Loading...
HomeMy WebLinkAboutC2011-197 - 4/19/2011 - ApprovedRCM Constructors S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N -D S F O R WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM - FY 2011 PREPARED BY Felix H. Ocanas, Jr., P.E. ENGINEERING & CONSTRUCTION MANAGEMENT DBA: ECMS,LLC Reg. No. F -3899. 5001 Oakmont Drive Corpus Christi, Texas 78413 Phone: 361/549 -4576 Fax: 361/851 -1204 aryojCorpurChisii WASTEWATER DEPARTMENT FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: E10155 DRAWING NO: SAN 559 SERVICES 3 FLJ(H. 0 CAEAS, JR 0ars' 006 •', 44qc:i.1.9(GisTver-`-`?4"%f %It ‘16, � A 2011 -197 M2011 -093 04/19/11 WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT No. E10155 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/06) 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 land Sequence of Construction (not used) A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 Project Signs (not used) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (not used) A -24 Surety Bonds A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements (not used) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements 1 A -33 Conditions of Work A -34 Precedence of Contract Documents 11 35 City Watcr Facilities Special Requirements (not used) A -36 Other Submittals (Revised 9/18/00) 21 37 Amcndcd "Arrangcmcnt and Chargc for Watcr Furniahcd by the City" (not used) • A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (not used) A -40 Amendment to Section B -8 -6: Partial Estimates A 41 Ozone Advisory (not used) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) . A 45 As Built Dimensions and Drawings (7/5/00) (not.used) (not used) . A 17 Pre Construction Exploratory Excavations (7/5/00) (not used) A-48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended "Prosecution and Progress" Attachment A - Clean -Out Location Card Attachment B - Residents of Corpus Christi Letter Attachment C - Weekly Clean -Out Program List Attachment D - Sample Work Order PART B PART C PART S - GENERAL PROVISIONS - FEDERAL WAGE RATES AND REQUIREMENTS - STANDARD SPECIFICATIONS 022020 - Excavation and Backfill for Utilities and Sewers 022022 - Trench Safety for Excavations 022100.- Select Material 025205 - Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replac. 025220 - Flexible Base - Chemically Stabilized (S -24A) 025222 - Flexible Base - High Strength (S -24A) 025404 - Asphalts, Oils, and Emulsions (S -29) 025412 - Prime Coat 025424 - Hot Mix Asphaltic Concrete Pavement (Class A) 025610 - Concrete Curb and Gutter 025612 - Concrete Sidewalks and Driveways 027205 - Fiberglass Manholes S58A 027602 - Gravity Sanitary Sewer (8 -61) 028040 - Sodding (S8) 028300 - Fence Relocation (S12) 030020.- Portland Cement Concrete 032020 - Reinforcing Steel 038000 - Concrete Structures 055420 - Frames, Grates, Rings, and Covers 2 PART T - TECHNICAL SPECIFICATIONS T -1 Repair of Wastewater Service Lines T-2 City of Corpus Christ WW Dept. Televised Inspection Services LIST OF DRAWINGS COVER SHEET, LEGEND, NOTES & BID SCHEDULE Sheet 1 - Title Sheet, Vicinity Map and Sheet Index Sheet 2 - Legend and Abbreviations Sheet 3 -- General Notes Sheet 4 - Bid Schedule STANDARD SANITARY SEWER DETAILS Sheet 5 - Typical Easement Clean-out Assembly Sheet 6 - Typical Driveway Clean -out Assembly Sheet 7 - Sanitary Sewer Details SANITARY SEWER & STORM WATER MANHOLE RING & COVER ADJUSTMENT DETAILS Sheet 8.- Manhole Standard Details Sheet 9 - Manhole Standard Details CURB & GUTTER SIDEWALK AND DRIVEWAY DETAILS Sheet 10 - Curb, Gutter, and Sidewalk Details Sheet 11 - Standard Driveway Details Sheet 12 - Standard Driveway Details REFERENCES - TRAFFIC CONTROL PLANS Sheet 13 thru 24 - Typical Application Traffic Control Detail(s) 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: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADUUSTMENT PROGRAM FY -2011 - Project No. E10155 This project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the bend and from bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations [indefinite delivery /indefinite quantity (IDIQ)]. The work period will be 365 days with the option to extend the contract for an additional two years in one -year increments. This project is divided into three parts: Part "A": Consists of a Base Bid with a quantity of 200 new PVC clean - out assembly installations; main line repairs if required; televising service lines to City main, inspecting condition of mains, ten (10) feet in both directions from existing or replaced main taps, when main is exposed or accessible; backfill, other appurtenances and site clean up, in accordance with the plans, technical specifications and contract documents. Part "B ": Consists of a Base Bid with a quantity. of 150 Sanitary Sewer Manhole Ring and Cover Adjustments using new manhole ring and Cover assembly with new height adjustment rings, new stainless steel inflow inhibitor and new concrete collar. Part "C ": Consists of a Base Bid with a quantity of 100 Storm Water Manhole Ring and Cover Adjustments using new manhole ring and Cover assembly with new height adjustment rings, and new concrete collar. All work to be in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until, 2 :00 p.m. on Wednesday, February 16, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. There will be a pre -bid meeting on Tuesday, February 8, 2011 at 10:00 a.m. at the Engineering Services Conference Room, 3d Floor City Hall, 1201 Leopard Street, Corpus Christi, Texas. 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 NOTICE TO. CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractual1nSnra ce 8. Broad Form Property Damage 9. Independent Contractors 10. 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 AC T 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 -tem environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED Q. BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X 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 011 any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 . TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction—Has the meaning defined in the Texas Labor Code, §406.Q96(e)(1). (3) Contractor —A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage—Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC -81, form TWCC -82, form TWCC-83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project—Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project and (II) 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 begjnritng work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project;. (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (0) notify the governmental entity in writing by certified snail 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 (11) 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 T285 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage C'certif sate')- 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 persons or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the tex4 form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 / PROJECT # E10155 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 PM, Wednesday, February 16, 2011. 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 - WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM - FY 2011 PROJECT NO. E10155 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 nonresponsive. 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. There will be a pre -bid meeting on Tuesday, the 8th Day of February, 2011 at 10:00 a.m. at the Engineering Services Conference Room, 3d Floor City Hail, 1201 Leopard Street, Corpus Christi, Texas. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the locating and excavation of existing service lines; replacing approximately 2,800 linear feet of wastewater service lines from the clean -out to the bend or City main; incidental main line repairs if required; installation of approximately 200 new PVC clean -out assemblies; televising service lines to City mains, inspecting condition of main, ten (10) feet in both directions from existing or replaced main taps, when main is exposed and accessible; and 100 • Sanitary Sewer Manholes and 150 Storm Water. Ring and Cover Adjustments throughout the City under multiple work authorizations [indefinite delivery /indefinite quantity (IDIQ)] backfill, other appurtenances and site cleanup, in accordance with the plans, technical specifications and contract documents; the work period will be 365 days with the option to extend the contract for an additional two years in one -year increments. A -4 Method of Award The bids will be evaluated based on the Total Base Bid. (Total Extended Unit Prices for Estimated Bid Quantities) Section A - SP (Revised 12/15/04) Page 1 of 22 The City intends to award this Indefinite Delivery /Indefinite Quantity (IDIQ) Contract for approximately $400,000.00 in the initial year. The contract has the provisions to be a multiple year contract with the initial base performance period of approximately one year and may be renewed for two additional 1 -year performance periods. Renewal will be based on the Contractor's successful performance of the delivery order, approval by the City, and concurrence by the Contractor. The renewal will allow for a City approved economic adjustment, based upon published and acceptable indices. 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. The contract award value will be based on current budget allocations. The Contractor will have no basis for a claim against the City, if the actual award of delivery order total is less. 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 WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 / PROJECT # E10155, as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The initial contract duration for completion of the Project will be 365 Calendar days. Individual Delivery Orders will be issued throughout the year with specific locations where Clean -out assemblies and Manholes are to be installed. The working time for completion will be stated in individual Delivery Orders. The working time will be counted from the time the Delivery Order is approved and issued. Within three (3) calendar days of receiving a delivery order, the Contractor shall mobilize and begin work. The Contractor shall continuously work until all locations are completed. The section under construction shall be completed prior to relocating to a new section, unless additional crew(s) is /are utilized at new location(s). "Continuously Work" is defined as working a minimum of eight (8) hours per day, five (5) days per week The only acceptable reason for not performing this continuous work will be inclement weather or an area too wet due to inclement weather. If, in the opinion of the Engineer, the Contractor has not worked days when productive work is possible, then the Contractor can incur liquidated damages for those days not worked. The assessment of liquidated damages is, therefore, not confined only to those days in excess of the total time allowed by each delivery order, but can be assessed throughout the contract period. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages Section A - SP (Revised 12/15/04) Page 2 of 22 are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of. Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. 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 S -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-3.0 Wage Rates (Revised 2/8/08) Labor preference and wage rates for Heavy and Heavy /Highway construction. In . case of conflict, Contractor shall use higher wage 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 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 Section A - SP (Revised 12/15/04) Page 3 of 22 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 1/2) 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 10/20/08) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1 -800 -344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer, Felix Ocanas 851 -1203 Engineering & Construction Management Contract Administrator Brian Butscher Traffic Engineer. Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 Cablevision 857 -5000 ACSI (Fiber Optic) 887 -9200 KMC (Fiber Optic) 813 -1124 Choice Com (Fiber Optic) 881 -5767 CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) (549 -4576 after hours) Services, LLC Registration No. F3899 826 -1807 (816 -9270 after hours) 826 -3540 826 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1888 after hours) 826-6900 (826 -1888 after hours) 826 -1875 (826 -3140 after hours) 826 -3461 826 -1940 1 -800 -373 -4858 881 -2511 (1-800-824-4424, after A -12 Maintenance of Services 826 -3747 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) 512- 935 -0958 (Mobile) 972 -753 -4355 hours) 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 Section A - SP (Revised 12/15/04) Page 4 of 22 encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage. to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other "liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct, payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, . to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of, providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - SP (Revised-12/15/04) Page 5 of 22 A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts, construction debris, brush, vegetation 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. The Contractor will ensure all materials not retained by the Contractor suitable for disposal at a municipal landfill will be transported to the City of Corpus Christi Landfill for disposal. All disposal charges, fees and taxes will be the responsibility of the Contractor. A -17 Field Office (NOT USED) The Contractor must furnish the City Engineer or his representative with a field office at thc conotruction site. The field offiee mgt eeatain at leapt 120 oquarc feet of uo able apace. The field office must be air conditioned and heated two (2) chairs. The Contractor shall meve the field office on thc site as machine. paid for by thc Contractor. There is ne separate pay item for thc field office. A -18 Schedule and Sequence of Construction construction meeting. The plan must indi ate thc schedule 3.. Initiaehedulc; Submit to the Prc Conotruction Meeting for review. (NOT 'USED) of thc following work itcmo: thc City Engineer throe (3) days prier to an initial Conotruction Progrcoa Schedule 2. Itcma to Include: Show complete ocquencc of conotruction by activity, identifying Work of oeparatc otageo and other- log±eal activitico. Identify the first work day of each week. 3. Submittal Datcs: Indicate oubmittal dates equ4 ed for all oubmittalo. 1. Rc Cubmiaaion: Rcvioc and rcoubmit ao required by thc City Engineer. actual progreoo of eaek stage by pe*sentage againot initial Schedule. A -19 Construction Project Layout and Control acctions, measurcmcnto, baselines, etc. that are normally reqnlred to construct a project of thio nature. Major controlo and two (2) bench marks reqnired fer p*eject layout, will be Section A - SP (Revised 12 /15/04) Page 6 of 22 The Contractor shall furnish all lines, slopes, grades and measurements necessary for control of the work. If, during conotruction, it is ucccs ary to d.iaturb or destroy a control point or bench mark, thc Contractor shall provide the City or Conoultant )ej -ect Engineer will be reztorcd.by thc City or Conoultant Projcct Engineer at thc cxpcnoc of the Contractor. If, for whatcvcr r anon, it is nccccsoary to dcviatc from proposcd to properly execute thc work, thc Contractor shall obtain approval Conoultant Projcct Engineer prior to deviation. If, in thc opinion linc and grade of thc City or of the City or for the City or Consultant Projcct Iinginccr to rcvioc thc drawings. and proposed, for the purpose of adjusting valves and manholco at the completion assisting thc mcaouring of the complctcd work. The Contractor ohall provide thc following certification for documentation and • Caid compliance cortificatlea shall be providcd and prepared by a Third arty strccto: • All curb rcturno at point of to Wastewater: • 711 rim /invert cicvation3 at manholes; anholco; • Casing cicvationo (top of pipc and flora linc) (TXDOT and Rn permits) . Water: • All top of valves box; • Valvco vaulto rim; • Caoing cicvationn (top of pipc and flow lint) (TXDOT and RR permito). Stormwatcr: • All intersecting lines 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 Section A - SP (Revised 12/15/04) Page 7 of 22 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(NOT USED) 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, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Section A - SP (Revised 12/15/04) Page 8 of 22 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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 Section A - SP (Revised 12/15/04) Page 9 of 22 Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City •Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) 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. A11 bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Section B 6-22, Tax Exemption Provision, is deleted in ito entirety and thc following oubotitutcd in lieu thereof. Contracts for impee emcnta to real property awarded by the City of Corpus Chr,iati do not qualify for exemptiona of Sa1co, Txciac, and UDC Taxcs unlcsa tho 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of thc Texas. Section A - SP (Revised 12/15/04) Page 10 of 22 If thc Contractor ciccta to operate under a separated contract, he ohall. 1. Obtain thc nccesaary oalco tax pormits from thc State Comptroller. 2 Identify in thc appropriate space on thc "Statement of Matcrialo and Other into thc I'roj cct . 2. Provide the City with copies of material invoices to oubatantiate the propoaal value of matcriala. certificate to the subcontractor and the subcontractor, in turn, ianuco a rccalo certificate to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, Section A - SP (Revised 12/15/04) Page 11 of 22 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 (NOT USED) amended to include: Contractor muot provide builder's rink inourance coverage for thc term of thc Contract up to and including the date the City finally acccpto the i'rojcct or work. Builder's rick coverage muot Ise an "111 Rick" form. additional inourcd on any policico providing ouch inaurancc coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as superintendents and foremen who are careful and City Engineer. The criteria upon which the City Engineer makes the following: its field administration staff, competent and acceptable to the this determination may include 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. Section A - SP (Revised 12/15/04) Page 12 of 22 The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A- 30.Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values, which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. Section A - SP (Revised 12/15/04) Page 13 of 22 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. A -32 Amended °Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. Section A - SP (Revised 12/15/0.4) Page 14 of 22 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 Technical Specifications, third precedence will be given to the Special Provisions, fourth precedence will be given to the construction plans, fifth 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 his aubcontractoro, and ach of their cmployeeo must have on their peroon a valid card certifying their prior attendance at a Vi -i.ter /Contractor Cafcty Orientation Program conducted by the City Water Department rcroonncl. A Vioitor /Contractor Safety Orientation Program will be offered by authorised City Water Department personnel for those peroono who do not have such a card, and who dcairc to perform any work within any City water facility. For additional information refer to Attachment 1. to City water facility at any time. All ouch itcmo must be operated by an operator or other authorized maintenance employee of thc City Water Department. C. Protection of Water Quality The City muot deliver .water of drinking quality to ito cuotomcro at all times. The Contractor ohall protect the quality of the water in the--job site —and ohall coordinate its work with the City Water Department to protect the quality of thc water. D. Conformity with ANSI /NSF Standard 61 All materialo and equipment used in the repair, reassembly, transportation, rcinotallation, and inopection of pumpo, or any other itcma, which could come into contact with potable water, must conform Standards Institute /National Sanitation Ctandard 61 as described in the Standard Foundation (ANSI /NEF) Epccificationa . Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, er hydraulic equipment. Those items must not be used unless they conform with ANSI /NSF Standard 61 and unless such items are inspected on the site by authorised City personnel immediately prior to use. The Contractor shall provide the Engineer with copica -ef written proof of ANCI /NCF Etamdard 61 approval for all materials which could come into contact with potable water. Section A - SP (Revised 12/15/04) Page 15 of 22 designated by City Watcr Department staff. All Contractor vchicica must be clearly labeled with company name. No private employee vchicico are allowcd at O. N. Stevens Water Tr atmcnt Plant. All peroonnei moot be in eempany vtea. During working hourc, directed by City Water Department peroonnel during cmcrgency evacuation. ACQUISITION) performcd only by qualified technical and supervisory peroonnel, ao includco, but io n.-et limited te, modifzcationo, additions, changco, oelcctiono, furnishing, inotalling, eennecting, programming, cuotomizing, debugging, calibrating, or placing in operation all hardware and /or ooftwarc opecified or rcquircd by thcoc spccif ictationo . The Contractor or his oubcentractor propooing to perform thc SCADA 1. He io regularly cngagcd in the computer baocd monitoring and water and waotcwater industry. 2. He hao performed work on oyotcmo of cemparablc oizc, type, and eemp-lexity ao required in thic Contract on at aot three prior projects. herein for at 1 aot 5 ycaro. Eyotcmc Engineer, or an Electrical- Engineer to aupervioc or completed a manufacturcr'-o- implcmcnting thc opccific propoocd for thc Contract. G. He maintaino a permancnt, facility within 100 milco training course in configuring- and eemputero, RTUS's, and ooftwa e fully otaffcd and equipped ocrvico of thc Projcct oitc to maintain, 7. He ohall furnioh equipment which s thc product of one Section A - SP (Revised 7.2/15/04) Page 16 of 22 onc manufacturer. S. Prior performance at thc O. N. Ctcvcna Water Tr atmcnt Plant programa thc new work for thin Project. 9. The Contractor shall product all filled out programming block€ required to show the programming ao needed and required, to add these two ayatcmo to the existing City CCADA system. Attached io an example of the required programming blocks which the City rcquirca to be filled in and given to thc City Engineer with all changco made during thc programming phase. The attached required ahccto. blocks used. L. Trenching Requirements project.. A -36 Other Submittals The Contractor will provide all programming 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. Rcproduciblcs: In addition to thc required copies, the Contractor shall aloo :submit onc (1) reproducible transparency for all shop 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. Section A - SP (Revised 12/15/04) Page 17 of 22 h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and •suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard .colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) Undcr " Cencral Droviaeee and Requiements for Mun ipal Coestrueti-on Contracts ", Conacrvation and Drought Centlegency plate as amended (the "Plan "). Th4 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 13" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) final acceptance of the improvcmcnta under Cencral Proviaien S 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. Section A - SP (Revised 12/15/04) Page 18 of 22 r". A -41 Ozone Advisory (NOT USED) Priming and hot mix paving operations must not bc conducted on days for which an will not be counted as a work day and the Contractor will bc compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, 'employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in .connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, 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 shad be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vcrti al) of all facilities. b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with rcd pencil, to show as Horizontal changes. Changes in and vertical dimensions duc to substitutions /field equipment and dimensions duc to substitutions. Section A - SP (Revised 12/15/04) Page 19 of 22 (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) The Contractor shall be responsible for thc disposal of water used for testing, disinfection and lisp flushing in an approved manner. Contaminadxt -p- in the water, exceed thc permissible limits for discharge into wetlands or environmentally sensitive ar as. These arc regulated by numerous agencico ouch as TNRCC, EPA, methods of disposal shall be submitted to the City for approval. There shall be A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) proposed pipelines of thc project and Contractor shall survey thc exact vertical pipelines of the project, Contractor shall excavate and expose paid exiting pipelines at a maximum of 300 feet O.C. and- Contractor shall survey the accurate horizontal and vertical locations of said paralle -1 pipelines at 300 feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Oder of pipelines excavated and surveyed, as well as the approximate station thcrcof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no const :ettenwork on the project until all exploratory excavations have been made. in their entirety, the results thereof reported to the Engineer and until Contractor receives EngincerTp approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement own survey work effort (no ocparatc 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 CP &L and inform CP&L4 of his construction schedule with regard to said overhead lines. Section A - SP (Revised 12/15/04) Page 20 of 22 Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractors sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 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." Section A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT # E10155 OWNER: CITY OF CORPUS CHRISTI WASTE WATER DEPARTMENT ENGINEER: Felix Ocaaas, Engineering & Construction Management Services CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Subm. No. Submittal Item Submittal Date Actual Subm. Date Approval Date Revision No. Revision Approval Date 1. Special Prov. A -28, 29, & 30 Bid Date Plus 5 days 2. Bonds & Insurance 5 days after Award Notice 3 Project Schedule Prior to PreCon 4 Construction Invoices with Certified Payrolls & Progress Monthly 5 Concrete Design Mix Prior to PreCon 6 Limestone Source & Certifications Prior to PreCon 7. Backiill Material Prior to PreCon 8 HMAC Design Mix . Prior to PreCon 9 Delivery Order Proposals As- Required 10. Project Closeout Documentation Prior to Project Acceptance Section A - SP (Revised 12/15/04) Page 22 of 22 AGREEMENT A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19TH day of APRIL, 2011, 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 RCM Constructors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $426,600.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO.E10155 (TOTAL BASE BID: $426,600.00) 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. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -II 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 365 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 (Seal.B.elo ) "'..If Person signing, for ccixps :ra.tion as not = :President,;µ attach.. copy of authorization to- :zsign) CITY OF CJ PUS CHRIS By: A4/-- Juan Perales, ,,°r. , P . E. Assistant City Manager Engineering /Development Services By: Pete naya P.E. Director of Engineer ng Services CONTRACTOR RCM Cons uctors, Inc. By: L (+ / ' a► u Title: AV P.O. BOX 9338 (Address) CORPUS CHRISTI, TX 78469 (City) (State)(ZIP) 361/299 -1191 * 361/299 -1201 (Phone) (Fax) di:211122.2 3 AUTHORUEO it( COUNCIL .124L161 � •. AR sa ` SECRETARY Page 3 of 3 Rev. Jun -2010 PROPOSAL FORM F O R WASTEWATER SERVICE LINE REPAIR AND CLEAN —OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO. E10155 DEPARTMENT OF ENGINEERING SERVICES CITY or CORPUS CHRISTI, TEXAS PRDPOSAL TORN 1 of 10 PROPOSAL _ Proposal of RCM CONSTRUCTORS, INC OR Place: Date: FEBRUARY 16, 2011 a Corporation organized and existing under the laws of the State of TEXAS a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: WASTEWATER SERVICE LINE REPAIR AND CLEAN —OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO. E10155 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: PROPOSAL FORM 2 of 10 WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO. E10155 Part "A" Wastewater Service Ling Repair Clean -ova 2nsta1 + PROPOSAL FORM 3 of 10 11 III IV V BID ITEM QTY & UNITS DESCRIPTION UNIT PRICE IN FIGURES ""_ TOTAL PRICE IN FIGURES • 1. 200 EA 4" Clean -outs, complete in place, each. , per $ 350.00 $ 70,000.00 2. 7 EA 6" Clean -outs, complete in place, per each $ 50,00 $ 350.00 3. 2800 L.F. Remove and replace all 4" pipe from the property line/utility easement to and including the bend, complete in place per linear foot. $ 40.00 $ 112,000.00 4_ 140 L.F. Remove and replace all 6" pipe from the property line/utility easement to and including the bend, complete in place per linear foot. $ 9.00 $_ 1 260.00 5. 280 L.F. Remove and replace all 4" pipe from the bend to the main, where main depth is 0 to 5 feet, complete in place per linear $ 38.00 $_ 10,640.00 foot. 5A. 140 L.F. Remove and replace all 4" pipe from the bend to the main, where main depth is 5 to 10 feet complete in place per linear S 30.00 $ 4,200.00 foot. 5B. . 140 L.F. Remove and replace all 4" pipe from the bend to the main, where main depth is over 10 feet, complete in place per linear $ 20.00 $ 2,800.00 foot. 6. 140 L.F. Remove and replace all 6" pipe from the bend to the main, where main depth is 0 to 5 feet, complete in place per linear $ 9.00 0 s_12§2.00 foot 6A. 70 L.F. Remove and replace all 6" pipe from the bend to the main, where main depth is 5 to 10 feet,. complete in place per linear $ 9.00 $ 630.00 foot. _ 1 PROPOSAL FORM 3 of 10 WASTEWATER SERVICE LINE REPAIR & CLEAN -OUT INSTALLATION-1 AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011- PROJECT #1 E10155 11 111 IV V BID ITEM QTY & UNITS UNIT DESCRIPTION PRICE IN FIGURES 4� TOTAL PRICE IN FIGURES 6B. 70 L.F. Remove and replace all 6" pipe from the bend to the main, where main depth is over 10 feet complete in place per linear $ 9.00 $ 630.00 foot. 7. 1 980 L.F. Trench Safety Measures, complete in place $ 0.90 $ 882.00 per linear foot. 8. 14 EA Install new taps to main in accordance with City standard plans and specifications, replacing (1) one joint of main, where $ 400.00 . $ 5,600.00 main depth is 0 to 5 feet, complete in place per each. 8A. 7 EA Install new taps to main in accordance with City standard plans and specifications, replacing (1) one joint of main, where $ 350.00 $ 2,450.00 main depth is 5 to 10 feet complete in place per each. 8B. 7 EA Install new taps to main in accordance with City standard plans and specifications, : replacing (1) one joint of main, where $ 250.00 main depth is over 10 feet, complete in $ 1,750.00 place per each. 9. 280 L.F. Additional main line removal and replacement, complete in place per linear $ 12 600.00 foot. $ 45.00 10- 140 L.F. Remove and reinstall existing fence, complete in place per wear foot $ 1.80 $ 252.00 11. Sod, complete in place per square foot. $ 4.50 S 90.00 12. 490 SF Concrete flatwork repair, (driveways, sidewalks) in accordance with City $ 10.80 $ 5,292.00 standard plans and specifications, complete in place per square foot._ PROPOSAL FORM of 10 - WASTEWATER SERVICE LINE REPAIR & CLEAN AND MANHOLE RING AND COVER ADJUSTMENT FY 2011 PROJECT # E01055 -OUT INSTALLATION PROGRAM 1 II III 1V V BID ITEM , QTY UNITS DESCRIPTION UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES 13. 210 EA Closed circuit television pipeline inspection of service line/taps (1 foot to 40 feet) from the cleanout down to the Sewer main (see technical specification T-2), complete in place per each. . $ 3.60 $ 756.00 14. 1400 L.E. Closed circuit television pipeline inspection of replaced mains. Contractor must televise, after rehabilitation, the replaced main $ 1.00 - $ 1,400.00 portion or, a minimum of ten feet in both directions from new main tap, whichever is greater (see technical specification T -2), complete in place per Linear Foot. _ . 14A. 1400 L.F. Closed circuit television pipeline inspection of exposed and accessible, existing mains. Contractor must televise a minimum of ten feet in both direction from existing maul tap, (see technical specification T-2), complete in place per Linear Foot. $ 1.80 $ 2,520.00 15 . 56 ' SY Flexible base- caliche repair, complete in place per square yard. $ 7.00 $ 392.00 16. 280 SY Asphalt pavement repair, complete in place per square yard. Installation of driveway clean out boot, complete in place per each, $ 20.00 $ 5,60QA0 $ 1,200.00 $ 200.00 17. 6 EA 18. 5 EA Install new taps to main in accordance with City Standard plans and specifications, replacing (1) joint of pipe penetrating the manhole, complete in place per each. $ 200.00 $ 1,000.00 19 35 L.F. Curb and Gutter Replacement, complete in place per Linear foot. $ 18.00 $ 630.00 TOTAL PART "A" (Items 1 thru 19) $ 246,184.00 PROPOSAL PORN 5 of 1D Part "H° Sanitary Sewer Manhole Ring and Cover Adjustment TOTAL PART "B" (ITEMS B1-B2): $ 151,600.00 BID ITEM QTY & UNITS DESCRIPTION UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES B-10 Sanitary Sewer Manhole Ring & cover Adjustments, including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and with Concrete Collar, complete in place per each. $ 1,000.00 $ 150,000.00 B -2 80 S.Y. Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square $ 20.00 $ 1,600.00 Yard. TOTAL PART "B" (ITEMS B1-B2): $ 151,600.00 Part "C° Storm Water Manhole Ring and Cover Adjustment I 11 11I Iv l BID ITEM QTY & UNITS DESCRIPTION 'ION UNIT PRICE IN FIGURES TOTAL PRICE IN FIGURES C -1 100 EA. Storm Water Manhole Ring & cover Adjustments, including New Manhole Ring & Cover Assembly with New Height adjustment Rings and new Concrete Collar, complete in place per each. $ 750.00 $75,000.00 C -2 80 S.Y. Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square $ 20.00 y� $ 1,600.00 Yard. TOTAL PART `C" (ITEMS Cl -C2) : $ 76,600.00 SUMMARY OP BID 1. TOTAL PART "A" (ITEMS 1 -19) 2. TOTAL PART "8" (ITEMS B1 -B2) 3. TOTAL PART "C" (ITEMS C1 -C2) TOTAL BASE BID MOUNT $ 246,184.00 $ _ 151,600.00 w w $ 76,600.00 $ 474,384.00 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. PROPOSAL FORM 7 of 10 Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Bete of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 365 calendar days from the date designated by a Work Order. In Addition the working time for completion will be stated in each individual Delivery Order. The working time will be counted from the time the Deliver order is approved and issued. See Special Provisions A -6 for other completion requirements. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : RECEIVED ADDENDA #1 ON 2/11/2011 AND ADDENDA #2 ON 2(1112011 (SEAL - IP BIDDER IS a Corporation) Respectfully submitted: Name, Rollo Mendoza Sy: (s:mn1'i'aii Andreas, PO Box 9338 (P.O. Soot) (Street) Corpus Christi, Texas 78469 (City) (State) sip) Telephone, 361- 299 -1191 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. PROPOSAL FORM B of 10 (Revised July 2040) 3j LT P E R F O R M A N C E BOND BOND NO. 58671118 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and WESTERN SURETY COMPANY , a corporation organized under the laws of the State of SOUTH DAKOTA 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 FOUR HUNDRED TWENTY -SIX THOUSAND, SIX HUNDRED AND NO /100 {$426,600.00) 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 19TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO.E10155 (TOTAL BASE BID: $426,600.00) 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 P E R F O R M A N C E B O N D BOND NO 5861118 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and WESTERN SURETY COMPANY , a corporation organized under the laws of the State of SOUTH DAKOTA 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 FOUR HUNDRED TWENTY -SIX THOUSAND, SIX HUNDRED AND NO /100 ($426,600.00) 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 19TH of APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO.E10155 (TOTAL BASE BID: $426,600.00) 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 requiremnents 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 27TH day of APRIL , 20 11 . PRINCIPAL RCM CONSTR ORS, INC. By: 04,44 A/2 4k .ROLANDO MENDOZA, PRESIDENT (Print Name & Title) ATTEST J7///12(> CHARLES WEBB, SECRETARY (Print Name & Title) SURETY WESTERN SURETY COMPANY By: Attorn:jin -fact MARY ELLEN MOORE (Print Name) Agency: Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 SWANTNER & GORDON INSURANCE AGENCY (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 k i STATE OF TEXAS § P A Y M E N T B O N D BOND NO. 58671118 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and WESTERN SURETY COMPANY a corporation organized under the laws of the State of _soOTH DAKOTA , 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 Cesirms nay, Texas, hereinafter called "City ", and unto all persons, corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FOUR HUNDRED TWENTY —SIX THOUSAND, SIX HUNDRED AND NO /100 ($426,600.00) 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 principal entered into a certain contract with Christi, dated the 19TH day APRIL , 20 11 , hereto attached and made a part hereof, for the WASTEWATER SERVICE LINE REPAIR AND�T PROGRAM FY INSTALLATION AND MANHOLE RING AND COVER AD PROJECT NO.E10155 (TOTAL BASE BID: $426,600.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all p ersons, firms, labof and subcontractors, corporations and claimants supplying 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 to time, alteration r or addition to the terms of the contract, or performed thereunder. THAT: Whereas, the the City of Corpus a copy of which is construction of: Payment Bond Page 1 of 2 P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 5861118 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT RCM Constructors, Inc. of NUECES County, Texas, hereinafter called "Principal ", and WESTERN SURETY COMPANY a corporation organized under the laws of the State of SOUTH DAKOTA 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 FOUR HUNDRED TWENTY -SIX THOUSAND, SIX HUNDRED AND NO/100 ($426,600.00) 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 19TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 PROJECT NO.E10155 (TOTAL BASE BID: $426,600.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27TH day of APRIL , 20 11 . PRINCIPAL RCM CONSTRUCTORS, INC. By: ROLANDO MENDOZA, PRESIDENT (Print Name & Title) ATTEST (4 ,;k1/,:4‘5'/' CHARLES WEBB, SECRETARY (Print Name & Title) SURETY WESTERN SURETY COMPANY By: Attorne n -fact MARY ELLEN MOORE (Print Name) Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: Phone Number: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361 - 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Steve Addkison, Tami J Duncan, Cathleen Hayles, Individually of Corpus Christi, TX, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of January, 2011. State of South Dakota County of Minnehaha ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 24th day of January, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 +°sahhy�syagaa44,66aaaaaaaggy + 8 s D. KRELL s NOTARY PUBLIC SQL a SOUTH DAKOTA e 'F4aS�SShSSaa aahaaaaaasshhh + CERTIFICATE D. Krell, No y Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2 7TH day of APRIL 2011 Form F4280 -09 -06 WESTERN SURETY COMPANY 21"211-1"."1"Li/ L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Western Surety Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Western Surety Company at 605- 336 -0850. 3 You may call Western Surety Company's toll -tree telephone number for information or to make a complaint at: 1- 800 - 331 -6053 4 You may also write to Western Surety Company at: P.O. Box 5077 Sioux Falls, SD 57117 -5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800- 252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -Mail: Consumerprotection @tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Western Surety Company first. If the dispute is not resolved. you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form 1'129-4-2008 AVISO IMPORTANTE Para obtener informacion o pars someter una queja: Puede comunicarse con Western Surety Company al 605 - 336 -0850. Usted puede Ilamar al numero de telefono gratis de Western Surety Company's pars informacion o para someter una queja al: 1-800- 331 -6053 Usted tambien puede escribir a Western Surety Company: P.O. Box 5077 Sioux Falls, SD 57117 -5077 Puede comunicarse con el Departamento de Seguros de Texas pars obtener informacion acerca de companies, coberturas, derechos o quejas al: 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E- Mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Western Surety Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamenta (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. City of Com Ciro ti SUPPLIER NUMBER To BE ASSIGNED BY CITY PURCHASING DIV CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17I 12, as amended, requires all persons or firms seeking to do business with tine City, to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: RCM CONSTRUCTORS, INC P. 0. BOX: P.O. BOX 9338 ZIP 78469 STREET ADDRESS: 7243 UP RIVER RD. COY: CORPUS CHRISTI ZIP: 78409 FIRM IS 1. Corporation 0( 2. Partnership ❑ 3. Sole Owner (] 4. Association ❑ 5. Other �— DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesP'constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firer." Name PROPOSAL FORA 9 of 10 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit_ on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)) CERTIFICATION I certify that all information provided is true and correct as of the dale of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: ROLANDO MENDOZA PRESIDENT (Type a.Prim) Signature of Certifying Person: _4( DEFINITIONS Date; a. "Board member." A member of any board, commission, or committee appointed by the City Council ofthe City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture; zeceivership or trust, and entities which for purposes of taxation am treated as non -profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." e. f. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM 10 Of 10 CERTIFICATE OF LIABILITY INSURANCE DATE (MMVDDYYYYY) 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 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the 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 may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 361- 883 -1711 Swantner & Gordon Ins Agcy-CC A Higginbotham Company 361 -844 -0101 PO Box 870 Corpus Christi, TX 78403 -0870 Mike Garza CONTACT NAME (AJC. N, E,�}:361- 883 -1711 A/C, No): 361 -844 -0101 E -MAIL PRODUCER CUSTOMER ID a: RCMCOC 1 INSURERS) AFFORDING COVERAGE NAIC # INSURED RCM Constructors, Inc. Attn: Rolando Mendoza P.O. Box 9338 Corpus Christi, TX 78469 INSURER A : First Mercury Ins. Co. 10657 _ INSURER a : Southem Insurance Co 19216A 22945 INSURER C : Texas Mutual Ins CO INSURER 0: INSURER E : FMTX007704 INSURER F : 07118/10 COVERAGES CERTIFICATE NUMBER: 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. INSR LTR TYPE OF ADDL INSR SUBR MD POLICY NUMBER POLICY EFF IMMIDD/YYYY1 POLICY EXP IMMIDDFYYYY1 LIMITS A GENERAL ;TRANCE LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR FMTX007704 07118/10 EACH OCCURRENCE $ 1,000,000 X 0711811111 PR' MISES (Ea occurrence) $ 50,000 CLAIMS -MADE X v/ EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 X Broad Form PO GENERAL AGGREGATE / $ 2,000,000 V GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 2,000,000 X POLICY PRO" LOC $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNEDAUTOS BAP550363801 07118/10 0711 COMBINED SINGLE LIMIT (Ea accident) tvz 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) X X $ $ A X UMBRELLA LIAR X OCCUR CLAIMS -MADE CETX001152 07/18/10 07/18/11 I7 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB AGGREGATE $ V 1,000,000 DEDUCTIBLE RETENTION $ $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER /EXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory! in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y N $ A TSF0001119432 07/19110 .07119111 ! X TORY L M T O -S i ER E.L. EACH ACCIDENT $ $ /1,000,000 V 1,000,000 Y E.L. DISEASE - EA EMPLOYEE below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more spa is required} RE: Project #E10155 - Wastewater Service Line Repair & Clean -Out Installation and Manhole Ring & Cover Adjusment Program FY 2011 V See attached Notepad for additional coverages and provisions. CERTIFICATE HOLDER CANCELLATION CICC -CO City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 1 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 (2009109) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD.: HOLDER CODE CICC -CO INSURED'S NAME RCM Constructors, Inc. RCMCOCI OP ID: MYDA PAGE 2 DATE 04126,11 CERTIFICATE HOLDER: CITY OF CORPUS CHRISTI RE: Project #E10155 Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program FY 2011 Additional Insured in favor of the City of Corpus Christi as required by written insured contract applicable to General Liability & Auto Liability. Waiver of Subrogation in favor of the City of Corpus Christi as required by written insured contract applicable to General Liability, Auto liability & Workers Compensation. Umbrella follows form. All policies exce t Umbrella provide 30 -Days Notice of Cancellation, except 10 -Days for Non - Payment of Premium. (The Mteching Clause need be completed oriywhen this endorsement Is issued subsequent to prepurWon of the policy.) ENDORSEMENT #1 This endorsement, effective on 07/18/2010 at 12:01 AM. standard time, forms a part of (DATE) Policy No. FMTX007704 ( of the FIRST MERCURY INSURANCE COMPANY (NAME OF INSURANCE COMPANY) Issued to RCM Constructors Inc f By CoverX Corporation Ar Authorized Represeritedve AMENDMENT OF ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS It is understood and agreed the folkming paragraph is added to the endorsement CG 2010 07 04, CG 2033 07 04, CG 20 3310 01. or CG 20 37 0704 where applcab(e: The insurance provided to the person or organization shown in the schedule of the endorsement is primary insurance and we will not seek contribution from any other insurance or self- insurance maintained by the additional insured (s), but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by your ads or omissions or the acts or omissions of those acting on your behalf. GU 207 (Ed. e-7e) Page 1 d 1 Processed Date: 07/2711012:29:15 PM Print Date: 07/271/0 03:03:51 PM POUCY NUMBERFMTXOO77Q4 CON IIFRCIAL GENERAL LIABILr'n CG24041093 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US T endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART SCHEDULE Nano of Person or Organization: Any person or organization, trustee, estate or government entity to whom or to which the Named Insured is obligated, ter virtue of written contract to provide Insurance, Such As Is Afforded By This Policy. (If no entry appears above, information required to complete this endorsement wIl be shown in the Declarations as app cable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work` done under a contract with that person or organization and included in the "products-completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 O41 O 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: SAP 5503638 01 COMMERCIAL AUTO CA04G30604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f 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 Farm apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the poky unless another data is indicated below. Endorsement Effective: 07/18/2010 Named Insured: RCM CONSTRUCTORS, INC Countersigned By: (Authorized Representative) SCHEDULE Name and Address of Additlona l Insured: CITY OF CORPUS CHRISTI PO SOX 9277 Corpus Christi, TX 78469 (If no entry appears above, information required to complete this endorsement will be shown in the Dedarations as applicable to this endorsement) A. Who Is An Insured (Section 11) is amended to include as an 'insured' the person(s) or organiza- tion(s). shown in the Schedule, but only with re- spect to their legal liability for acts or omissions of a person for whom liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or eamed from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this pofrcy. If we cancel, we will give 10 days notice 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. CA 04 03 0604 ©ISO Properties, Inc., 2003 Page 1 of 1 0 POLICY NUMBER BAP 5503638 01 ki COMMERCIAL AUTO CA 20 89 0604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF V RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE 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 modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 07/18/2010 Named insured: RCM CONSTRUCTORS, INC (Authorized Representative) SCHEDULE Name Of Persons) Or Organization(s): CITY OF CORPUS CHRISTI Additional Premium) Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. CA 20 89 0604 ® ISO Properties, Inc., 2003 Page 1 of 1 0 COMMERCIAL GENERAL LIABI1,TTy CG 02 05 01 96 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: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineering Services Attn: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 -9277 Number of days advance notice: THIRTY (30) V Named Insured: RCM Constructors, Inc. Policy Number. FMTX007704 Effective Date of This Endorsement: 07/18/10 Name (Printed): R. M. Lee Title (Printed): Managing Partner CG0205 (01/96) POLICY NUMBER BAP 5503638 01 tf� COMMERCIAL AUTO CA 02 44 08 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: 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 modi- fied by the endorsement This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 07/18/2010 Named Insured: RCM CONSTRUCTORS, INC Countersigned By: SCHEDULE (Authorized RePresentatiive) Number of Days' Notice 30 Name Of Persen Or Organization CITY OF CORPUS CHRISTI Address PO BOX 9277 Corpus Christi, TX 78469 f *EXCEPT 10 DAYS IN THE EVENT OF NON - PAYMENT OF PREMIUM 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. CA 02 44 08 04 ©ISO Properties, Inc., 2003 Pagelofl InsuranceCampany WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WORKERS' COMPENSATION AND EMPLOYERS l_IABIUTY INSURANCE POLICY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3A. of the information Page. We have the right to recover our payments from anyone liiabte for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( )( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumi5h this waiver. 2. Operations: ALL TEXAS OPERAT I oNS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with wort performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium 1 NCLUDED , SEE INFORMATION PAGE. This andorsemei change* the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following -attaching clause need be completed only when this endorsement is issued subsequent to preparation of she pdicy.) This endorsement, etfedtve on d at 12:Of A.M. standard time. forms a part of Policy No. TSF -00011 19432 20100719 of the Texas Mutual Insurance Company Issued to RCM CONSTRUCTORS I NC Premium $ WC420304A (E0.1-01- 2000) INSURED'S COPY Endorsement No. Authorized Representative AAPAVIA 7 -20 -2010