of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint -EDWARD ARENS, MICHELE BONNIN, PHILIP BAKER he Woodlands, TX. its one and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and otter writings obligatory m the nature thereof, which are or may be allowed, required or permitted by law, stature, rule regguulation, contract or otherwise, and the execution of such insttament(s) in pursuance of these presents. shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its prirrzipal office. 'This Power of Attorneeyy is executed and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President nr any Vice President. Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of Ibe Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts' of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of-April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed m any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking re which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, AD. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding. instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL 1 WELITY JNSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark. New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 11th, day of January, 2011. Assistant Secretary a P E R F O R M A N C E B O N D BOND NO. HSIFSU0546259 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS; COUNTY OF NUECES § THAT Gin -Seen, Inc. of TARRANT County, Texas, hereinafter called "Principal ", and International Fidelity Insurance Company , a corporation organized under the laws of the State of NewJersey 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 suin of EIGHT HUNDRED FORTY -ONE THOUSAND FIVE HUNDRED SIXTY -FOUR AND NO /100 ($841,564.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of NOVEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. x'455 (TOTAL BASE BID: $841,564.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation an this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to r&eet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of 'Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 1,19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 22nd day of November , 2010 PRINCIPAL Gin -Spen, Inc. By: c-ae, iPrint Name & Title) 1- ATTEST jAre- (Print Name & Title) SURETY International Fidelit urance Company orney -in (Print Name) The Resi.dezit Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: pate of Technical Assurance, L.L.C. Philip Baker 4833 Saratoga Boulevard, Suite 139 Corpus Christi, Texas 78413-2213 (713) 569 -4515 Performance Bond must not be prior to date Performance Bond Page 2 of 2 of contract)(Revised 3/08) KNOW L MN BY P*EsENTS:.:::ThatINTIPrIl■TATIONAL-F-IDEIL*4Y.INSUC..1.?ANCE CQMPANY a corpofator tganized and existing &ate f NdodJor§t.: and havingi.itS.Pllll c4p does hereby eontiP1e and appcmt ".:••••• : • , . ,..„,.. The'Woodlands, TX. - , - • .,-„,... , .,...-:., i:„ „ir: and alt -, n 8.. , , . iTa the exeendoir'„'OUSitch::: niStriument(aY::::frkllltrsg#. - - - .. '---...:-'.."- '• Other writings abligator:y al..„the natur ........ nce of 6si.srese presents had its true allalaiktdiattql7ley.)-1Yl,--i„... fact ----------' i:.-.8TtOiliteirene.e execute sheajol and ,ctoet!l'iTi4ve;fboer.::.alanidowoecin i,tsx4,.11;i°4,01,1ifda:81;.T':.,1!nty"''t-te: bl: .4a::ii.::;;:::nr'sta,.INTEuire, mintletkTitureprNlaUtori...::..con .;,,nyacc .tst o0rfo_,,,,.._..., 1.,:..,94,1.14t.1=1: otherwise . anaf.:.;#.;:.::;.::...: A shall. be •-aS:....biti g upon ....e „sal ..... . ,.... .... as the same,:hadheet duly executed and aclmowledgedby:.itsegalar: COMPANY as Kin . d Iy.rIected:officers at It pfincipal (A#0.. the b Laws adopted by Board of Th • Power of Aiithtlky .4:,..xtttiteiti. • may : be revoked pursuant . is f INIERNAT/O.NALFIDgLITV: 4 :.::: :: . -. .:::::::.. .. ::. : . -. • :,, 7.7 .. , 7 : :, , . . : and may ''' ' : CR:COMPANY at a-meetnig:ealledand held the 7M...day0.... 7 1974 .....:.:-.---06 Presice;.... 0I any - iic e:l...t„.e... .. ... jnt, EX.:e. :cttice-d ee Pre-...sident SecretarY or Assistant Seetetary,s. takliavepOwer and authorty::: ::.. ,--., .:::: • • ....:„ . ::• •-- . " • •••••• ' : ------- ... . an (1) To appoint Attotneysin-fact, and to authorize them to execute on behalf of the Company and attach the Seal of the Company rheteto, bonds „..:•„:-.-_:undertakings,,COntrOs of indemnity: and other wrifinikobfigatorVin. the nature thereof and, • ..:,..„ :......:. ... -.-, . . .. .: • • - ..,..._, ......, :::::: • -:-.- • , . - .. ''':. (2 To remove at attiMe,' any such]-attorneY-itt,Iact:and revoke ethe authority given:: Further ', this Power of is 4igned:4'14:sealY iticr irlide;foti ngtS'a true e P irpi : ,:::::: :•:••••• • • ...: : : .... .: . : _ d and held onthW.::29th day of 'April, 12.-. o which ..:. 1pursuant 24 to resoluittii.O:f the Board of.Directors-of said ompany-adoPled at a meeting .::. ... . tiny c e ..... :„.-. - ::-- ••••:" :-. . ::.'• -,.::: . the !, of c it any:itay be :::affixed to any :such power of attorney or any certificate relating thereto by . •::.:, ' .::fae ' le: art. d attYs-tich poWerooffattorney uch offi°,..ers -11,.6e the Now therefore the signatures . or certificansaqbaoaeriags.:an11,sen. o_h°cfsaiPinicskrilie reasignatures or faq$1loile:.se0 4iallb valid and binding upon the C°InPaM' and any such power..b executed and certified by tacsitim signatures a facsimile seal shalt be valid and binding upon!the Company in the future. With respect to any ' - bond or:Undertaking:to which It is attached. . ... • . . :,. . .-.: IN TESTIMONY WHEREOF, INTERNATLONAL FIDELITY INSURANCE COMPANY has caused this instrument to he signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A D 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex '4..... . .. . . _ . .. ' '.: • .:::::.::..: ....:. On this day of October 2007, before ine.came the t.idividulteWhO executed the ine.ceding instrument,,to.:Ine personally knowm-arik-being by me;:dillY.: :: .-]-.----' sworn;!..said:::the he::is thgthetem described auct:atithorized.,oftice f. INTERNATIONAL FffiELITY.IN . CE COMPANY, that the.seal,affixed to . :. :••-:"'---saidr.ttiStrintient i&'die]torPorate Seal of said.-Company;that the d-::;Pic1..:.....otporate:.Seal-.,.fi ci..-11i.." .signature were dulY.-affixed hY.:::Ord of::117::BOard of..:.))...lrector.--9f.:.: :.:.:.:. said Company. •-.,-:.---. ::-..',.- ":.H::: ::::::::::::: .:.:-:. . -.-:-.• -...---.-..-. . :.3„, ..;:::; ••:,-. .:......::: .::: .::;::. . -- :::-::•:. L,-. .:::::f ____ _ .i.:!. . :: ... :..... :!: : : .. : . ,:_., : :::. , . .,. : : r :.. ,..... ....::: :,:; ".'j.:;:...::: i.,.-:.. ::::.. . ...,:-. , ... _ ... ::-.:. A.‘g-.i .-t-.A,4>"' - 4' IN FRSTIMONYWHEREOP 1 iave.:4prcur= set my ..%_. my .... Official at thgtity of Newark, NeWiergey:-:t.-day and year first above wrttten % . .1--„,„-,- H.:::::::.::::-..:::-...r:::.--- -:-.:::::.::-:::::::::::;:' " '.-:!..::::::'''::!•:-":-%. ' - .------!--: . -----..:-:.:.::.:.:::::-::::::' - ..-'1.,..-'''''.•..:1.::.:::.::'::::...-.:::'- 41.f/t.f*AttiAl . . CERTIFICATIQIN A NOTARY P-III:14C OF NEW JERSEY My Conmussion Expires Marebi:]]..2.72014 .:,,,...4, ihectinderrnigned!of-6p.;; opItsnr*wi':-:." itbN .Aj.,-. ,. TtINSITRANCE 'COMPANY dd.herehy:certify,thai:1 bive'Orriiiarec!,0e foregomg::copy:::::... ... . : P:6-:*er ofAitoiii6y atWafe4av*And.41q. opy9f::ithe 4-0,Ftio*of t.qe..!iy?.:1:::;ows oif.iti'snatidse':.CriOpmtsp;OeicF.is..setfOdi:::kn said pov.-:,ref otAttopey,:,v.th the ORIGINALS Cil.....: ...i.. .„... - ' - HOMROPPICE'OF-SAID CO ).41;A-Dfr .andlt*Ilie saile.....t!e:oirec :...,...:"-:...:::.i.b 40fA.id oftki...-:* 4.olle...--lif theSaid.--.Origirials.;..and that th..'sao.vower • • —.. ..::"4 Attorney iii:s..-iii3i been revoked and is tioWin full force and effect' i'::;',. -..:-.-.-,`,-..----5:;:i.:.i.-, ........:,.,...:.:%:-.,...„....„. •::•,--;'..:.:,.------3:-.::,.--::::,:. ...-„, ...--: - - - :-.-- -. :-..---;:.----'--:-....:-.:'....:......"... .:::.::::-:::',.,.--..-,-,--.-.--.:- • .:.'::?...:::::::::::. ... .' : ''''''...:.s., . ....... . ,, '...,-..,.:: „:.......,:: -.- . ..„. . : - . ••• ••:.::,... .. , ... • . . ":"' "•:::::;:- IN TESTIMObrIt -WHERPOE, 1 have hereunto .-: set ,..... handthi ' ' - 22nd '.: ::.--..- day 0t.."-.. :14O*.ber, 2010 _ , ::: Hi.: ..:.:,..i.:: :, . . ,.:.• ::::.,:.: ._ ::,...: IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll -free telephone number for information or to make a complaint at: 800 - 333 -4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800 -252 -3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714 -9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PERFORM,ANC£ BOND STATE OF TEXAS MOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Gin-Spen, Inc. of TARRANT County, Texas, a corporation organized under the laws of the State of hereinafter called "Principal ", and 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 EIGHT HUNDRED FORTY -ONE THOUSAND, FIVE HUNDRED SIXTY -FOUR AND NO /100 ($8.41,564.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 16TH of NOVEMBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO.7455 (TOTAL BASE BID: $841,564.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name /No.: Various Projects Surety Company: International Fidelity Insurance Company Gentlemen: I, Paul C. Rogers (name of Officer of surety), hereby certify that the facsimile power of attorney submitted by Edward Arens, Michele Bonnie, and /or Philip Baker (Attorney -In -Fact) for Various(Contractor), a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Signed this / day of riv.4-e- 20 Naive: Paul C. Rogers Title: Vice President Sworn and subscribed to before me on this 20 (Revised 9/03) 1M\ day of 7 a;;.Te; 1 Notary Public State of4�.% My Commission Expires: _migiegyucuttiRA NOTARY PUBLIC OF NEW E: y Oommissliz Wras July 14, ,.E. ATTACHMENT 1 1OF1 eater J6/ u0 /LV IV 1JNC[ a>v s•[ uuuuuuu vt A RD� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT1FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Y DATE IMIWDDryyyy) 12 28 2010 IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies m ay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brady, Chapman, Holland & Associates 10055 West Gulf Bank Houston TX 77040 't'dRTAL1 NAME: PHONE IA1c,No. Exti:713 -688 -1500 EJNAIL ADDRESS: INSURED G in- Spen, Inc. 7 8 0 W. Kennedale Parkway Kennedale TX 76060 FAX 1AIC,No):713- 688 -7967 INSURER A • INSURER B • INSURER C : INSURERIS) AFFORDING COVERAGE • 111- 0S • : NAIC a • 1 • INSURER 0 : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 255573248 REVISION NUMBER: THis IS'TO- CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R LTR - TYPE OF INSURANCE ADDL INSR S4 4 WVD POLICY NUMBER POLICY EFF (MMIDOIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERALLIAHILITY X �' COMMERCIAL GENERAL LIABILITY CLP3274080 / 6/14/2010 5/14/2011 - EACH OCCURRENCE 01,000,000 DAMAGETO REN 11 D PREMISES (Es occurrence) 0100, 000 MED EXP (Any one parson) 010, 000 CLAIMSMADE X OCCUR PERSONAL & ADV INJURY $1,000,000 X PD Ded $2000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X lei I I LOC PRODUCTS - COMPIOP AGO 82,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON•OWNED AUTOS CA1,3538589 � 6/14/2010 6/14/2011 Eoocci ant) ELIMII (Ea accident '$1, 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per occident $ $ B UMBRELLALIAB EXCESS LIAB OCCUR / CLAIMS -MADE 69860694 0/14/2010 5/14/2011 EACH OCCURRENCE $4,000,000 T AGGREGATE 04,000,000 �..._X _ , ..10,000 $ WORKERSCGMPENSATION r AND EMPLOYERS' LIABILI Y 1 N N 1 A WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ • • • • - ORIPARTNER/EXECUTIVE ❑ O El:M EMBER EXCLUDED? {Mandatory in NH) If yes. descrbe tat der DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Installation Floater CLP3274080 6/14/2010 6/14/2011 / $900.000 Any one loC $25,000 Transit $2,500 Deductible DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Adritionel Remarks Schedule, if more space is required) RE: Wooldridge Road Lift Station 24" Force Main Tie -In and Odor Control System Project No. 7455 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services; Attn: Contract Administrator P 0 Box 9277 Corpus Christi TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ® 1988 2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC4 RDA a - CERTIFICATE OF LIABILITY INSURANCE DATE IMMIGDI YYYY) PRODUCER (281) 999 -5544 FAX: (281) 577 -2678 Main. Street America MGA, Inc. 2197 7 East Wallis Drive Porter TX 77365 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Harbor America 'Fax: ntral , Gin - Spen, Inc. Bus : (817) 478 -1119 780 'W. Kennedale Parkway Kennedal,e TX 76060 Inc. (817) 483 -0899 INSURER A: Ullico Casualty Company LIMITS INSURER C: LIABILITY COMMERCIAL GENERAL LIABILITY INSURER D. INSURER E: EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA AOLYL NSRO TWPE OF INSURANCE. POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occwrenCe2 $ CLAIMS MADE f / OCCUR MED EXP (Any one person) g PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ GE 'L AGGREGATE LIMIT APPLIES PER: POLICY n ECOT- I 1 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY ( accident) $ PROPERTY DAMAGE (Per accident) g GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS! UMBRELLA LABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ / EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION J AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE Li OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below WCS- 113000 -01 4/1/2010 4/1/2011 WC STATU- OTH- X TOR LIMI E.L. EACH ACCIDENT $ 1, 000 000 E.L- DISEASE -EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000_ OTHER DESCRIPTION OF OPERATIONS 1 LOCA (TONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS C Workers Compensation coverage is extended to all payroll active employees of Harbor America Central, Inc. leased to Gin -Spen, Inc., effective 04/01/2010. Insured is afforded Workers' Compensation & Employers Liability as a co- employer under the policy for employees leased from Harbor America Central, Inc. Job name : Wooldridge Road Lift Station 24" Force Main Tie -In and Odor Control System project No. 7455. Amended Cancellation Clause: Should the above described workers' Compensation policy be cancelled, non- renewed, or materially changed before the expiration date, the insurer CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Service Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TyGEXP1RAT1ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Rick Walker /MT ACORD 25 (2009101) INS025 (200901) C1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS /REMARKS wLll mail 30 days written notice to the Certificate Holder named to the below /left. Waaiver of Subrogation for Workers' Compensation is provided in favor of the Certificate Holder as required by written contract. OFREMARK COPYRIGHT 2000, MS SERVICES INC. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)_ If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) INS025 (2oo931) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include: Any "owner ", "contractor ", "construction manager ", "engineer" or "architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy for completed operations but only for the project designated in your written contract or written agreement and only with respect to "bodily injury" or "property damage" included in the "products- completed operations hazard" and caused, at least in part, by your negligence and with respect to liability resulting from: A. "Your work" performed for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work ". With respect to the insurance afforded such additional insureds in connection with this endorsement and the above referenced Commercial General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any "suit" seeking damages for "bodily injury" or "property damage" until we receive written notice from the additional insured requesting that we defend it in the "suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an "occurrence" which may result in a claim. This shall include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence ". b. Give written notice to us of a claim or "suit" brought against the additional insured including specifics of the claim or "suit" and the date it was received. c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or "suit" under its policy(ies), either at the time of or at any time subsequent to the occurrence of the "bodily injury" or "property damage" which is the basis for such claims or "suit." (1) Such notification must demand the full coverage available under that policy; and GL -4382 (12/04) -1- (2) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not apply to: a. "Bodily injury" or "property damage" resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you; b. "Bodily injury" or "property damage" resulting from "your work" performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap -up) Insurance Program; c. "Bodily injury" or "property damage" (1) In connection with a project where "your work" on the project was completed prior to the effective date of this policy, unless the written contract or written agreement includes a specific time requirement for completed operations coverage to be provided by you for the additional insured for "bodily injury" or "property damage" occurring during the policy period. (2) In connection with a project where "your work" on the project was completed and where the duration of the additional insured coverage requirement in the written contract or written agreement governing "your work" on that project had expired by the time that the injury or damage first occurred. (3) In connection with a project where "your work" on the project was completed more than thirty six (36) months prior to the effective date of this policy. For the purpose of this endorsement, "your work" will be deemed completed as set forth in the "products- completed operations hazard" definition. d. "Bodily injury" or "property damage ": (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project. GL -4382 (12/04) -2- (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: "Owner" means a person or organization who has ownership in the project premises designated in your written contract or written agreement, at which you are performing or performed work. "Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform work for at the project designated in the written contract or written agreement. "Construction Manager" means a person or organization designated as "construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your work" for the project designated in the written contract or written agreement. "Engineer" means a person or organization who has been engaged by the "owner ", "contractor" or "construction manager" to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your work" on such project. "Architect" means a person or organization who has been engaged by the "owner", "contractor" or "construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling "your work" on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any insurance specifically purchased for a designated project(s), including but not limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. In no event will any coverage provided under this endorsement extend beyond the expiration date of this policy. Po�r� getpwitoso 7-id*todoir GL -4382 (12/04) -3- POLICY NUMBER: CLP 3 274 080 COMMERCIAL GENERAL UABILRY CQ 02 051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: S. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Q ISO Properties, Inc., 2003 /Kr41?-4toer Page ot1 POLICY NUMBER: CAP 3 538 589 / COMMERCIAit. AUTO CA 04 0301504 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated be- low. Endorsement Effective: Named Insured: Countersigned By: SCHEDULE (Authorized Representative) Name and Address of Additional insured: Any person or organization for whom the insured has agreed by written contract to designate as an additional insured subject to all the provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An insured (Section II) is amended to include as an 'insured' the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this pol- icy. B. The additional insured named in the Schedule . or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, de- clared by us shall be paid to you. a -. wn nw RA C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we wil! give 10 days no- tice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. !r?1) ( Rrnnariiac Inr. 91)0:1 Page 1011 POLICY NUMBER: CAP 3 538 589 / COMMERCIAL AUTO CA O2 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: IBUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Number of Days' Notke: 30 Countersigned By: SCHEDULE (Authorized Representative) Name of Person or Organization: Any person or organization as evidenced by a Certificate siof Insurance issued an the company's behalf by its licensed agent. Address: If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. .x . Onnq Paw oft