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C2011-198 - 4/19/2011 - Approved
Jhabores Construct 2011 -198 M2011 -092 04/19/11 _;r on Co. (Revised 7/5/00) VETERANS CEMETERY EFFLUENT LIFT STATION LIFT STATION AND FORCE MAIN PROJECT NO. 7429 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A -- SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals/Pre-Bid Meeting A -2 Definitions and Abbreviations A -3 .Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion/Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A--16 Disposal /Salvage of Materials A 17 Field Office NOT USED A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and.Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (Rcviocd 7/5/00) NOT USED A -24 Surety Bonds A 25 Sales Tax Dxcmption NOT USED A -26 Supplemental insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents NOT USED A -36 .Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation. Coverage for Building or - Construction. Projects for Government Entities A 33 Certificate of Occupancy and Final Acccptanco NOT USED 'FOC 1/4 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) A 16 Disposal of Highly Chlorinated Water (7/5/00) NOT USED A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Lump Sum Base Bid A -51 Dewatering A -52 Allowance A -53 Amended Prosecution and Progress PART B - GENERAL PROVISIONS PART C -- FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 - SITEWORK 1 SECTION 021020 2 SECTION 021040 3 .SECTION 021080 4 SECTION 021340 5 SECTION 022020 6 SECTION 022022 7 SECTION 022100 8 SECTION 022420 9 SECTION 023020 10 SECTION 025205 11 SECTION 025220 12 SECTION 025404 13 SECTION 025412 14 SECTION 025424 15 SECTION 025612 16 SECTION 025802 17 SECTION 026202 18 SECTION 026206 19 SECTION 026210 20 SECTION 026602 21 SECTION 028020 Site Clearing and Stripping Site Grading Removing Old Structures Bank Sand Backfill and Bedding. Excavation & Backfill for Utilities and Sewers Trench Safety for Excavations Select Material Silt Fence Jacking, Boring or Tunneling (S -65) Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement Flexible•Base - Limestone Asphalts, Oils and Emulsions, (S -29) Prime Coat Hot Mix Asphaltic Concrete Pavement (Class A) Concrete Sidewalks & Driveways Temporary Traffic Controls During Construction Hydrostatic Testing of Pressure System Ductile Iron Pipes & Fittings Polyvinyl Chloride Pipe (AWWA C900 & C905 Pressure Pipe for Municipal Water Mains and Sanitary Sewer Force Mains) Installation of Sanitary Sewer Force Main Seeding DIVISION 3 - CONCRETE 22 SECTION 030020 Portland Cement Concrete 23 SECTION 032020 Reinforcing Steel 24 SECTION 037040 Epoxy Compounds 25 SECTION 038000 Concrete Structures TOC - 2/4 DIVISION 5 — METALS 26 SECTION 055420 Frames, Grates, Rings & Covers PART T -- TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 27 SECTION 010010 General Construction Requirements 28 SECTION 013010 Contractor's Submittals DIVISION 2 UTILITIES 29 SECTION 026604 Air Release Valves (Non - Potable Water Application) DIVISION 3 -- CONCRETE 30 SECTION 038020 Cement Stabilized Sand DIVISION 15 — MECHANICAL 31 SECTION 151030 Eccentric Plug Valve 32 SECTION 151040 Check Valves 33 SECTION 151620 Submersible Pumps for Wastewater DIVISION 16 — ELECTRICAL 34 SECTION 160100 Electrical General Requirements 35 SECTION 164020 Electrical Wiring System 36 SECTION 016990 Ultrasonic Flow Measuring Equipment .LIST OF DRAWINGS SHEET DESCRIPTION GENERAL 1 Title Sheet 2 Estimated Quantities, Legend and General Notes 3 Overall Site Plan 4 -7 Survey Sheets 1 -4 FORCE MAIN & EFFLUENT-LINE IMPROVEMENTS 8 Force Main Plan and Profile (Sta. 0 +00 - 8 +00) 9 Force Main Plan and Profile (Sta. 8 +00 -- 16 +00) 10 Force Main Plan and Profile (Sta. 8 +00 - 24 +00) 11 Force Main Plan and Profile (Sta. 24+00 - 32+00) 12 Force Main Plan and Profile (Sta. 32 +00 - 40 +00) 13 Force Main Plan and Profile (Sta. 40 +00 - 48 +00) 14 Force Main Plan and Profile (Sta. 48 +00 - 56 +00) 15 Force Main Plan and Profile (Sta. 56 +00 - 64 +00) 16 Force Main Plan and Profile (Sta. 64 +00 - 65 +83) EFFLUENT LIFT STATION IMPROVEMENTS 17 Effluent Lift Station Demolition & Mechanical Improvements Plan 18 Electrical Details, Diagram and Legend 19 Electrical One Line, Riser Diagram & Control Panel Rack 20 Miscellaneous Details 21 -25 City of Corpus Christi Wastewater Details STORM WATER POLLUTION PREVENTION PLAN 26 SW3P Narrative 27 Storm Water Pollution Prevention Details (SW3P) 1 of 2 28 Storm Water Pollution Prevention Plan (SW3P) 2 of 2 TRAFFIC CONTROL PLAN 29 Traffic Control Plan 30 -32 TxDOT Barricade and Construction Standards: [BC(2), BC(4) & BC(5)j NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TOC - 4/4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN, PROJECT NO. 7429; project consists of installing approximately 5,550 linear feet of 18 -Inch, C -905 PVC Pressure Pipe, 1,025 LF, C- 900 PVC Pressure Pipe and two new 60 HP Submersible Pumps in existing Effluent Lift Station complete with a duplex pump controller. The work also requires installation of approximately 225 linear feet of 30" dia. steel casing by boring, 18 linear feet of 24" and 35 LF of 30" Dia. steel casings by open cut method with related concrete and asphalt paving repairs and installation of all appurtenances required for a fully operational system, complete in place, 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, March 16, 2011 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Tuesday, March 8, 2011 and will be conducted by the City_ The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5o bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as :a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents: obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS. /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard • 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT - AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED • NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional i cured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of o erationsu on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an e dorsement to the applicable insurance policy, signed by the insurer, provi ing the City with thirty (30) days prior written notice of cancellation o or material change on any coverage. The Contractor shall provide to the C'ty 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 require contact the Contract Administrator at 880 -3500. eats, please Page 2 of 2 NOTICE TO CONTRACTORS .� ��, ....J NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS '7 Page 1 of 11 _ TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISI WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Constru Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following unless the context clearly indicates otherwise. Terms not defined in this rule shall ha meaning defined in the Texas Labor Code, if so defined. N OF on earrings, e the (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a c - " cate of authority to self-insure issued by the commission, or a workers' compensation cove . e agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory wor ers' compensation insurance coverage for the person's or entity's employees (including th s se subject to a coverage agreement) providing services on a project, for the duration of the prof :',ct. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor A person bidding for or awarded a building or construction project +'y a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requiremen of the Texas Labor Code, §401.011(44). (5) Coverage agreement A written agreement on form TWCC -81, form TWCC -82 TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commi establishes a relationship between the parties for purposes of the Texas Workers' Co Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one o employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. form lion which pensation (6) Duration of the project—Includes the time from the beginning of work on the pr= jest until the work on the project has been completed and accepted by the governmental entity (7) Persons providing services on the project C'subcontractor" in §406.096 of the A )—With the exception of persons excluded under subsections (h) and (i) of this section, includes persons or entities performing all or part of the services the contractor has undertaken to perf rm on the project, regardless of whether that person contracted directly with the contractor and - gardless of whether that person has employees. This includes but is not limited to independen contractors, subcontractors, leasing companies, motor carriers, owner - operators, - +_ = i oyees of any such entity, or employees of any entity furnishing persons to perform services o +'I the project. Page 2 of 11 "Services or provi include a deliveries (8) Proj for a gov includes but is not limited to providing, hauling, or delivering equipment or materials, g labor, transportation, or other service related to a project. "Services" does not vities unrelated to the project, such as food/beverage vendors, office supply and delivery of portable toilets. -- Includes the provision of all services related to a building or construction contract ental entity. (b) Provi : . g or causing to be provided a certificate of coverage pursuant to this rule is a represents on by the insured that all employees of the insured who are providing services on the project - covered by workers' compensation coverage, that the coverage is based on proper reporting f 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 commissi9n's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, +r 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 o;E the project to administrative penalties, criminal penalties, civil penalties, or other civil actro s. (c) A gov (1) inclu the langua (2) as p require th (3) ob the proj rnmental entity that enters into a building or construction contract on a project shall: e in the bid specifications, all the provisions of paragraph (7) of this subsection, using e required by paragraph (7) of this subsection; of the contract, using the language required by paragraph (7) of this subsection, contractor to perform as required in subsection (d) of this section; from the contractor a certificate of coverage for each person providing services on , prior to that person beginning work on the project; (4) ob . from the contractor a new certificate of coverage showing extension of coverage: (A) bef o re the end of the current coverage period, if the contractor's current certificate o f coverage s F i ws that the coverage period ends during the duration of the project; and (B) no ter than seven days after the expiration of the coverage for each other person providing - 'ces 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) provi - a copy of the certificates of coverage to the commission upon request and to any person en ' tied to them by law; and (7) use without document Graphic language contained in the following Figure 1 for bid specifications and contracts, additional words or changes, except those required to accommodate the specific which they are contained or to impose stricter standards of documentation: Attached Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the dura project based on proper reporting of classification codes and payroll amounts and coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to th governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new c coverage showing extension of coverage, if the coverage period shown on the contrac 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 gove entity: (A) a certificate of coverage, prior to that person beginning work on the project, so governmental entity will have on file certificates of coverage showing coverage for al providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of cov showing extension of coverage, if the coverage period shown on the current certifiicat coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, days after the contractor knew or should have known, of any change that materially 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 they are required to be covered, and stating how a person may verify current coverag failure to provide coverage. This notice does not satisfy other posting requirements the Act or other commission rules. This notice must be printed with a title in at least 3 bold type and text in at least 19 point normal type, and shall be in both English and S any other language common to the worker population. The text for the notices shall following text provided by the commission on the sample notice, without any additio or changes: Attached Graphic n of the g of any (8) contractually require each person with whom it contracts to provide services on (A) provide coverage based on proper reporting of classification codes and payroll and filing of any coverage agreements for all of its employees providing services on for the duration of the project; Q3) provide a certificate of coverage to the contractor prior to that person beginnin the project; (C) include in all contracts to provide services on the project the language in su of this section; Page 4 of 11 e persons rage of d for one 'thin ten ects the ject that and report sed by point anish and the words project to: ants e project, work on non (e)(3) (D) p • ide the contractor, prior to the end of the coverage period, a new certificate of coverage . howing extension of coverage, if the coverage period shown on the current certificate of covera .e ends during the duration of the project; (E) ob from each other person with whom it contracts, and provide to the contractor: (i) a c ' • cate of coverage, prior to the other person beginning work on the project; and (ii) p or 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) re . all required certificates of coverage on file for the duration of the project and for one year there: "er; (G) not 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 + f coverage of any person providing services on the project; and (H) co ' " • tually require each other person with whom it contracts, to perform as required by subpara a ; phs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person fo whom they are providing services. (1) pro project ba coverage n providing services on a project, other than a contractor, shall: e coverage for its employees providing services on a project, for the duration of the ed on proper reporting of classification codes and payroll amounts and filing of any greements; (2) pro e a certificate of coverage as required by its contract to provide services on the project, p or to beginning work on the project; (3) have this con this con this con coverage classifica appropria Self -Ins to admini e following language in its contract to provide services on the project: "By signing ct or providing or causing to be provided a certificate of coverage, the person signing is representing to the governmental entity that all employees of the person signing t who will provide services on the project will be covered by workers' compensation or the duration of the project, that the coverage will be based on proper reporting of on codes and payroll amounts, and that all coverage agreements will be filed with the insurance carrier or, in the case of a self - insured, with the commission's Division of ce Regulation. Providing false or misleading information may subject the contractor tive penalties, criminal penalties, civil penalties, or other civil actions." (4) pro ' e the person for whom it is providing services on the project, prior to the end of the coverage eriod shown on its current certificate of coverage, a new certificate showing extension of covera e, if the coverage period shown on the certificate of coverage ends during the duration of the pro ect; (5) o . I from each person providing services on a project under contract to it, and provide as required .1 its contract: (A) a ; i ficate of coverage, prior to the other person beginning work on the project; and (B) psi + r to the end of the coverage period, a new certificate of coverage showing extension of the cove . _ e period, if the coverage period shown on the current certificate of coverage ends during th- duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project d for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, f any change that materially affects the provision of coverage of any person providing se s on the project and send the notice within ten days after the person knew or should have kno 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 . 11 ottnts and filing of any coverage agreements for all of its employees providing services on e project, for the duration of the project; (13) provide a certificate of coverage to it prior to that other person beginning work ' n the .project; (C) include in all contracts to provide services on the project the language in pars u ph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage s owing extension of the coverage period, if the coverage period shown on the current certific to of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the pr s ect, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the proj t; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known,, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(0) 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 c verage requirement in this rule does not apply to motor carriers who are required pursuant Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transpo tion and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(Q). (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 Nte: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the 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 contracto 's /person's work on the project has been completed and accepted by the governmental entity. Persons p or entities project, r of whethe contracto any such project. " materials, does not i deliveries, B. The co payroll a of Texas on the pro C. The Co being awa D. If the c the durati new certi extended. E. The co the gove (1) a certi governm providing (2) no lat showing coverage oviding services on the project ("subcontractor" in §406.096) - includes all persons erforming all or part of the services the contractor has undertaken to perform on the ardless of whether that person contracted directly with the contractor and regardless that person has employees. This includes, without limitation, independent , subcontractors, leasing companies, motor carriers, owner- operators, employees of tity, or employees of any entitywhich furnishes persons to provide services on the rvices" include, without limitation, providing, hauling, or delivering equipment or or providing labor, transportation, or other service related to a project. "Services" elude activities unrelated to the project, such as food/beverage vendors, office supply and delivery of portable toilets. tractor shall provide coverage, based on proper reporting of classification codes and unts and f ling of any coverage agreements, which meets the statutory requirements bor Code, Section 401.011(44) for all employees of the contractor providing services ect, for the duration of the project. tractor must provide a certificate of coverage to the governmental entity prior to ded the contract. erage period shown on the contractor's current certificate of coverage ends during n of the project, the contractor must, prior to the end of the coverage period, file a ate of coverage with the governmental entity showing that coverage has been actor shall obtain from each person providing services on a project, and provide to ental entity: cate of coverage, prior to that person beginning work on the project, so the tal entity will have on file certificates of coverage showing coverage for all persons ervices on the project; and than seven days after receipt by the contractor, a new certificate of coverage tension of coverage, if the coverage period shown on the current certificate of during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration o and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or delivery, within 10 days after the contractor knew or should have known, of any chan materially affects the provision of coverage of any person providing services on the 11. The contractor shall post on each project site a notice, in the text, form and mann prescribed by the Texas Workers' Compensation Commission, informing all persons services on the project that they are required to be covered, and stating how a perso coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to p services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll filing of any coverage agreements, which meets the statutory requirements of Texas Section 401.011(44) for all of its employees providing services on the project, for the the project; (2) provide to the contractor, prior to that person beginning work on the project, a c coverage showing that coverage is being provided for all employees of the person pr 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 showing extension of coverage, if the coverage period shown on the current certifca coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contrac (a) a certificate of coverage, prior to the other person beginning work on the project; (b) a new certificate of coverage showing extension of coverage, prior to the end of t period, if the coverage period shown on the current certificate of coverage ends duri duration of the project; (5) retain all required certificates of coverage on file for the duration of the project year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, wi days after the person knew or should have known, of any change that materially affe 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 paragraphs (1) - (7), with the certificates of coverage to be provided to the person fo are providing services. J. By signing this contract or providing or causing to be provided a certificate of cov contractor is representing to the governmental entity that all employees of the contr will provide services on the project will be covered by workers' compensation cover duration of the project, that the coverage will be based on proper reporting of classi codes and payroll amounts, and that all coverage agreements will be filed with the insurance carrier or, in the case of a self - insured, with the commission's Division of Page 10 of 11 the project ersonal e that oject. r roviding may verify ovide aunts and bor Code, duration of ficate of viding coverage of or: and e coverage g the d for one in .10 s the by whom they age, the or who e for the cation ropriate elf- 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. ..i Page 11 of 11 PART A SPECIAL PROVISIONS VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO. 7429 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, March 16, 2011. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street C rpus Christi, Texas 78401 ATTN: BID PROPOSAL - VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO 7429 Any proposals not physically in possession of the City Secretary's Office at the time and date of bicl 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 he deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held an Tuesday, 8, a.m. The meeting will convene at the Engineering Room, Third Floor, City Hall, 1201 Leopard Street, will include a discussion of the project elements visit will follow. ues y, March 2011, beginning at 10:00 Services Main. Conference Corpus Christi, Texas and If requested, a site No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B-1 of the General Provisions will govern.. A -3 Description of Project VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN, PROJECT NO. 7429; project consists of installing approximately 5,550 linear feet of 18 -Inch, C-905 PVC Pressure Pipe, 1,025 LF, C -900 PVC Pressure Pipe and two new 60 HP Submersible Pumps in existing Effluent Lift Station complete with a duplex pump controller. The work also requires installation of approxima y a.near feet of -30" dia. steel casing by boring, 18 linear feet of 24" and 35. LF of 30" Dia. steel casings by open cut method with related concrete and asphalt paving repairs and installation of all appurtenances required for a fully operational system, complete in place, in accordance with the plans, specifications and contract documents; Section A - SP (Revised 12/15/04) Page 1 of 26 A--4 Method of Award The bids will be evaluated based on the following in priority o to availability of funds: • Total Base Bid der, subject The City reserves the right to reject any or all bid irregularities and to .accept the bid which, in the City's opin advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposes 1. 5% Bid Bond (Must reference Project Name: VETERANS CEMETE LIFT STATION AND FORCE MAIN, PROJECT NO. 7429 as identi Proposal) (A Cashier's Check, certified check, money order or bank State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages to waive on, is most Y EFFLUENT led in the aft from any To minimize inconvenience to the general public and to mi exposure to dangerous conditions, the Contractor will be requir tight scheduling for construction and will be required to meet for completion of construction shown below. \The working time for completion of the Total Base Bid improvem /120 calendar days. In the event that the scope of work is authorized and executed Change Orders in conjunction with the b working time for completion of the project will be adjusted b Orders as required. Days Allocation for Rain: imize their d to follow the deadline The Contractor shall anticipate the following number of work days rain in determining the contract schedule for the contract.. A defined as any day in which the amount of rain measured by Weather Services at the Power Street Stormwater Pump Station is greater. No extension of time will be considered until the exp of rain days has been exceeded and the Engineer has agreed that t construction was such that there was an impact detrimen construction schedule. January 3 Days February 3 Days March 2 Days April 3 Days May 4 Days June 4 Days July 3 Days August 4 Days September October November December nts will be revised by se bid, the the Change lost due to rain day is he National .50 inch or cted number e status of al to the 7 D_ys 4 D_ys 3 D.ys 3 D_ ys (Re Section A - SP ised 12/15/04) Page 2 of 26 The Contractor shall commence work receipt of written notice from the designee ('City Engineer ") to proceed. For each specified period as calendar Said liqur the damage which dama of Engine otherwise liquidated within ten (10) calendar days .after Director of Engineering Services or calendar day that any work remains incomplete after the time in the Contract for completion of the work or after such time extended pursuant to other provisions of this Contract, $500 per ay will be assessed against the Contractor as liquidated damages. dated damages are not imposed as a penalty but as an estimate of s that the City will sustain from delay in completion of the work, es by their nature are not capable of precise proof. The Director ring Services (City Engineer) may withhold and deduct from monies due the Contractor from the monthly pay estimate the amount of 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 cancellati n of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensati n 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 t the Contractor and the City Engineer. A -8 Faxed Proposals Proposal's faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. .Since addenda can have significant impact on the proposal, failure to acknowledge. receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 12 /15/04) Page 3 of 26 A -10. Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY CONSTRUCTION.. In aac of conflict, Contractor ahall u2c higher wage rate. Minimum Prevailing Wage Sra1 es 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 ary 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 raiendar day, or portion thereof, for each laborer; workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed.. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actt,l wages paid to each worker. The Contractor will make hi-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 (1M) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess 1- 800 -344' -8377, the Lone -Star Notification Company .at 1- 800 -669 7 8344, and Verizon Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. - City Engineer Project Engineer Bhaskar H. Patel, P.E. B. Hannan Engineering, LLC 4337 Lake Ontario Drive Corpus Christi, Texas 78413 Phone: (361) 742 -3665 Fax: (361) 299 -2291 Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate 826 -3500 991 -8550 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1888 826 -3461 826 -1940 1- 877 - 373 -4050 881 -2511 826 -1946 (826 -1888 after hours) (826 -1818 after hours) (826 -6900 after hours) (826 -1888 after hours) (1- 800 - 824 - 4424, after hours) 826-3547 Section A -.SP (Revised 12/15/04) Page 4 of 26 Time ACSI KMC Choi CAPR Broo Regi Co U.S. arner Cablevision (Fiber Optic) fiber Optic)• (Fiber Optic) (Fiber Optic) - Fiber Optic (MAN) TransportatiolAuthority Christi ISD tal Service Area Office • A -].2 Main The Contr both abov reasonabl records, the const nature of of such complete advance o the Contr his respo own expens In the e drawings, utilities the Contr company o Where exi cut, etc.) by the C pumping t Sewage or or ground may resul It is ais relocation increase relocation A-713 Area Sufficient and to pro The Contr minimum a to, workin The Contr Barricadin document a enance of .Services 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 -753 -4.355 289 -2712 886 -9005 886-2216 808 -2384 826 -5060 after hours) (Pager 800 -724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) - (Mobile) ctor shall take all precautions in protecting existing utilities, and below ground. The Drawings show as much information as can be obtained from existing as- built. drawings, base maps, utility tc. and from as much field work as normally deemed necessary for uction of this type of project with regard to the location and underground utilities; etc.- However, the accuracy and completeness nformation is not guaranteed. It is the Contractor's sole and esponsibility to locate such underground features sufficiently in his operations to preclude damaging the existing facilities. If ctor encounters utility services along the line of this.work, it is sibility to maintain the services in continuous operation at his ent•of damage to underground the Contractor shall make the ack in service to construct the t.price. All 'such repairs must agency that owns the utilities. utilities, whether shown in the necessary repairs to place the work as intended at no increase in conform to the requirements of the ting sewers• are encountered and are interfered with. (i.e.. broken, , flow must be maintained; Sewage or other liquid must be handled tractor either by connection into other sewers or by temporary a satisfactory outlet, all with the approval of the City Engineer. other liquid gust not be pumped,.bailed or•flumed over the streets surface and Contractor must pay for all fines and remediation that if sewage or other liquid contacts the streets or ground surface. the Contractor's responsibility to make all necessary repairs, and adjustments to the satisfaction of the City Engineer at. no n the Contract price. Materials for repairs, adjustments or of sewer service lines must be provided by the Contractor. ccess and Traffic Control traffic control measures must be used to assure a safe condition ide.a minimum of inconvenience to motorists and the public. ctor will be required to schedule his operations so as to cause erse impact on the public. This may include, but is not limited driveways in half widths, construction of temporary ramps, etc. ctor shall comply with the City of Corpus Christi's Uniform Standards and Practices as adopted by the City. Copies of this e available through the City's Traffic Engineering Department. The Section A - SP (Revised 12/15/04) Page 5 of 26 Contractor shall secure the necessary permit from the City's Traffic Engineering Department. A -14 Construction Equipment Spillage. and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used .-where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into •st rm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled.with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that. detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary .removals including but not limited to pipe., driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt,- concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary, therefore, no direct payment will be made to Contractor. A 17 'icld Office NOT USED The Contracte±- rust furnish. the. City Engineer or his rcpreeentativc with a field office at thc construction site. The field office must contain at least 120 square .feet of us able space. The field office must bc air conditioned and heated and must bc furnished with an inclined table that m 3ures at least 30 x CO" and two (-2) chairs. The Contractor Shall move the field answering service) and P.LX machine paid for by thc Contractor. There is separate pay item-for thc field office. Section A - SP (Revised 12/15/04) Page 6 of 26 A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on Calendar Days. This Plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3 Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5, Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The -schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract_ A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. Section A - SP (Revised 12/15/04) Page 7 of 26 If, during construction, it is necessary to disturb or destr y a control point or bench mark, the Contractor shall provide the Consultant Project Engineer 48 hours notice so that alternate control points can be established by the Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the. Contractor's negligence will be restored by the Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Surveycr (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractcr. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets. + Curb and gutter flow linc both sides of street on a 200' intcrval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • Casing elevations (top of pipe and flow linc) ( TXDOT and RR permits). • All rim /invert elevations at manholes; Section A - SP (Refised 12/15/04) Page 8 of 26 A -20 Test" g and Certification All tests laboratory will be b be one o retesting the Contra the City E A -21 Proj The Contra following constructi the Contra the City E A -22 Minor required under this item must be done by a recognized testing selected by the City Engineer. The cost of the laboratory testing e by the Cit y__ in the event that any . test tails, that test must er after corrective measures have been taken, and the cost of ill be borne by the Contractor and deducted from the payment to tor. The Contractor must provide all applicable certifications to gineer. t Signs tor must drawings. n begins tor. The gineer. 1. Polio It i is a parti Corpu objec Octob polio minor Ente 2. Defin a. b. c. furnish and install 1 Project sign as indicated on the (Attachment 1) The signs musf be installed before and will be maintained throughout the Project period by location of the signs will be determined in the field by ty /Minority Business Enterprise Participation Policy (Revised 10/98) the policy of the City of Corpus Christi that maximum opportunity forded minorities, women and Minority Business Enterprises to ipate in the performance of contracts awarded by the City of Christi in support of Equal Employment Opportunity goals and ives of the Affirmative Action Policy Statement of the City dated r, 1989, and any amendments thereto. In accordance with such , the City has established goals, as stated herein, both for ty and female participation by trade and for Minority Business rise. t ions i�rime Contractor: Any person, ssociation or joint venture as warded a City contract. ubcontractor: Any named person, ssociation, or joint venture as ork, labor, services, supplies ombination of the foregoing under n a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing , equipment, materials or any contract with a prime contractor inority Business Enterprise: A business enterprise that is owned nd controlled by one or more minority person(s). Minority persons nclude Blacks, Mexican- Americans and other persons of Hispanic rigin, American Indians, Alaskan Natives, and Asians or Pacific slanders. For the purposes of this section, women are also onsidered as minorities. Minority person(s) must collectively wn, operate and /or actively manage, and share in payments from uch an enterprise in the manner hereinafter set forth: Section A - SP (Revised 12/15/04) Page 9 of 26 1. Owned. (a) For a sole proprietorship to be deemea a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.09 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 51.09 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 manace a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more f the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, an any other monetary distribution paid by the business enterprise. a. Minority: See definition under Minority Business Enterprise. b. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.09 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.09 of whose assets or interests in the corporate shares are owned by one or more women. c. 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 50.00 of the contract work itself . and in which a minority joint venture partner has a 50.09 interest, shall be deemed equivalent to having minority participation in 25.09 of the work. Minority members of the joint venture must hay. 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 Minor -ty Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Section A - SP (Revised 12/15/04) Page 10 of 26 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. Comp lance a. b_ A -23 Insp The Contr completed amended 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. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. ction Required (Revised 7 /5 /00)(NOT USED) ctor shall assure the appropriate building inspections by thc nd r ady for occupancy. Contractor must obtain thc Ccrtifi atc of water /wart A -24 Sure that thc Contractor must pay all fees and charges levied by the water meter fees and tap foes as required by City.. Bonds Paragraph read as fo "No is n in a appr Texa of t the City. the Comp busi by wo (2) of Section B -3 -4 of the General Provisions is changed to lows: rety will be accepted by the City from any Surety Company who in default or delinquent on any bonds or who has an interest litigation against the City. All bonds must be issued by an ed Surety Company authorized to do business in the State of . If performance and payment bonds are in an amount in excess n percent (10%) of the Surety Company's capital and surplus, urety Company shall provide certification satisfactory to the ttorney that the Surety Company has reinsured the portion of and amount that exceeds ten percent (100) of the Surety y's capital and surplus with reinsurer(s) authorized to do ss in the State of Texas. The amount of the bond reinsured y reinsurer may not exceed ten percent (100) of the Section A - SP (Revised 12/15/04) Page 11 of 26 reinsurer's capital and surplus. For purposes of this secti amount of allowed capital and surplus will be verified thro State Board of Insurance as of the date of the last statutory financial statement of the Surety Company or re authorized and admitted to do business in the State of Texa Surety shall designate an agent who is a resident of Nueces Texas. Each bond must be executed by the Contractor Surety. For contracts in excess of $100,000 the bond executed by a Surety company that is certified by the United Secretary of the Treasury or must obtain reinsurance f liability in excess of $100,000 from a reinsurer that is ce by the United States Secretary of the Treasury and that me the above requirements. The insurer or reinsurer must be 11 the Federal Register as holding certificates of authority date the bond was issued." A -25 Sales Tax Exemption (NOT USED) n, the gh the annual usurer The ounty, d the ust be States r any tified is all ted in on the foll wing substituted in lieu thereof_ thc Contractor elects to operate under tho- Texas ndmir trativc Cede -, 0. separated contract a dcf incd by aae-h other .1c-s ee regulatior_s ae may be If the Contractor elects to operate under a separated contract, he Obtain the necessary salts tax permits from the State Compt shall. llcr. Other Charges 1, proposal form thc coot of matcria 3 Provide resale ccrtifi atco to Suppliers. 1. Provide the City with copies of material invoice° to subs physically antiatc thc issues a resale ccrtifi atc to his supplier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B Contract, the Contractor shall obtain an endorsement to the insurance policy, signed by the insurer, stating: 6 -11 of the applicable Section A - SP (Revised 12/15/04) Page 12 of 26 In rest cove chan he event of cancellation or material change that reduces or icts the insurance afforded by this coverage part, each insurer ants to mail prior written notice of cancellation or material e to: The Contr copies th after the Contract Within th' that the the City Contractor employees Contract_ For each ' Contract, insurance additional -additional For contr Section endorsemen Cont its hold dema and or a to a orris Cont inj u othe pers A -27 Resp Paragraph is amended Cont cove City Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Number of days .advance notice: 30 tor shall provide to the City Engineer the signed endorsements, or reof certified by the insurer, within thirty (30) calendar days date the City .Engineer requests that the Contractor sign the cuments. rty (30) calendar days after the date the City Engineer requests retractor sign the Contract documents, the Contractor shall provide Engineer with a certificate of insurance certifying that the provides worker's compensation insurance coverage for all of the Contractor employed on the Project described in the surance coverage provided in accordance with Section B -6 -11 of the the Contractor shall obtain an endorsement to the applicable policy, signed by the insurer, stating that the City is an insured under the insurance policy. The City need not be named as insured on Worker's Compensation coverage. ctual liability insurance coverage obtained in accordance with -6 -11 (a) of the Contract, the Contractor shall obtain an to this coverage stating: actor agrees to indemnify, save harmless and defend the City, gents, servants, and employees, and each of them against and it and them harmless from any and all lawsuits, claims, ds, liabilities, losses and expenses, including court costs ttorneys' fees, for or on account of any injury to any person, y death at any time resulting from such injury, or any damage y property, which may arise or which may be alleged to have n out of or in connection with the work covered by this act. The foregoing indemnity shall apply except if such , death or damage is caused directly by the negligence or fault of the City, its agents, servants, or employees or any n. indemnified hereunder. nsibility for Damage Claims (a) General Liability of Section E -6 -11 of the General Provisions to include: actor must provide Builder's -Ri k-or- Installation Floater insurance age for the term of the Contract up to and including the date the finally accepts the Project or work. Builder's Ri&c or- Installation Section A - SP (Revised 12 /15/04) Page 13 of 26 - Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's n�ek--e -- Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for eithe pay for services or materials supplied against any of its pt within the preceding two (2) years. The bidder shall spec and address of the party holding the lien, the amount of t basis for the lien claim, and the date of the release of t any such lien has not been released, the bidder shall st claim has not been paid; and r failure to ojects begun ify the name he lien, the he lien. If ate why the 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 refer financial statement, prepared no later than ninety (90) days City Engineer's request, signed and dated by the bidder's owner, other authorized party, specifying all current assets and liabili A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, staff, superintendents and foremen who are acceptable to the City Engineer. The criteria upon which the City Engineer makes this dete include the following: 1. The Superintendent must have at least five (5) years recen in field management and oversight of projects of a simil complexity to this Project. This experience must inclu necessarily limited to, scheduling of manpower and materi coordination of subcontractors, and familiarity with t process, federal and state wage rate requirements, and C close -out procedures. as its field a careful and c • The superintendent shall be present, on the job site, at all work is being performed. 2. Foremen, if utilized, shall have at least five (5) experience in similar work and be subordinate to the superin Foremen cannot act as superintendent without prior written the City. Documentation Engineer. The substitutions a concerning these requirements will be reviewed Contractor's field administration staff, and an or replacements thereto, must be approved by the C (R nces and a rior to the president or . ies. ministration mpetent and ination may experience ar size and e, but not ls, safety, e submittal ty contract times that ears recent endent. proval from y the City subsequent 'ty Engineer Section A - SP ised 12/15/04) Page 14 of 26 in writin Project. Such writ. City Engi approval i approval during the written a replacemen term of Contract p A -30 Amen Under. Ge Contracts' Within fiv proposals, must submi 1. A lis 2. A lis 3. A sc maj o 4 A se 5. The Cont each by f: MBE will clear the Engin requi possi A lis conta Contr perfo The 1 will appro begi all p In t sough Contr subst prior to such superintendent assuming responsibilities on the n approval of field administration staff is a prerequisite to the -er's obligation to execute a contract for this Project. If such not obtained, the award may be rescinded. Further, such written s also necessary prior to a change in field administration staff term of this Contract. If the Contractor fails to obtain prior proval of the City Engineer concerning any substitutions or s in its field administration staff for this Project during the he Contract, such a failure constitutes a basis to annul the rsuant to section B -7 -13. -d "Consideration of Contract" Requirements eras. Provisions and Requirements for Municipal Construction Section B -3 -1 Consideration of Contract add the following text: (5). working days following .the •public opening and reading of the the three (3) apparent lowest bidders (based on the Base Bid only) to the City Engineer the following information: of the major components of the work; of the products to be incorporated into the Project; edule of values which specifies estimates.of the cost for each component of the work; dule of anticipated monthly payments for the Project duration. ames and addresses of MBE firms. that will participate .in the :ct, along with a description of the work and dollar amount for irm; and substantiation, either through appropriate certifications deral agencies or signed affidavits from the MBE firms, that such irms meet the guidelines contained herein. Similar substantiation i.e required if the Contractor is ah MBE. If the responses do not y show that MBE participation will meet the requirements above, zdder must clearly demonstrate, to the satisfaction of the City er, that a good faith-effort has, in fact, been made to meet said ements but that.-meeting such requirements is not reasonably .le. of subcontractors that will be working on the Project. This list may n more than one subcontractor for major components of the work if the ctor has not completed his evaluation of which subcontractor will ul the work. ty Engineer retains the right to approve all. subcontractors that .erform work on the Project. The Contractor shall obtain written al by the City Engineer of all of its subcontractors prior to ing work on the Project. If the City Engineer does not approve oposed subcontractors, it.may rescind the Contract award. e event that a .subcontractor previously listed and approved is to be substituted for or replaced during the term of the ct, then the City Engineer retains the right to approve any tute or replacement subcontractor prior to its participation in Section A - SP (Revised 12/15/04) - . Page 15 of 26 the Project. Such approval will not be given if the repla subcontractor will result in an increase in the Contract pr of the Contractor to comply with this provision constitutes which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships major components of the work. The, final progress sche submitted to the City.Engineer at the pre - construction confe 8. Documentation required pursuant to the Special Provisions concerning Considerations for Contract Award and Execut Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if ap 10. Within five (5) days following bid opening, submit in information identifying type of entity and state, i.e., Tex state) Corporation or Partnership, and name(s) and individual(s) authorized to execute contracts on behalf of s A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Co Policy on Extra Work and Change Orders the present text is deleted and rep following: Contractor acknowledges that the City has no obligation to pay for for which a change order has not been•signed by the Director Services or his designee. The Contractor also acknowledges that the may authorize change orders, which do not exceed $25;000.00. acknowledges that any change orders in an amount in excess of $25,00 be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Co Execution of Contract add the following:- The award of the Contract may be rescinded at any time prior to the Engineer delivers a contract to the Contractor which bears the si City Manager, City Secretary, and City Attorney, or their authori Contractor has no cause of action of any kind, including for brea against the City, nor is'the.City obligated to perform under the C the date the City Engineer delivers the signed Contracts to the Cont A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions rel completion of the Project. Failure to do so will not excuse a b obligation to carry out the provisions of this Contract. Contractor i attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence w to addenda issued during the bidding phase of the Project, secon will be given to the Special Provisions, third precedence will (Re ement of the ce. Failure a basis upon between the ule must be ence; -28 and A -29 on and the licable. etter form, s (or other itle(s) of id entity. tracts" B -8 -5 aced with the extra work f Engineering City Engineer e Contractor .00 must also tracts" B-3-5 date the City tures of the ed designees. of contract, ntract, until actor. ting to the dder of his reminded to 11 be given precedence e given to Section A - SP ised 12/15/04) Page 16 of 26 the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor Orientation . have on their person a valid and certifying their prior attendance Orientation Program will be offered by authorised City Watcr and who desire to perform any work within any City water facility. valve, equipment, switch, br akcr, control, or any other_ item operated by an operator or other authorizedmaintenancc employee of the City Watcr. Department. C. Protection of Water Quality all times. The Contractor shall protect thc quality of thc water Department to protect thc quality of thc water_. D. Conformity with ANSI /NSF Standard 61 eenform o American National Standards Institute /Nation& Standard ;pccifi ationo. unless such items are iespected on personnel immediately prior to usc. the site by authorised City The Contractor shall provide the Engineer with copies of written proof of ANCI /NSL' Standard. G1 approval for all materials which Section A - SP (Revised 12/15/04) Page 17 of 26 E. Handling and Disposal of Trash daily. muat provide own Sanitary facilitica_ — gdOMME sm_w cvacuation. ACQUJISITION) work muot be ab-ke- to dcmonatrate the following. municipal watcr and waatcw1tcr indu3try:- thrcc prior projcct3. hcrcin for at lca3t 5 y aro. (Re Section A S? iced 12/15/04) Page 18 of 26 1 IIc employs a Rcgiitcrcd Profc33ional Pnginccr, a Control Syatcm3 Engineer, or an Dlcctri al Snginccr to 3upervioc or perform thc work required by this 3pccifi ation3. and implcmcnting the Specific computers, eftwarc propoocd for thc Contract. RTUS's, and G. IIc maintaino a permanent, fully Staffed and equipped ecrvicc facility within 400 milcs of thc Projcct 3itc to maintain, repair, alibratc, and program thc 3y3tcm3 opccificd hcrcin. 7. IIc shall furnish equipment which is the product of one manufacturcr to thc maximum practi al extent. Whcrc this is not practi al, all equipment of a given type will bc thc product of one manufacturer. S. Prior performance at the O. N. Stcvcn3 water Treatment Plant will be uocd in cvaluating which Contractor or oubcontractor programs the new work for this Projcct. 9. The Contractor shall produce all filled out programming blocks required to Show thc programming as needed and required, to add thcoc two 3yotcm3 to thc cxiiting City NCADA system. Attached io an cxamplc of thc required and givcn to thc City Engineer with all changes made during Contractor will providc all programming bloc]c3 uacd. L Trenching Rcquirement3 A -36 Othe All trenching for this projcct at the O. N. Stevens Water Tr atment. Plant 3h311 be performed using a backhoc or hand digging duc to the number of cxioting undcrground obstruction . No trenching machinc3 Shall bc allowed on thc projcct. Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outl ned below when processing Shop Drawing submittals: a. b. c. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. 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. Section A - SP (Revised 12/15/04) Page 19 of 26 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. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. 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 f 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, Con ractor 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" Under "General Provisions and Requirements for Municipal Construction Contracts ", B-- 6-15 Arrangement and Charge for Water Furnished by the City,. add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." Section A -- SP (Revised_ 12/15/04) Page 20 of 26 A -38 Work Gove is Compensation Coverage for Building or Construction Projects for nment Entities The requi in this Sp A-39 Cert The i3su constitut ments of "Notice to Contractors -B'" are incorporated by reference cial Provision. ficate of Occupancy and Final Acceptance NOT USED of a certificate of occupancy for improvements d c net inal acceptance of thc improvements under General Lrovision B 0 A -40 Amendment to Section B -8 -6: Partial Estimates General P Section B estimates net invoi Project w documents, supplier h Z 41 Oxon ovisions and Requirements for Municipal Construction Contracts 8 -6: Partial. Estimates is amended to provide that approximate rom which partial payments will be calculated will not include the e value of acceptable, non - perishable materials delivered to the rksite unless the Contractor provides the City. Engineer with satisfactory to the City Engineer, that show that the material s been paid for the materials delivered to the Project woite. Advisory NOT USED as e oxac notify Co thc day wi A -42 OSHA ix pa..qng operations must not bc conducted on days for which visory has been issued, except for repairs. The City Engineer will ractor about ozone alert. If a delay such as this is experienced, 1 not bc counted as a alendar day. Rules & Regulations It is the OSHA rules and or job A -43 Amen responsibility of the Contractor(s) to adhere to all applicable and regulations while performing any and all City - related projects ed Indemnification & Hold Harmless Under "G Contracts" entirety a The and empl liab subc agen conn mate The and empl liab offi caus supp eral Provisions and Requirements for Municipal Construction B -6 -21 Indemnification & Hold Harmless, text is deleted in its d the following is substituted in lieu thereof: ontractor shall hold the City, its officials, employees, attorneys, agents harmless and shall indemnify the City, its officials, yees, attorneys, and agents from any and all damages, injury or lity whatsoever from an act or omission of the contractor, or any ntractor, supplier, material man, or their officials, employees, s, or consultants, or any work done under the contract or in ction therewith by the contractor, or any subcontractor, supplier., ial man, or their officials, employees, agents, or consultants. ontractor shall hold the City, . its officials, employees, attorneys, agents harmless and shall indemnify the City, its officials, yees, attorneys, and agents from any and all damages, injury, or lity whatsoever from a negligent act or omission of the city, its ials, employees, attorneys, and agents that directly or indirectly s injury to an employee of the contractor, or any subcontractor, ier or material man. Section A - SP (Revised 12/15/04) Page 21 of 26 A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements . constructed and keep accurate records of location (h vertical) of all facilities. (b) Upon completion of each facility, the Contractor s Owner with one set of direct prints, marked with re show as -built dimensions and locations of all work co a minimum, the final drawings shall include the follow Horizontal and vertical dimensions substitutions /field changes. Changes in equipment and dimensions due to substitutions. "Nameplate" data on all installed equipment. Deletions, additions, and changes to scope of work. Any other changes made. f facilities rizontal and all furnish pencil, to structed. As g= due to A -46 Disposal of Highly Chlorinated Water (7 /5/00) (NOT USED) testing, diainfcetion and line - flushing in aR approved manor in thc water, particularly high levels of chlorite, will disinfection, and may exceed thc permissible limits for di wetlands or environmentally sensitive ar as. These are regulated agencies such as TCEQ, EPA, etc. It will bc thc Contractor' r to comply with thc requirements of all regulatory agcncics in th all water used in thc project. The methods of disposal shall bc Contaminants c used for charge into by numerous cponcibility disposal of submitted to chlorinated water. Contractor shall not uoc the City's sanitary sewer system for disposal of c ntaminatcd water. Section A -- SP (Revised 12/15/04) Page 22 of 26 A -47 Pre- onstruction Exploratory Excavations (7/5/00) Prior to ny construction whatever on the. project, Contractor shall hydro excavate nd expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact ver ical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall hydro - excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey th accurate horizontal and vertical locations of said parallel pipelines t 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines hydro- excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor explorator reported t report. shall perform no construction work on the project until all ' excavations have been made in their entirety,.the results thereof o the Engineer and until Contractor receives Engineer's approval of Exploratory .hydro- excavations shall be included in the lump sum base bid - Schedule A. Any pavement repair associated with hydro- exploratory excavations shall be paid for according to the established until price of pavement patching, Contractor exp1orator shall provide all his own survey work effort no separate pay) for hydro - excavations. A -48 Overhead Electrical Wires (7 /5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance. Guaranty" (8/24/00) Under . "General Provisions and Requirements for Municipal Construction Contracts ", B-8 -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 Section A - SP (Revised 12/15/04) Page 23 of 26 expiration of the .guarantee period will operate to reduce relinquish any rights or remedies available to the Ci Christi for any claims or causes of action against the Cont other individual or entity." A -50 Lump Sum. Base Bid The Total Base Bid shall be considered a lump sum bid for the breakdown of work items and, in some cases, the quantities Proposal Form are to be considered approximate. The costs sh item will be used for bid analysis, and for the successful bid utilized for partial pay estimates calculations. Omissions of items on the proposal form which are shown on the shall not be cause for additional reimbursement or sum total base bid. The Proposal form contains a for "Unanticipated Adjustments." These amounts wil base bid, however, the amount or a portion thereof wi unanticipated work and only with the authorizati Engineering Services. Include the cost of any ancil the Proposal item of which it is a part. Plans and S dation item dded in 1 be utili n of the ary items i A -51 Dewatering release, or of Corpus actor or any oject. The hown on the wn for each er, will be antities or ecifications of the lump s allowances o the total ed only for Director of the cost of This item is considered subsidiary to the appropriate line items in the Proposal where dewatering is needed to keep the excava approved by the Engineer, and shall include all costs to pr foundation for the proposed improvements. Storm water tha excavation can be pumped out as long as care is taken to minimiz mud entering the pump suction and flow is pumped to a location for sheet flow prior to entering a storm water drainage ditch or inlet. An alternative to sheet flow is to pump storm water to a ponding occurs naturally without leaving the designated work a manmade berm(s) prior to entering the storm water system. Sh ponding is to allow solids screening and or settling prior t storm water conduit or inlet. Storm water or groundwater s discharged to private property without permission. It is the int Contractor discharge groundwater primarily into the existing system, provided that the quality of groundwater is equal to or the receiving stream, the NTIECES RIVER BASIN. Testing of ground is to be performed by the City, at the City's cost, prior t discharge and shall be retested by the City, at the City's expens of once a week. Contractor shall coordinate with the City, on Test will also be performed as each new area of construction Another option for disposal of groundwater by Contractor w pumping to the nearest sanitary sewer system_ If discharging holding tanks and trucking to a sanitary sewer or wastewater plan for these operations shall be negotiated. Other groundwat alternatives or solutions may be approved by the Engineer on a basis. Prior to pumping groundwater from the trench or excavation to sewer . system the Contractor shall contact the Wastewater Coordinator at 826 -1800 to obtain a "no cost ". permit from th Department. The City will pay for any water quality testi analysis cost required. The permit will require an estimate of flow. Groundwater flow can be estimated by boring a hole or short trench then record water level shortly after completion, s described ion dry, as vide a dry enters an solids and that allows storm water area where ea or by a et flow and entering a all not be nt that the storm water better than ter quality commencing a minimum 11 testing_ is started. Id include o temporary , the costs r disposal ase by case he sanitary retreatment Wastewater g or water groundwater xcavating a slow to sit Section A - SP ised 12/15/04) Page 24 of 26 -. over nigh tank or v and overn Baseline Parameter Total Pet Total Lea Benzene Total BTE Total Bis Total Dis Polyneuc1 A -52 All , record water level again, pump hole or trench dry to a holding cuum truck then record how long it takes to fill to original level ght level. arameter for the dewatering oleum Hydrocarbons lved Solids lved Solids r Aromatic Hydrocarbons ance The item Unanticip_ Total Bas discretio improveme use of t become nee negotiate . any of th work. A--53 Ame discharge are as follows: Maximum Limitation (mg /L) 15 0.1 0.005 0.1 Receiving Water < Receiving Water 0.01 included in the Base Bid items described as "Allowance For ted Adjustments" has been set as noted and shall be included in the Bid for each Bidder. This allowance may be used at the Engineer's should an unanticipated adjustment of existing or planned s or heretofore unknown structure or similar situation warrant the e allowance funds. Should the use of funds from the allowance essary, the Engineer will provide written authorization at a cost between the City and the Contractor. There is no guarantee that se funds will be needed to be used throughout the course of the d Prosecution and Progress Under "G Contracts" "Fu fun the If re . req cos neral Provisions and Requirements for Municipal Construction , B -7 Prosecution and Progress, add the following: is are appropriated by the City, on a yearly basis. If for any reason, are not appropriated in any given year, City may direct suspension or termination of the contract. he Contractor is terminated or suspended and the City sts remobilization at a later date, the Contractor may st payment for demobilization /remobilization costs. Such shall be addressed through a change order to the contract". Section A - SP (Revised 12/15/04) Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN - PROJECT NO. 7429 OWNER: CITY OF CORPUS CHRISTI ENGINEER: B. HARMAN ENGINEERING, LLC CONTRACTOR: SUBMITTAL, DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 26 of 26 H H H 4 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 Jhabores Construction] Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $748,276.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO.7429 (TOTAL BASE BID: $748,276.00) 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,. and insurance Documents, including overseeing 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, as required by the attached Contract the entire job. The Contract drawings, documents including all maps, plats, blueprints, a nd other the Performance and Payment bonds, addenda, and related 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 the City of Corpus Christi in accordance with Provision B-6-11 and Special Provision A -26 of the defend General 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 120 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 APPRO ■ AS T LEGAL FORM: By: Asst. !' ity Attorney Oar rporat:on), ,(Note If Person signing for corporationis not President, attach copy of authorization o sign) CITY OF !/.RPUS CHRI :TI By: Juan Perales, Jr. , P.E. Assistant City Manager Engineering /Development By: Pete Anaya, P.E Director of Engineering Services S rvices CONTRACTOR Jhab ees' Cons ructio Company:,, Title: /L0-I ac,"j� P.O. BOX 60089 (Address) CORPUS CHRISTI, TX 78466 (City) (State)(ZIP) 361/852-8858 * 361/852 -7979 (Phone) (Fax) /9 :1D I ( AUROMMI Page 3 of 3 Rev. Jun -2010 ILL SFCRFTARY - P R O P O S A L F O R M F O R VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO. 7429 DEPARTMENT OF ENGINEERING SERVICES Revised Proposal Form Page 1 of 11. AIMENDUM # 1 Attach ant No. 1 CITY OF CORPUS CHRISTI, TEXAS P R O P O S A L Place : u eceS Cuu.+4-r-i Date: MARZH tea, 201‘ Proposal of 1- 14ABoRE5 QQ j 1r t.Lc,'1o,J Ci MPAr.1 a Corporation organized and existing under the laws State of ie.,KAS OR a Partnership or Individual doing business as f the 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: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO. 7429 at the locations set out by the plans and specifications and accordance with the contract documents for the following prices, Revised Proposal Form Page 2 of 11 in strict to-wit: ADDENDUM # 1 Attachment No.1 PROJECT NO. 7429 TOTAL BASE BID I it_. 'II III IV ----- V ITEM QTY Description Unit Price Total A -1 1 L.S. Mobilization, Complete In Place, Per Lump Sum. $ // .`1' a3 $ /i CD, A -2 L.S. SWPPP Related to Force Main Base Bid Improvements, Complete In Place, Per Lump Sum. $2 iX.3: ' $ 26.500.03 A -3 22 L F 12" C -900 DR 18 PVC Force Main (All Depths), Complete In Place, Per Linear Foot. $ 573.3 $_ /,..276,:c.,' A -4 12" DI, 24" long, FL X MS pipe wall piece, installed, Complete In Place, Per Each. $2,Z ` $ 2.,2 :o. A -5 5f550 I.J.F. 18" C -905 DR 25 PVC Force Main (All Depths), Complete In Place, Per Linear Foot. $ �.�� $2..66 it A -5 1,025 L.F. 8" C -900 DR 25 PVC Force Main (All Depths) , Complete In Place, Per Linear Foot. $ 23 $ Z3,5i� - -` A -7 1 EA Air Release Valve at Manifold - Single Assembly with 2" "s" Riser, installed, Complete In Place, Per Each $ 619M A -8 3 A Air Release Valve and Fiberglass Manhole - Single Assembly with 2" "3" Riser, Complete In Place, Per Each $ 1 6O3.°p $ ! 3 8/5;o Revised Proposal Form Page 3 of 11 ADDENDUM # 1 Attachment No. 1 PROJECT NO. 7429 TOTAL BASE BID Revised Proposal Form Page 4 of 11 ADDENDUM # 1 Attachment No. 1 III III IV ITEM QTY Unit Description Price Total A-9 6,528 L.F. Trench Safety Related to 8" & 18" PVC Force main Improvements (All Depths) , Complete In ' $ 3: 'Dc: $ /94 6 S e`' Place, Per Linear Foot. A -10 47 L.F. Trench Safety Related to 30" Steel Casing and 18" pipe _ installation, Complete In $ 5 L c' $ 2r 53S.a' Place, Per Linear Foot. A -11 7 EA. Trench Safety For Casing Bore Pits and Manhole Structures, Complete In Place, Per Each. $ �,�• _ 9 $3.," y A -12 1 L.S. Traffic Control for Installation of 18" PVC Force Main, Complete In Place, Per 4� Lump 4 Sum. $ $ `i;,A`I' A-13 8" x 4" Reducer DI,(MJ $ 3 Fitting), Installed, Complete $ 34"° In Place, Per Each. A -14 EA. 8" MJ Plug Valve with valve w $ C box, Installed, Complete In $ I, 6 1 Place, Per Each. A -15 �,A 12" 90° Bend, D1, (MJ Fitting), Installed, Complete In Place, Per Bach. $ $ 5-66.,' A -16 EA. 18" X 12" DI Reducer (MJ Fitting) Installed, Complete In Place, Per Each. $ 1,or9 f,t.` Revised Proposal Form Page 4 of 11 ADDENDUM # 1 Attachment No. 1 PROJECT NO. 7429 TOTAL BASE BID I ''II III IV ITEM QTY Description Unit Price Total A -17 11 EA. 18" 45° Bend, DI, (M.J. Fitting), installed, Complete In Place, Per Each. $ l',/5-.2 $ /2,642.Q° A -18 EA. 18" 94° Bend, DI, (M.J. Fitting), installed, Complete In Place, Per Each. � $ f` 3C$/.`'5 $ 3,9i2.0. A -19 EA 18" Tee, DI, (M.J. Fitting), installed, Complete In Place, Per Each. $ 2, sa? . " $ 2i 3 etc, . A-20 :EA. 18" Plug Valve with valve box, $ S, Li 82.1' $ 5, Lig2' DI, (M.J. Fitting), installed, Complete In Place, Per Each. A -21 EA. 18" End plug, DI, (M.J. Fitting), installed, Complete In Place, Per Each. $ 6 1 $ 614-" 1 A -22 EA. 18" x 8" Reducer, DI, (M.J. Fitting), installed, Complete In Place, Per Each. n3 S9 . $ .fig`. t,_ A -23 EA. 8" 45° Bend, DI, (M.J. Fitting), installed, Complete In Place, Per Each. $� , $_: , A -24 j 70 S.Y. 8" Reinforced Concrete Pavement Repair Complete with Saw -Cut Joints, Disposal of Demolition Debris, Dowels and Expansion ao $ -` $ j c cf- Revised Proposal. Form Fags 5 of 11 ADDENDUM # 1 Attachment No. 1 PROJECT NO. 7429 TOTAL BASE BID Joints, Per Square Yard. I II III Iv v ITEM QTY Description Unit Price otal A -25 290 S.Y. Asphalt Pavement Repairs After Open Cut for Force Main Installation, Complete with Bituminous Surface Saw -Cut Edges, Cement Stabilized Backfill, Flexible Base and Hot- -Mixed Asphaltic Concrete Surface, Complete In Place, Per Square Yard. $ $ ib; ror,t`"> A-26 18 L.F. 24" Steel Casing installed by open. cut, complete in place per linear foot. ..I/ $ i 3T $ .2, 41/ 2.c.Q A -27 35 L.F. 30" Steel Casing installed by open cut, complete in place per linear foot. $ J49.5= $ 6i 475:6' A -28 225 L.F. 30" Steel Casing installed (Bored) , complete in place per linear foot. $ 39S oa $ b9, c� 55o, A_29 1 EA Remover Existing Trees, Complete with roots, per Each Gn $ SCO, $ f A -30 1 L.S. 35' Lg. Trench Dewatering for 30" Dia. Force Main, Connection at Sta. 51+45, East, Complete In Place, Per Lump Sum. $ 4 1.. $ l'8®. Revised Proposal Form Page 6 of 11 At) ENDUM # 1 Attachment No. 1 PROJECT NO. 7429 TOTAL BASE BID II III QTY 1 L.S. Description Relocate Existing Pumps at Effluent pump station, complete with header pipe, and accessories, Complete in Place per Lump Sum Unit Price To 211 $ 00. 2 EA. Install new 60HP Submersible pump, complete with header piping and accessories, Complete in Place, per Each $ $ 7j25 1 L. S. Install manifold piping for two pumps, complete with accessories, complete in Place per Lump Sum. $ 9,2,3 $ ,234 1 L.S. Electrical Site Work, including starters, Control Panel and wiring per plans and specifications, Complete in Place, Per Lump Sum. Transit Time Flowmeter installed complete with fiberglass manhole and all accessories, Complete in Place per Each $ ,l or `] fec $ Zcy3w co 1 L.S. Install 30' -3 strands barb wire fence complete with 6" Dia. wooden posts, Complete in Place per Lump Sum. $ 90o Revised Proposal Form Page 7 of 11 ADDENDUM # 1 Attachment No. 1 PROJECT NO. 7429 TOTAL BASE BID Revised Proposal Form Page B of 11 ADDE Attache DUM # 1 ent No. 1 II III Iv v -- ITEM QTY Description Unit Price Total Remove and Replace 30 LF barb wire fence on Koch Pipeline Property, Complete in Place, per Linear Feet Y «� $ $ A -38 L.S. Allowance for Pumps Controller & SCADA Programming, Complete In Place, Per Lump Sum. $3000.00 $3,000.00 A -39 1 L S. Allowance for Hydro - excavation and Unanticipated Adjustments Related to 18 "Dia. Force Main, Complete In Place, Per Lump Sum. $3000.00 $3,000.00 TOTAL BASE BID (Items Al -A39) ?r $ t7 f 2. Revised Proposal Form Page B of 11 ADDE Attache DUM # 1 ent No. 1 The undersigned hereby declares carefully examined the plans, specifications work covered by his bid or bids, that he representations made by the City are in any for the guidance of the Contractor. that he has visited the site and-has and contract documents relating to the agrees to do the work, and that rxo sense a warranty but are mere estimates . ,Upon notification of award of contract,. we will within ten (1d) 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 re iced) to insure payment for all labor and materials. the bid bond attached to thi in the amount of 5% of.the highest amount bid, is to become the property oIfptheoCity y of Corpus Christi in the event the contract and bonds are not•executecT Within the tithe above set forth as liquidated, damages for the delay and additional Work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, .within five days of receipt of bids, submit to the City Engineer, in ,writing, the names.and addresses of 'MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract. and all bonds will be prepared in not less. than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 120 calendar clays. In the event that the scope of work is revised by authorized and executed Change Orders in conjunction with the base bid, the working time for completion of the project will be adjusted by the Change Order as required. 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 (SEAL - IF BIDDER IS a Corporation) NOTE: Do not Fill in with at Respectfully submitted: l Name: Akao & a • r ' By (S -' •TURE Address: fib\ (P.O. Box) .(Street) (City)•.(State). (Zip) Telephone: detach bid from other papers. with ink and submit complete tached papers. Proposal Form Dino c "F 1 1 (Revised August 2000) STATE OF PERFORMANCE BOND BONDNO.TXC93600 TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF. NUECES § THAT. Jhabores Construction Company of NUECES County, Texas, hereinafter called "Principal ", and MERCHANTS BONDING COMPANY(M UAL,) a corporation organized under the laws of the State of TEXAS ,_ and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces C unty, Texas, hereinafter called "City ", in the penal sum of SEVEN HUNDRED FORTY -EIGHT THOUSAND, TWO HUNDRED SEVENTY -SIX AND NO/100 ($748,276_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: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO.7429 (TOTAL BASE BID: $748,276.00) 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 tune, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shah, in anywise affect its obligation on this bond, and it does hreby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work t. be performed thereunder. Performance Bond Page 1 of 2 Thisbond is given to meet the requirements of Article Vernon's Civil Statutes of Texas, and other applicable statut the State of Texas. 5160, s of 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 b 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 co each one of which shall be deemed an original, this the day of MAY , 2011 PRINCIPAL i JHA r RES CONSTRUCT N COMPANY, INC By: L ( ) SARA MUILMAN - PRESIDENT (Print Name & Title) ies, 3RD GREGORY K. WO (Print Name & Title) SURETY MERCHANTS BONDING COMPANY (MUTUAL) By: ,c) Attorney -in -fact TAMI J DUNCAN (Print Name) Agency: Contact Person: Address: Phone N caber: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P. O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361 - 883 -1711 (NOTE: Date of Performance Bond must noC be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 STATE 9F TEXAS § COUNTY OF NUECES § PAYMENT BOND BOND NO. TXC 936 0 KNOW ALL BY THESE PRESENTS: THAT Jhabores Construction Company of NUECES County, Texas, hereinafter called "Principal ", and MERCHANTS BONDING COMPANYMUTUAL) , a corporation organized under the laws of the State of TEXA 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, fi ms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum, of SEVEN HUNDRED FORTY -EIGHT THOUSAND, TWO HUNDRED SEVENTY -SIX AND NO/100 ($748,276.00) DOLLARS, lawful money of the United States, to be paidin 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 Carpus Christi, dated the 19TH day APRIL , 20 11 , a copy of which is hereto attached and made a part hereof, for the construction of: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO.7429 (TOTAL BASE BID: $748,276.00) 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 modif cation to the 'surety is hereby expressly waived, then this obl gation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upo 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 mlans, specifications, drawings, etc., accompanying the same sh.11 in anywise affect its obligation on this bond, and it does iereby waive n tice of any such change, extension of time, alterat on 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 "Mate ial", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the -urety herein as the Agent Resident in Nueces County to whom any req isite 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 c each one of which shall be deemed an original, this the day of MAY , 2011 . he' esi. 1144,AArAmp, PRINCIPAL I ,JHABORESS C.NST CTION COMPANY, INC C, U By: SARA MUILMAN - PRESIDENT (Print Narne & Title) pies, 3RD SURETY MERCHANTS BONDING COMPANY (MUTUAL) By: Attorney -in -fact TAMI J DUNCAN (Print Name) 0 ----� ure t titi� W`N� .7 Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P. O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3.`%`086 Payment Bond Page 2 of 2 MERCHAN"I'S� BONDING COMPANY POWER OF ATTO -RNEY NATIONS BONDING COMPANY Bond No. TXC 9 3 00 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint R. M. Lee, Mary Ellen Moore, Tami J. Duncan, Cathleen Hayles and/or Steve Addlcison of Corpus Christi and State of Texas their true and lawful Attomey -in -Fact, with fu I power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of FIVE MILLION ($5,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of- Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company hereto, bonds and undertaldngs, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof the Companies have caused this instrument to be signed and sealed this 18th day of January , 2011. •pNCiN'• ••0�.`. .`O '•• 1. t • Z: -o- 0 0' : 6: , -o- 0 .9 2003 • z� : y 1933 • c: • 1 •. aD. . v • • r. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY ( rl UTUAL) NATIONS BONDING COMPANY By 7;7/fa- President On this 18th day of January 2011, before me appeared Larry Taylor, to me personally known, who being by me duly swum did ay that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the 4eals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. I, 1MIliam Wamer, Jr., Secretly of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby dertify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, w iich is - still in full force and effect and has not been amended or revoked. In Witness. Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3RDday of MAY 2011 • • 1.9%. 2003 •D; : secrefary • ^� • y Q 1933 •,aQ :' NBC 0103 (1(09) •`••••■ •�• ' CINDY SMYTH Commission Number 173604 910 w My Commission Ezplres March 16, 2012 NotaryPublic Polk County, Iowa IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call ;Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1 -800 -678 -8171 You may contact the Texas Department of Insurance to obtain information on companies coverages, rights complaints at g ghts or 1 -800- 252 -3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: /lwww.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CPI'Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do ousiness with the City to provide the following information. Every question must be answered. If the qu stion is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: j IekEtk .ri,cr ..S k . ifs ... P. O. BOX: — STREET ADDRESS: SiaZ CITY: FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other ZIP: 3. Sole Owner 184.t DISCLOSURE QUESTIONS If additional space is necessar ', 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 'lames 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 mss 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" 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 Chri ti who worked on any matter related to the subject of this contract and has an "ownership i terest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Proposal Form Pagel() of El 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 at fact in a signed writing to the City official, employee or body that has been requested to act in the matte unless the interest of the City official or employee in the matter is apparent. The disclosure shall 'al o 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 date 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. etlei-ZGIOeM ff . \ hd.LEI (Type or Print) Certifying Person: Signature of Certifying Person:.. Title: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the 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. "Firm." Any entity operated for economic gain, whether professional, industrial or commercia , and whether established to produce or deal with a product or service, including but not Iirnited to, e titles operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxati +n are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Ma ager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the C'ty of Corpus Christi, Texas. f. "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 tity. "Constructivlely held" refers to holdings or control established through voting trusts, proxi s, or special terms of venture or partnership agreements." 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 Farm Page LE al 11 A'Ac°R °s CERTIFICATE OF LIABILITY INSURANCE OP ID: POSA DATE (MIDDC YYYY) 05106/11 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 EY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIz D 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 pol icy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sj. PRODUCER Swantner & Gordon Ins Agcy -CC A Higginbotham Company PO Bax 870 Con Christi, TX 78403 -0870 361 -883 -1711 361- 844 -0101 INSURED Jhabores Construction Co., Inc Rock Hydro Excavation, LLC P 0 Box 60089 Corpus Christi, TX 78466 CONTACT NAME. H,. E361 -883 -1711 ADDS PROOUCER CUSTOMER ID at JHACOCI I Net 361 - 84441101 INSURERS) AFFORDING COVERAGE NSURER A : Travelers Lloyds Ins Co NAIC 0 41262 INSURER B : Travelers Prop Cas Ins Co 36161 INSURER C : Travelers Indemnity Co of CT 25682 INSURER D : Max America Insurance Company 21296 INSURER E INSURER F 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 POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUER' ply YY !NW MD POLICY NUMBER eMIUIDDnriYY1_ I UNITS INSR LTR A TYPE OF INSURAiE GENERAL LIAa1LRY •V/ X COMMERCIAL GENERAL ua(ilLCrY CLAIMS -MADE j X I OCCUR X Par Project Aggro GEN'L AGGREGATE LIMIT APPLIES PER: �Y n J FLOC 4TC08577N958TLC10 08/06/10 08/06/11 EACH OCCURRENCE $ PREMISES DAMAGE ) MED EXP /Any one person) $ 1,000,000 300,000 5,000 PERSONAL &ADV INJURY GENERAL AGGREGATE $ PRODUCTS - COMP OP AGG 1,000,000 2,000,0 0, $ / 2,000,000 AUTOMOBILE LIA81LRY B X ANY AUTO ALL OWNED AUTOS _ SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS C x X C UMBRELLA UAB EXCESS LIAR DEDUCTIBLE 10,7 0 RETETrnON $ X [OCCUR CLAIM WORKERS COMPENSATION AND YIN ANY PROPRIETTORIPARTNEREXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Wndatery In NH) If yes describe under DESCRIPTION OF OPERATIONS below S -MAY D E BA8571N99110CNS 08/06110 08/06/11 Ernp Ben. COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per sodden') S PROPERTY DAMAGE (Per accident) $ $ a 4TSMCUP5463B613TCTIO 08/06/10 08/06/11 EACH OCCURRENCE AGGREGATE a 5,000,000 ! / 5,000,000 $ NIA 4TEUB8579N82310 08/06/10 08106111 WCR STATU- X TORY LI ITS E.L. EACH ACCIDENT OTH- ER S S 1,000,000 EL. DISEASE - EA EMPLOYEE s D nstailation f MAXA51M0047532 05103/11 08106/11 f E.L DISEASE - POLICY UNIT 1,000 Dad 3 1,000,000 1,000,000 T48,726 DESCRIPTION OF OPERATIONS I LOCATIONS/ VIES (Affach ACORD ICI, Add1IwCN Remarks Schedule, If more space le requked) RE: Veterans Cemetery Effluent Litt Station and Force Main - Project No.7429 See Attached Addendum for additional policy provisions. The Workers Compensation, General Liability, Auto & Installation policies Include endorsements providing that 30 Days Notice of Cancellation will be furnished to the certificate holder except 10 days forjton- navment of eremium. CERTFICA City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi, TX CICC -CO / 78459 -4277 • �■ . ••. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILT. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIEED REPRESENTATIVE / ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD uisuRED's NAME Jhabores Construction Co., Inc JHACOCI OP ID: POSA DAZE PAGE 2 05106/11 ma� r om 30, ebLiability {16 and o o* C0 C42 .34A) G nral CG 07/04) Auto (CA 420 0710). Additional beadbility (CG D2466 0W055)j, A�uttoo (CAwritten contract 10 n applicable i (1M7885511 General ility is Primary with respect to work performed by Contractor Umbrella follows form of underlying policies. COMMERCIAL GENERAL L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) modifies insurance provided under the foMauwimg COMMERCIAL GENERA—LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or orgenaabon that you ♦agr��e�ey�i�n,. �a tiwri ie' carhrad�rmiiring'i`ns�urance• to as an additional inswed on this Cover- age Pat. but a) Only nth respect to liability for'bodily injury". "property damage or "personal injury": and b) ff. and only to the rodent that, the injury or damage is caused by ads or omissions of you or yaw subcontractor in the performance of your work" to which the %Titian contrast~ requiring insurance" appose. The person or argemizab on does not qualify as an additional insured with respect to the independent amts or omissions of such person or won. 2. The osuranoe provided to the add4onal insured by this endorsement is limited as folio ar a) In the event that the Lets of Insurance of this Coverage Part shown a the Declarations exceed the rims of Nobility required by the "swam contract requiring insurance, the in- surance provided to the additional insured Shall be Grated to the limits of tiabifity re- wired by that "written contract requiring in- surance. This endorsement shall not in- crease the limits of insurance described in Section St — Limits Of Insurance. b) The insurance provided to tine additions in- sured does not apply to "bodily injury, "prop- erty damage" or 'personal injury' arising out of the rendering of. or failure to render, ant► professional architectural, ral, engineering or sur- veying services, induchaF 1. The preparing, approving, or failing to prepare or approve, maps, shop draw - ings, opinions, reports, surveys. field or- ders or change orders, or the preparing, approving. or failing to prepare or ap- prove, drawing and specificationa and fi. Supervisory, inspection, architectural or engineering activities. CG 02 4$ 0S OS c) The insurance provided to the additional in- sured does not apply to "bodily iimjuny at "property damage canted by yarn work" and included in the "products - completed op. erations hazard` unless the "wrllen contrail requiring insurance ranceF' s readies you to provide such coverage for that atlddianal insured, and then the insurance paonr ded to the add ilonel insured applies only to such "body injury" or ympadty damagd that oc- curs before the and of the period of time for which the °written contract requiring insur- ance requires you to provide suds coverage or the and of the policy period. whrcheaer is earlier. 3. The insurance pra+ided b the additional insured by this endorsement is excess over any valid and colledibiw 'other Msuranad. whether priinary, excess, cantingar* or an any other basis. that is available to the additional insured for a loss we cosier under this andorsrenmwmt. Hawever, if the 'written contract requiring ihsurancee spacer requires that this insurance apply on a primary basis or a primary and non-contributory basis, this inawance is primary to "other insurance available to the additional insured wilds covers that person or organization as a named insured for such loss, and we will not slurs with that "other insurance°. But the insurance provided to the additional insured by this endorsement sill la excess over any valid and c ilectible • as- surance. whether primary, excess. ' • or on any other bads, that is available to the addi- tional marred *hen that person or an additional insured under such ender. 4. As a conddlion of coverage provided to the addi*Ionnal insured by this endorsement a) The additional insured must give written notice as soon as practicable of •occrr- renccer or an offense which may meat an a claim. To the extent possible, suds notice shaAd insiudw 0 2005 The St. Paul Travelers Companies, inc. P gs 1 of 2 COMMERCIAL GENERAL LIABILITY L I. when and is the 'ocumrencs'' or offense took place: ii. The names and addrheeees of any injured persons and wilnessec and The nonce and location of any injury or damage arising out of the "occunenca' or offense. b) If a claim is made ar'suit` is brought against the additional insured. the addi ionat insured - must 1 Immediately record the spscibcs of the claim or •suit• and the dale received; and O. Notify us as soon as practical The additional insured must see to it that we receive written notice of the dam or "suit as soon as pad hti c) Tha additional insured must immediately send us copies of all legal papers received in connection with the deign or "surf". cooperate with us in the investigation or settlement of the dean or defense against the 'stet'. and otherwise oomph► with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "slit' to any Provider of 'other insurance M h would cover the additional insured for loss rro cover under this endorsement However. this condition does not affect whether aheu once provided to the additional F by this insur- ance" is primary to " insu ance" available to e insured which covers that person or organization as a named insured as described in paragraph 3. above 5. The following definition is added to S .- DEFINITIONS: "Written contract requiring insurance means that part of any written contract or agreement under which you are required to indude a person or organisation as an additional in- sured on this Coverage Pant< pnr ided that the "bodily injury' and "property damage" oc- curs and the `personal Injury' is caused by an offense corrhnsitlea a. After the signing and execution of the contract or agreement by you b. Whin that part of the contract or agreement is in affect: and c. Before the end of the policy period_ Named Insured: Jhabores Construction Co., Inc. Policy Number: 4TC08577N958TLC10 Effective Date of this Endorsement: 08/06/2010 Authorized Representative: Name: Randal M. Title: Managing Partner v. Page 2 of 2 0 2005 The St Paul Travelers Companies, inc. a,euq COMMERCIAL GENERAL THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULL CONTRACTORS XTEND ENDORSEMENT T hIs endorsement modules insurance provided undet the fo00 WNrg: COMMERCIAL GENERAL UABIUTY COVERAGE PART GEiERAL DESCRIPTION OF COVERAGE - Provisions A..M and .L.N. of this endorsement broaden coverage, and provision 1. of this endorsement may band coverage. The foaming lsfirg is a general covengs description only Limitations anti moire may apply to these coverages. Rand all the PROVISIONS of tlpis endersentent carefully to determine rights. duties. and whet is and is not couere& A. Broadened Named Insured 0. Extension of Caverags - Damage To Promises Railed To You • Perils of fire. explosion. lightning, smoke. water • Linn increased to $300.000 C. Wankel Waiver of subrogation O Blanket Adfifional insured - Managers or Lessors or Premises E Incidental Sledcal Malpractice F. Extension of Coverage - 8odiy Injury G. Contractual Uabiily - Railroads PROVISIONS A. BROADENED NAMED NtmURED 1. The transit Insuied In Item 1. d the Osdara- lions is as follower The person or organization named in Item 1. of the Oeclaratiorrs and any organization, other than a partnership, joint venture or inw iced latiWy company, or which you maintain ownership or Res which you mantels the ma jorr- ey interest on the effective date of the policy. However. a rtes for any such additional organizaton will cease as of the date. if any. during the policy paw that you no larger maintain ownership of, or the majority interest in, such organization. 2. MO IS AN INSURED (Section 111 Item 4.a. is deleted and replaced by the fdbwira a. Coverage under this provision is afforded only end the 1110th day alter you acquire or form Me organization or the end of the policy period. whichever is earlier. CO 031001 11. 0. .l. IL L M N. Additional Insured -Slate or Political Subdivisions Other Insurance condition Increased Supplementary Payments • Cost of bay bonds increased to $500 • Loss of earnings increased to $500 per day Known dos and Retie* d Ocaurance or Offense tlminler onal omisslen Personal Injury - Assented by Contract Blanket Addlianm Insured - Lessor of Leased Equipment 3. This Provision A. toes nal apply to any pew. sae or aryanizalion for which coverage is err- chdsd by endorsement. B . SON OF COVERAGE - DAMAGE TO PREMISES RISE= TOTOO 1. The fart paragraph at COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I - Caverago iel dilated and mplemd by the lorouirrg: Examines c. through m. do nab appy to dames age to premises white rankled to you or tarn - porardy occupied by you with psmhisaiorl of Dm owner, caused bit. a. Fan b. Explosion e~ Lightning 4. Smoke resulting harm such firs. or ig1tntng: or e. Water_ A separate hand at insurance coverage as desalted in Section ill Insurance.. to this Of Copyright. The Travelers Indemnity Company. 2004 Page 1 of 0 COMMERCIAL GENERAL LIABILITY 2. This innervate does not apply to damage 10 remises whits rented 10 you or templed,' occupied by you wiar permission of the owner. caused by: a, Rupture. bursting, or operatics of pres- sure relief devices b. Rupee or bursting due to expansion or swish* of the contents of any bulkieq or structure. caused by or resullitg from sa- le; c. Eie loaion of stern boeler& steam pipes. steam engines. or scan turbines 3. Paragraph k of LIMITS OF INSURANCE (Sedlon IN) is deleted and replaced by the following; Sublet% to L above. the Damage To Prim. ices Rented To You Limit is the most we MB pay under COVERAGE A. for the seen of ate danaepss because of `property damage" to any one mambos while MOW to you, or temporarily occupied by you with pernei sion of tare Waxer. caused by rem explosion roglet• nirg: smoke resulting from such are, replo- Sian. osr lghning; or vMerr. The Oemage To Preeruses Ranted To You Lime will apply to ail "property dem os° proximately caused by use same "occurrence. whether suds damage results horn: fins; explosion; lightning; smote ream* heir such be, argplosieet, or igha" ning; ox wear or any conebhaaon of any of these causes. The Damage To Premises Rented To You Unit wit be ore higher ot a. 11300.01* or b. The amount shown on the Declarations for Oanwge To Premises Rented To You Limit. 4. Paragraph a. of the derm an of "housed con- tract" (DEFINITIONS — Section V) is deleted and eepleced by the foeowinip a. A contract for base of mimeses. How ever, that portion of the conract for a tease of premises that iredmmuIIea any person or oegreenation for damage 10 premises able rented to yoga. or tempo- roily occupied by you wiUi pem ioien of the owner, caused by ire; elan; lightning; smoke ruing from suds Drs. explosion, or Ngtpt sing; or water. Is not an Insured contrary; Ye. S. This Pievtsian B. does not apply if for Damage To Premises Rented You of COVERAGE A. BODILY 1 AND PROPERTY DAMAGE LIABILITY 1— Coverages) is excluded by BLAMIETWAMVER or suennexreolo Y • waive any right of recovery we may have against any person ar organization bde of payments we make for injury or damage arising out at pruaniaes meal or occupied by or rented or loaned to roar; ongoing opermions porfonhpd by yoe or on your Multi. dome under a co.nraat with that person or eegantrirhe a 'your work ; or hoer rotate' Vie waive thus fight where you have agreed to do so as path of a written contrast. executed by you before the "bedllp injury' or "prapety dimmer occurs or the personal injury or advent** bejeef offense is aomaie Oed. D. HLA1U ET ADDITIONAL. INSURED — U i- ERS OR LESSORS OF PRIAISIES IMIO IS AN INSURED (Section II) is amended to Include as an insured any person ell organization (reigned to below as "adddiend insure) with Ibsen you have greed in a we ese contract, e cuted before the `bodily 11i ay' or "p opit dam- age octets or the 'personal injury or adventis- ifg injury" a le committed. to name as an additions! innate* but only weh rsspsea In Nsbi ly arising out of the meaetahipp. mairtlemmee or use of that pad el any premises leased to yore. subject to the f lloaieg pmtsionsc 1. Untie of Insurance: The Ilrreea of insuance afforded to the addilonal insured shed be the limits alien you agreed to premier in the writ - ten gantrect. rattle farads shown on DrGs• rations. whichever are less. 2. The inseams afforded 10 the ire saved does not apply tae a. Any ' bodly injury" or 'property damage that occurs, or "personal injury' or "adver4 tisk* injury' caused by an offense which is committed. aft/Kyoto tease to be a ten- ant in eat premium h. Any prrwiebee for veldt deeded by osiorSaffisol or C. Shaded aeerationa new constiudioex or deenellmt operations perfsrrle j by or on behalf of sutlt additions" insured 3. The insurance afforded to the is ex- sued Is excess over any rand and collectible Page 2 of tt Cowilgtt Tie Travelers Indanreey Cornwell; 2004 CG 0316 0704 kkiiikiiiiiiikiiikiiiiiiiii 'other insurance" available to such additional insured. artless you have agreed in the va t- ten contract OM this insurance must be pri- mary to. er non-contributory elk. such 'otlwer insurance". E INCIDENTAL MEDICAL MALPRACTICE 1. The following b added to Paragraph 1.Insur- ing Agreement of COVERAGE A. - BOOILY INJURY AND PROPERTY DAMAGE UABL- ITY (Section t - Coverages): "Bodily injure arising out of the rendedne at or failure to render. rice following will be deemed to be caused try! an "occurrenoer: a. Medical. surgical. dental, laboratory. x-ray or nursing Sonic, arMe or iwtltPiiorl. or the related furnishing al food or bever- tt b. The furnishing or dispensing of dugs or medical. dental, or stwgical supplies or c. First aidt or d. `Good Samaritan services.` As used in this Provision E.. "Goo Sameiten ser- vices' are those medical seeoices rem• dared or provided in an emergency and for Mich no remuneration is demunded or received. 2. Paragraph La.(txdq of WHO IS AN IN- SURED Median II) does not apply 10 soy registded nurse, ii tensed practical nurse. emergency medical befuddle or paramedic employed by yet but only wide perfuming the services described in paragraph 1. above and while acting within the scope of their em- ployment by yae. Any employees' rendering "Good Samete n services` vie Im deemed to be acting within the scope of their enploy- rrenl by you. 3. The following exclusion is added M paragraph 2. Exdrslons of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Sec0on I - CovaeagesP (111is insurance does nob apply to:) "Bodily in- jury" or Property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals conh- milted try or with hue tuioiwedge or Consent re the Insured. 4. For the purposes of determining the applica- ble limits of insurance. any ad or ornission CG D31S O7 fM COMMERCIAL GENERAL together wills all related acts or o in Me furnishing of the services de in paragraph i. adore lo any one will tee deemed one'carenar. 5. This Prevision E does not apply if you arm in Me busiressor occupation of pfrivierg any of the services described m paragraph 1. above 6. The insurance provided by this Provision E. shalt be exCela Over any Valid and COMMON, "other insurances avaiiodte to the irwned. whether pr ary. excess. continent or on any other basis. except for insurance that you bought 6c*, le apply in excess of the Lines of Insurance shown on the Declara- tions of this Coverage Part_ F. EXTENSION OF COVERAGE - BAY IN- JURY The delinillon of 'bodily inpr (DEFINITIONS Sedlen V) is deleted rind replaced by tie follow - 'Bodily Mom" means bodily injury. mental an- guish. mental injiry, shod. fright dtsbidy, hu- miliation. sickness or disease sustained by a per- son. including demo resulting from any of lutesse at any aims CONTRACTUAL LIABILITY - RAILROADS 1. Paragraph c. of the definrnlors of insured an►. tract' (DEFINITIONS - Section V) is deleted and replaced by the foIIowingc c. Any easement or license agreement 2. Paragraph f.)1) of the Manion el "insured conlracr (DEFINITIONS .- Section V) is de- leted. H. AnCmDNAL INSURED - STATE POLITI- CAL SU IONS -PERMITS WHOM AN INSURED (Seceon 10 is include as an insured any state or po vision. subject to the fdlowinp 1. This insurance applies only when required to he provided Ay you by an ordinance, law or bulking code and only with respect to opera- tions performed by you or an your for which the stale or political has is- sued a permit. L This instance does not apply to: a. "Bodily injway.' "property -per- sonal injury" or "advertising in arising art of operations pertained the state or poetical subdivision: or Copyright, The Travelers Indemnity Company, 2004 P 3 of B COMMERCIAL GE34ERAL UASLUTY b. "Badly Inter or 'property damage" i chided. in the opera- lions hazard'. L OTHER INSURANCE CONffflON A. COMMERCIAL GENERAL UAMUTY CON - DITIONS (Section N). paragraph 4. (Other Insurance) is deleted and r.piacd by the fol- lowing 4. Oiler insurance II valid and UI clbie'other insurance* is available to the insured for a LOSS we cover under Coverages A or 8 or this Coverage Part, ourohliigaborls are fared as roper is 4. a. Priam" This insurance is miaow except when b. below applies. if this insur- ance is primary. our obiiga:ons are not affected unless any of tee "opener insurance is also primary. Then. we will sham with all Mal 'Meier insur- ance by Hie method described in c helm b. Excess Insurance This insurance is excess over any of the "other insurance. whether vi- weary. excess. conliipent or on any other basim (1) That is F. Extended Coverage. Builders Rink tnstatteroa Rise. or smiler coverage- for 'your work"; (2) That is Fre insurance for prem- ises rented to you or temporarily occupied M you wile permission of the owner; That is insurance purchased by you to cover your Liability as a tam* tar "popedy damage b premises rented to your or tempo- rarity occupied by you wile per- mission at the owner: or (4) If the loss arises out el tee main- tenance or use of akeralL "autos". or welercra* to the eo- tent not subject to Exclusion g. of Section 1-. Coveregs A — Bodily allow And Properly Damage Li- ability; or That is avian* to the insured when Me insured is an addd one (3) (5) Page 4 of 8 insured under any . parot including any umbrella or excess 1Mrew Ihnis insurance is we ail have no duty under . - A or B to defend the ' • -, affable* any "svir if any provider . 'otter in- surances has a duty to .. ., . the in• slued against drat "suit~ If no pro- vider of "otter defemids. we will onionskin to do So. we unit be entitled to the mound's rights against all those providers of "other insurance". Mien this Murano, is excess cess o�v�er '"other ins insurance. we %we ray only our share of firs aniogant of the loss', d any. that exceeds the suns of: (1) The total mount that aM such other insurance" wood pay for the loss in the absence of this in- sane= and (2) The tow al all deductible and sett insured amounts raider than "MherInsurance We lull share the remaining toss. if any. ugh any 'other insurance" That is not described in this Excess Insur- ance provieion c. Medial ON sinning if all al the 'other mimes contribution by egaal shams. we MN follow this maimed also. Under this appreada each Pnavider of immanent contributes equal amounts Me it has paid its applicable Mit of insurance or none of sus Ms which - ever comae first N any of the 'other not permit combibulion shams. we will Under Otis mdbod. Me does be :tea by Bratty. of each provider of insurance is turfed en the ratio of is applicable Yarn of insur- ance to the total woes of insurance of aH of insur- agree. B. The foliating definition 1a added le OEFINITIONS (Section Yl "Other insurance: e. Meaes insurance. or the furring of lasses, dram is provided by. Waugh ar on - half of: Copyright, The Travelers Indemnity Company, 2004 CG • 1807 04 (1) AnolfierinsuranCe company: (2) Us or any of our affiliated insurance cons- ponies. except when the Nora cumulation of Each 0counenoe limit section of Paragraph ...i of WAITS OF ONCE (Section f or the Nan curnulalion of Pew sand and Advertising Injury rwnit sections of Paragraph 4 of LIMITS OP INSUR- ANCE (Section Hot a (3) Any risk rot enbongroup: (4) Any sotRiurarnce method or program.. other than any funded by you and over whidr this Coverage Part applies or (5) Airy, similar fisli transfer or risk manage- ment method b. Ones not include arntaells insurance. or ex- cess insurance. that you bought specifically to apply in excess of the Linde of tnsaance shown an the Dederaions o1 this Coverage Pad. J. INS SUPPLEMENTARY PAYMENTS Paragraphs 1.h. and Cd. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (Section 1 Coverages) are amended as foMmwse 1. In paragraph LA.. the amount wa will pay for the cost of mil bonds is increased to MOO. Ail 2. to paragraph 1.d.. the amount on wilt pay for MI- loss of earuirgs is increased to a day. _I K. KraCTAtEDGE AND NOTICE OF OCCUR- MI RENCE OR OFFENSE An 1. The following is added to COMMERCIAL AB GENERAL IJABIIITY CONDITIONS (Section Jig IV). paragraph 2. (Demos In The Event of Oc- aurnrce. Offense. Claim or Suitt Ai Notice of an "occurrences it of an offense _NIS which may result in a claire must be given as Si sown as practicable alter knolge of the modal o nae ccunel" or offense has been to _n Yon, one of your "executive dame (i you are a corporallo* one of Your partners who is an individual (111 you am a ownership). any MI of your rmeiagers (if you are a Bitted lability MI company), or an 'employee (such as an ins- .O Swam . toss control or ride manager or ad I mitistralor) designated by you 10 give such notice. Knowledge by any other "employee" of an occuments" or offense does not imp, Use you also ire suds lnaniedge. CG D3 11 E7 Os COMMERCIAL GENERAL 2. Notice ol an 'occurrence* or of an which may result in a claim wit be be given as soon as practicable 10 given In good faith as soon as practice to your 5eke5M lion insurer_ plies only if you subsequently give of the ocrulrerlce* or offense to us as pradicable alter you. one oyour dicief' (a you are a corporation). one of your porno(' who is an Individual Cot are a pares. one of your managers (l . aria a limbed Sibley comperryk or an'engfoyee* (suds as an insurance. lass control or risk. manager or administrator) designated by you to give such notes discovers that Me "occur- rence' or offense may imdvstlris po[cy. 3. This Provision IC does not apply as respects 1115 sprici0c numbs of days welds which Yon are required to notify us in veiling of the abrupt comma ement of a discharge. re- lease or escape of "poll ta01 ' that causes "Waft OW or "property damage" which may aele nose be covered under this policy. to it is ap^ L OMISSION The following is added to COM RC GEN- ERAL !ABILITY CONDITIONS (Section IV). paragraph O. (Representations): The unintionarosol omission of. or unintentional scrod in. any irformabset provided by you which we reline Upon in issuing this policy shall not prepdioe your rights undor 1146 Insurance. How- ever. this Provision L. doss not affect ow right Io cooed additional pennon or to $crams$ our right of cancellable.' as- noriensw01 in accordance with applicable slate Murano' laws. codes or reguie- bons. M. PERSONAL MNJURV - ASSUMED BY COR- TRAGT I. The following is added to Exclusion (1) of Paragraph 2.. Exclusions of Coverage B. Peeoonel Injury, . and Web Sine Injury Liability al the Web XTE5 Liabilliteendonement Solely for the purposes of IRMOy an "insured ct*lrac*. reasmactla fees and neoeesary Dion exposes in- curred by or for a party other Ruin an insured are deemed to be damages because of -per- sonal MOW provided= (a! 1.taubifty b such try for, or for the cost of. Oral party's defense has also been as- Copyright, The Travelers Indemnity Conlpaery, 2 Page 5aff COMMEROAL GENERAL LIA61UiY stoned in the smue "mewed contrad`. and (bl Such attorney fees and IIUgallon ex- penses are for defense of the party against a civil or allemative dispute reso- lution proceeding in which damages to wadi this insurance applies are alleged: 2. Paragraph 2.d. of SUPPLEMENTARY PAY. MENTS — COVERAGES A AND 8 ( Sedan 1 — Coverages) is deleted and replaced by the fallowing: d. The allegations in the *star and the in- fornraeow we know about the *occur- rence" or offense are sedition no conflict appears to odd between the interests at the insured and the interests of the in- demriterc 3. The third softens of Paragraph 2 of SUP. PLEIITARY PAYMENTS — COVERAGES A AND 13 (Section 1— Coverages) is deleted and replaced by Hoe follontluX Nhhvolutanding the provisions of Paragraph 2.b.(2) of Sadion f — Coverage A— Sadly 1n- jury And Property Dannage Liiabily or the provisions of Paragraph &.41) of Section 1— Coverage 0 — Personal Minn,. Advertising in- jury And Web Sae Injury Liability. such pay- ments will net be deemed to be damages for 'heft WOW' and *property damage'. or damages for `personal Injury', and MO not re. duce the Imes of awurarlaw 4. This provision nn. does nal apple if coverage for "personal injury' Ibb sty is excluded by endorsement. • N. BLANKET AOCI110M11L eratmeri — LESSOR OF LEASED EQUIPMENT WHO IS AN tNSLIRED {Section is include as an insured any person or ion (referred to below as `addition* • with whom you have agreed in a written east~ celled before the 'badly irgur or dam- age' occurs Or the "personal i njury` 'Advertis- ing injury' offense is committed. to rime as an additional insured but only with respect to their li- ability for °bodily injury`. 'prOpoty dimmer. "pee serial inferr or rig injnayr � in Wide or in pat. Ay your ads a O n�in the maintenance. operation or use of equipment leased to you by such arfdleond insured. subject to the folioed* provisions 1. Limits of Insurance. 1111 Weft of insurance afforded to the additional insured ae be the Nerds wlidl you agreed to provide in the writ - 1en conned, or the lobs sharer on Vie Dudo- raUM% whichsverare lass. 2. The insurance afforded for the additional in- sured does not apply to any "bodily ininry' or "property drat' that occurs. or "personal injury" or 'advertising injury' caused by an of. tense which is oonsnd. alter the liquipr rant lease expires. 3. The insurance afforded to the additions in. saved is excess over any valid and calends* 'oder insurance' available to additionat iftsused, unless you have agreed ' the writ. ion cooked that this insurance must be prt- mary to. or tion.contributary with. such 'other insurance'. Named Insured: Jhabores Construction Co., Inc. Policy Number. 4TC08577N958TLC10 Effective Date of this Endorsement: 08/0612010 Authorized Representative: Name: Randal M. Lee Title: Managing Partner Page 8 of 6 Copyright. The Travelers Indemnity Company 20041 CG 03 18 07 04 POLICY NUMBED 4TC08577N958TLC10 Y ISSUE DATE: 5/04/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU Y, DESIGNATED ENTITY - NOTICE OF CANCELLATIONINONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NONRENEWAL- PERSON OR ORGANIZATION: City of Corpus Christi Number of Days Notice of Cancellation: 30 / Number of Days Notice of Nonrenewal: ADDRESS: Engineering Services Contract Administrator PC Box 9277 Corpus Christi, Texas 78469 -9277 PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we wit mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number & days shown for cancellation in the schedule labove before the effective date of can- cellation. ILT4001209 Named Insured: Jhabores Construction Co., Inc. Authorized Representative: Name: Title: Randal M. Lee Managing Partner $. if we decide to not renew this policy f . any statu- torily permitted reason, and a numbs of days is shown for nonrenewal in the schedu above, we will mad notice of the nonrenewal to person or organization shown in the schedule bove. We will mail such noticce to the address s in the schedule above at least the nu of days shown for nonrenewal in the schedul above be- fore the expiration date. 2009 The Travelers Indemnity Company age 1 of 1 POLICY NUMBER: BA8571 N99110CNS COMMERCIAL ISSUE DATE: UTO 5/04/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION. OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: JBUSINESS 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. Number of Days' Notice Name Of Person Or Organization Address ,SCHEDULE 30 City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of - cellation or change to the person or organization named in the Schedule. We wit give the number of day's notice indicated in the Schedule. CA02440604 Named Insured: JhaboreI onstruction Co., Inc. Authorized Representative: Name: Title: Randal M. Lee Managing Partner ® ISO Properties, Inc., 2003 age 1 of 1 TRAVELERST WORKERS COMPE SATION AND EMPLOYERS LIABI POLICY ENDORSEMENT WC 42 06 01 (00) — POLICY NUMBER: 4TEUB8579N82310 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in it - 3A. of the Information Page. In the event of cancelaiion or other material change of the policy, we will mail advance notice to th person or organization named in the Schedule. The number of days advance notice is shown in the Schedule This endorsement shag not operate directly or indirectly to benefit anyone not named in the Schedul SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 for * *) 2. NOTICE WILL BE MAILED TO: City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. Named Insured: Jhabores Construction Co., Inc_ Authorized Representative: Name: Title: DATE OF ISSUE: - ST ASSIGN: Randal M. Lee Managing Partner rR►vELERs? WORKERS ENOORSIDIENT WC 42 113e4 PO1JCY tembiEFt t4TEUB- e57011112 3-10 ) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM ENDORSEMENT This endorsement apples only to the insurance provided by the pond., because Team is srveww in Rene A. of 9* information Pape. We have the right to recover our paymlels bons anyone liable for an *jury covered by Ws polio/_ We will not enforce our right swim* the pawn or organtr thaw named In the Schaal*. but Ni s waiver applies only with respect to bodily inIwp arising out of Me awakes deealbed in the Schedule whore you ale required by a Mitten contract t0 obtain this mime born um This endorsement shall not operate dirscily minas., to bench anyone not named *the Schedule. The premiuin for this endorsement is shown in the Schedulet Schedule 1- El Specific Waiver Name of person oraegaiiv inn EI Menke Waver Any person or organization for Wean the Named Insured has agreed by mildew c ntred to furnish this waiver. 2. Operation= ALL TEXAS OPERATIC 3. Premium The premiers charge for this endorsement shall be �_ percent of Nye premium developed on payroll in connection with vat* performed for the above person(s) or arganizadon(sj arising out of the operations dese 4. Advance Premihsrc $ Named Insured: Jhabores Construction Co., Inc. Policy Number 4TEUB8579N82310 Effective Date of this Endorsement: 08/06/2010 Authorized Representative: Name: Randal M. Lee Title: Managing Partner DATE OF ISSUE: 0S -24 -10 ST ASSIGN Page 1 of 1 AAIS This endorsement changes IM 78510404 the Inland Marine Coverage Page 1 of 1 — PLEASE READ THIS CAREF=ULLY — J BLANK ENDORSEMENT Adding Installation Coverage (The entries required to complete this endorsement will be shown below or on the "schedule of coverages "_) Effective 05/0312011 The following forms are added to the policy (copies attached): IM7100 Installation Floater Coverage IM7105 Schedule of Coverages Installation Floater Coverage Additional Premium due: $6,239 Further, the following is added as an Additional Insured under this policy as respects the project contained within this endorsement and is granted a 30 day notice period for cancellation of this policy: City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 Authorized Representative: Name: Randal M. Lee Title: Managing Partner Insured: Jhabores Construction Co., Inc. Policy Number MAXA5IM0047532 Endorsement #4 J IM 7851 04 04 Copyright, American Association of Insurance Services, Inc., 2004 AAIS 1161 7105 0810 Page 1 of 2 SCHEDULE OF COVERAGES INSTALLATION FLOATER COVERAGE (The entries required to complete this schedule will be shown below or on the "schedule of coverages') PROPERTY COVERED (check one) [ 1 Blanket Coverage Jobsite Limit Catastrophe Limit 1 1 Scheduled Locations Coverage Loc. No. "Jobsite" "Limit* 2 Veterans Cemetery Effluent Lift Station and Force Main Project No. 7429 $ 748,726 $ Catastrophe Limit $ limit" COVERAGE EXTENSIONS Additional Debris Removal Expenses $ Emergency Removal days Limited Fungus Coverage $ SUPPLEMENTAL COVERAGES Pollutant Cleanup And Removal Sewer Backup Temporary Storage Locations Transit $ 50,000 $ 50,000 Copyright, American Association of insurance Services. Inc.. 2010