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HomeMy WebLinkAboutC2012-046 - 1/24/2012 - ApprovedS P I A L EC S P E C I F O R M S O F C O 2012 -046 M2012 -016 01/24/12 Associated Construction Partners P R O V I S 1 %I Lr F I CATION S A N D N T R A C T S & BONDS F O R GREENWOOD WWTP 2011 IMPROVEMENTS September, 2011 WASTEWATER DEPARTMENT PREPARED FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -1800 Fax: 361/826 -3501 Firm No. 145 2725 Swantner ' CORPUS CHRISTI, TX 78404 -2832 (361) 854 -3101 FAX (361) 854 -6001 U.R.JOB NO. 26175.B0.02 iPROJECT NO: E10203/E10204 DRAWING NO: STL 197 /STL 198 (Revised 7/5/00) GREENWOOD WWTP 2011 IMPROVEMENTS Project No. E10203/E10204 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised August 2008) Worker's Compensation Coverage For Building or Construction Projects For Government Entities SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A-3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) : -- A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16. Disposal /Salvage of Materials A 17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project.Layout and Control A -20 Testing and Certification A -21 Drojcct Signc (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Tnapcction Required (Revived 7/5/00) (NOT USED) A -24 Surety Bonds A 25 Salcc Tax Exemption NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims _ A -28 Considerations for Contract Award and Execution A -29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 ( Revvised 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 B -8 -6: Partial Estimates A 41 Ozone Ad.vi- ory (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) (NOT USED) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Technical Special Provisions A -51 Contaminated Soils A -52 Fences A -53 Protection of Public and Private Property A -54 Security A-55 Access roads A -56 Parking A -57 Amended "Prosecution and Progress" A-58 Noise Control A -59 Dust Control - TECHNICAL SPECIAL PROVISIONS PART B - PART C PART S - 030020 032020 038000 PART T - 2B1 [1] 2B3[1] 2G19[3] 2H16[1] , 2J3[1] 5A1[1] 5E2 [1] 5E3 [1] 5E5[1] 7G3[1] 9K[1] 13C1[1] 13C2 13C3 GENERAL PROVISIONS FEDERAL WAGE RATES AND REQUIREMENTS STANDARD SPECIFICATIONS - Portland Cement Concrete - Reinforcing Steel - Concrete Structures TECHNICAL SPECIFICATIONS - Site Grading - Pipe Trench Excavation and Backfill - Grouting Abandoned Lines - Concrete Sidewalk and Concrete Driveways - Seeding - Structural Steel and Other Metals - Stairs and Walkways - Handrails - Floor Grating Steps (Galvanized Steel) - Gutters and Downspouts - Painting - General Requirements - Aeration Main Re- Routing 15C1[1] - 15C2[1] - 15C13 [1] - 15D12 [3] - Electrical Control Room Flood Protection Improvements Buried Air Piping Ductile Iron Pipe and Fittings Stainless Steel Pipe and Fittings Butterfly Valves (Air Service) LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NUTICS TV J3IUULab Sealed proposals, addressed to the City of Corpus Christi, Texas for: GR ENW9QP WWW WW' 2911 IMPROYEMANT$ ( PRQJECT NQ• E1Q2Q3(E10204 consists of sitework and demolition, drilled concrete piers, steel supports, concrete wall extension, stainless steel air piping, butterfly valve, roofing repair, seeding, small emergency generator, roof downspouts and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 26, 2011 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Thursday, October 13 , 2011 beginning at 2:00 p.m. The pre -bid meeting will convene at Department of Engineering Services, Main Conference Room, 3rd Floor, City Hall, 1201 Leopard St., Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. 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 One Hundred and no /100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00). which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be .done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation, required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial. Form 2. premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7, Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental _ Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED Page 1 0 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. EFor 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 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defmed 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 defmed 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 laterthan seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) 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 begi wing work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5of11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (13) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other. provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are . declared to be severable. (g) This role is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28 S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC-84), showing statutory workers' compensation insurance coverage for the 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 cert f cate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity.: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, 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 notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning 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 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, October 26, 2011. Proposals mailed should be .addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - GREENWOOD WWTP 2011 IMPROVEMENTS PROJECT NO.E10203/E10204 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 nonresyonsive. Late proposals will be returned unopened to the proposer. Theyroposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Thursday, October 13, 2011, beginning at 2:00 pm. The pre -bid meeting will convene at the Department of Engineering Services Main Conference Room, 3b1 Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX., and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. 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 This project consists of sitework and demolition, drilled concrete piers, steel supports, 'concrete wall extension, stainless steel air piping, butterfly valve, roofing repair, seeding, small emergency generator, roof downspouts and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the. City and in the best interest of the public. Section A - S. (Revised 9/18/00) Page 1 of 25 Explanation of Measurement and Payment 1. Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insurance required by the Contract Documents. One hundred percent of this item will be due on the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. 2. Air Transmission Main Re- Routing: This item shall be measured as a Lump Sum. This item shall include all work required to provide the re- routing of the existing buried air transmission main to above ground, such as move -in, move -out, install new air piping and supports, abandon and grout slurry fill existing buried air piping and all work to complete the work that is not measured under another bid item, complete in place, as outlined in the plans and contract documents. 3. Electrical Control Room Flood Protection Improvements: This item shall be measured as a Lump Sum. This item shall include all work required to improve the flood protection in and around the existing control room, such as move -in, move -out, raise the exiting concrete wall height, relocate /modify existing stairs, add gutters and downspouts, seal the existing concrete joints and electrical conduits, install new emergency generator and platform and all work to complete the work that is not measured under another bid item, complete in place, as outlined in the plans and contract documents. 4. Joint Seal Replacement at Electrical Control Room This item is measured by the liner foot of joint sealant installed, including all materials and labor. 5. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 6. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment.. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. 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 Greenwood WWTP 2011 Improvements, Proiect No. E10203/E10204 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 150 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain Section A - SP (Revised 9/18/00) Page 2 of 25 in determining the contract schedule and for each phase 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 Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 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 This project is essentially a construction contract for a period of 150 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted .shall be independent of damages assessed for each item, as described above. After Contract Award and pre- construction meeting is held, 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, $300 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 from the monthly pay estimate. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective. date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor. at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section S -2 of the General Provisions. Section A - SP (Revised 9/18/90) Page 3 of 25 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 -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction shall apply. When conflict 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 (12) 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 System at 1- 800 - 344 - -8377, the Lone Star Notification Company at 1- 800 -- 669 -8344, and the Verizon Dig Alert at 1- 800- 483 - 6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Engineer 826 -3500 Consultant - Urban Engineering Mark Maroney, P.E. 854-3101 Traffic Engineer 826 -3540 Police Department 886 -2600 Water Department 826 -1881 (826 -1888 after hours) Wastewater Department 826 -1800 (826 -1888 after hours) Gas Department 885 -6900 (885 -6913 after hours) Storm Water Department 826 -1875 (826 -1888 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 AEP 1- 877/373 -4858 - SBC / A T & T 881 -2511 (1-800-824-4424, after hours) Signal /Fiber Optic Locate 826 -1946 826 -1960 Cablevision 857 -5000 (857 -5060 after hours) Section A - SP (Revised 9/18/00) Page 4 of 25 ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 887 -9200 225/214 -1169 881 -5767 512/935 -0958 972/753-4355 (Pager 800 - 724 -3624 (225/229 -3202 (M) (Pager 850 - -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is.his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor, either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Contro3. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the Standards and Practices as adopted available through the City's Traffic secure the necessary permit from the All costs for traffic control are payment will be made to Contractor. City of Corpus Christi's Uniform Barricading by the City. Copies of this document are Engineering Department. The Contractor shall City's Traffic Engineering Department. considered subsidiary; therefore, no direct Section A -- SP (Revised 9/18/00) Page 5 of 25 A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to. Contractor. A -17 Field Office (NOT USED) Thc Contractor must furnish thc City Eng eer or his representative with a field office at thc construction site. Thc field office must courtala at least 120 square fcct of ua able space. The field office must bc air conditioned and heated and mu..t 11 City Engineer or his rcprcocntativc. The field office must bc furnished with a telephone (with 22 -hour per day aneweri rg service) and FAX machine paid for hy tho Contractor. There is no separate pay item for thc field office-. A--18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working 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. A proposed sequence to maintain the operation of the plant is provided in Spec. 13C. The plan must also indicate the schedule of the following work items:. 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. Section A - SP (Revised 9/18/00) Page 6 of 25 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion" and as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. A--19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. by thc City or Consultant Projcct Engineer. The Contractor will furnish all lines, slopes and measurements for control of the work. If, during construction, it is nccc- . -sa.ry to disturb or destroy a control point or bcnch marls, the Contractor shall provide thc City er Consultant Project Eng ee —4-° hours notice so that alternate control points can bc established by thc City or points or bench marks damaged as a result of thc Contractor's negligence will bc Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. Thc Contractor shall tic in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at thc completion of tho m ,curing of thc completed work. Thc Contractor .hall p ovidc thc following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall bc provided and prepared by a third party independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the Ctato of Texas retained and paid by thc Contractor. Thc third party R.P.L.S. shall be approved by thc City prior to any work. Any discrepancies shall be noted by thc Streets: - Curb and gutter flow line both sides of street on a 200' interval Section A - SP (Revised 9/18/00} Page 7 of 25 Street crowns on a 200' interval and at all intersections. Wastewater: All intersecting lints in manholes • All top of valve boxes - valve vaults rim Water: M. Storm Water: - All rim /invert elevations at manhole; - All intersecting lines in .manhole -s ecrz A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. 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. SCHEDULE OF TESTING BY THE CITY: 1. Concrete Laboratory Testing: (1) Mix Design: One for each class of concrete. (2) Concrete Cylinders: (1 set is 3 cylinders) a) Flood Protection Wall 2 Sets b) Pipe Support Drilled Pier 1 Set SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper Section A - SP (Revised 9/18/00) Page 8 of 25 facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to. Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action. Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: association, or labor, services, foregoing under • Any named person, firm, partnership, corporation, joint venture as herein identified as providing work, supplies, equipment, materials or any combination of the contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Section A - SP (Revised 9/18/00) Page 9 of 25 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the ContractorTs aggregate work force on all construction work for the Contract award are as fO11ows: 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 ContractorTs percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. Section A M SP (Revised 9/18/00) Page 10 of 25 A -23 Inspection Required (Revised 7/5/00). (NOT USED) The Contractor shall ass -urc the appropriate building inspections by thc Building required by City. A -24 Surety Bonds Paragraph two (2). of Section B -3 -4 of the General Provisions is changed to read as follows: No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $10.0,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) following 3ubotitutcd in lieu thereof. not qualify for exemption:: of Sales, Excinc, and Uoc Taxer,' unless thc Contractor or ouch other rulco or regulation's ao may be promulgated by thc Comptroller of Public Aents of Texas. If thc Contractor elects to operate under a .;cparatcd contract, he shall: 1. Obta e thc necessary &alcs tax permi -ts frem the State Comptroller. 2. Identify in thc appropriate space on the "Statement of Materials and Other Charges" in thc proposal form thc coot of materials physically incorporated into thc Project. Section A - SP (Revised 9/18/00) Page 11 of 25 3. Provide rc; alc ccrtifi too to oupplicr. . value of matcriala. ee, certificate to hio eupplicr. A -26 Supplemental insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior . written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, 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. Section A - SP (Revised 9 /18/00) Page 12 of 25 A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractor must pay all costs necessary to procure such insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for — services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff,, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman 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 Section A - SP (Revised 9/18/00) Page 13 of 25 replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -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 9/18/00} Page 14 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. Documentation as required by Special Provision A -35 -K, if applicable. 1.0. 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, Speciai Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. Section A - SP (Revised 9/18/00) Page 15 of 25 A -35 City Water Facilities: Special Requirements (NOT USED) subcontractors, and ach of their employees must have on their person a Personnel. A Visitor /Contractor Safety Orientation Program will be Attachment 1. operator or other authorised maintenance employee of the City Water Department. C. Protection of Water Quality protect thc quality of thc water. D. Conformity with ANSI /NSF Standard 61 contact with-potable water. E. Handling and Di:,poca1 of Trash F. Contractor's personnel must w ar colored uniferm overalls other than and indiv4, ual employee identification. Section A - SP (Revised 9/18/00) Page 16 of 25 H. Wonting hours will bc 7400 n...i�. to 5:00 p.m., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must- by City Watcr Dcpartmcnt staff. All Contractor vchicics must bc cicarly labeled with company namc. No private employee vchicics arc allowcd at 0. K. Contractor Qualifications SCADl' •(SUPERVISORY CONTROL AND DATA ACQUISITION) determined b mccting .thc qualifications 1 thru 9 below. This work dcbugging, calibrating, or placing in operation all hardware and /or mtat bc able to dcmonstratc thc following: .., 1. He is regularly engaged in the computer based monitoring and 3. water and wactcwatcr industry; complexity as rcquircd in this Contract on at least three prior projects. for at.lcast 5 years. Enginccr, or an Electrical Enginccr to supervise or perform thc work rcquircd by this spccificationo . completed a manufacturer's training coursc in configuring and for thc Contract. 7. $. ZZZ facility within 400 milts of thc Projcct site to maintain, repair, calibrate, and program thc systems spccificd hcrcin. He shall furnis -h equipment which is thc product of onc manufacturcr to thc maximum practical extent. Whcrc thi;- is not practical, all cquiprxcnt of a givcn type will bc thc product of onc manufacturcr. Prior performanca at thc 0. N. Stevens Watcr Treatment Plant will thc new work for this Projcct. an cxamplc of thc required programming blocks which thc City requires to bc filled in and givcn to thc City Enginccr with all changcs madc during thc programming phase. The attached sheet is The Contractor wil Section A - SP (Revised 9/18/00) Page 17 of 25 L. Trenching Rcquircracntc on the 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. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. 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. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. g. 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. Section A - SP {Revised 9/18/00) Page 18 of 25 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended '}Arrangement and Charge for Water Furnished by the City" 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 Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (Not Used) A -40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 8- 8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) ezonc advisory has bccn issued, except for repairs. The City Engineer will netify price indicwtcd in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- -- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, •employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, 7 Section A - SP (Revised 9/18/00) Page 19 of 25 materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 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) tipon 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) (2) (3) (4) (5) (6) Horizontal and vertical dimensions due to substitutions /field changes. Changes in equipment and dimens±e c duc to substitution,,. Deletions, additions, and changes to scope of work. Any other changes made. Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A-46 Disposal. of Highly Chlorinated water (7/5/00) (NOT USED) A -47 Pre - Construction Exploratory Excavations (7/5/00) (NOT USED) pipelines at a maximum of 3-00 -acct O.C. and Centraeter ';shall survey the accurate Section A - SP (Revised 9 /18/00) Page 20 of 25 8.C. station thcrcef, distaiacc to the p cment centerline and cica-tion3 of the top of existing utilities. Contractor shall perform no construction work until all exploratory cxciavationa have the,--EngIncer and until Contractor receives Engineer's approval of report. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP /CP &L and inform AEP /CP &L of his construction schedule with regard to said overhead lines.. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 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 Technical Special Provisions The requirements of "Technical Special _Provisions" are incorporated by reference in these Special Provisions. A -51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the .Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. Section A - SP (Revised 9/18/00) Page 21 of 25 2. On -Site Stockpiles: Excess material from excavation, whether non - contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff., and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non- Contaminated Soil: The balance of any non - contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A-52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. Section A - SP (Revised 9/18/00) Page 22 of 25 All fire hydrants and water control valves shall be kept free from obstruction and. available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall, also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A -56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or .construction activities. A -57 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 -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound- muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Section A - SP (Revised 9/18/00) Page 23 of 25 Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. Section A - SP (Revised 9/18/00) Page 24 of 25. SUBMITTAL TRANSMITTAL FORM PROJECT: GREENWOOD WWTP 2011 IMPROVEMENTS, PROJECT NO. E10203/E10204 OWNER: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/00) Page 25 of 25 TECHNICAL SPECIAL PROVISIONS TECHNICAL SPECIAL PROVISIONS These Technical Special Provisions amend or supplement the Technical Specifications and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE TS -1 DEFINITIONS ENGINEER - Whenever the word "ENGINEER" is used in this Contract, it shall be understood as referring to Urban Engineering Consulting Engineers, 2725 Swantner, Corpus Christi, Texas 78404 -2832, (361) 854 -3101, or their authorized representative. Design Specification - Whenever the term "Design Specification" is used, it shall be understood that the performance of the completed work is as designed by the ENGINEER, and the CONTRACTOR must follow the requirements of the drawings and specifications; followed the manufacturer's recommendations (material and equipment); followed industry standard procedures and provided top quality workmanship. Performance Specification - Whenever the term "Performance Specification" is used, it shall be understood that the performance of the completed work is the responsibility of the CONTRACTOR, provided the OWNER has faithfully followed all written operational and maintenance instructions supplied by the CONTRACTOR. (The CONTRACTOR is not relieved of the responsibility for improper performance of the completed work even if there was improper operation and /or maintenance by the OWNER but it obviously was not the cause of improper performance.) In a performance specification, the CONTRACTOR is responsible for the design of the item furnished and installed by him. It is intended that the item function properly without excessive operation and maintenance being required by the OWNER. The item furnished must incorporate the features specified but still perform as intended. The materials specified are to set a minimum standard but shall not be considered a design. If the design furnished by the CONTRACTOR requires higher quality material in order to perform as intended, it shall be furnished at no increase in cost to the Contract amount. When minimum dimensions are specified, they shall not be considered a design. If the design furnished by. the CONTRACTOR requires larger dimensions in order to perform as intended, it shall be furnished at no increase in cost to the Contract amount. Work -- Whenever the word "Work" is used it shall be understood as referring to all materials, supplies, machinery, equipment, plant, tools, superintendence, labor, bonds, insurance, water, light, power, fuel, transportation, royalty fees and any other facilities necessary to the proper execution and completion of the project. The Contractor shall provide and pay for all the aforementioned items. ARTICLE TS -2 ERRORS AND OMISSIONS The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions Tech. Spec. Prov. Page 1 of 3 causes an increase in Contractor's cost, Contractor shall be compensated for such increase in cost as provided elsewhere. Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. ARTICLE TS -3 LACK OF INFORMATION If the Contractor feels that there is insufficient information in order for him to prepare his bid and /or construct the work, he is required to make a written request for additional information. The Contractor shall not use the lack of information as a basis for requesting extra compensation. ARTICLE TS -4 LAYOUT OF THE WORK The Contractor shall layout the work from the existing facilities. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the Engineer prior to deviation. If, in the opinion of the Engineer, the required deviation would necessitate a revision to the Drawings, the Contractor shall provide supporting measurements as required by the Engineer. ARTICLE TS -5 QUALIFICATIONS OF MANUFACTURER'S FIELD SERVICE REPRESENTATIVES 1. General: The technical specifications require that for certain equipment and other items, the manufacturer shall include in his cost to the Contractor specified periods of on -site time of a qualified factory field service engineer to provide certain services. Providing these services is an extremely important part of seeing that the item is installed, adjusted and serviced properly. This, in turn, will help insure that the item furnished will function as intended and have a useful, trouble -free service life. 2. Prior Approval: As part of the submittal data required, the name and complete qualifications of the person the manufacturer proposes to send as his representative must be included. The Engineer will have the right to reject any person who, in the Engineer's opinion, is not qualified to perform the required services based on the information furnished. 3. On -The -Site Rejection: In the event a manufacturer's representative, while on the job site, demonstrates (in the opinion of the Engineer) that he /she is not thoroughly qualified to perform the required services, the Engineer shall have the right to immediately stop these services. The Contractor is obligated to replace the manufacturer's representative with a person who is qualified to redo as much of the completed service designated by the Engineer and complete the Tech. Spec. Prov. Page 2 of 3 remaining services. This shall be done at no increase in the Contract amount (no cost to the City). 4. Video Tapes: The City reserves the right to video tape any and all services performed by manufacturer's field service representative(s). The Contractor shall give the. Engineer seven days advance notice of when services will be performed by the manufacturer's representative. Should the Contractor fail to provide the required advance notice, the Engineer shall have the right to reschedule services to accommodate the City. ARTICLE TS -6 TENTATIVE APPROVAL AND ALTERNATE DESIGNS 1. Alternate Design Concept: a General: If a Contractor desires to base his bid on a concept different from that shown in the Contract Documents, it shall be said Contractor's responsibility to submit to the Engineer, 14 days prior to the date of bid opening, complete details of said concept including required modifications, if any, to existing or proposed structures. The final decision to accept or reject the alternate design concept shall rest solely with the Engineer acting on behalf of the City, with said acceptance or rejection being in writing from the Engineer to the prospective bidder no later than 48 hours before bid opening time. Time is of the essence, and failure of the bidder using a different design concept, from that shown on the drawings or described in these specifications, to submit to the Engineer complete details 14 days prior to bid opening will cause said concept to be excluded from consideration. Alternate Designs not obtaining approval prior to bidding shall not be used in the construction of this project. b. Equipment: If the approved alternate design involves equipment, the Contractor is not relieved of any responsibility regarding performance of the equipment after installation. Likewise, no extras will be paid the Contractor for any changes found necessary to adapt the alternate equipment, such as modifications to the drawings, structural or foundation changes, additional piping and valves, changes in pipe sizes, electrical alterations, or any other modifications. Tech. Spec. Prov. Page 3 of 3 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 24th day of January, 2012, 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 Associated Construction Partners, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $452,900.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: GREENWOOD WWTP 2011 IMPROVEMENTS PROJECT NO. E10203/ E10204 (TOTAL BASE BID: $452,900) 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 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED AS TO LEGAL FORM: By: V� Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) r^ CITY OF CARPUS CHRISTI By: Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation ff By: Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR Associated Construction Partners, Ltd. By: Title: toittO 215 W. Bandera Rd., Ste.114 -461 (Address) Boerne, TX 78006 (City) (State)(ZIP) 210/698-8714 * 210/698 -8712 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 1112--9.17:,.°1119, AU1HUttssue: I T COUNCIL ..!1 11`2- P R O P O S A L F O R M F O R GREENWOOD WWTP 2011 IMPROVEMENTS Project No. E10203/E10204 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 6 Proposal o OR P R O P O S A L Place :O A 10 °O 7 r Date: 1U Uhl a Corporation organized and existing under the laws of the State of r. a Partnership or Individual doing business as Acsuit-40 l,UVi ktnioUvn, vY►um 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: GREENWOOD WWTP 2011 IMPROVEMENTS Project No. E10203/E10204 at the locations--set. out by the plans - -and- specifications- and -in strict accordance. with the .contract documents for the. following prices, to -wit: PROPOSAL FORM PAGE 2 OF 6 GREENWOOD WWTP 20].1 IMPROVEMENTS CITY PROJECT NO. E10203/E10204 RASE BID NOTE: The above unit prices must.include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The. above quantities are approximate, include an additional 5% in some. cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM PAGE 3 of E II III TV V BID QTY & DESCRIPTION . UNIT PRICE BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES) ITEM UNIT 1 1 LS Bonds /Insurance, complete in place per LS 04000 $ bop 2 1 LS Air Transmission Main Re- Routing, complete in place per 3. # 000 $ 41 000 3 1 IS Electrical Control Room Flood Protection Improvements, complete in place per LS b 1 000 $ D (� v 9 130 LF Joint Seal Replacement at Electrical Control Room, Complete 'in Place per LF 50400 $ Q 2 pot oO J TI V 5 1 LS Utility Allowance (Mandatory Allowance), complete in place. $20,000.00 per LS $20,000.00 TOTAL BASE BID (Items 1 -4) $ 45.2-1 010 0+ 06 NOTE: The above unit prices must.include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The. above quantities are approximate, include an additional 5% in some. cases, and may vary from the final quantities. Do not order material based on these approximate quantities. PROPOSAL FORM PAGE 3 of E The undersigned hereby declares that he has visited the site arid 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. (Ipon notification of award of contract, we will within ten (10) calendar days - execute the.-formal conLrdcL 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 Iota bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of .Documents,: The contract and all. bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion :'The undersigned agrees to complete the work within 150 Calendar Days (including any of the additive alternates, if awarded)from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools. and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto,. for • the sum or sums above set forth. • Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: By: Address: hm 441Adui WintartAi 0A441(a4 1)ro iltp4v1 - .O. Box) (Stree Telephone :. NOTE:. Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. .(Revised August 2000) PROPOSAL FORM PAGE 4 OF 6 rgri PAYMENT BOND STATE OF TEXAS COUNTY OF NIECES KNOW ALL BY THESE PRESENTS: BOND No. 1006808 That Associated Construction Partners, Ltd. of the City of Boerne ,, County of Kendall , and State of Texas , as principal ( "Principal "), and MI - CONTINENT CASUALTY 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 Home 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 whom shall have a right to sue upon this bond in the penal sum of FOUR HUNDRED FIFTY -TWO THOUSAND, NINE HUNDRED AND NO /100 U.S. Dollars ($ 452,900.00 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 24 TH day of JANUARY, 2012 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: GREENWOOD WWTP 2011 IMPROVEMENTS PROJECT NO. E10203! E10204 (TOTAL BASE BID: $452,900) 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 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 the reunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 rPt Pwr ■vq PPR rre 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 Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices maybe 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 2ND day of FEBRUARY , 2012. PRINCIPAL ASSOCIATED CONSTRUCTION PARTNERS, LTD. By: Title: ATTEST: Address: 215 W. BANDERA RD STF 114 -461 BOERNE, TX 78006 Rev. Date May 2011 SURETY MID - CONTINENT CASUALTY COMPANY By: in- fact` GARY Address: P.Q. BOX 1 409 1 ULSA, OK /4101 Telephone: (972) 671 -1070 Fax: (9181588 -1296 E- Mail:. JBRANCH @MCG- INS.COM Payment Bond Page 2 -cif 3 Name arid address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: TOM CARLISLE Agency: CARLISLE INSURANCE AGENCY, INC. Address: 500 NORTH WATER ST., STE. 900 (Physical Street Address) CORPUS CHRISTI, TX 78401 (City) (State) (Zip) Telephone: 361 -884 -2775 E -Mail: tomc @carlisleins.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 Original. 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 P E R F O R I V I A N C E BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL. BY THESE PRESENTS: BOND No. 1oo6$o23 That Associated Construction Partners, Ltd. of the City of. Boerne , County of Kendall , and State of Texas , as principal ( "Principal "), and MJrLmNTUJJRMIT rA IA TY nl R0KIv 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 Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of FOUR HUNDRED FIFTY- TWO THOUSAND, NINE HUNDRED AND NO /100 U.S. Dollars ($ 452,900.00 ) 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 24TH of JANUARY, 2012, 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: GREENWOOD WWTP 2011 IMPROVEMENTS PROJECT NO. E10203/ E10204 (TOTAL BASE BID: $452,900) 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 any 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 vold; 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. Date May 2011) . Performance Bond Page 1 of 3 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. Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the. Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by 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 2ND day of FEBRUARY , 2012. PRINCIPAL SURETY UCTION PARTNERS LTD. MID- CC)NTINFNT:.CASIJ AI 1Y COMPANY ATTEST: Address: 215 W. BANDERA RD. 114-4R1 BPERME. TX 78006 (Rev. Date May 2011) Address: P.O. BOX 1409 TULSA, OK 74101 Telephone: (972) 671 -1070 Fax: (918) 588 -1296 E- Mali: JBR CHC MQG -INS COM Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: TOM CARLISLE Agency: CARLISLE INSURANCE AGENCY, INC. Address: 500 NORTH WATER ST., sTE. 900 (Physical Street Address) CORPUS CHRISTI, TX 78401 (City) (State) (Zip) Telephone: 361 -884 -2775 E -Mall: tomccarlisleins.com Note: Bond shalt 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 Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 1 9180bi QK4y ] 91MN:lb 045` MIU CON! MEN! CiRUul' CITY OF CORPUS; CHRISTI DEPARTMENTOF ENGINEERING SERVICES P.O. BOX f277 CORPUS CHRISTI, TEXAS 78469 -9277 Ell:21:12 p.m_ 02-08-2012 l 43 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No Greenwood WWTP Improvement Project #E10231E10204_, Surety Company: Aid- Continent Casualty Company Ladies/Gentlemen: I, Jack W. Branch, Assistant Vice-President (nsetName of Officer os ,at/and rye), hereby certify that the facsimile power of attorney submitted by _Gary W. Wheatley (loser! !Varna ofAttorney-In-Fact) for Associated Construction Partners, LTD. mow Commenv Name of Contract:4, a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O Box 9277 Corpus Christi, TX 7846.9 -9277 Signed this 6 day of February, 2012. Title: Assistant Vice- President Sworn and subscribed to before me o .......... ..... Notary Publi State of My Commission Expires: {0 0 1437 SOUTH BOULDER, SUITE 206 •TULSA, OKLAHOMA 74119 918-587-7221 FAX 918-588-1253 111R; ARP 44R-4, i21:, "11:. 45' R OF ATTORNEY 'Zgr KNOW AV- E PRESFNet at tfie ct.c ONTINPlit CASVAL ..00.1VIPANYia #ppAprili-4efi14ed and fAistiiiglitier 4iivrtue oflhe IvotLhe .10:1*,:a Ohio 40'hir!ept .rnitOilteit onstitiiteific*Okii:tht perSon or pit0h0a60c0010:KOach rnddua JrAdielfian one isliarnedWirdeetidgewful attikhey-KUPt, f Carid in its n446, plaPe4nditeeiffo executebh belfilretriee-erd Compa*as gath any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Monica Campos, Clark Fresher, ONIO, pwah K. Mcpr,..i P44, clan Ga,..y W. )1,MtIpalLeyAndividuOjyiof ,OA o IN mii'rvps::,..:, 1 ,-4..., 4-- . E i --,-.. ---- -,-;-„ .=-.1.•i'. ,illkijA,` ' day of -.14.401-R-vieL . li, min do, NtiNtam.qAp .k..„,.......,,, — `..-- — ' . :giiie.,Tv coi4r!o'srtb e these preht4itolii ii 011 n °H4.0ttestedliy1 ms:..,..t., reptiete offiders.:lentil,AssOrp9 ,vo ,.., r..5.i,p,eal herea,g, allzheerw.:715:,,, .,, . vg, ...,e..., 1, r60A0....,44. , .1:40.-` ..--......a -r,.:....- 0 se„N\ :' • ''' ...:f4;1' `4` .• (0; "4 * j"-- '..-• 0 -, .--0..• .", ..0.tti0041 ATTEST: SARA AND On thle. .P1.404 Vi 9:11), je ie pers�n ar VzifF DD me kri:P.,,"WebeigE,tt.. segiow resideg:lirkukab)(10Oe0hat s/hellSWV(0 P-teSiderit 491,11id-CoitfrieritiPeejialt*IpOipany, :dedarted in andlitich'ekialtetitHeibove nsfreiftht elfiek:ribws the seaof theeaidZoMpany; that tries- ear6fAkedttatie'said instruMent Tbh such corporate seal; that it was so affixed by authority of her/his office under the By-Laws of said Company, and that s/he signed his name thereto by like authority. ILO° OKLAWOM COUNTY OF TULSA m Mon _ 0009$0t P° My Commission Exp'res: 01-26-13 This Poway of Attomey1repted by4upor 0011t1 g Joq rpgariy by uriiiiiinoavatenICtipeeht dated3epteMb -20.000. 5:qw, .?; Board o ctnfs .° 401,9nent Qasual RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them, be and • is,plitkoriKed iron-Oil:pa to time,,to 9:polgtpneorp-kore Attorreys4n-FgoV9 expokite, on behalf, ofspeporripariyras surety, any #ride11„. S,1::•.iiindertaklig00#86fitriaga4retyshig Pp otfief*ritfer400ations foLto*ro44741-406f:4.prescrik*itiqe64404tts and ifib)f#4ieiilie ;1314heir autN5rifyAbdtg tOPIkiirly such'OPokitibeni 014paclifile. RESOLVED F0RTFitk: 'That the Coany Seal end tfie signature drany &The afOreiald officers and anY'Secretarifor Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of sureVeriip, or other3writteillopligetion,in the naturetharepLeuchsigrAature and.sepei yy KI.,sq4.1 i;leeing hembwedopted by4imCompanyK,es tie rlginel: ion, of suOVofitoatiarc wtir ltiii seal althi' 0 0]:166.01id an&bitictri -- In the .'(*pany IniOttfib ,i4i(olai6eiiii!,tffect af.tliPug NF3,3 .„. Oitially affixed4u- CERTIFICATION Mid-444(64.s":'4 9114741mpanytilObeNbiAe forelig6 Power by and tfOReddiuffinWttetoard oflOrectWOr $A1AliffSer 25, 2dGartia"VglOr bOrfAtflibked and .are nbitOrifultf6Merend effectge 3%4r Signed and sealed thi day of SARA AN DE SON OBN. Assistant Secrete MD- CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY STATE OF TEXAS CLAIM NOTICE ENDORSEMENT In accordance with Section 2253.021 (1) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: Mailing: Physical: MD- CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 918-587-7221 1437 S. BOULDER SUITE 200 TULSA, OKLAHOMA 74119 ATTACH THIS NOTICE TO YOUR BOND w04.0. City of Ccxpus Chn §ti SUPPLIER NUMBER • TO BE ASSIGNED BY CI r PURCHASING DIVISION CITY OF CORPUS CHRISTI - DISCLOSURE -OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do 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: U a fl J i f V ES flkthfl4 A- !. UMP. O. BOX: � � Li 0, STREET ADDRESSO ? 01,11A fit tfAMAtkViA,Of CITY: FIRM IS: L Corporation 2_ Partnership e 4. Association 5. Other 0i01)70_1 ZIP 3. Sole Owner LI 7j.5- DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Commiftee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related -to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant PROPOSAL FORM Page 5 of 6 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 tc- the- Eity- ofieial,- employee -or- body - that -has -been uested- te-aet- in- theina* ter, 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 I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Co s Christi, Texas as changes occur. Certifying Person: Y / (� V L Title: r (type or PVVVVru,t) Signature of Certifying Person: YYtfl5L Date: 1 DEFINITIONS 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. "Firm." 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. g• "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the. City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE6of6