Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C2011-484 - 10/18/2011 - Approved
2011-484) 10/18/11 M2011-233 Graham Construction Services Inc. • • . .r• . • : • • • " , NS:•••••-•••••• •••"::., • : ,•• • :• . • , en glneers... : 1 architects : 1 contractors , .. ' . . . .. ::. ..„ f , . .,. .. . ....e 01.1NA- Vi.,g4t iPrii. ,. i i:il..L:e- :-300 '....- i Cot:p0s:: Chk,•itly---• Texas P.ti.Ques : ::..0.11L- i9B .. 13.83.41 ...- : . . - - Fax :-.3 1:-+.1183-,-1913 • • - AeTE14ATE12:.!--:POAF174,..:.... ...........:.: :.: .- . • - : . ... ---. ... .. . dtVir..:.Ot,::00pqpi....pil3. ..:... ..... .. EXAS . .. .... . _ . : .::, ... .• ,...:-......Photi.0::::::-:•5...4/.p;.•q,.;Boo:....:-........:... ......,.... ... ........ ... ..... ...::.. ..„ . .. ....... . •:.••-::•::.:-;.••..::::i•:-..:::.:-..;:::::..io3:10-...tj....7iit:.E:.:.......-......-......-...-..... ,.. ::......:.................. .....„...„-c.......0....,,,i.,,....._.... ... ... .. ... ...............:. :....: ..• ....yz...::.-...;,.:::::..-:,:..: : ..:...........i-:::,.....:•...,..::... ...,::•:...........:..:..,.:.: :...:::::•. ...-.••: • ..-.:"..: , . ..- :..: • .. ... • . ... .. . . .. .. ..... . . . . .. . . ...: . . ...,...........,:„.„......... ....... . . .. DgPIRT,'E..-i.pt..,,E.:-c:.907FO.:.,";.:.:.-i/4t7...:.-,:18566.:.ib.:::.i.....:....,.:......:...:..:...-:-.:: '.....:..........-...: • : :::...::::-:-.......-':;:.::-:;.:.:.:,.,:::?.'::. ;:':••:-..:,.. ....eiTyi:.....". ...-:::.-.•...7...:..::/....;"2..:::.71:;:':7TT.. 7..:.'::..:..:::: Phone: ..- -.-...„8sT......... ,... .... : . :.. ..:.....:i......, .i .. .... . ....0F...r... :•-• -,-..,:, .-..::-.:-...:...,.:•:....::._:..•_:...... ..... ._.... . . ..,.....:.........• ... ..........„ . ... . . .. • • . ::. .. :,...:....: . .......... . . . ..... . . . .. . ...., . . _..........1,...i.iiiit....:::::,:.:....,..„.. .....:::,..:...:._...:..:::::.:-::,:-..-::::-. ENGINEERING : .. ..4 .." ..t . :* e ... .: . . . . . . .. `rt 6 %.SERVICES , , .: .... . 7......i.....:.....„...,..... . :•..:- •••- ...,....,....:_......:....z...:.....z...:.:....::::......-:..,.......,.:-.:::::-...!:-:_..i.,.:...,,....-:-.-":-.,-:-..s.i.• :-.:• :." - • .. • ... . - • ....• .................. ....-.......:._ .......!..,....,•:.,.:::::-.::.......-.:...::....•::..,Ti.:-...••._ . ... : .. f. i .0..:.„..... . 7 .: ...-1* tp1::.•::-.--.':-.::::':.•••:::::•.- •.' • . -. . --•:•••:.',:-:•••....:-;:..,:,...:..7.,...-- ..,....,..., . . •: r.......--.+•.,•• 7...''': -•:: e; ::.o.F.7.::. . . ... ......:....0:*-4..:.; ..-:-.: •.: ..,:. . . :-...-..: - • ' • 7 '4- i .... ! .4 . - • :...t.,...1.144140.P.' ' '''. : :1 ' 4. .. 11....111i. I. . .. . . .. . • ,•,s..u. ggiOO .....• ..-..r1.1,....-:„..::..:..0.•.? -•.1 0,:1.31., 04i...• ., 8.-...i.16i..,7.:.tt:'e.ic.. 1i!t...: 1t7. 4:-...:.g..:......:4,,i..•--9.i.•e.' '../ ' ...k.-6.. ,.' • o 13585. .1.0.... .: .. ..:'•.• . :.- . . • . . • . '• .' . . .. ' ' . . . ' . . .. . .. .- . . - 4,-... ......, - . ,.,,.. • _ CIVIL • • frrf117c.:. ECTRICILT0 - . (Revised 7 /5/00) RESACA LIFT STATION UPGRADE 2009 PROJECT NO 7447 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 (NOT USED) A -14 Construction Equipment Spillage and Tracking (NOT USED) A -16 Disposal /Salvage of Materials 71 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction Ai 19 Construction Project Layout and Control (NOT USED) A -20 Testing and Certification A 21 Project signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds • A 25 Sales Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A- 30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents (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 39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section 8 -8 -6: Partial Estimates A 41 Osonc Advisory (NOT USED) A -42 OSHA Rules & Regulations Table of Contents Page 1 of 3 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 46 Dicposal of Highly Chlorinated Wa.tcr (7/5/00) (NOT USE]) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress A -51 Computer Generated Proposals A -52 Confined Space Entry Requirements ATTACHMENTS 1 - Electronic Bid PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 026206 DUCTILE IRON PIPE AND FITTINGS Section 026210 POLYVINYL CHLORIDE (PRESSURE) PIPE Section 099020 PAINTING PART T - TECHNICAL SPECIFICATIONS Section T- 024000 DRILLED CONCRETE PIERS Section T- 032000 REIFORCING STEEL Section T- 033000 CAST -IN -PLACE CONCRETE Section T- 036000 GROUT Section T- 041000 MORTAR AND MASONRY GROUT Section T- 043000 UNIT MASONRY SYSTEM Section T- 051200 STRUCTURAL STEEL Section T- 052000 MISCELLANEOUS METAL Section T-071810 WATER REPELLENT COATING Section T- 110500 .GASKETED ALUMINUM STOPLOG SYSTEM Section T- 151010 INLINE CHECK VALVES Section T- 151020 CHECK VALVES (LEVER & WEIGHT OPERATION) Section T- 151030 PLUG VALVES Section T- 151620 SUBMERSIBLE PUMPS FOR WASTEWATER Section T- 160010 ELECTRICAL GENERAL SPECIFICATIONS Section T- 160030 EEMRGENCY / STANDBY POWER SYSTEM (800 KW) Section T- 160050 GENERATOR SET PARALLEL EQUIPMENT PART W - DRAWINGS 1. Cover Sheet 2. Legend and Quantities 3. General Notes 4. Overall Site Plan 5. Site Drainage & Sump Pumps 6. Plan of Lift Station and Vault 7. Section of Lift Station and Vault 8. Civil Details 9. One Line Diagram 10. Sump Area Conduit Plan 11. Sump Area Instrument and Electrical Elevation 12. Flood Abatement Sump Pumps Electrical 13. Electrical MCC /GEN Building Electrical Plan 14. Electrical MCC /GEN Building Grounding Plan 15. Conduit & Cable Schedule 16. Structural Notes & Design Criteria 17. Monorail System Foundation Plan & Details Table of Contents Page 2 of 3 18_ Monorail System Framing Plan & Details 19. Monorail System Sections & Details 20 Existing CMU Wall Demo Plan 21. Perimeter CMU Wall Layout Plan 22. Perimeter CNN Wall Details, Sections & Notes 23. Perimeter CMU Wall Details & Sections NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: RESACA LIFT STATION UPGRADE 2009; PROJECT NO. 7447; consists of the installation of three (3) new 215 HP Flygt Pumps, three (3) new 14" Pump Discharge Base Connections, three (3) #670 Impeller Replacement /Upgrades, Electrical Improvements, SCADA Improvements, 800 KW Generator with 500 gallon Fuel Tank, Air Duct Improvements /Modifications, 16" Discharge Piping and Valve Improvements, Concrete Pipe Support for 16" Discharge, four (4) ton electric chain hoist with motor driven trolley, and 8 -Foot High Perimeter CMU Flood Abatement Wall. In addition, this project will also include intense coordination with plant personnel to minimize project impacts on plant operations, in accordance with the plans, specifications, and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m.on Wednesday, August 10, 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, August 2, 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 site visit will follow the pre -bid meeting, if requested by Bidders. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks o- d 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. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary 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 -J.1 and Supplemental Insurance Requirements ■ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - NOTICE TO CONTRACTORS.- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110,110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction—Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)- -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained onto impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll axnounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to . provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and. (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 1 .1 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(4)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance_ This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 Tess 110.1 1o(e)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 10of11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2:00 p.m., Wednesday, August mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -- RESACA LIFT STATION UPGRADE 2009; PROJECT NO. 7447 with the official will be received in floor of City Hall, 10, 2011. Proposals Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting is scheduled for 10:00 a.m., Tuesday, August will be conducted by the City. The location of the meeting Department of Engineering Services Main Conference Room, Third Hall, 1201 Leopard Street, Corpus Christi, Texas. A site visit the pre-bid meeting, if requested by Bidders. 2, 2011 and will be the Floor, City will follow No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project RESACA LIFT STATION UPGRADE 2009; PROJECT NO. 7447; consists of the installation of three (3) new 215 HP Flygt Pumps, three (3) new 14" Pump Discharge Base Connections, three (3) #670 Impeller Replacement /Upgrades, Electrical Improvements, SCADA Improvements, 800 KW Generator with 500 gallon Fuel Tank, Air Duct Improvements /Modifications, 16" Discharge Piping and Valve Improvements, Concrete Pipe Support for 16" Discharge, four (4) ton electric chain hoist with motor driven trolley, and 8 -foot High Perimeter CMU Flood Abatement Wall. In addition, this project will also include intense coordination with plant personnel to minimize project impacts on plant operations, in accordance with the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated based on the following priority order, subject to the availability of funding: 1. Total Base Bid Section A - SP (Revised 12/15/04) Page 1 of 25 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference RESACA LIFT STATION UPGRADE 2009; PROJECT NO. 7447; as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 240 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director; of Engineering Services or designee ("City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered , by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without. notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Revised 12/15/04) Page 2 of 25 A -8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal_ Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder.. A -i0 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. In cuss of conflict, Contractor shall use higher wage ratc. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor. shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1- 800 -344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and the Verizon Dig Alert at 1- 800 - 483 - 6279. For the Contractor's convenience, the following telephone numbers.are listed. Section A - SP (Revised 12/15/04) Page 3 of 25 City Engineer Project Engineer LNV, Inc. TBPE P'i,rm No. F -366 W. Logan Burton, P.E. Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Street Operations Solid Waste Services A E P AT &T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 883 -1984 826 -3540 886 -2600 826 -3500 883 -1986 (fax) 826 -1881 (826 -1880 826 -1800 (826 -1880 885 -6900 (885 -6900 826 -1875 (826 -1880 826 -3461 826 -1940 826 -2489 1- 877 -373 -4858 881 -2511 (1- 800 -824 -4424, after after after after 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 hours) hours) hours) hours) after hours) 826-3547 (857 -5060 after hours) (Pager 800-724-3624) (Pager 888- 204 -1679) (Pager 850 - 2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from . existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work .as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer Service lines must be provided by the Contractor. Section A - SP (Revised 22/15/04) Page 4 of 25 A -13 Area Access and Traffic Control (NOT USED) Cu- ficient tra f e control mca ures must bc used to assure a cafe condition and to provide a minimum of inconvenience to motori.,ts and the public. minimum adverse impaet on the acce oibility of the plant operations and widths, construction of temporary ramps, etc. • deetment arc available through the City,s Traffic Engineering Department. The Engineering Department: in the Proposal. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals (NOT USED) Thc excavated ar as behind curbs and adjacent to sidewalks and driveways must fertilizer. Thc dirt must bc free of dcbri;., caliche, asphalt, concrete and All evicting concrete and asphalt within the limits of the Project mutt be removed unless othcrwice noted. All necessary removals including but not limited to. pipe, driveways., sidewalks, ctc., are to bc concidcrcd subsidiary to the bid item for "Street A -16 Disposal /Salvage of Materials The City requires that the impellers and other miscellaneous pipe fittings on this project be collected by the Contractor for inspection and possible salvage, by City Wastewater personnel. The City will designate a location on plant property for the disposition of those items by the Contractor. Excess excavated material, broken asphalt, concrete, broken culverts, mechanical equipment, 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. Section A - SP (Revised 12/15/04) Page 5 of 25 A&7 .F p d Off ce (NOT USED) The ficld office muot be furniahcd with a tclephone (-with 24 hour per day ceparatc pay itcm for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on =AMA R 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. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. .Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to -the City from the monthly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. Section A - sP (Revised 12 /15/04) Page 6 of 25 January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days — Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As -Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, O&M manuals (in electronic format as required), CCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City. Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) If CDBC project, all federal forme completed and ubmittcd (8) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to • director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment • (AFP) prepared and submitted Accounting Department (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. , Section A - SP (Revised 12/15/04) Page 7 of 25 A -19 Construction Project Layout and Control (NOT USED) ccctiono, m acurcmcnto, bcnch marks, baeclincc, etc. that arc normally povidcd by thc City or Consultant rrojcct Enginccr. �- - control of thc work. coot to thc Contractor. Control pointo or bcnch marko damagcd ac a rccult of If, for whatcvcr reason, it is ncccooary to dcviate • from propoccd linc and thc City or Consultant rrojcct Enginccr opinion of thc City or Coneultant rrojcct prier to Engineer, supporting measurements as requircd for Enginccr to rcviac thc drawings. thc City deviation. If, in thc the rcq -ired dcviation or Ce cultant rrojcct cxicting and propoccd, for thc purpocc of adjusting valvca and manholco at Engineer may rcquirc that the Contractor furnish a maximum of two (2) perrsonncl for thc purpooe of a cis.ting thc measuring of thc complctcd work. and verification of compliance- with thc Contract Documents, piano and specificatiens. Said coiapliancc eeetification shall be previded and prcparcd Contractor. The Third ]arty or in houcc R.P.L.S. shall be approvcd by the City prior to any work. Any discrcpancica shall be noted by the Third Party Following is thc minimum stichcdule of documcntation required. Ctrcctc: • All curb rcturns< at point of tangcncy /point of circumfcrcncc Strcct crowns on a 200' intcrval and at all intcr ectiono. Waotcwatcr: Section A - SP (Revised 12/15/ 04) Page 8 of 25 Water: • All top of valves box; • Cacing elevations (top of pipe and flow line) (TXDOT an? flR pern it_) . Stormwatcr: • All intcroccting lincn in manholcc; A -20 Testing and Certification All tests required 'under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) following drawings. (Attachment 1, CDBC Pre&cct Eign) Thc wign munt bc determined in the field by thc City Engineer. Thc City will providc one (1) bond 2008 Projcct Sign to bc inotallcd by thc Contractor. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City-of Corpus Christi that maximum opportunity is afforded minorities, women and Minority, Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Section A - SP (Revised 12/15/04) Page 9 of 25 c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s)_ Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan.Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage,' and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it .must be owned by a minority. person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint, Venture: A joint venture means.an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. .The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 12/15/04) Page 10 of 25 3: Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage. terms for the Contractor's . aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be . substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Comjliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a. timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work. for which a permit is required and to assure .a final inspection. aftcr thc building is completed and ready for occupancy. Contractor mutt obtain thc Ccrtifi atc of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by.City. A -24 Surety'Bonds Paragraph two (2) of Section B -3 -4 of-the General Provisions is.changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company . shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of Section A - SP (Revised 12/15/04) Page 11 of 25 the bond amount that exceeds ten. percent (10's) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10W) of the reinsurer(s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the .Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales .Tax Exemption (NO LONGER APPLICABLE) Ecction B 6 22, Tax Exemption Provision, is deleted in ito entirety and tho following thc Contractor ciccto to opera -tc under a ccparatcd centract as defined by ,Scction.3.291 of Chapter 3, Tax fdminictration of Title 31, Public Finance of incorporated into thc Project. 3. Provide resale ccrtifi atco to suppliers. 4. Provide thc City with copies of material invoices to cubctantiatc tho If thc Contractor does not eleet.to operate under a separated contract, he: resale certifi ate to the cubcoatractor and . thc subcontractor, in turn, A -26 Supplemental Insurance. Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an 'endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer Section A - SP. (Revised 12 /15/04) Page 12 of 25 covenants to mail prior written notice of cancellation or material change to: 1. Name :City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance. notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation. coverage. For contractual liability insurance coverage . obtained in accordance with Section .8 -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any'death at any time resulting from such injury, Or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused. directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk or Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Rick or Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 12/15/04) Page 13 of 25 A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the . basis for the claim, and an explanation why the claim has not been paid. The successful bidder will A bidder may alco be required to supply construction references and a financial statement, prepared no more latcr than ninety (90) days prior to the bid submission City Enginccr'c rcqucct, signed-and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with. the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A - SP (Revised 12/15/04) Page 14 of 25 Such written approval of field administration staff is a prerequisite to the City. Engineers obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff. for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -I3. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within, five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses. of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate .certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; Section A - SP (Revised 12/15/04) Page 15 of 25 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documcntation as required by special Provision A 3-5- K, if applicable.. 10. Within five (5) days following bid opening, Submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering. Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications. for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Section A - SP (Revised 12/15/04) Page 16 of 25 Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor Orientation Prior to performing work at any. City water facility, the Contractor, hi-s subcontractors, and ach of thcir cmployces mu-t and who dceirc to perform any work within any City watcr facility. For additional information refer to Attachment II. The Contractor shall not start, operate, or otop any pump, motor, thc City Watcr Dcpartmcnt. C. Protection of Water Quali -y Dcpartmcnt to protcct thc quality of thc watcr. D.. Conformity with MTCI /NCF standard 61 All materials and equipment uccd in •thc repair, reasccmbly, cinctallation, and inspection of pump, other itcma, which could comc into contact with potablc water -, must nalcaa ouch itcmo arc inapcctcd on the sits by authorized City peroonncl immediately prior to uoe. E. Handling and Diopooal of Traoh Section A - 5P (Revised 12/15/04) Page 17 of 25 H. Working hour., will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. •1. Centro -ter must not use any City facility rc trooms. Contractor mrevidc own sanitary facilities -:- vchicico are allowcd at 0. N. Ctcvenc Water Tr atmcnt Plant. All contractor employees must not leave thc designated construction ar a nor wander through any buildings other than for rcquircd work cvacuation. ACQUISITION) as detcrmincd by mccting the gealifications 1 thru 9 below. This work includes, but is not limitcd to, modifi ations, addition:, programming, cuotem zing, debugging, calibrating, or placing in operation all hardware and /or software specified or required by these opccifi ationc. work must be able to demonstrate thc following: is He is rcgularly engaged in thc computer based monitoring and control cyctcm business, prcfcrably as applied to the municipal watcr and wastcwatcr industry. thrcc prior projects. herein for at lca t 5 years. Cystcma Engineer, or an Elcctri al E ginecr to supervise or . perform thc work rege4.red by this spccifi atiens. 5. IIc employs personnel on this Project who have succcscfully completed a ma efacturcr's training- colarse in configuring software proposed for thc Contract. 6. IIc maintains a permanent, fully staffed and equipped scrvicc facility within 400 miles of the rrojcct sits to Section A - SP (Revised 12/15/04) Page 18 of 25 opccificd herein., 7. He :,hall furnioh equipment which lc the product of one not practiq 1, all equipment of a given type will be the product of one manufacturer. Prior performance at the 0. N. Stevens Water Treatment Plant will be 'uocd in evaluating whit i Contractor or D. The Contractor oha11 p educc all filled out programming required, to add thcoc two oystcmg- to thc existing City programming blocko which the City rcquirco to be filled in is not intended to zhow all .of the required ohcct . The Contractor will provide all programming blocko uccd. L. Trenching Requircmcnta number of cxioting underground obotructiono. NO trenching machinca shall be allowed on thc project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; • pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp:. Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each. copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. section A - SP (Revised 12/15/04) Page 19 of 25 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. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amr ded "Arrest 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." A -38 Worker's Ccupensatian Coverage for Building or Caist zuct;ai Projects far Govt pities The requirements of "Notice to Contractors `B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The icsuance of a certificate o occupancy for improvements does not A -40 Amendment to Section 8-8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. Section A - SP (Revised 12/15/04) rage 20 of 25 A -41 Ozone Advisory (NOT USED) Priming and het mix paving operations must not be conducted on dayu for which an ozone advisory has been issued -, except fer repairs. The City Enginccr will the day will not be counted as a we A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any .and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an 'act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any. and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. • A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. Section A - SP (Revised 12/15/04) Page 21 of 25 (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) The Contractor ohall be reoponoiblc for the diopocal of watcr uocd for agcncicc such ao 'TCH4, EPA, etc. It will be the Contractor's rczponsibility for dioposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (775/00) (NOT USED) Prior to any construction whatsoever on thc project, Contractor shall eaato—and cxpooc all cxiating pipelines- of the project that croon within 20 feet of propoced pipelines of the proj-ect and Contractor shall curvcy the exact vortical .and horizontal location of each crosoing and petettially conflicting pipeline. For cxioting pipelines which parallel and are within ten feet (10') of tt the aceuratc horizontal and vertical lo ationc of said parallel pipclincc at. 300 feet maximum O.C. Contractor ohall then prepare a report and submit it.to the City for'approval indicating the Owner of pipelines excavated and surveyed, as well as the approximatc station thereof, diotancc to thc pavement centerline and cicvationo of the top of exiating pipclincc. Exploratory cx avationo shall be paid for as Indicated In the proposal. Any pavcmcnt repair a- ociated with exploratory cxcavatione shall be paid for according to the catabliohcd unit pricc of pavement patching. Contractor -hall provide a13. hle own survey werk effect (ne Sepa-rate pay) for exploratory exeavationo. 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 CF &L and inform CP &L of his construction schedule with regard to said overhead lines. Section A - SP (Revised 12/15/04) Page 22 of 25 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 .�_ expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A- 50'Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated. by the City, on a yearly basis. If funds, for any reason, are not appropriated. in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Computer Generated Proposals The following paragraph modifies B -2 -7. Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer - generated print -out, in lieu of, the Proposal (SHEETS X -X), INCLUSIVE. The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal. If the Contractor chooses to submit a print -out, the print -out shall be accompanied by properly completed proposal'pages. A sample print -out is shown in Attachment 1. In addition, the print -out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items . (including any additive or. deductive alternates) contained in this proposal are the unit prices and no other Information from print -out. (Contractor) acknowledges 'and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Sid amount will be determined by multiplying the unit bid price (Column IV) shown in this print -out by the respective estimated quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) " Section A - SP. (Revised 12/15/04) Page 23 of 25 A -52 Confined Space Entry Requirements Contractor will be required to comply with all OSHA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated requirements for entry into these areas, including compliance with OSHA Regulation .(Standard 29 CFR) Permit Required. Confined Spaces 1910.146. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the engineer with this certification information of any /all personnel who are doing confined space entry work. section A - 3P (Revised 12/15/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 DRAWING NO. STL 192 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV, INC., W. LOGAN BURTON, P.E. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL APPLICABLE SPECIFICATION . OR DRAWING SUBNI Section A - SP (Revised 12 /15/04) Page 25 of 25 SAMPLE COMPUTER PRINT - OUT PROJECT TITLE DATE (YOUR COMPANY'S NAME HERE) I II III Iv v Bid Item Qty. Units Item Description Unit Price In Figures Bid Item Ext. Qty x Unit Price Al 34475 SY Street Excavation $ - $ - A2 5,033 SY 6" Cement Stabilized Salvaged Base A3 etc. etc. etc. Sub -Total Base Bid "A" Items (Items Al -A21): Sub Total Base Bid "B" Items (Items B1 -B21): Sub -Total Base Bid "C" Items (Items C1 -C21): Sub -Total Base Bid "D" Items (ItemsDl -D21): Total Base Bid: ATTACHMENT 1 w✓ AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 18TH day of OCTOBER, 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 Graham Construction Services, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,891,600.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 (TOTAL BASE BID: $1,891,600.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 240 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 APPROVED AS TO LEGAL FORM: 11 1 11 By: cL Asst. City Attorne ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF • RPUS C 1ST By: Juan 'erales, Jr , ".E. Assistant City anager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Graham Construction Services Inc. Title: 2995 Lone Oak Circle, Ste. 1 (Address) Eagan, MN 55121 (City) (State)(ZIP) 651/687 -0648 * 361/881 -1279 (Phone) fYlzvt -�3� ...�.4,. -.. AtIl!THORIZEU Page 3 of 3 Rev. Jun -2010 P R O P O S A L F O R M F O R RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS �vxsaoj !Proposal Form REV if Proposal Form Page 1 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 1 of 9 Proposal of P R O P O S A L Place: Date: Graham Construction Services, Inc. August 10th, 2011 a Corporation organized and existing under the laws of the State of Minnesota OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: M `Proposal Fora REV 11 Proposal Form Page 2 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 2 of 9 RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 Base Bid • I II III IV v ITEM WY I LS Description Unit Price 9 o OM Total MOBILIZATION / DEMOBILIZATION, COMPLETE IN PLACE PER LUMP SUM. $ q® 000 Oa 2 3 EA PUMP NP3356, 670/460MM IMP (ASTM A -532), 215 EP, COMPLETE IN PLACE PER EACH. alt �C A 05 0010 $_,OW.00 J f 3 3 EA FLYGT 14" PUMP DISCHARGE BASE CONNECTIONS, COMPLETE IN PLACE PER EACH. ¢ � �{ y $ 16110o 4 3 EA 670 460MM (ASTM A --532) IMPELLER REPLACEMENTS / UPGRADES, COMPLETE IN PLACE PER EACH. x X `% y�p�j __/,_� (J(/ $ 249'4949,00 5 1 LS GENERATOR PARALLELING SWITCH BOARD MODULE, COMPLETE IN PLACE PER LUMP SUM. � $ 4/1 ��� °MOO 6 1 LS ELECTRICAL IMPROVEMENTS, COMPLETE IN PLACE PER LUMP SUM. 7 -r uf` $ 4/70w. 7 1 EA 800 KW ELECTRICAL GENERATOR, COMPLETE IN PLACE PER EACH. 34ctl? $ kivaz %e 8 1 EA 500 GAL GENERATOR DIESEL TANK, COMPLETE IN PLACE PER EACH. 1 $ D Q. OP 9 1 LS INSTRUMENTATION, SCADA INTEGRATION, PLC PROGRAMMING ALLOWANCE, COMPLETE IN PLACE PER LUMP SUM. $20,000 $20,000 g 1 IREVI9El 1Propoaa1 Form REV l) Proposal Form Page 3 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 3 of 9 10 1 LS MODIFICATIONS TO EXISITING GENERATOR CONTROLS, COMPLETE IN PLACE PER LUMP # // 000 --- $ SUM. 11 1 LS AIR DUCT IMPROVEMENTS / MODIFICATIONS, COMPLETE IN PLACE PER LUMP SUM. �(%®0 d $ ( 1p0 12 3 EA 16" x 14" DI ECCENTRIC REDUCER, COMPLETE IN PLACE PER EACH. f jj pp $ [�r / 13 3 EA 16" x 19' --3" LONG RISER PIPE (C905 DR 18) , COMPLETE IN PLACE PER EACH. I goo $ Av 14 3 EA 16" DI 30 BEND (FLG), COMPLETE IN PLACE PER EACH. 1� $--,C/410dOa 15 1 CA 16" x 10' -8" LONG DIP SPOOL (PE x PE), COMPLETE IN PLACE PER EACH. !� ( 0, $ ' ® n0 16 2 EA 16" x 2' -4" LONG DIP SPOOL (PE x PE), COMPLETE IN PLACE PER EACH. /»' $ � 17 12 EA 16" ADAPTER COUPLING (MEGAFLANGE SERIES 2100), COMPLETE IN PLACE PER EACH. 70 0 k® $ / 10 vV V "• d 18 3 EA 16" CHECK VALVE (FLG), COMPLETE IN PLACE PER EACH. �y [r�(�V '� �y7 $ W %QW, or 19 1 EA 16" ECCENTRIC FLOG VALVE (FLG), COMPLETE IN PLACE PER EACH. $ 20 1 EA 30" X 16" DI TEE (FLG) , COMPLETE IN PLACE PER EACH. /�%�J $ 70000 Oa 21 1 EA 30" ADAPTER COUPLING (MEGAFLANGE SERIES 2100), COMPLETE IN PLACE PER EACH. l 1;6_0_ $ O0 22 3 EA 15 -IN CHECKMATE INLINE STORMWATER CHECK VALVE, COMPLETE IN PLACE PER EACH. } �' $ / 23 3 EA SUMP PUMPS - COMPLETELY INSTALLED IN PLACE INCLUDING 1.5" FORCE MAIN & ELECTRICAL, COMPLETE IN PLACE PER EACH. $ I9Gr 0° ss 'Proposal Form REV 1 Proposal Form Page 4 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 4 of 9 24 1 LS DEMOLITION & DISPOSAL OF EXISTING CMU WALL AND DECORATIVE IRON FENCE, COMPLETE IN PLACE PER LUMP SUM. /— 3 °® ` $ 1� 4 / ,�y� 8 000 25 1 LS PERIMETER FLOOD WALL, COMPLETE IN PLACE PER LUMP SUM. $ ,0 26 1,016 SF REMOVAL OF EXISTING CONCRETE PAVING, COMPLETE IN PLACE PER SQUARE FOOT. $ At/ 27 900 SF CONCRETE PAVING REPLACEMENT, COMPLETE IN PLACE PER SQUARE FOOT. t S( ' 7l 28 100 LE REMOVAL OF EXISTING CURB, COMPLETE IN PLACE PER LINEAR FOOT. �f $ V 29 97 LF CURB REPLACEMENT, COMPLETE IN PLACE PER LINEAR FOOT. i V , Od $ �o 30 1 LS REMOVABLE STOP LOG FLOOD GATE SYSTEM FOR DRIVEWAY, COMPLETE IN PLACE PER LUMP /4,ZDA $ S SUM. 31 1 LS REMOVABLE STOP LOG FLOOD GATE SYSTEM FOR GATE, COMPLETE IN PLACE PER LUMP t �9 ! ,,,�`� $ `7 oaa,- 00 / / SUM. 32 1 EA CONCRETE PIPE SUPPORT FOR 16" DISCHARGE, COMPLETE IN PLACE PER EACH. $ j 7 �1,� di ] 7 33 1 LS STRUCTURAL STEEL FRAME FOR MONORAIL SYSTEM, COMPLETE IN PLACE PER LUMP SUM. �� $ , 0 61 34 1 LS MONORAIL FOUNDATION IMPROVEMENTS (INCLUDING PEDESTALS, CAPS, & PIERS, COMPLETE IN PLACE PER LUMP SUM. 2z %f�� $,)-3/000, o9 35 1 LS 4 -TON ELECTRIC CHAIN HOIST WITH MOTOR DRIVEN TROLLEY (COLUMBUS MCKINNON LODESTAR XL MODEL 5215M OR APPROVED EQUAL) WITH 35 -FT LIFT AND ASSOCIATED ELECTRICAL IMPROVEMENTS, COMPLETE IN PLACE PER LUMP SUM, CVO Cl� $ 30J /'�ry 0.00 36 1 EA 30" FULLY RESTRAINED MJ CAP OR CONCRETE ot $_?009 THRUST BLOCK, COMPLETE IN PLACE PER E ACH. .00 37 I LS ALLOWANCE FOR UNANTICIPATED RELOCATION . $10,000 $10,000 OF CONFLICTING UTILITIES, DRILLED PIERS, ETC., COMPLETE IN PLACE PER LUMP SUM. TOTAL BASE BID: $ (Bid Items 1 through 37) kn12:A 'Proposal Form REV 11 Proposal Form Page 5 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 5 of 9 The undersigned hereby declares that he has visited the site _ and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Comp letian: The undersigned agrees to complete the work withinL2-90 eaiendar da sjfrom the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. cei t of the following addenda is acknowledged (addenda number) : 01j (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: ave Lenss, PP ent (SIGNATURE) Addre s s : 2995 Lone Oak Circle, Suite 1 (P.O. Box) Eagan, MN 55121 (Street) zse (Proposal Form REV 11 Proposal Form Page 6 of 9 ADDENDUM NO. 'I Attachment No. 8 Page 6 of 9 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No 105587173 'That Graham Construction Services Inc, of the City of Eagan , County of Dakota. and State of Minnesota as principal ( "Principal "), and Travelers Casualty and Surety Company a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly, bound unto the City of Corpus Christi, a Horne Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whore shall have a right to sue upon this bond in the penal sum of ONE MILLION, EIGHT HUNDRED NINETY -ONE THOUSAND, SIX HUNDRED AND NO /100 U.S. Dollars ($ 1,891,600.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 18TH day of OCTOBER, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: RESACA LIFT STATION UPGRADE 2009 PROJECT NO 7447 (TOTAL BASE BID: $1,891,600.00) Now; therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts. work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void: otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract tirne or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. iKev Date May 201 1) Payment Bond Page 1 of Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended_ Provided further, that if any legal action be filed on this bond, venue shall lie in Nuec.es County. Texas. The undersigned .agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices nia.y be delivered and an whom service of process may be had in utters arising out at such suretyship, as provided by Sections 3503.001 to 3503.005 Texas Insurance Code, as amended. In witness whereof, said Principal and Suroty have signed and sealed this instrument in 4 copies. each one of which shall be deemed an original, this the 27 day of October , 2011. PRINCIPAL Graham Construction. Services,,_Inc ...,_ ELUL ra Cc. BC Title: ATTEST Secret- y 7/ Address: 2995 „Lone Oak Eag4n,,,,Minne5,ota._551 21_ _. (R-'_.;v Grate May 2011) SURETY _Travelers..Cas. By Attorney -in -'fact Kevin Keetch, Attorney-in-Fact Address: One Tower Square., 2S ZB.___.._ Hartford Connectcut_Q618.3...._... Telephone:. j 0c27744.94........_. E Mal _as.andhu@travelets.com Payment Band 2 of Name and address of Resident Agent of Surety in Nueces County; Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: P.O. I3ox 3280 (Physical Street Address) _Corpus Christijexas, (City) (State) (Zip) Tetephone: 361:883-3803 E-Mail: kwoods@keetchins.com Note. Bond shall be issued by a solvent Surety company authorized to do business in Texas. and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Origina; Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NIECES KNOW ALL BY THESE PRESENTS; BOND No. 105587173 That Graham Construction Services, Inc, of the City of Eagan , County of Dakota and State of Minnesota , as principal ("Principal"), and Travelers Casualty and Surety Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi; a Horne Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE MILLION, EIGHT HUNDRED NINETY - ONE THOUSAND, SIX HUNDRED AND NO /100 U_S. Dollars ($1,891,600.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety. bind ourselves and our heirs, executors. administrators., successors and assigns; jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 18TH of OCTOBER, 2011: which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of RESACA LIFT STATION UPGRADE 2009 PROJECT NO. 7447 (TOTAL BASE BID: $1,891,600.00) Now therefore, the condition of this obligation is such, that if said Principal shall Faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including arty changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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 (OWNER)., then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount. and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings; etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev Due May 201 1) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas C;overnment Code, as amended. Provided further, that if any legal action be filed an this bond. venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any regui ii.c notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies: each one of which shall be deemed an original, this the 27 day.of October , 20 11 PRINCIPAL Graham Construction Services, Inc. 6421,64.0.— Title:...' . Cr rg ouo TeRA-krti Address: 2995 Lone Oak Circle, Suite 1 Eagan, Minnesota 55121 +Re . Date May 201 '7. SURETY Travelers Casualty and Sure y Co npa By: r ttorney• -in-fact Kevin Keetch, Attorney -in -Fact Address: One Tower Square, 2S2B Hartford, Connecticut 06183 Telephone 860- 277 -0494 .__ Fax.. 860- 277 -3931 E Mail'. asandhu @travelers.com Performance Bond Page 2 of 3 Name and address of R.esident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name; Kevin Keetch Agency: Keetch & Associates Address; P.O. Box 3280 (Physical Street Address) Corpus Christi, Texas, 78463-3280 . _ (City) (State) (Zip) Telephone: 361-883-3803 E-MaU:kwoods@keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and snail meet any other requirements established by taw or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract, END (Rey. Date May 2011 'i Performaric.,:: Bond Page 3 of 3 TRAVELERSJ City of Corpus Christi Legal Department 302 S. Shoreline - P. O. Box 9277 Corpus Christi, Texas 78469 Re: Certification of Power of Attorney for Performance and Payment Bonds: City of Corpus Christi Public Works Contract: Various Gentlemen: I hereby certify that the facsimile power of attorney submitted by Betty J. Baxter, Lee Anna Biesenbach, Kevin G. Keetclr, Donna Kauf, Kerry J. Woods, Tracie Henderson and Lonna Pokrant on behalf of FARMINGTON CASUALTY COMPANY, FIDELITY AND GUARANTY INSURANCE COMPANY, FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST. PAUL GUARDIAN INSURANCE COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, UNITED STATES FIDELITY AND GUARANTY COMPANY, for Various (contractor) is a true and correct copy of the original power of attorney on file in the records of the surety in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of such power of said agent, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof Signed this 5th day of October, 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance C . 'Ei .:. y St. Paul Guardian Insurance Comp The State of Texas City of Dallas St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Ti le: ' i'stopher H. Nobl Regional Vice President Sworn and subssrrcrib,ed to before me on this 5th day of October, 2011. �� Frances Adams, Notary Public My Commission expires: January 6, 2015 This instilment was acknowledged before me on October 5, 2011 by Christopher I3. Noble, Regional Vice President of FARMINGTON CASUALTY COMPANY, FIDELITY AND GUARANTY INSURANCE COMPANY, FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST. PAUL GUARDIAN INSURANCE COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, , UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, on behalf of said corporation. Frances Adams, Notary Public My Commission expires: January 6, 2015 J TRAVELERS) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222582 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004401 455 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Betty J. Baxter, Lee Anna Biesenbach, Kevin G. Keelch, Donna Kauf, Kerry J. Woods, Trade Henderson, and Lonna Pokrant of the City of Corpus Christi , State of Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted- in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 2011 day of Y State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 6th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, ice President On this the 6th day of July 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440- 6- 11Printed in U.S.A. \.0.A.th C . ittetASAL Marie C. Tetreault, Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED! BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vrce President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. L Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fideltty`and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, wluch..is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said'Coinpanies this 27 day of October , 20 11. Kevin E. Hughes, Assistant S tary To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at wwwxravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WAIVING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDE (City) (State) (Zip) Telephone : 651- 687 -0648 Do not detach bid from other papers. Christi Fill in with ink and submit complete with attached papers. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION (Revised August 2000) CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Graham Construction Services, Inc. P. O. BOX: STREET ADDRESS: 2445 Lone Oak Circle, Suite I FIRM IS: 1. Corporation 4. Association ❑ CITY: Eagan, MN ZIP: 55121 2. Partnership ❑ 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 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 None is (Proposal Foem REV 11 Proposal Form Page 7 of 9 ADDENDUM NO, 1 Attachment No. 8 Page 7 of 9 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or rinore of the ownership in the above named "firm." Name Consultant None FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary_ [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dave Lenss Title: President (Type or Phi* Signature of Certifyin Date: Person: DEFINITIONS August 10th, 2011 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. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. 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 entity. "Constructively held" refers to 1Proposal Vorm REV 11 Proposal Form Page 8 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 8 of 9 g. holdings or control established through voting trusts, proxies, or special terms of venture or Partnership agreements." "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. ased Proposal Form REV 11 Proposal Form Page 9 of 9 ADDENDUM NO. 1 Attachment No. 8 Page 9 of 9 CERTIFICATE OF LIABILITY INSURANCE flP ID: MA DATE BINIUDIJNYYTi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOVII• , THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED A CONTRACT BETWEEN THE ISSUING INSURER(S), policy(Na) must be endorsed N SUBROGATION A statement on this certificate doss HOLDER, j BY THE POLICIES AUTHORIZED ,. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the the taws" and conditions of the policy, certain policies may require an endorsement. certificate holder In Rau of such sndorsemsnt(a). IS WAIVED, subject to not confer riots to the PRODUCER 425.489.450' 0 Hub International Northwest 425.489-4501 P. 0. Bose 3018 Bothell, ANNA 98041.3018 Bill Bates ,, MOM __ °' I GtIG Not -- -� tiNIS GENERAL LIAa1LiTY GENERAL LIABILITY annorstDJ RANA -5 KOURERIS) AFFORDING COVERAGE 10131111 IIaAw $ EACH OCCURRENCE INSURED Graham Construction Services, Inc. 2995 Lone Oak Circle Eagan, MN 55121 RNSUNIMA:Arch Insurance Compare 1,000,000 ©COhMM1ERCYIL ■. 05101118 7 mum s :Starr indemnity & Liability Co 1 311318 100,000 MUM c' MED EXP (My orr_panwil INSURER D : 1,000 sl0UNER E : PERSONAL a ADV MAMY s ! 1,000,000 GENERAL AGGREGATE COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE pOUCy 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. DIM ,. • ���, LOAM A GENERAL LIAa1LiTY GENERAL LIABILITY OCCUR 74 PKG8744tI07 10131111 EACH OCCURRENCE s 1,000,000 ©COhMM1ERCYIL ■. 05101118 7 EoE,_ _Ramos 1 100,000 CLAU .MADE © MED EXP (My orr_panwil a 1,000 PERSONAL a ADV MAMY s ! 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGOREGATE LIMIT POLCY 1GAI E APPLIES PER PRCDUCTB - =AMP AGO $ 2,000,000 LOC _ A AUTOMOBILE LIABILITY ./ ALL OVMVED AUTOS SCHEDULED AWOS HIRED AUTOS NON- OYItED AUTOS / 71 PKG8744607 10/31/11 05101/13 V )sINGLE LINT s 1,000,000 • BODILY DIMLY (Pr perm) $ BODILY INJURY (Per lldddenl) $ . © PROPERTY DAMAGE (Prsootdsnt) $ X $ $ B pl II UMORELIA LIAR rxctesLUS X ii OCCUR CLAIMIAVDE SlSCCCI.01625411 10/31/11 05101x18 EACH OCCURRENCE $ 3,000,000 AGGREGATE s 3,000,000 DEDUCTWE r $ A WORKERS COMPENSATION t,: AND a MPLOYERe' UAa0.ITY ANY YQ oFRCERBMIEER EXCLUDED, M� in tie CRIPTION OF OPERATIONS Mlwr NI A 71WC18744507 NIA TO ADD INSURED 10/91111 10131112 ` x 1 WC StATU- 1 IoTH- TORY LIlrCTS ISi EL EACH ACCIDENT $ 1,000,000 EL DISEASE -EA GRIME $ 1,000,000 LL DISEASE - POLICY LIMIT 1 1,000,009 oreciernoo OF OPERATIONS / tOCMN)N$ I VEHICLE ACORD I07, IlWtllbn. Rr bete e,Mdu ,11:Im a Is nqulead) ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO LIABILTIY POLICIES AS REQUIRED BYWRITTEN CONTRACT: CITY OF CORPUS CHRISTI. SEE ATTACHED 1 ENDORSEMENTS TOINNCCLLUU E OF SUBROGATION(GLIAUTOIWC). ENDORSEMENTS V RE: RESACA LIFT STATIONUIPGRADE2009 - PROJECT 07447 CERTIFICATE HOLDER CANCELLATION CITYCOR CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES PO BOX 9277 CORPUS CHRISTI, TX 7846919277 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORDED REPRESENTATIVE ACORD 26 (2009109) 0 1988 -2009 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD ` Y� A+C'URD' EVIDENCE OF PROPERTY INSURANCE THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE AFFORDED BY THE POLICIES BELOW. OP ID: J3 DATE IMM/DD/YyyO} 1 111 01201 1 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AGENCY i PHONE L jAf_xNa, Extl:425- 489 -4500 Hub international Northwest P. O. Box 3018 Bothell, WA 98041 -3018 Bill Bates (ax ,425- 489.4501 (NC, No). CODE: OCPS19 AGENCY GRAHA -5 CUSTOMER ID p: INSURED Graham Construction Services, Inc. 2995 Lone Oak Circle Eagan, MN 55121 ` E-MAIL ADDRESS: SUR CODE: COMPANY Travelers Prop Casualty Ins Co 701 5th Ave., Suite 3850 Seattle, WA 98101 -9736 LOAN NUMBER V POLICY NUMBER QT6600680B29811 L11 EFFECTIVE DATE EXPIRATION DATE _ CONTINUED UNTIL 10/31/11 05101/13 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED; PROPERTY INFORMATION LOCATION /DESCRIPTION Resaca Lift Station Upgrade / Corpus ChristiTX #M11061 Resaca Lift Station Upgrade v' 2009 -- Project No. 7447 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION Builder's Risk Coverage Risks of Direct Physcial Loss excluding Earthquake & Flood Offsite Storage Coverage Transit Coverage Soft Costs Coverage Project Term: 01 -03 -12 to 09 -03 -12 COVERAGE/PERILS /FORMS - - AMOUNT OF INSURANCE f DEDUCTIBLE $1,891,000 2,500.00 $500,000 $500,000 $500,000 2,500.00 2,500.001 7 days REMARKS (Including Special Conditions) Additional Named Insureds: The City of Corpus Christi and Subcontractors of All Tiers. The definition of Builder's Risk Coverage includes the construction renovation of a building including the fixtures and machinery; equipment used to service the building and building materials and supplies used for construction. Excludes coverage for the existing building. CANCELLATION V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 -2825 1 MORTGAGEE LOSS PAYEE LOAN* r AUTHORIZED REPRESENTATIVE ADDITIONAL INSURED Xj Certificate Holder ;,,j„twage„... ACORD 27 (2006107) O ACORD CORPORATION 1993 -2006. All rights reserved. The ACORD name and logo are registered marks of ACORD POUCY NUMBER: 71PKG8744607 COMMERCIAL GENERAL LIABILITY CO 201007 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION TOM endorsement modems insurance provided under the falowinf COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nuns Of Addltlon.' Insured Person(s) Or Orl,.snlmtIonhk Lot:Monist Of Cgrend Operations PEI maw acten ICUs w malio 1 mgsiad to =models this Scheduh. *not shown soars, IMO be shown In the Derlsa dom A. Section t — Who is An Insured le mended to include as an addltonal hymned the person(*) or orgwAndon09 shown in the Schedule, Md cati for "mob nlsn+`,'P 17 cc "personal and adsorbing Injury caused, In whole or in pert, by: 1. Your acts or MINIM; or 2. The acts or omissions of those acting on your bast the performance of your ongoing operations for the addl$ana' fneured(s) It the ioeatlan(s) desig- nated above.. This insurance is primary and will not seek contribution from any other insurance available to the additional insured. 8. with respect to the i nsursnoe afforded to thew addleanal Insureds, the Mowing addl oral ewer dons apply; 11* Insurance doss not apply to "bodl y Nur,, or "property damage occurring alien 1. Al work Including materials, perk or equip. mad Mrdehed in oonnedlon with such wok on the project (ober man servios, mad i enenoe or repairs) to be performed by or on behalf of this •additional Insumd(s) st the location of the catered operations ha been conrpieied; air 2. 'That prams of yaw work' out Of width the Injury or damage aims hu bean put to ge 1n. tended use by owl person or daub odor therm another oonbaatcr a en. gaged in as a tart a e� a pro 043 20 10 07 04 0180 Properties. Ina., 200* Page 1 aft a POLICY NUMBER 7IPI08744607 % COMMENDML GENERAL LU6IUTTY CO 20 3T 07 04 THIS ENDORSEMENT CHANGES THE POLfCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS r- COMPLETED OPERATIONS 11* endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Hems Of Additions' (mind Persons) Or Cdonfss: PER SCHEDULED CERTIFICATE Location And Descdotton Of Computed IManmdon mcadned to complete this Schedule, 1 not shown above wNI be shown In the Deciendlons. Section Ii — Who Is An tamed h amended to Include as en addittonel Insured the (s) or orgordcalloniy Mown In the Schedule, but only with rupee to May for NW or dam - s.patbsched- ule d n d and diled of this embalmment performed for tlrot additional bind end Waded the 'products-completed cpwaVons hazard". This insurance is primary mad will not seek contribution from any other insurance available to the additional insured. CO 20 37 OT 04 Co ISO Propsrtioe, Inc., 2004 Pa/s t er' 0 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. $,/ ADDRLONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the foaming. BUSINESS AUTO COVERAGE FORM PM respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unmet modilled by the endo,ssuunL • This anderstment Iseffective on the Inception dace of the poky-unless another date is Minded below. SECTION II — UANLU1Y COVERAGE, 1. MO I8 AN . Is anended to Include is an Inswmd•ihs persons) or orgenitedon(s) naansd In the Schedule below, but any with respect to their Ind for ode or opinions of a psrson for whrom Uabll*yCoveregs is afforded under this policy. You err eulhorked ie sat. for dm additional Insured named In the Schettub ill :I matters pertaining to this insurance. SCHEDULE Nova and Address of Additional meted ANY PERSON OR ORGANIZATION TEAT YOU HIVE AGREED IN A MITTEN CONTRACT, THAT SUCH PERSON OR ORGANIZAT ON IS AN ADDITIONAL INSURE ON THIS POLICY. All other tennis and conditions of this Fancy remain unc enged. • Endorsement Number: v P°11cy Nulnker: 71PKG8744607 Named Insured: GRAHAM GROUP (OS) INC. Endarsmtant Mauve DEW 10/31/111- local Standard This at the Flat Nomad Insured 's eddrsss. W MONO W09CB Fern 1ail THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 0 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER V; . 71PKG8744607 — GL 71PKG8744607 - AUTO fir' POLICY CHANGES EC 10 -31 -11 COMPANY .._ ,• Arch Insurance Company NAMED INSURED GRAHAM GROUP (US) INC. V AUTHORIZED REPRESENTATIVE -. _., T COVERAGE PARTS AFFECTED General Liability Business Auto Coverage CHANGES Number of Days War 60 For any statutorily permitted reason other than non - payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is Increased to the number of days shown above. IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 0 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 71PTG8744607 SAL GENERAL IJABILIFY co 24 040508 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 11 de andomemed manes insurance provided underths MOvArtp: CAL GENERAL LIABILITY COVERAGE PART COMPLETED OPERATIONS LIABILITY COVERAGE PART ScHEOULE erne Of Parson Or Organization: PER SC EDULED CERTIFICATE Inbrrnatlon marked to annotate this merle. if not sawn above, will be sham in the Declarations. The f lad is added b O. Transfer of Rigida N�ery Against To Us of liscdon We wwalve erg right of recovery we may hews asst the person or orgwization shown In he Schedule above because of pigments vie make for injury or wising out of yaw ongoing operations cc your =de' done under a contract with that person or agmhtselon and included in the "produebr orapNled operations hazard'. This waiver apples arty b the person or arganizeSon sham In the Wledie above. CO 24 040108 0 Mamma Services OMtoe, Inc.. 2008 Pogo 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. v WAIVER OF TRANSFER OF RIGHTS FOR RECOVERY AGAINST OTHERS TO US ENDORSEMENT Tlrle endorsunent modifies 'neuronal provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM We woke am right of recovery we may have agabst any parka or organization tolls extent requited of you by a vn*un contract exuded prior to any "sodden!', proliided that Me 'accident' artese cut of operation Cw uv plated by such contact The whir apples only to the person or organization deeigneted In much contract Al other teams and Condttbne clads Policy rsrnatn unchanged. • PCIbyMrtnbef 7111KC8744607 eG Named Mewed: GRAHAM GROUP (US) INC. Endorsement Effective Date: 10 /31/11 00 CA0032 00 10 05 Pape 1 of t WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" is to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on (Date) at 12:01 A.M. standard time, forms a pact of of she Policy No. 71WCI8744507 Issued to GRAHAM GROUP (US) INC . (Named Insured) Insurance Company Authorized Representative For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule below. All the terms and conditions of the Policy which are not inconsistent with this endorsement continue to apply. SCHEDULE Number of Days' Notice: 6 0 00 WCOO4 00 11 03 Page 1 of 1 SRS COIfSENSATION N1D EMPLOYERS UMW INSURANCE POLICY POLICY Ninths : 71WCI8744507 WO 000$13 WAIVER OF OUR RIGHT 70 RECOVER FROM OTHERS ENDORSEMENT alit VI p on a . (The caromed apples policy. s Wntthat y you puane was under a salmon comsat th t mutes you to &Min Itch spresment from us.) 11ds spmeannt shall not operate dimN' or Indirectly to benefit anyone not named in lire Bdndub. SCHEDULE Atilt PINION Olt ORGANIZATION IRS 'AMR Or OUR RXGRT TO MOVER If'! MUIR= HZ NRITTSN mem= NITS RUCS mason OR ORGANISATION. ThS embr Iemerd tamps the policy b wldch It b sn sd sd and .R effective on the dole Issued Willi *then** stated. Oho dNomsfldn Wow % acquired only when this indsrsenSrtt it blued subsegasnt to peep astiolt of the popsy.) Endorsement Blobs 10/31/1k Poltay No. 7IWCI8744507 , Endorsement No. Insured GRAHAM UPAUP (US) INC. Premium $ Il9CL. Insurance Company ARCH INSURANCE CCOf>?ANT Courdersigned ty DATE OF ISSUE: 10/31/11 0 110,1101011 0101101 an des reeeU