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C2012-117 - 3/20/2012 - Approved
2012-11 3/20/1 S P E C IA L' P R 0 V I S I 0 M2012 Associated Construction Partners S P E C I F I C A T 1 0 N S A N D F 0 R M S 0 F C 0 N T R A C T S & B 0 N D S F 0 R GREENWOOD WWTP . LIFT STATION FORCE MAIN IMPROVEMENTS December, 20 PREPARED FOR: Wastewater Department City of Cozpus Christi P. O. Box 9277 Corpus Christi, IX 78469-9277 r C�4 ..... . .................. ��RK A. uRS AIL ENGINEERING FIRM NO. 145 2725 Swantner St. CORPUS CHRISTI, TX 78404-2832 (361) 854-3101 FAX (361) 854-6001 U.E.JOB NO. 26175.B1.00 PROJECT NO.:. B09005 DRAWING NO.: STL-200 (Revised 7/5/00) Greenwood WWTP Lift Station Force Main Improvements Project No. E09005 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March, 2009) Insurance Requirements _ NOTICE TO CONTRACTORS - S (Revised 7/5/00) 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 - 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 47 - P -leld- 9�- iee• (NOT USED) -- A -18 Schedule and Sequence of Construction A 19 GenstEuetlen Pre eet Layeut and Gant (NOT USED) A -20 Testing and Certification A-21 Pre eet -Sins (NOT USED) A, -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 23 -.., inspeetien Repaired- ( Rev4sed ? 5/00) -- -_(NOT USED) A -24 Surety Bonds A -215 . Sal es mat_ E_ »....._.t: e 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 __ _- = -- Wa - - -_--__ r ..,.. te-..l ..:`.. -- (NOT USED) A -36 Other Submittals (Revised 9/18/00) A--37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building. or Construction Projects for Government Entities A (NOT USED) A -40 Amendment to Section B -8--6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A - 44 Change Orders (4/26/99) A - 45 As -Built Dimensions and Drawings (7/5/00) A..46 .._..915pesei of Highly Ghier}natedWater ( 7� 5 �00) (NOT USED) A r Pre GeRstruetien - E -ateEy Em v atie 3.9 (-q' 6 A -48 overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A. -50 Tech- ical 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 - GENERAL PROVISIONS PART C PART S 022020 022022 022100 025205 025220 025610 026210 030020 032020 038000 PART T - 2B1 [1] 2G19[31 2J3 [1] 5A1 [ 1 5E9 [3] 9K1[11 . 1301 [1� 13C2 15C2 [1] 15D3 FEDERAL MW-0, RATES AND REQU NT S (NOT USED) STANDARD.SPECIFICATIONS - Excavation and Backfill for Utilities and Sewers - Trench Safety for Excavations - Select Material - Pavement Repair, Curb, Gutter, Sidewalk and .Replacement - Flexible Base - Chemically Stabilized. - Concrete Curb & Gutter - Polyvinyl Chloride Pipe Portland Cement Concrete - Reinforcing Steel - Concrete Structures Driveway TECHNICAL SPECIFICATIONS Site Grading Grouting Abandoned-Lines - Seeding - Structural Steel and Other Metals - Safety Grate for Aluminum. Access Cover Painting Yard Piping General Requirements - Lift.Station. Header Pipe and Force Main Replacement - Ductile Iron Pipe and Fittings Plug .Valves LIST OF DRANINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STA TEMENT PERFORMANCE BOND PAYMENT BOND ,...NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Greenwood WWTP Lift Station Force Main I rovements / PROJECT NO. B09005 consists of removal of above and below ground piping, installation of new pipe, valves and fittings, asphalt pavement and concrete curb repair, seeding 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, Feb 1, 2012 , and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre --bid meeting is scheduled for Tuesday, January 24, 2012 beginning at . x.:00 p .m_ The pre -bid meeting will convene at De ent of %ne -_E Services Main Conference Room, 3 rd Floor city Hall, 1201 .Leo rd 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 54 of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /106 Dollars ( $50.00 ) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ( $10.00 ) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI; TEXAS /s/ Pete An.a:ya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/00 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 MI NIMUM INSURANCE COVERAGE 30 --Day Notice of Cancellation re on Bodily Injury and Property Damage all certificates PER OCCURRENCE../ AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 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 AUTOMOBILE LIABILITY- -OWNED NON - OWNED $1,000,000 COMBINED SINGLE,LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long -term M environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B -6-11 and Supplemental Insurance Requirements ❑ REQUIRED D NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements D REQUIRED ❑ NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ©The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (ail) 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 gLva stlons regarding insurance r please contact the Contract Administrator at 880 -3500_ Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Texas Administrative Code T.[TLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Const metion Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings; unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of - authority to self insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC-83, or TWCC -84), showing .statutory workers' compensation insurance coverage for the person`s or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (S) 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 Iaer than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; - (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work. on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and - - (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to. the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or-changes- Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based -on proper reporting of classification codes and payroll amounts and filing of any coverage.agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage•to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of I l (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 certif 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; (1?) 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) -(l) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services: (e) A person providing services on a project, other than a contractor, shall:. (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work-on the project; (3) have the f6llowing 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 d - 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 contractto it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees - providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage per 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 rule is applicable for building or construction contracts advertised for bid by a' governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 1 I (h) The coverage requirement in this rule does riot 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, §40). (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 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 i i o- 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 T28S110.1 in(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 W 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 included activities unrelated to the project, such as food/beverage vendors, o f flee supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage. ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that cover_ age 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. .I. The contractor shall contractually require each person with whore 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 401.0.11(44) for all of its employees providing services on the project, for the. duration of the project; (l) 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; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (d) 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 by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whore 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 fled with the appropriate insurance carrier or, in the case ofa self - insured, with the commission's Division ofSelf- Page 10 of 11 n 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 o €11 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of'Receiving Proposals /Pre -Bid Meetin 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 .m., Wednesday, February 1, 2012.. 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 LIFT STATION FORCE MAIN IMPROVEMENTS -. PROaRCT NO. E09605 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The pr2Roser is solely responsible for delivery to the City Secretary's Office. Delivery of aa3ropasal by the proposer, their agent/ re resentative, U.S. bail, or other delivery service, to Cit 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 Tuesday, January 24, 2012, beginning at 1:40 p.m. The pre --bid meeting will convene at the Department of Engineering Services Maim Conference Room, Third Floor, City Sall, 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 Descri2tion of Project This project consists of removal of above and below ground piping, installation of new pipe, valves and fittings, asphalt pavement and concrete curb repair, seeding 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 OR 2. Total Base Bid plus Additive Alternative #1. 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 - SP (Revised 9/18/00) Page.1 of 25. Explanation of Measurement and Pa ent 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. Move In And Move Out This item will be measured as a lump sum. Fifty percent of this item may be requested on the first approved monthly pay estimate and the remainder will be due on the final estimate when all work has been completed. 3, header and Force Main Rebl acement : This item shall be measured as a Lump Sum. This item shall include all work required to construct the improvements to the Greenwood WWTP Lift Station Force Main, such as demolition, pipe, fittings, valves, reseeding, 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. Concrete Pavement Repair: This item shall be measured by the square yard of new concrete pavement installed. This item includes but is not limited to the following.work: a. Furnishing and installing all dowels, reinforcing steel, forms and other materials required. b. Furnishing, placing, consolidating and finishing concrete. c. Furnishing and placing curing compound as directed. 5. Asphalt Pavement Repair: This item shall be measured by the square yard of new asphalt pavement installed. This item includes but is not limited to the following work: a. Furnishing and installing all materials required. b. Furnishing, placing, and finishing the asphalt pavement. 6. Curb Repair This item shall be measured by the linear foot and shall include all labor, materials, and equipment required to complete this part of the project. 7. 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. 8. Additive Alternate No: 1 - Install Access Hatch Sa fety Grates: This item shall be measured by the Lump Sum and shall include all labor, materials, and equipment required to complete this part of the project. 9. 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 9 6 Sid Bond (Must reference Greenwood WWTP Lift Station Force Main Im rovements Project No. E09005 as identified i.n the Proposal) (A Cashiers Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) Section A - SP (Revised'9 /18/60) Page 2 of 25 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The project has been divided into phases. The contractor will be required to follow tight scheduling for construction and will be .required to meet deadlines for _ completion of each item shown below so that one header and force main is completed and in service prior to the start of Hurricane Season. One header shall remain in ser3.ce at all times. Time duration for construction is allocated for each item and if the work in that item is not complete as shown below, liquidated damages will be assessed for each day the work is delayed. A penalty in the amount of $ 500.00 per calendar day will be assessed against the contractor as liquidated damages. Completion sha11 be based on satisfactory work, completed, in accordance with the plan, specifications, and 'contract documents and accepted by the City. Start of Phase is initiated by the Notice to Proceed. The working time for completion of the entire Project will be 160 Calendar Days Each phase of the Project shall be completed within the number of calendar days allocated as describe in the following; From Day One Phase I East Header and Force Main 95 Calendar Days Phase 11 West Header and Force Main and Remaining Portion of Project 65 Calendar Days Construction of Phase. 2 will start after completion of Phase. 1 Entire project shall be completed within 160 Calendar Days. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain 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 Tune 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 160 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 (uCity Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500 per Calendar Day will be 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 Section A - SP (Revised 9/18/00) Page 3 of 25. 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 Pr�osals 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 13-2 of the General Provisions. A -9 Acknowledament 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 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 states (Revised 7/5/00) Labor preference and wage rates for heavy construction shall apply. In wage rates, the hiqlaer- eg tke rates shall pEevail. 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. Section A - SP (Revised 9118100) Page 4 of 25 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 1 -800- 344 -8377, the Tone 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 -1818 after hours) Gas Department 885 -6900 (885 -6913 after hours) Storm Water Department 826 -1875 (826 -3140 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 -3547 Cablevision 857 -5000 (857 -5060 after hours) ACSI (Fiber Optic) 887 -9200 (Pager 800 -724 -3624 CenturyTel 225/214 -1169 (225/229.3202 (M) ChoiceCom (Fiber Optic) 881-5767 (Pager 850 -2981) CAPROCK (Fiber Optic) 512/935 -0958 (Mobile) Brooks Fiber Optic. (MAN) 972/753 -4355 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 accura9Z and c5Lu2leteness of such informations 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. Section A - SP (Revised 9/18/00) Page 5 of 25 Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval-of the City Engineer. Sewage or other liquid must not be pumped,.bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result . if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments.to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. ,s A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide .a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor 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 he required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not Limited to, working 'driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. _y All costs for traffic control. are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related µ 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; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salva a 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 Section A - SP (Revised 9/16/00) Page 6 of 25 the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) The Gentraeter must ful5mish the City Bnyii-xeer er- his representative with 6 fie!' feet ef useable spaee. r-Ph-ee field effiee must be airs eenditiened and heated and must be ftir-nished with aa inelined table that measureS. at least 39 M 60 aad twe (-2+ ehairs. The Gentraeter shall meve the field efftee en the site as r-e"ired by City Engineer eL- his representative. The field effiee mi:ist be fur-a-ished with a GeEltEaeter. There is ne separate pay item ger- the field effiee. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on calendar days for. construction of the entire project and broken down into construction of each phase. This plan must detail the schedule of work for each phase of construction and shall be structured to meet all. the requirements of Section A -6 ` "Time of Completion." and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The Contractor to furnish Construction Schedule for the following Items SCHEDULE OF COMPLETION PHASE I Lift Station East Header and Force Main: Header and force main piping on the east side of lift .station shall be completed from lift station to the Influent Structure and in service within 95 Calendar Days from commencement of contract time, but no later than June 30, 2012. PHASE II - Lift Station West Header and Force Main and Remaining Portion of Project: - Construct remaining portion of project to complete the header and force main on the west side of the lift station to the Influent Structure and put into service. Shall be completed and in service within 65 Calendar Days from commencement of contract time. Entire project shall be completed within 160 Calendar Days The plan must also indicate the 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. Stems to Include Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission Revise and resubmit as required by the City Engineer. 5. Once a Month Update Submit Updated Construction Progress Schedule to shown 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. section A - SP (Revised 9118100) Page 7.of 25 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 the - Guyer = Consultant P-rej eet Engineer- The Contractor will furnish all lines, slopes and measurements for control of the work.. if, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project.Engineer prior to deviation. if, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Geiktr-aeter- shall tie in er ref erenee valves and maTiheies, bath emisting and all Section A - SP (Revised 9 /18/00) Page 8 of 25 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: (NOT.USED) SCHEDULE OF 'TESTING BY CONTE2ACTOR : 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 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) Attaehment Ne. 1. The signs ffH:ist be ins t -P- leed-be f-erce eenstL-aetien begins and will signs will be- determkeed .i:n the field by 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 Section A - SP (Revised 9/18/00) Page 9 of 25 the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enter rise: 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 one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0* of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as. the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority See definition under Minority Business Enterprise. e. Female Owned Business Enterprise A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.05 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.00 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 Section A - SP (Revised 9/18/00) Page 10 of 25 interest, shall be deemed equivalent to having minority participation in 25.0%a of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi - weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A Inspection Required (Revised 7/5/04) (NOT .USED) and te assugee a final inspeetien after- the building is eempleted a-Rd ready fei5 must pay all fees and ehar-ges levied by the Gity I s Building inspeetlen E�epar-tfnent and all ether Gity fees, ineludiRg watev�wastewater meter fees and, t . _ gl*iEe_ 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%r) 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 (100) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount Section A - SP (Revised 9/18/00) page 11 of 25 I of the bond reinsured any reinsurer may not exceed ten percent (1q%) of the reinsuter'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 reinsures authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of.Nueces County, Texas. Each bond must be executed by the Contractor and the Surety.. For contracts in excess.of $100,000 . the bond must be executed by.a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax ExeMtion (NOT USED) and the f ellewing- substituted in lieu theree f . fer e3eemptions ef Sales, Effelse, and Use Taxes unless the Gentr-aet � qualify , Tema•s - I ie Ae eeu t s 9E9 €er— all — Sales, Exelse, and Use Taxegapplieable t•e this— Prejeet. eerti €ieate 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: SeCtion A - SP (Revised 9/18/00) Page 12 of 25 _ 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 endoirsements, 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 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. 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 Section A - SP (Revised. 9/18/00) Page 13 of 25 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 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 -13. A -30 1�mended "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 -w 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; Section A - SP (Revised 9118100) Page 14 of 25 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 I l,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 replacementlof the subcontractor will result in an increase in the Contract price. 3'ailure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7 -13. 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre- construction conference. 8. Documentation required, pursuant to the Special Provisions A -28 and A -29 concerning. Considerations for Contract Award and Execution and the Contractor's Field.Administration Staff. 9. Documentation as required by Special Provision A-35 -K, if applicable.. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do.not exceed $25,000.00. Section A - SP (Revised 9/18/00) Page.15 of 25 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 Meetina referred to in Special Provision A -1. «u A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to -- addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) - The Gentraeber shall net otarb, operate, or stop any pwW, meter-, , -- -- --------- - - - - - s eh - Departme The Gentraeber shall net otarb, operate, or stop any pwW, meter-, , equipment- ,-- switeh, breaher, WateLfaGkiltyl at aW time eeabxel or any Al items ether item related be Cit beeperated s eh must — by an Departme Section A - SP (Revised 9/38/00) Page 16 of 25 pe3=senael: must wear- eelered uaifeEm eveaFalls other- than ea5aage, bl:ue, e�- white. Eaeh empleyee unifemm must provide eempamy name a-ad individual employee identification. -- -- - -- -- -- - - - -- - -- - - - - - 01 IN 0-4 pe3=senael: must wear- eelered uaifeEm eveaFalls other- than ea5aage, bl:ue, e�- white. Eaeh empleyee unifemm must provide eempamy name a-ad individual employee identification. Section A - SP (Revised 9/18/00) Page 17 of 25 -- -- - -- -- -- - - - -- Section A - SP (Revised 9/18/00) Page 17 of 25 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 Section A - sp (Revised 9/18/00) Page 18 of 25 Pl 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 Section A - sp (Revised 9/18/00) Page 18 of 25 detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g- Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's - selection. 3.- 'Test and Repair Report When specified in the 'Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on =site test data within. the specified time to the City Engineer for approval. otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the city" 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 "I are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) Section A - SP (Revised 9/18/00) Page 19 of 25 The isranee —e€ a eertlfieate— ef— eeeupamey. —Ear -4 A-40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- J 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 Priming and hot -mix paving operations must not be .conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such.as this is experienced, the day will not be counted as a work day ed at the unit priee—indieated in he pr -epesal. A -42 OSHA Rules & Re lations 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, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any r subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and _..m 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- contractors costs and breakdowns, cost of materials . and equipment, wage rates, etc.).. This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built section A - sP (Revised 9/18/00) Page 20 of 25 -a dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /fi.eld changes. - (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. ('6) 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) testing, The Geat�-aeter- shall be respqnsi hie far the disposal ef water- used fier- disinfeetien and line flashing in an appreved manner. Gentaminants in the wateE, i9artiettlarly high levels ef r w ill r and may eaceee areaB. These are regulated by niimea-eas ageneffies such as r EPA, ete. it will be the Gentraeter's r-espepsibility - e eemply with the requirements of all regalater-y sewe3F system fer diepesalef eentami ..teL-. A - 47 Pre Construction Exploratory Excavations (7/5/00) (NOT USED) Prier te any eenstruetion whatever. on the pr-9jeet, Gentraeter- shall 'pet hole" or Fe:e emisting :utilltiess parallel and are within ten feet (I0 ef 19repe pipelines at a RIMEiMUM Of 3GG feet G.G. aiA Gentraeter shall oulcvey the aeeu-:Fat-e been made in the area of the Phase - being — started, the rehul reported t the Engineer until Gentraeber reeeivee Engine - -- - a! ef 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 ARP /CP of his construction schedule with regard to said overhead lines. s - Sect.ion. A — SP (Revised 9/18/00) Page 21 of 25 Some overhead lines .are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to. overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty (8 /24 /00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 8 -11 Maintenance Guaranty add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 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. 2. On -Site Stockpiles: Excess material from excavation, whether non- contaminated of 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. Section. A - SP (Revised 9 /18/00) Page 22 of 25 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, 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 Propert 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 constructions 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. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Securit 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. Section A - SP (Revised 9/18/00) Page 23 of 25 A -56 Paarking 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 V 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. 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 PR0,7ECT: GREENWOOD WWTP Lift Station Force Main I rovements Project No. E09005 OWNER: City of Go us Christi ENGINEER: Urban Engineering CONTRACTORe SUBMITTAL DATE: SUBMITTAL, NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A _ SP (Revised 9/18/00) Page 25 of 25 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of MARCH 2012, by and between the CITY OF CORPUS CHRIST] 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 $353,425.00 by City and other obligations of _ City as set out herein, Contractor will construct and complete certain improvements described as follows: GREENWOOD WWTP LIFT STATION FORCE MAIN IMPROVEMENTS PROJECT NO. E09005 (TOTAL BASE BID + ADD.ALT.NO.1: $353,425.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -71 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 160 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 ATTES City Secretary APPROVED AS TO LEGAL F RM: By: ' °t(I�t Asst. City Attorney ATTEST:, (lf.Corporatioq) ~`(Seal Belov# (Note Jf Person signing for T corporation is not President; attach copy of authorization - to sign CITY OF CORPUS CHRISTI By: emu` Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: —. Daniel Biles, P.E. Interim Director of Engineering Services CONTRACTOR Associated Construction Partners Ltd. By j M �& Title: 21 i W. Bandera Rd., Ste. 114 -461 (Address) Boerne, TX 78006 (City) (State)(ZIP) 2101698 -8714 * 2101698 -8712 (Phone) (Fax) , .... ° " "" 6 �lCliti6Glt g SECRETARY IL Page 3 of 3 Rev. Jun -2010 P R O P O S A L F 0 R M F 0 R GREENWOOD WW'TP LIFT STATION FORCE MAIN IMPROVEMENTS Project No. E09005 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 7 P R O P O S A L P Pl ace : � i r`�/� 1) i ��:� . �r����3 `` VVr i €iv Date: a Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or' Individual doing business AR 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 LIFT STATION FORCE MAIN IMPROVEMENTS Project No. E09005 at the locations set out by the plan's and specifications and in strict accordance with the contract documents for the following prices, to -wit: PROPOSAL FORM PAGE 2 OF 7 GREENWOOD WWTP LIFT STATION FORCE MAIN IMPROVENENTS PROJECT NO. E09005 BASE BID I II TII TV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIG[}RES BID ITEM EXTENSION (QTY & U1HIT PRIG; IN'IGURES) 1 1 LS Bonds, Insurance, complete in' place per LS �i $ C� d� cs �6 2 . 1 LS Move in/ Move Out, complete in place per LS 3 1 LS Header and Force Main Replacement, complete in place per LS ; 1 $ P bo C 1 4 5 SY Concrete Pavement Repair, complete, in place per SY 3 1,�, 0 5 80 SY Asphalt Pavement Repair,. complete in place per SY 6 45 LF Curb Repair, complete -in place per LF s 7. 1 LS Mandatory Utility Allowance, complete in place per LS $10,000.00 $ 10,000.00 SUB -TOTAL BASE BID $ (Items I — 7) 3 q g a� 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 7 GREENWOOD WWTP LIFT STATION FORCE bfiUN IMPROVEMENTS PROJECT.NO. E09005 ADDITIVE ALTERNATE I ACCESS HATCH SAFETY GRATES I II III IV v BID QTY & UNIT - PRICE BID ITEM E? TMs:rom ITEM UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE: IN IFTGURES) AA1-1 1 Install Access Hatch Safety . 5, 6 LS Grates, complete in place per LS 0 j 6 - L' s cs TOTAL ADDITIVE ALTERNATE No. I $ (Item AAI-1) GREENWOOD WWTP LIFT STATION FORCE MAIN IMPROVEMENTS PROJECT NO. E09005'. BID SUMMARY TOTAL BASE BID (Bid Items 1 through 7 ADDITIVE AlffERNATE NO. 1 (Bid Item AA-1-1) $ 7) $ 6 - 5 0 PROPOSAL FORM Page 4 of 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as requi.r-ed)f the faithful performance of this contract and a Payment Bond (as required) to insure- payment for all labor and materials. The bid band attached to.this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby: Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the -work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work Phase.I within 95 Calendar Days after construction is begun and Phase 11 within 65 Calendar days. Construction of Phase 2 will start after completion of Phase 1. Entire project shall be completed within 160 Calendar Days (including any of the phasing and 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.) : Respectfully submitted: Name By (SEAT, - IF BIDDER IS a-corporation) Address 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 5 OF 7 PAYMENT BOND STATE OF TEXAS § BOND No. 1006810 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Associated Construction Partners, Ltd. of the City of Boerne , County of Kendall . and State of Texas as principal ( "Principal'), and _Mid-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 a ppear, all of whom shall have a right to sue upon this bond in the penal sum of AND 001100 U.S. Dollars ($ 353.425 U.SJ to be paid in Nueces County, Texas, for the payment of which sun well and truly to be made, We, said Principal and Surety, — c , 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 20TH day of MARCH , 2012 which Agreement is hereby referred to and made a part hereof as F" fully and to the same extent as it copied at length herein, for the construction of: . GREENWOOD VINVTP LIFT STATION FORCE MAIN IMPROVEMENTS PROJECT NO. E09006 (TOTAL BASE BID + ADD.ALT.NO.1: $353,425.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all �+ monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract 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. �7 (Rev. Date May 2011) Payment Bond Page 1 of 3 ear. M& Provided further, that this bond is executed pursuant to Chapter 2253, Texas MR 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 29th day of March — 1 2012. PRINCIPAL SURETY Assoc' ted Construction Partners, Ltd. Mid - Continent Casualty Company By: Lk4 C B y: W — A or -In -fact Gary . Wheatley Title: VA ATTEST: Secretary :`r - .. Address: 215 W. Bandera Rd. Address P.O. Box 1409 — tnn Ste. 114 - 461 Tulsa, OK 74101 Boerne, TX 78006 Telephone: (972) 671 -1070 —r" E_Mail: jbranch @mcg- ins.com (Rev. Date May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in NLIeCeS County, Texas, for delivery of notice and service of process: Name: Tom Carlisle Agency_ Carlisle Insurance Agency, Inc. Address: 500 North Water St., Ste. 9 0_0 (Physical Street Address) Corpus christi, TX 78401 (City) (State) (zip) Telephone: 361 -884 -27 75 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, Elate May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND ` STATE OF TEXAS 9 BOND No. 1006810 MR COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Associated Construction Partners Ltd. of the City of —, Boj�rne, County of Kendall, and State of Texas , as principal ( "Principal'), and Mid- Continent Casuat 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% in the penal sum of THREE HUNDRED Dollars ($ 353,425.00 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 20TH of MARCH , 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 LIFT STATION FORCE MAIN IMPROVEMENTS PROJECT NO. E09005 _ (TOTAL BASE BID + ADD.ALT.NO.1: $353,425.00) Now therefore, the condition of this obligation is such, that 9 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 void; otherwise to remain in full force and effect. � Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract. or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. 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 wham service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.009 to 3503.005, Texas Insurance Code, as amended. r 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 2 9th day of March 2012. PRINCIPAL SURETY Associated Construction Partners, Ltd. By: K - Title: dut ATTEST: L t+ul Secretary r Address: 215 W. Bandera Rd. Ste. 914 -461 Boerne, TX 78006 NIEW Mid - Continent Casualty Company Address: P.O. Box 1409 Tulsa, OK 74101 Telephone: (972) 6 71 -1 Fax: (918) 588 -1296 E -Mail: jbranch @mcg- ins.com 7" i (Rev. Date May 2011) 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: To Carlisle Agency. Carlisle I Agenc Inc. Address: 5oQ North Water &..__ste._9QQ _ (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 lava or by OWNER under applicable law. Note: Surety Agents Original Power of Attorney 111ust be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev date May 2011 t Performance Bond Page 3 of 3 CH U!5 f RE GO '% Of a #ion v� Pt��v�r. of- t#or� � fare Perfotrnance anti Phi Y � � g�r�cls; PCQ]EC# mfme r No r WVVTP Lift.Stpd &Force Min ImRroVdm�nts Project Na EQ9d05 .ai3ff tY 0 M PPllly - . i id- Co�tin'eri Gas[ia . t;ofn a ��,dieslG�intl� men . Vic t���w : KscistarI - V #h teb y ha# h :F� jm,]e pater tf atrom+ sbrtttd b ca,y wihe�try .. F�arta7ters ltd x r�strgct,pn aaae "t� Mats °eert## tru:an#' - .fte ox+ rr�a puvrtc�rC�y�t fife irhltrord �fht~ Lure �cciirnPyrt t #5 tom �, has nQt aradi:.►rtrn�. , u�fQre, and,atr, dg WL en�s stah9�� fi e'r try erenf Qf `; ��i�t��ftt�i��# �� �taC �f �#��rri��F ti�� �� �f tpus �h�rs� shall �� t•iv #��� in ttfi Ib► rrte't�ntl rif )Ori7ys tta.att�efiawng M. Cty " Ps i. t3pa�#rt Ertgin et'ttt t# amifi Adrhulis q t r 0 th s °day of Sanyo bil-w oobtct d t#r Won-, in6 e.O t. hv§ Beaty o ... . t �! R '�- ' +` PUBLIC Noll .' F`P k c, f}V [ 4 s O a State of °.� � p.�0' �•;`-� �a� ;+my C0mmissidn sp ires E C�� tt� {ReWa�y; i?tile..Farm IN WITNESS WHEREOF, Ehe M1Q- CONTINENT3CASUALTY COMPANY has eause_d fliese presents' €o be �ig'ned a . d - attested by its appropriate officers and Otis Corppraf0 seal hereunto of i red this 2' day of March 20 2 STATE OKLAHOMA,: COUNTY OF TULSA Cbrhmission My Commission Q1 26 Notary ubli'c CERTIFICATION e > x MID - CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY STATE OF TEXAS CLAIM NOTICE ENDORSEMENT In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the ..Texas Property Code, a.ny.n,otice of claim. to the named surety under this bond(s) should be sent to: Mailing: M11D- CONTINENT CASUALTY COMP ANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 918- 587 -7221 Physical: 1437 S. BOULDFR SUITE 200 TULSA, OKLAHOMA 74119 ATTACH THIS NOTICE TO YOUR BOND To B si wD BY crr? 'PURCHASING MISTox City of CITY OF CORPUS CMUSTIr C m 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. 1f the questi� i not applic Ie, answer with "NA ". See reverse side for Filing Requirements, Certifications and _ defu�o:ns. COWAL•TYNAME• Associated Construction Partners Ltd P. U. BOX: 215 W Bandera Rd Ste 114 -461 Boerne TX 78066 STREET ADDRESS: 29250 Old Fredericksburg Ste 101 F.1RM IS: I . Corporation 8 4. Association CITY: 2. Partnership 5. Other 78ois ZW= 3. Sole Owner D DICSCLOSURE gUESTIONS 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 laving an "ownership interest" constituting 3% or more of the ownership in the above .named "firm." Name Job Title and City Department (if ]mown.) 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 . 'I Name Title 3. State the names of each "board inember" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "fum." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Boerne PROPOSAL FORM PAGPE 6 OF 7 FHING 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 geinetal or a substantial segment thereof; you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to actin the maf#er, 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 Sectioii 2 -349 (d)] CERT>FICATION I certify that all information provided is true and correct as of the date of this statement, that F h no t knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. r I n a j l Certifying Person: } •1, Title; (lypeorPrint}r 4 -U Signature of Certif ug ; � ' � } Date: Person: DEFT TTIONS a. `Board member." A member of any board, com or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic.benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor_ d. "Finn." n." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities. which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership -Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through . an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreeme_nts." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.. PROPOSAL FORM PAGE 7 OF 7 ,aco CERTIFICATE OF LIABILITY INSURANCE DA! 3 %27/20r;� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT YBTX Risk Services SAT NAME: 5746 Hausman Rd., Ste. 100 PHONN Eat: (210) 696 -6688 AIIC No:(210) 696 -8414 "AIL San Antonio TX 78249 ADDRESS: INSURERS) AFFORDING COVERAGE ! NA10 # I INSURED Associated Construction Partners, Ltd. V Associated Controls & Instrumentation, LLC. 215 IN Flanders. Road Suite 114 -461 Boerne TX 78006 COVERAGES CERTIFICATE NUMBER: Cert ID 12132 REVISION NUMBER' I r710 IJ 1 U I, Mrl I Ir r r NA I I nt rULIUIt5 Ur iN b LIK ANGE I.IS I tU BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURpjNCE ADDL SU R POLICY EFF POLICY EXP LTR POLICY NUMBER MNM MNlD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 DAMAGE TO ELATED A - X COMMERCIAL GENERAL LIABILITY CLP3559936 10/4/2011 10/4/2012 PREMISES Eaoxu. re $ 100,000 CLAIMS -MADE ❑X OCCUR i MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 1000,000 GENERAL AGGREGATE $ V2,000,000 GEN'LAGGRE GATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $, 2,000,000 POLICY F X I ' , , RO T - LOC $ AUTOMOBILE LIABILITY BINEDESINGLE LIMIT _ E F 1, 000, 000 BODILY INJURY (Per person) $ B ANYAUTO 10/4/2011 10/4/2012 A OS SCHEDULED AUTOS AUTOS CAP3559935 - i ` BODILY INJURY Peraccidenl ( ) $ NON-OWNED HIREDAU70S X AUTOS f � r X PROPERTY DAMAGE Per accident $ B X UMBRELLALIAS X OCCURy CUP2590877 10/4/2011 10/4/2012 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE �' AGGREGATE $V 2,000,000 DED I I RETENTION$ $ WORKERSCOMPENSAMN WCSTATU- OTH- AND EMPLOYERS' LIABILI Y YIN T RY MR E.L EACH ACCIDENT $ ANY PROPRIETORIPARTNI:RIEXECUTIVE OFFICERIMEMBER EXCLUDED? El MIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under - E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 701, Additional Remarks Schedule, it more space is required) Re: Project: B09005, Job Name: Greenwood WWTP Lift Station Force Main Improvements V The General Liability & Auto Liability policies include blanket automatic additional insured endorsements (form #GL46670111, #GL46650111, #CA04030604) that provides this feature only when there is 'a written contract between the named insured & certificate holder that requires such status. The General Liability & Auto Liability policies include a blanket: automatic waiver of subrogation endorsement (form #GL30850106, #CA20890604) that provides this feature only when there is a written contract between the named insured & the certificate holder that requires such status. Primary Non - Contributory wording per endorsement (form #GL46670111, #GL46650111). �..crellrna.,yl�rev�nr�r� 1+ANlrtt L.AIIVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services f PO BOX 9277 r AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469 6v,) f. ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD A4000RV CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDIYYYY} `..� 03/27/2012 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I'IOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAC T LOCKTON COMPANIES, LLC NAME' 5$47 SAN FELIPE, SUITE 320 PHONE FAX No Ext AIC N : HOUSTON, TX 77057 r. AFFORDING COVERAGE e ComDanY of North America INSURED INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD, TX 77339 ' SEE BELOW o: E: COVERAGES CERTIFICATE NUMBER:7AAMWG4Y REVISION NUMBER: i nr0 ra 1 v "..crcr 1rT 1 nru I n1- MUL.1UIr.J Ur INb LE5 L0 IJLLUW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE UBR POLICY EFF POLICY EXP LTR IN SR POLICY NUMBER MMIDDIYYW MMIDDIYYYY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occ $ CLAIMS -MADE OCCUR MED FXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY , COMBINEO SINGLE LIMIT Ea aceideni BODILY INJURY (Per parson) $ ANYAUTO O D BODILY INJURY (Per accident) $ .AUTOS AU HIREDAUTOS NON AUTOS (P 1 , 10 fYDAMAGE Peraccde. $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION C47027019 10/01/2011 10101/2012 X 1NC STATU- OTH- AND EMPLOYERS' LIABFLITY YIN T RY LIM - 1 ER EL EACH ACCIDENT $ 1,000,000 _ ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? ❑ NIA X E.L. DISEASE - EA EMPLOYEE $ 1,000,000. (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) . ASSOCIATED CONSTRUCTION PARTNERS, LTD (2407100) IS INCLUDED AS A NAMED INSURED THROUGH ENDORSEMENT. WAIVER OF SUBROGATION IN FAVOR OF CITY OF CORPUS CHRISTI INCLUDED WHEN REQUIRED BY CONTRACT. Project: E09005 ,Job Name: Greenwood WWTP Lift Station Force Main Improvements j CITY OF CORPUS CHRISTI ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR P O BOX 9277 CORPUS CHRISTI, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Page 1 of 1 ©1988 -2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD c.� Cert ID 12298 ' EVIDENCE OF PROPERTY INSURANCE DATE(MNADDP/YYY) THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS SUING IN SURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY I MHO No E • (210) 696 -6688 COMPANY Travelers Lloyds Ins Co 98932 Collections Center Drive IBTX Risk Services SAT Chicago IL 60693 5726 Hausman Road suite 100 San Antonio TX 78249 I CODE: I SUB CODE: I INSURED LOAN NUMBER POLICY NUMBER Associated Construction Partners, LTD. 6605BOS1305 Associated Controls & Instrumentation, LLC. 215 W_ Bandera Rd. *114 -461 EFFECTIVE DATE EXPIRATION DATE Boerne TX 78006 3/15/2012 3/15/2013 7 CO NTNUEDUNIL R MINATEDIF THIS REPLACES PRIOR EVIDENCE DATED: LOCATIONIDESCRIPTION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU BJ EC T T A T HE T EXCL AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L:UVtKAl9t INFURMAHUN COVERAGE f PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Installation Floater 1,500,000 2,500 Re: Project: $09005, Sob Name: Greenwood WWTP Lift Station Force Main Improvements ;ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROV ADDITIONAL INTEREST NAME AND ADDRESS City of Corpus Christi Engineering Services rI MORTGAGEE LOSS PAYEE Hx ADDITIONAL INSLIRECY DEFAULT LOAN# PO BOX 9277 Corpus Christi TX 78469 - AUTHORIZED REPRESENTATIVE Iv�.�rtv a Icuuyr IAl V 1993 -ZOOS ACURU CURPURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r IB�TX Idsk Services Safety Mancgerrlent - Human Resources Services - Business Insurance e Personal Insurance Employee Benefits - Surety Bonds a Wealth Management a Executive Planning * * * * * * ** IMPORTANT NOTICE EFFECTIVE 01/01/2012 * * * * * * ** The Texas legislature passed and Governor Perry signed Senate Bill 425 which became effective January 1, 2012. Under the law, agents and insurers may not: • Issue a certificate that has not been filed and approved by TDI • Alter or modify a certificate form approved by TDI unless the alteration or modification is approved by TDI. • Issue a certificate that alters, amends or extends coverage or terms and conditions provided by the insurance policy referenced on the certificate. Following is an outline of the law and subsequent penalties: • This law will require certificate of insurance forms to be filed with and approved by the Texas Department of Insurance before they can be used after the effective date of the law. • In addition, the law explains current Texas Department of Insurance rules that a certificate of insurance must not obscure or misrepresent the coverage provided by the insurance policies. Definition of "Certificate" includes checklists, affirmations and electronic forms. • After January 1, a certificate holder who requires an agent or policyholder to use an unapproved form or insert inappropriate language on a certificate may be sued by the Attorney General for injunctive relief or to recover a civil penalty of up to $1,000 for each such requirement. • An insurance agency could incur significant penalties of up to $1,000 for each violation under those rules and the new law, including the revocation of the agency's insurance license, if a certificate were issued exactly as the certificate holder requested. For this reason, after 01101/2012 we will issue the standard certificate of insurance form and may not be able to comply with some of the items you request. Certificate holders can mail certificate forms and special wording requests for approval to: P &C Intake Unit Texas Department of Insurance 333 Guadalupe Austin, TX 78701 commerdialpc@.tdi.state.tx.us Please contact us with any questions you may have. CM* Emily Contreras Commercial Lines Manager —SA 210- 697 -2223 Robin Moody, CIC Commercial Lines Manager - DFW 214 - 646 -1652 C1RN Office: Las colincs colpolule € erlea 11, 6s363 hl. Stare Hwy 151, SWte 1 00, TX 75-f)35 -Toll Free: i8 �3pr 514 -51219 - Pax: (21=° -) 596-9031 Su;o wralowio C?;fice: 57?6 ! # sira� F ., 1 © ©, Sc�� ` n9tT�?iG, T 7b2�45 -TOF Fred: • Fax: X210) 696 .84i4 Associated Construction Partners 21 S Air Bandera Rd., Suite 114 -461 Boeltie, Texas 78006 Phone. 210 -698- 8714 ---- Fax: 210 -638- 8712 - - -- Email; jill(Zacparfners.org 4/12/12 City of Corpus Christi Engineering Services Pa Box 9277 Corpus Christi TX 78469 RE: Green%vo ©d WWTP Lift Station Force Main improvements Project No. E09005 installation floater coverage policy number.6605ao51305 Ladies /Gentlemen , With respect to the coverage provided by'pbiicy number 6605BO51305 required for the above named project ACP, Ltd shall provide the City of Corpus tt risti Wth 30 day notice of cancellation. Sincerely, I OA A I Simpson President Page 1 of 1 QT6605BO51305TLC12 COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement madities insurance provid The following is added to Section E — AO[ COVERAGE CONDITIONS: Loss Payable Provision In the event of a Covered Cause of Loss to Property in which both you and a Loss Pal an insurable interest, rve will: s. Adjust the loss or damage with you; and d under the IM PAK COVERAGE FORM. ITIONAL b. Pay any claim for loss or damage jointly to you and the Loss Payee as your interests may ap. pear. Covered This endorsement applies to all Covered Property for ae share wNch a. Loss Payee is on file with us or your incur. ance agent or insurance broker. CM T$ 60 0110 d) 2009 The Trovelere Indemnity Company Page 1 of 1 indudes copyrighted mmerial or Insurance Services Caice. Inc. with its permission. COMMERCIAL INLAND MARINE POLICY NUMBER: QT6605BD51305TLC12 ISSUE BATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: The person or organization indicated below is added as an additional insured, as their interests may appear, for the described property only: SCHEDULE Description of Property Additional Insured {Name and Address} CITY OF CORPUS CHRISTI ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TX 78469 CM T8 83 11 95 Page 1 of 1 CLP3559936. Addtl Insured Sndorsment: GL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section III -- Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the project(s) designated In the written contract B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organizaron other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance Will be primary relative to insurance poficy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -0667 (01111) Includes Copyrighted Material of Insurance Services Office With Its PerrNssion CLP3559936 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization who Is required by written contract to be an additional Insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by *y=r worst" at the project designated In the contract, performed for that additional insured and included in the " products - completed operations hazard ". This Insurance Is excess of all other insurance available to the additional insured. whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to Insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution frflrrr such Insurance if the written contract also requires that this Insurance be non-contributory. But with respect to all other insurance under which the additional Insured qualities as an insured or additional insured, this Insurance will be excess. GL -4665 (01111) Includes Copyrighted Material of insurance Services Office With Its Perrnission i CLP3559936 'Engineer' means a person or organization who has been engaged by the 'owner", `contractor' or ' construcfion manager" to perform engineering services for the project designated In your written contract or written agreemerrf and has a contractual responsibility for supervising, directing or controlling your operations on such project, 'Architect' means a person or organization who has been engaged by the "owner', 'contractor' or 'construction manager to perform architectural services br the project designated In your written contract or written agreement sod has a contractual responsibility for supervising. directing or controlling your opera #bons on such project. Any coverage provided herein will be excess over any other valid and collectable Insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed In a written oortract or written agreement executed prior to any loss that this Insuramcae will be primary. However, any other Insurance specfllcally ptffchased for a designated pro)ect(s), Including but not limited to addf9anal Insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. It this insurance is determined to be primary, we agree not to seek contribution Imm such other Insurance only If you have so agreed in the written contract or written agreement. C: AUTOMATIC WAIVER OFSUBROGATION Item & of SECTION W - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: S. 11ranster of Alts of Recovery Against Others to U& and Automatic Waiver of Suhr"atfon. a. If the Insured has rights to recover an or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after foss to Impair those rights. At our request, the Insured will bring 'suit' or transfer those rights to us and help us enforce them. b. It required by a written contract executed prior to loss, we waive any right of recovery we may have against pry person or organization because of payments we make for injury or damage arising out of your work' for that person or organization. D. EIRENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.1b. of the COMMON POLICY CONDITIONS. Is deleted and replaced with the tollowing: A.Lb 80 days before the effective date of the cancellation 9 we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this pollcy, we Will mail or dealer to the first Named Insured shown In the Declarations written notloe of the nonrenswal not less than 60 days before the expiration date. b. IF we do not give notice of our Intent to nonrenew as prescribed in a. above, tt Is agreed that you may extend the period of this policy for a maximum additional sixty() days tram its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates Wil remain In effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages avaiable to the Irmured as a result of our failure to give the notice as prescribed in 9. a. above. GL -3085 (Dl=) -4- f , POLICY NUMBER: CAP3559935 '" COMMERCIAL AUTO 'f. CA 0403 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: t BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement_, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on 1he inception date of the policy unless another date is indicated be- low. Endorsement Effective: Countersigned By: Named Insured. Authorized Representative SCHEDULE Name and Address of Addltlonal Insured: r Any person or organization for whom the insured has agreed by written contrast to designate as an additional insured subject to all the provisions and limitations of this policy. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an 'insured' the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this pol- icy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, it applicable. de- clared by us shall be paid to you. C. You are authorized to act for the additional insured named in The Schedule or Declarations In all matters pertaining to this Insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. N we cancel, we will give 10 days no- tice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of .recovery as a claimant under this policy. CA 04 03 06 04 0 ISO Properties, Inc., 2003 Page i of 'I Addtl Insured Auto POLICY NUMBER: CAP3559935 COMMERCIAL AUTO CA 20 89 os 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL_ DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy eifective on the inception date of the policy unless another date is indicated be- llow. Endorsement Effective: Countersigned By: Authorized Re eseniative Named Insured: SCHEDULE J Name Of Person(s) Or Organl=[Ion(s): Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation. I __�___ __ Addillonal Premium 1 Incl uded I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organizations) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termination of this endorsement or the policy. CA 20 89 fah 04 @ ISO Properties, Inc., 2003 Page 1 of i 30 Day Cancel notice GL POLICYNUMBER: CLP 3 559 936 V COMMERCIAL GENERAL LIABILTY CQ 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: f COMMERCIAL GENERAL LIABILITY COVERAGE PART bpi LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: SEE MAN-00001 2. Address: SEE MAN -00001 i 3. 1 Number of da s advance nett 30 Information required to complete 1h4 Schedu , if not shown above, will be shown in the Declarations. CG 02 0512 04 0 ISO Properties, Inc., 2003 Page 1 of 7 Policy # CLP 3 559 936 MANU SCRIPT ENDORS 30 Y NOTICE OF CANCELLATION 2. CITY OF CORPUS CHRISTI. ENGINEERING SERVICES, ATTN: CONTRACT ADMINISTRATOR, PO BOX 9277, CORPUS CHRISTI, TX 78469 MAN -CO (01 102) POLICYNUMBER: CAP 3 559 935 30 Day Cancel Notice- Auto COMMf RCIAL AUTO CA OZ 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Cobntersigned By: Named Insured: Authorized Representative SCHEDULE Number of Days' Notice: Name of Person or Organization: SEE MAN- AU-001 Address: If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated In the Schedule. CA 02 44 06 04 0 ISO Properties, Inc., 2003 Page 1 of 1 rvLwT NUMULM: l Al' 3 bbY 93!3 MANUSCRIPT ENDORSEMENT 30 PAY NOTICE OF CANCELLATION 2. CITY OF CORPUS CHRISTI. ENGINEERING SERVICES, ATTN: CONTRACT ADMINISTRATOR, PO BOX 9277, CORPUS CHRISTI, TX 78469 MAN AU (01102) Workers' Compensation and Employers' Liability Policy Named insured INSPERITY, INC. Endorsement Number r 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Policy Number Symbol: RWC Number. C47027019 Policy Period Effective Date of Endorsement 10 -01 -2011 TO 10- 01.2012 02 -02 -2012 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insertjqtpohey number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy, NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other farm of notification as we determine, to the persons or organizations fisted in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or F organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. a will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this- endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy SCHEDULE Name of Certificate Holder E -Mail Address Physical Address CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, ENGINEERING SERVICES / TX 78469 CONTRACT ADMINISTRATOR All other terms and conditions of this Policy remain unchanged. 1 1VAk Xq Authorized Representative WC 99 03 71 (01 /11) Page 1 of 1 Workers' Comnensation and Emnlnvers' Liabilifv Pnlicv Named Insured INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE Endorsement Number Policy Number KINGWOOD TX 77339 Symbol: RWC Number: C47027019 Policy Period Effective Date of Endorsement 10 -01 -2011 TO 10 -01 -2012 03 -27 -2012 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Inseq number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the polic . TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to .recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 9. ( x ) Specific Waiver Name of person or organization: CITY OF CORPUS CHRISTI P O BOX 9277 CORPUS CHRISTI, TX 78649 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to. furnish this waiver. 2. Operations: PROJECT: E09005 / JOB.NAME: GREENWOOD WWTP LIFT STATION FORCE MAIN IMPROVEMENTS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: / AW Authorized Agent WC 42 03 04 A (1100) Ptd. in U.S.A. INDEMNITY INS. CO. OF NORTH AMERICA NCCI CARRIER CODE 25437 POLICY NUMBER ❑ New ❑X Renewal Symbol: RWC Number 70 27 01 9 PREVIOUS POLICY NO. ❑ Individual ❑ Partnership Symbol: RWC Number: C4848521A ❑X Corporation ❑ Workers' Compensation and Employers Liability Insurance Policy Information Page ❑ Rewrite Item 1. INSPERITY, INC. Named 19001 CRESCENT SPRINGS DRIVE Insured KINGWOOD . TX 77339 Mailing Address Inter /Intrastate ID No.: 917101507 Federal Employer ID No.: 760479645 Employer's ID No.: PIIC CODE: 7389 For other named insured see Extension of Information Page - Schedule of Named Insured, WC 99 99 99 A For other workplaces see Extension of Information Page - Schedule of Other Workplaces, WC 99 99 99 B Item 2. Policy period: From 10 -01 -2011 To 10 -01 -2012 12:01 A.M_, standard time at the named insured's mailing address. Item 3A Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: TX Item 3B. Employers liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee Item 3C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: ALL STATES EXCEPT ND,OH,WA,WY, AND STATES DESIGNATED IN .STEM 3.A Item 4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. SEE EXTENSION OF INFORMATION PAGE- CLASSIFICATIONS If indicated here, interim adjustments of premium will be made: Minimum Premium collected in TX $ ❑ Semi - Annually ❑ Quarterly ❑ Monthly Total Estimated Premium $ Deposit Premium $ This policy includes these endorsements and schedules: SEE SCHEDULE OF FORMS AND ENDORSEMENTS WC999999D PRODUCER NAME AND MAILING ADDRESS LOCKTON COMPANIES LLC 5847 SAN FELIPE PLAZA SUITE 320 HOUSTON TX 77057 PRODUCER CODE: 279114 20- 3354970 DAU MARKETING OFFICE: DALLAS BRANCH ISSUE DATE: 09/15/2011 4ZO (Authorized Representative) WC 00 00 01A (06103) Copyright 1987 National Council on Compensation Insurance INSURED COPY EXTENSION OF INFORMATION PAGE Named Insured Endorsement Number INSPERITY, INC. e 19001 CRESCENT SPRINGS DRIVE Policy Number KINGWOOD TX 77339 Symbol: RWCNumber: 047027019 ' Policy Period Effective Date of Endorsement 10 -01 -2011 TO 10 -01 -2012 1 10 -01 -2011 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA SCHEDULE OF NAMED INSURED ITEM 9., NAMED INSURED, OF THE INFORMATION PAGE IS EXTENDED AS FOLLOWS: NAMED INSURED FEIN ASSOCIATED CONSTRUCTION PARTNERS, LTD For the state of CA refer to state specific endorsement. This endorsement is not applicable in NJ. 262197773 I ) VAk 4W Authorized Agent WC 99 99 99 A (10106) Page 11 of 136 EXTENSION OF INFORMATION PAGE Named Insured Endorsement Number INSPERITY, INC. .19001 CRESCENT SPRINGS DRIVE Policy Number KINGWOOD TX 77339 Symbol: RWC Number: C47027019" Policy Period Effective Date of Endorsement 10 -01 -2011 TO 10 -01 -2012 10-01-2011 Issued By (Name of insurance Company) INDEMN INS. CO. OF NORTH AMERICA SCHEDULE OF OTHER WORKPLACES ITEM 7., OTHER WORKPLACES, OF THE INFORMATION PAGE IS EXTENDED AS FOLLOWS: OTHER WORKPLACES FEIN ASSOCIATED CONSTRUCTION PARTNERS, LTD / 215 W BANDERA RD STE 114 -461 BOERNE, TX 780062820 For the state of CA refer to state specific endorsement. This endorsement is not applicable in NJ. 262197773 I V Authorized Agent WC 99 99 99 B (10106) Page 24 of 290