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C2012-175 - 5/15/2012 - Approved
Bridges Specialties Inc. 2012-175:'! M2012-092 5/15/121 • • •••-• ••• • • FOR WASTERrilIATER DEi3ARI11.01.JT CITY E CITY COROU S_ ,111 131-ibrie : 361/826-1800 Fax 361/826.-1715 • DEPARTM 7 Eit7 9RIN° E : I E CITY 0 vc;31sTt Fax .611880-3501 . ..„,......,:„ w . ,,,.:, ,..p. t..4.. ....trc..!0°.,:.:::...:.47k,-:.:::::.:N%:.. e . - , ,4 ....R.,. : _. ..... - ••• b 6, .. . ... .. . ."......:" :..!..7::::.......:1:...,,.1...:c......./.r.,8:0:k.0:1cliZs.::...7:.,.......:,,,,..;.....:,,...:: ill4 AN..................... , DRAWING. EITEI ' weno(Revised 7/5/00) MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building. or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A-6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A--10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office(NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A -21 Project Signs A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 715/00)(NOT USED) A -24 Surety Bonds A -25 Sales 'Pax Exemption(NO LONGER APPLICABLE) (6/14/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29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 A -35 City Water Facilities: Special Requirements(NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate of Occupancy and Final Acceptance (NOT USED) A -40 Amendment to Section B-8-6: Partial Estimates A -41 Ozone Advisory(NOT USED) A -42 OSHA Rifles & 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 Disposal of Highly Chlorinated Water A-47 Pre - Construction Exploratory Excavations A-48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty° (8/24/00) A -50 Amended Prosecution and Progress ATTACHMENT 1 -- Project Signs PART B - GENERAL PROVISIONS PART C -- FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS VOLUME I 021 SITE PREPARATION 021020 Site Clearing & Stripping S5 022 EARTHWORK 022020 Excavation & Backfill for Utilities & Sewers S9 022022 Trench Safety for Excavations 022040 Street Excavation 510 022100 Select Material S15 022420 Silt Fence S97 023 FOUNDATIONS, BORINGS, PILES & CAISSONS 023020 Jacking, Boring, Tunneling S65 025 ROADWAY 0252 STJBGRADES AND BASES 025205 Pvmt. Repair, Curb, Gutter, Sdwk. Dwy. Replacement 854 025220 Flexible Base Caliche S24 0254. ASPHALTS AND SURFACES 025404 Asphalts, Oils, & Emulsions 829 025412 Prime Coat 830 025424 Hot Mix Asphalt Concrete Pavement S34 0256 CONCRETE WORK 025610 Concrete Curb & Gutter 552 025612 Concrete Sidewalks & Driveways S53 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025805 Abbreviated Pavement Markings 5101 026 UTILITIES 0262 GENERAL 026202 Hydrostatic Testing of Pressure Systems 589 026206 Ductile Iron Pipe & Fittings S81 026210 PVC Pipe for Waterlines & San FM's AWWA C900/C905 026214 Grouting Abandoned Utility Lines S3 0264 WATERLINES 026402 Waterlines 888 026404 Water Service Lines S87 026411 Gate Valves For Water Lines S85 0266 SANITARY FORCE MAINS 026602 Sanitary Sewer Force Main S69 027 SEWERS & DRAINAGE 0272 GENERAL 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures 027205 Fiberglass Manholes 0276 SANITARY SEWERS (GRAVITY) 027604 Disposal of Waste From Sanitary Sewer Cleaning 027610 Television Inspection of Conduits 5125 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 (Includes Diagram) 038000 Concrete Structures 841 055420 Frames, Grates, Rings and Covers 857 PART T T- 000500 T- 000164 T- 000512 T- 000900 `I'- 001301 T- 001770 T- 002864 T- 002900 T-0262068 T- 026409 T- 026604 T- 026608 TECHNICAL SPECIFICATIONS Mobilization Seeding for Erosion Control Portable Concrete Traffic Barrier Reconstruction of Sanitary Sewer Force Main by Pipe Bursting /Crushing replacement Process Contractor's Submittals Closeout Procedure Bypass Pumping Special Specifications for Handling Asbestos Cement Pipe Lining Ductile Iron Pipe and Fittings for Sewer Services Water Main Cut -In and Tie -In Installation Combination Air Valve Assemblies PVC Casing Pipe LIST OF DRAWINGS • 1. 2. 3. 4. 5 -10. 11. 12 -23. 24. 25. 26. 26A. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44 -44A. 45. 46. 47. COVER SHEET LEGEND, ABBREVIATIONS AND GENERAL NOTES QUANTITY SUMMARY, FORCE MAIN LAYOUT, HORIZONTAL AND VERTICAL CONTROL CONSTRUCTION SEQUENCE SUMMARY TCP BARRICADES, SIGNS AND DETOUR LAYOUTS (1 -6) TCP TYPICAL SECTIONS BC (1) - 07 THROUGH BC (12) -07 TCP(1 -1) -.98 TCP(2 -1) - 98 WZ(BRK) -03 LPCB (1) -92 PLAN AND PROFILE SHEET,- STA 0 +50 TO STA 6+00 PLAN AND PROFILE SHEET - STA 6 +00 TO STA 11 +50 PLAN AND PROFILE SHEET - STA 11 +50 TO STA 17 +00 PLAN AND PROFILE SHEET - STA 17 +00 TO STA 22 +50 PLAN AND PROFILE SHEET - STA 22 +50 TO STA 28 +10 PLAN AND PROFILE SHEET - STA 28 +10 TO STA 32 +96.60 OMITTED FORCE MAIN CROSS SECTIONS OMITTED OMITTED STANDARD DETAILS - PAVEMENT REPAIR, BACKFILL, GENERAL NOTES & CASING STANDARD DETAILS - SANITARY SEWER DETAILS STANDARD DETAILS - SANITARY SEWER DETAILS STANDARD DETAILS- SANITARY SEWER DETAILS OMITTED OMITTED STANDARD DETAILS - MISCELLANEOUS DETAILS STANDARD STANDARD STANDARD STANDARD DETAILS- DRIVEWAY DETAILS DETAILS -SW3P (1 OF 4) DETAILS -SW3P (2 OF 4) DETAILS -SW3P (3 OF 4) 48. STANDARD DETAILS--SW3P (4 OF 4) (1 (2 (3 OF OF OF 4) 4) 4) 48A. STANDARD DETAILS - PAVEMENT MARKINGS PM ( 1) -03 49 -61. OMITTED NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 CONSISTS OF REPLACING THE MCBRIDE LIFT STATION FORCE MAIN WITH APPROXIMATELY 2500 FT OF 18" FORCE MAIN TO INCLUDE. HORIZONTAL MICRO TUNNELIK1 WITHIN TXDOT ROW. THE LIMITS OF THE FORCE MAIN WILL BEGIN AT THE LOCATION OF THE EXISTING LIFT STATION AND END AT'APPROXIMATELY ERIN DRIVE. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on WEDNESDAY, MARCH 7, 2012, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre• -bid meeting is scheduled for 10 a..m., WEDNESDAY, FEBRUARY 29, 2012 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid pond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of FIFTY and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two we ks of bid date. Documents can be obtained by mail upon receipt of an additional ($15.00) 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 Daniel Biles, P.E. Interim Director of Engineering Services 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 MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4, Underground Hazard 5. Products /Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH. COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED •X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements X REQUIRED ❑ NOT REQUIRED D The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ➢ The name of the project must be listed under "description of operations" on each certificate of insurance. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 361 -880 -3500. NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page l of I l TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCG -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the projector- 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 govermnental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all exaaployees 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 front the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person . entitled to them by law; and (7) use the language contained in the.following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic -, Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population_ The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom, it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services 011 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 4of11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension . of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified nail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions," (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (13) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (1) 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 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) 'REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to ver& whether your employer has provided the required • coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(e)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate' j- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC-83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless ofwhether that person has employees_ This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notW' 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. 1L The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing- services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (b) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the Project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, MARCH 7, 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 - MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 Any proposals not physically in possession of the City Secretary's Office at the time and date of the bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City addreaa 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 the bid opening. A pre -bid meeting will be held on WEDNESDAY, FEBRUARY 29, 2012 beginning at 10 :00 A.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A -3 Description of Project MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 CONSISTS OF REPLACING THE MCBRIDE LIFT STATION FORCE MAIN WITH APPROXIMATELY 2500 FT OF 18" FORCE MAIN TO INCLUDE HORIZONTAL MICRO TUNNELING WITHIN TXDOT ROW. THE LIMITS OF TIIE FORCE MAIN WILL BEGIN AT THE LOCATION OF THE EXISTING LIFT STATION AND END AT APPROXIMATELY ERIN DRIVE. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Base Bid, or 2. Base Bid plus any one or more of the Additive Alternates 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 12/15/04) Page 1 of 23 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference McBride Lift Station Force Main Replacement Project No. 7287 as identified in the Proposal.) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement_ *In order to expedite the A /E's recommendations for award, Bidders are to provide the requested information with their Proposal. A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow the phasing plan as identified on the construction drawings. The working time for completion of the entire Project will be 200 Calendar days. Days Allocation for Rai: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 200 Calendar Days, as detailed elsewhere in the contract documents. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work, or after such time period as extended pursuant to other provisions of this Contract, $400.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimates the amount of liquidated damages due the City. "Allowance" for relocation of utilities is a reserve amount of funds that may become available for payments to the Contractor, at the City's discretion, if the extent of utility relocation work is exceeds the original scope of work Section A - SP (Revised 12/15/04) Page 2 of 23 A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore,' for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the. Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City, Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section E -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates.for Construction Type(s): Heavy In acc of conflict, Contractor ohall uac higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from Section A - SP (Revised 12/15/04) Page 3 of 23 all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, "Definition of Terms ", and Section B -7 -6, "Working Hours ".) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within, the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One -Call System DIG TESS at 1- 800 -344 -8377, the Lone Star Notification Company at 1 -800 -669 -8344, and Verizon Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed: City Engineer Pieject Engineer ARCADIS -US, INC. Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP S B C City Street Div. for Traffic Signal /Fiber Optic locate Cablevision ACSI (Fiber Optic) IQKC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 956 -728 -7292 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 1-877-373-4858 881 -2511 826 -1946 857 -5000 887 -9200 813 --1124 881 -5767 512 -935 -0958 972- 753 -4355 (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) (1 -800- 824- 4424,after hours) 826 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground drawings, the Contractor shall make t back in service to construct the work price. All such repairs must-conform that owns the utilities. utilities, whether shown or not shown in the he necessary repairs to place the utilities as intended at no increase in the Contract to the requirements of the company or agency Section A - SP (Revised 12/15/04) Page 4 of 23 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 the Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. 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 of suitable material on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the 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. payment will be made to Contractor. A -Z.4 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines 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 sewers is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and. fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items; therefore, no direct payment will be made to the Contractor. Section A - SP (Revised 12/15/04) Page 5 of 23 A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to the Contractor. A -17 Field Office (NOT USED) tcicphenc (with 24 hour per day an3wcring service) an4 FAX machine paid for by the Contractor. There i3 no separate pay item for the field officc. A -18 Schedule and Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet deadlines for completion of each .phase of construction shown in the construction documents. The working time for completion of the entire Project will be 200 calendar days. 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 for each phase. This plan must detail the schedule of work for each construction phase and shall be structured to meet all of the requirements specified in Section A -6 "Time of Completion /L,iquidated Damages ", and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The Contractor shall furnish a Construction Schedule. The plan must also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Section A - SP (Revised 12/15/04) Page 6 of 23 Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done tor the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) benchmarks, required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or benchmark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the State of Texas, retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference; • Curb and gutter flow line - both sides of street on a 200' interval; • Edge of pavement - both sides of street on a 200' interval.; • Street crowns on a 200' interval and at all intersections. Section A - SP (Revised 12/15/04) Page 7 of 23 Wastewater: • All rim /invcrt elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RIB permits). Water: • All top of valve boxes; • Valve vault rims; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must install two (2) Project signs as furnished by the City and as indicated in Attachment I. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Section A - SP (Revised 12/15/04) Page 8 of 23 Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract . payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 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: Section A - SP (Revised 12/15/04) Page 9 of 23 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 Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer_ The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) MOT USED) Inspection Division at thc various intervals of work for which a permit is required and to assure a final inspoetion after thc building in completed and r ady for required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (log) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (1M of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of Section A - SP (Revised 12/15/04) Page 10 of 23 $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued.! A -25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) ,section B 6 22, "Tax Exemption Provicion", is deleted in ito entirety and tho following cubctitutcd in lieu thereof. "Contracts for improvcmcnte to real property awarded by thc City of Corpus Chrioti do not qualify for cxcmptiono of Salcs, Excioc, and Ucc Taxco unlcoo the Contractor 3, Tax zldminiotration of Title 31, Public Finance of the Tcxaa Adm±niotrativc Code, or ouch other ruleo or rcgulationo ao may be promulgated by thc Comptroller of Public Accounts of Texas. If thc Contractor cicctc to operate under a ocparatcd contract, he shall: Charger" in thc proposal form the cost of materials phyci ally incorporated into the Project. 3. Provide resale ccrtificatca to oupplicro. Provide the City with copieo of material i eieee to substamtiate the pmeposal value of materials. If the Contractor doco not elect to operate under a oeparated contraet, he must pay for all Salcs, Excise, and Uoc Taxco applicable to this Project. complico with thc above rcquircmcnto. The- Contractor must certificate to the oubcontractor and thc subcontractor, in turn, iooueo a rooalo certificate to hio oupplicr." ioauc a resale A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts Administrator • 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 Section A - SP (Revised 12 /15/04) Page 11 of 23 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, 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 General Provisions, 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 Bui1dcr'a Rink or Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Buildcr'c Risk or Installation Floater coverage must be an "All Risk "form. Contractor must pay all costs necessary to procure such Builder' -sex Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial Section A - SP (Revised 12/15/04) Page 12 of 23 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 field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. 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 of the General Provisions. -A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -1 "Consideration of Contract ", add the following text: "Bidders [based on the 1.) Base Bid or Alternate Base Bid, or 2.) Base Bid or Alternate Base Bid with any one or more of the Additive Alternates subject to the availability of funds] must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or Section A - SP (Revised 12/15/04) Page 13 of 23 signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible; 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13 of the General Provisions; 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 Special Provision. A -28 concerning "Considerations for Contract Award and Execution" and Special Provision A-29 concerning "Contractorrs Field Administration Staff "; 10. Submit in letter forth, 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 I'Po1icy on Extra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -8 -5 "Policy on Extra Work and Change Orders ", the present text is deleted and replaced with the following: "Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council." A -32 Amended "Execution of Contract" Requirements U'nder "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 Section A - SP (Revised 12/15/04) Page 14 of 23 the signed Contracts to the Contractor." A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract Documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications, and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation "Standard Specifications for Construction of Highways, Streets and Bridges", ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special. Requirements (NOT USED) A_ Visitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his conducted by thc City Water Department Personnel. A Visitor /Contractor Cafcty for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to ?ttachmcnt 1. B. Operation of City Owned Equipment The Contractor shall not start, operate, C. rrotcction of Water Quality or stop any pump, meter, valve, equipment, The City must dclivec water of drinking quality to its customers at all times. The coordinate its work with the City Water Department to protect thc quality of thc water_ D. Conformity with 2'NSI /NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, contact with potable Standard Specifications. 1,r -ter, must eonform to Ameriean Natienal Standards compounds, coatings, er hydraulic equipment. These items must not be used unless by authorized City personnel immediately prior to use,, Section A - SP (Revised 12/15/04) Page 15 of 23 E. Handling and Disposal of Trash All trash gcncratcd by thc Contractor or his.cmploycca, agents, or Subcontractor -o trash daily. F. Contractor's person.nel must w ax colored uni€erm overalls other than orange, bluc, or white. Each cmploycc uniform must providc company name and individual H. Working hours will be 7:00 A.H. to 5:00 P.H., Monday thru Friday. own sanitary faciliticn. J. All Contraeter vehicles must bc parked at dcs3gnatcd site, as dcoignatcd by 1 Contractor vehicles muot bc clearly labeled with company name. No private cmploycc vchicic3 -arc allowed at 0. N. - tcveno Water by qualified- tech n4 al and oupervisory personnel, an determined by meeting tho modifications, additions, changca, selections, furnishing, iixatalling, connccting, ' -ing, dcbugging, calibrating, or placing in operatienl hardware and /or aoftwarc specified or rcquircd by thcoc opecificutionn. The- Contractor or his subcontraet..r r.ropes to per • 1. Ho- in regularly engaged in thc computer baacd monitoring and control oyotcm rcquircd in thin Contract on at lcast three prior projects. y Electrical Engineer to supervise or perform thc work required by thcoo spccifi ations. computers, RTZJC'3, and software prepoocd for the Contract. Section A - SP (Revised 12/15/04) Page 15 of 23 7.Hc shall turnioh equipment which io thc product of one manufacturer to the maximum practical extent. Whcrc this is not practical, all equipment of a given 8.Prior performance at thc 0. N. Ctevcns Water Treatment Plant will be uocd in • evaluating which Contractor or subcontractor programs thc new work for this Project. changoa made during thc programming phase. Thc attached sheet is an example and is not intended to show all of thc required ohccta. Thc Contractor will provido all programming block uacd. L. Trenching Requirements performed using a backhoc.or hand digging duc to the number of existing underground A -36 Other Submittals (Revised 9/1.8/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor .must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract Documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. g• i. Re- submittals: Contractor must revise and resubmit submittals as Section A - SP (Revised 12/15/04) Page 17 of 23 j• required by the City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, through 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 Standard or 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 ", Section 8 -6 -15 "Arrangement and Charge for Water Furnished by the City ", add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance MOT USED) A -40 Amendment to Section A -8 -6: "Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Section B -8 -6 "Partial Estimates" is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. 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 and the Contractor will be compensated at the unit price indicated in the proposal. Section A - SP (Revised 12/15/04) Page 18 of 23 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and /or jobs. A -43 Amended "Indemnification and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -6 -21 "Indemnification and 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 subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A -46 Disposal of Highly Chlorinated Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed Section A - SP (Revised 12/15/04) Page 19 of 23 the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. The Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatoocvcr on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') the area of proposed FORCE MAIN to identify conflicts, la*pelaes of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work at ea the proposed FORCE MAIN locations Project until all exploratory ex avations have been made in the entirety, the results thereof have been reported to the Engineer, and Contractor has received Engineer's approval of the report. Exploratory excavations shall not be paid for LUMP SUM separately, but ohall be considered subsidiary to item° that require cxc vationa. Any pavement repairs = _ = Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations.. A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully 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. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 Section A - SP (Revised 12/15/04) Page 20 of 23 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 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary sewer) and storm water lines and manholes AS DESCRIBED IN THE CONSTRUCTION DRAWING SEQUENCE OF CONSTRUCTION installed on this Project. All inspections shall be made in accordance with Standard Specification Section 027611 "Television Inspection of Conduits ". A -51 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts" Section. B -2 -7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer - generated print - out, in lieu of the Proposal Form (Pages 3 through 7, inclusive). The print -out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 7, inclusive). The print -out shall be substantially in the form shown on Attachment 11. If the bidder chooses to submit a print -out, the print-out shall be accompanied by properly completed Proposal Form pages 1, 2, and 8. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts." (Signature) (Title) (Date) A -52 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 12/15/04) Page 21 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: McBride Lift Station Force Main Replacement Project No. 7287 OWNER: City of Corpus Christi ENGINEER: ARCADXS -US, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 022022 Trench Safety Plan 022040 .Street Excavation 022420 Silt Fence Material/ Silt Fence Certification 023020 36" Diameter Steel Casing /Casing End Seals/ Casing Spacers /Temporary Special Shoring Design (Sealed by PE) 025220 Flexible Base Caliche 025404 Asphalts, Oils & Emulsions 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement. 025802 Temporary Traffic Controls /Traffic Control Plan 025805 026202 026206 026210 026214 026404 026411 027203 027205 027604 027611 Pavement Markings Hydrostatic Testing Reports Ductile Iron Pipe & Fittings PVC Pipe AWWA C900/C905 Grouting Mix Water Service Lateral Pipe & Fittings Gate Valves Vacuum Testing Reports Fiberglass Manholes & Misc Disposal of Waste Certificates Television Inspection Video and Reports Section A - SP (Revised 12/15/04) Page 22 of 23 030020 032020 Portland Cement Concrete 038000 Reinforcing Steel 055420 Concrete Structures T000164 Frames, Grates, Rings and Covers T000512 Seeding for Erosion Control T001301 Portable Concrete Traffic Barrier T01770 Contractor's Submittals T02864 Closeout Procedure T02900 Bypass Pumping /Pumps /Bypass Plan Asbestos Cement Pipe Plan /Disposal T26409 Certificates T26604 Water Main Cut -In and Tie -In Fittings & Misc T26608 Combination Air Valve Assemblies PVC Casing Pipe Section A - SP (Revised 12/15/04) Page 23 of 23 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 15TH day of MAY, 2012, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Bridges Specialties, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,593,083.67 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 (TOTAL BASE BID: $1,593,083.67) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 200 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 City Secretary APPROVED AS T LEGAL FORM: By: Asst. City Attorney (Note: if Person signing for corporation is, not President, attach copy of authorizaiian to sign) CITY OF CORPUS CHRISTI By: eklYcg--- 7071 Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Biles, P.E. Director of Engineering Services CONTRACTOR Bridges Specialties, inc. By: Title: 117 Stovall (Address) Sandia, TX 78383 (City) (State)(ZIP) 361/215-5141 * 361/547-1769 (Phone) (Fax) Page. 3 of 3 Rev. Jun -2010 kArxt'a-c9irsoniti, 5 SI MUNCH. some P R O P O S A L Place: r L Date: Proposal of ‘ e..C10Ak a Corporation organized and existing under the laws of the State of 1 NS OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO 7287 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Revised Proposal Form Addendum No 2 Attachment No. 1 Page 2 of 13 80 480 50 UNIT SY Iv Description [snit Price Total Pavement Repair (Concrete),in accordance with the specifications and drawings, complete and in place. Pavement Repair (Concrete Driveway) ,in SF accordance with the specifications and drawings, complete and in place. LF Pavement Repair (Curb & Gutter),in accordance with the specifications and drawings, complete and in place. 90 1 Temporary Traffic Controls,in accordance LS with the specifications and drawings, complete and in place. 1 V(6. /900 a 1t)C • 4,615 LF Abbreviated Pavement Markings (TYP I (Y) (4•) (DBL) (SLD),in accordance with the specifications and drawings, complete and in place. I/3, 5 18• Bends (45 degrees),in accordance with EA the specifications and drawings, complete and in place. 2 1B• Bends (22 1/2 degrees),in accordance EA with the specifications and drawings, complete and in place. I? 327 ic 2 18" Bends (11 1/4 degrees),in accordance EA with the specifications and drawings, complete and in place. 740, °° 3 EA 18- End Caps,in accordance with the specifications and drawings. complete and in place. 1 18° Tie In (Force Main),in accordance with EA the specifications and drawings, complete and in place. h 5 5 -2 9- 34V0 Revised Proposal Form Addeidum No. 2 Attachrnem No. 1 Page 4 of 13 BABE BID I II E II Iv Y► TT= QTY =IT Unit Description Price Total 1 _______ 1 LS Mobilization (12 %) (includes bond and accordance with the specifications and drawings, complete and in place. 1 LS Pre- Construction Exploratory Excavations,in accordance with the specifications and drawings, complete and in place. ; ?3 3 0.6 AC Site Clearing & Stripping,in accordance with the specifications and drawings, complete and in place. ff% 'C L.,%,,;...: 4 s e 00 4 2,620 LF Trench Safety (Force Flainl,in accordance with the specifications and drawings, complete and in place. r l: S ,� e e • � Ll 5 1 EA EA Trench Safety (Manhole),in accordance with the specifications and drawings, complete and in place. Trench Safety (Air Valve Manhole),in accordance with the specifications and drawings, complete and in place. 0 ' 3 ea 9.004,6° 6 4 7 4 EA Trench Safety (Bore Pit),in accordance with the specifications and drawings, complete and in place. OC .ap D - j 00 0 P 8 845 LF Silt Fence,in accordance with the specifications and drawings, complete and in place. f �5" 9 790 Jacking, Boring or Tunneling (36° Steel Casing),in accordance with the specifications and drawings, complete and in place. C I 111 10 2,494 SY Pavement Repair (Asphaltl,in accordance with the specifications and drawings, complete and in place. ,y r 67 3:t" Revised Proposal Form Addendum No. 2 Attachrnau No. 1 Page 3 of 13 rx 113 IV IT3M QTY UNIT 21 22 4 EA 1 EA poacription 23 1 EA 24 8° Bends (45 degrees),in accordance with the specifications and drawings, complete and in place. 8 °x8 °x8° Tee,in accordance with the specifications and drawings, complete and in place. Unit Pri na Total 6° Bends (45 degrees),in accordance with the specifications and drawings, complete and in place. 6° End Capin accordance with the 2 EA specifications and drawings. complete and in place. 25 18° WYE (18 °x18 "X18 °),in accordance with 2 EA the specifications and drawings. complete and in place_ 26 3,500 LF Grouting Abandoned Utility Lines (Existing 16° Force Main),in accordance with the specifications and drawings, complete and in place: ce 27 28 18° Gate Valve w/ Valve Box,in accordance 1 EA with the specifications and drawings, complete and in place. 8° Gate Valve w/ Valve Box,in accordance 2 EA with the specifications and drawings, complete and in place. dc m15, 29 30 80 LF 70 1LF Waterlines (6m PVC),in accordance with the specifications and drawings. complete and in place. Waterlines (8° PVC),in accordance with the specifications and drawings, complete and in place. /6 61 C9b , 0. av.5-cve Revised Proposal Fonts Addendum Na. 2 Attachment No. I Page 5 of 13 Revised Proposal Form Addendwn No. 2 Attachment No. 1 Page 6 of 13 II = III TV v ITEM QTY UEIT Unit Description Price Total 31 1 EA 2' Water Lateral,in accordance with the specifications and drawings, complete and in place_ - 9 50) 0 32 3,500 LF Sanitary Sewer Force Main (18' PVC),in accordance with the specifications and drawings, complete and in place. 1 ,r a)e i, 33 3 EA Air Release Valve (3' w /manhole),in accordance with the specifications and drawings, complete and in place.. / 428; ' 9 fIs�. ,; vo 34 1 EA Air Release Valve (3' w /manhole and vent pipe).in accordance with the specifications and drawings, complete and in place. /7/.7/7 fir} 35 1 EA Fiberglass Manhole (8', all depths),in accordance with the specifications and drawings, complete and in place. I Qgp/ ,r. /g '*7 0 co , 36 280 LF Portable Concrete Traffic Barrier,in accordance with the specifications and drawings, complete and in place. 37 9,500 SF Cellulose Fiber Mulch Seeding {Perm),in accordance with the specifications and drawings, complete and in place. '°$ ° FJ1° �J � 38 2 EA 6° Water Main Cut -In /Tie -In Installation,in accordance with the specifications and drawings, complete and in place. as q ;_., V 7 3D 39 2 EA 8° Water Main Cut --In /Tie -In Installation,in accordance with the specifications and drawings, complete and in place. 9C P V r 40 213 LF PVC Casing (36° diameter w/ end seals),in accordance with the specifications and drawings, complete and in place. 1 F O! tic A Revised Proposal Form Addendwn No. 2 Attachment No. 1 Page 6 of 13 ©1110E111 III unit p!!!! QT UNIT Description Price Tanta' 11111 i Construction Exits„in accordance with the specifications and drawings, complete and in place. 42 1 LS Gas Relocation Allowance.in accordance with the specifications and drawings. - te S15,000,00 S15.000 00 and in place. 43 I 1 Water Relocation Allowance,in accordance with the specifications and drawings, 515,000.00 000 .00 complete and in place. qq Removal. Transportation, and Disposal,in LS accordance with the specifications and drawings, complete and in place. lib, :1111111As.bestos 46 Abatement Work Plan,in accordance with the specifications and drawings, complete and in place. ' 75-414 - s --a 2 DO in place. III specifications and drawings, complete and r5 e° 47 FM- Tie- .ins,in accordance with the 1 LS specifications and drawings, complete and in place. co c TOTAL BABE DID (ITEMS 1 - Revised Proposal Form Addendum No. 2 Anachmcm No. 1 Page 7of13 g3'113 fr2, 1.)5-13,ays, 4,7 ALTERNATE BID ITEMS 1O. 1 - - Z — II III TV V ITEM QTT UNIT Unit Description Price Total 100 560 LF Pipe Bursting (22 -Inch Pipe) (From Station 1 +00 to 6 +50),in accordance with the specifications and drawings, complete and � g '- �� in place.` �• �0 67 c 101 1 LS By -Pass Pumping,in accordance with the specifications and drawings, complete aad in place. ] 5q x.. / . c � j' 102 -0.12 AC Site Clearing & Stripping,in accordance with the specifications and drawings, 5009e6 6 69ii complete and in place. (� 103 -560 LF Trench Safety (Force Main),in accordance with the specifications and drawings, f complete and in place. 6 104 -70 LF Silt Fence,in accordance with the specifications and drawings, complete and �°L� in place. t -7,r `� 7 105 -550 LF Abbreviated Pavement Markings ('TYP 1 (Y) (4') (DBL) (SLD),in accordance with the - specifications and drawings, complete and IC I in place. s�4 106 -560 LF Grouting Abandoned Utility Lines (Existing 16" Force Main),in accordance with the specifications and drawings, complete and 575.-4 5— ' R 1 / �f- in place. 107 -560 LF Sanitary Sewer Force Main (181 PVC), in accordance with the specifications and drawings, complete and in place. C) C-O '•� 4y° 108 -44 LF PVC Casing (36' diameter w/ end seals),in accordance with the specifications and drawings, complete and in place. , le 1 Ci -?6i TOTAL ALTERNATE BID ITEMS NO 1 (ITEMS 100 -108) $ :J Revised Proposal Form Addendum No. 2 Attachment No. 1 Page 8 of 13 ALTERNATE BID ITEMS NO. 2 IMIIEEIIIIIIIMIIIIIIIIIMIIIIIEEEIIIMIIIIIIIIIIIM 9IQTY OMIT Description Di t - Price 200 1,666 LF Pipe Bursting (22 -Inch Pipe) (From Station 16 +30 to 32 +20),in accordance with the specifications and drawings, complete and in place. - 9 `,7 Olt - 73 201 LS By -Pass Pumping,in accordance with the specifications and drawings, complete and in place. / g i '64 202 { -0.36 Site Clearing & Stripping,in accordance with the specifications and drawings, complete and in place. 000,. v 203 LF Trench safety (Force Main),in accordance with the specifications and drawings,�11 complete and in place.✓C7'& 204 -190 LF Silt Fence,in accordance with the specifications and drawings, complete and in place. � - 7 205 -1,600 Abbreviated Pavement Markings (TYP I (Y) (4') (DEL) (SLD),in accordance with the specifications and drawings, complete-and in place. 5 ■ / i /R e ') 7 1 206 -1,656 LF Grouting Abandoned Utility Lines (Existing 16' Force Main),in accordance with the specifications and drawings, complete and in place. '! ! /3 577, 207 -1,666 LF Sanitary Sewer Force Main (18' PVC),in accordance with the specifications and drawings, complete and in place. d 208 LF PVC Casing (36' diameter w/ end seals),in accordance with the specifications and drawings, complete and in place �g . / 1- 9 5)--x TOTAL ALTERNATE SID ITEMS NO. 2 (ITEMS 200 -208) $ Revised Proposal Form Addendum No. 2 Attachment No. 1 Page 9 of 13 3 ALTSBwLTE BID STENB MO. 3 TOTAL ALTIANATE BID ITWlB 310. 3 (!TRMB 300 -303) $ /15•-q37 o 83 61 I& TOTAL BASE BID $ TOTAL ALTERIO►TE SID ITi M9 KO. a 1 1, TOTAL ? ■ . 2 $ '0453,$° TERNATE BID ITS= O. 3 $ J /6%4/ 6 % 011 Frnim Addendum No. 2 Attachment P10 1 Page 10 of 13 xx III xV y ITm[ QTY UNIT Description t Price Total 300 790 LF Jacking, Boring or Tunneling 124° Steel Casing),in accordance with the specifications and drawings, complete and in place_ 301 790 LF Sanitary Sewer Force Main 118° FPVC),in accordance with the specifications and drawings, complete and in place. 1 302 -790 LF Jacking, Boring or Tunneling 136' Steel Caeing),in accordance with the specifications and drawings, complete and in place. 303 -790 LF Sanitary Sewer Force Main {1B° PVC),in accordance with the specifications and drawings, complete and in place. TOTAL ALTIANATE BID ITWlB 310. 3 (!TRMB 300 -303) $ /15•-q37 o 83 61 I& TOTAL BASE BID $ TOTAL ALTERIO►TE SID ITi M9 KO. a 1 1, TOTAL ? ■ . 2 $ '0453,$° TERNATE BID ITS= O. 3 $ J /6%4/ 6 % 011 Frnim Addendum No. 2 Attachment P10 1 Page 10 of 13 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participations 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 ntract and a its dollar value for bid evaluation work to be ion purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 200 calendar days 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 stun or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): di Respectfully s mitted: Name :� fie, By: i:O-;oon ��o (SEAL - IF BIDDER IS (SIGI�IATQRL'�ro�� a Corporation) Address: \ V ? ( O. Box), (Street) (City ) (Stae) . (Zip) Telephone: '1)...„\,S-S141 NOTE: Do not detach hid from other papers. Fill in with ink and submit complete with a tt@arsluirlgers. 0 SES r 4; a"0P 011* otZ, m ® a 0' ® m ~.. a m s 0 m Revised Proposal Form Addendum No- 2 Attachment No 1 Page 11 of 13 (Revised August 2000) PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: BOND No. 4387064 That Bridges Specialties, Inc. of the City of Sandia , County of Jim Wells , and State of Texas , as principal ( "Principal "), and SureTec Insurance 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 ONE MILLION, FIVE HUNDRED NINETY -THREE THOUSAND, EIGHTY -THREE AND 671100 U.S. Dollars ($ 1,593,083.67 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 15TH of MAY , 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: MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 (TOTAL BASE BID: $1,593,083.67) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and /or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be 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 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 5th day of June 2012. PRINCIPAL Bridges Specialties, Inc. Title: ATTEST J -ir Secret. ry Address: 117 Stovall Sandia, TX 78383 (Rev. Date May 2011) SURETY Address: 2255 Ridge Road, Ste. 333 Rockwall, TX 75087 Telephone: 972/ 772 -7220 Fax: 972/ 771 -4695 E -Mail: mbeckAkandsins.corn 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: care Boyd Agency: K &S Insurance A _gency Address: 1814 Holly Rd., Ste. B (Physical Street Address) Corpus Christi, TX 78417 (City) (State) (Zip) Telephone: 361 - 949 -4637 E -Mail: gboyd@kandsins.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 Performance Bond must not be prior to date of contract, END (Rev. Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS § BOND No. 4387064 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Bridges Specialties, Inc. of the City of .Sandia _,, County of Jim Wells , and State of Texas , as principal ( "Principal "), _ and SureTec Insurance Company , a 'solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE MILLION, FIVE HUNDRED NINETY -THREE THOUSAND, EIGHTY -THREE AND 67/100 U.S. Dollars ($ 1,593,083.67 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 - day of 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: MCBRIDE LIFT STATION FORCE MAIN REPLACEMENT PROJECT NO. 7287 (TOTAL BASE BID: $1,593,083.67) 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 5th day of June , 2012. PRINCIPAL By: Bridges Specialties, Inc. Title: Address: 117 Stovall SURETY. SureTec Insurance Company By: Attorney -in -fact Mistie Beck % u ' Address: 2255 Ridge Rd., Ste. 333 Sandia, TX 78383 Rockwall, TX 75087 Rev. Date May 2011 Telephone: 9721 772 -7220 Fax: • 9721 771-4695 E -Mail: mbeck(,kandsins.com Payment 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: Gary Boyd Agency: K &S Insurance Agency Address: 1814 Holly Rd., Ste. B (Physical Street Address) Corpus Christi, TX 78417 (City) (State) (Zip) Telephone: 361- 949 -4637 E -Mail: gboyd @kandsins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached. hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 POA #: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint 1. Richard W. Daiker, Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, April Terbay, Mistie Beck its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as, if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force_until 12/3112014 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices, and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to,be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010: n1.1Aumy suRAN66, Nc 0 By: / State of Texas ss; County of Harris -- " On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. SURETEC INS CE C ! PANY John resident Ay p� �,..•a�a, JACQUElYt3 MAtpONADO Notary Public, State of Texas MyCammission Expires ''111) ���c` May 18, 2013 a +�� N Meg ely altAo, Notary Public vJy comet slob. s May 18, 2013 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of c J'JL , 'LC7 CZ , A.D. M. Brent Beaty, Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call {713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1 -866- 732 - 0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1- 800 -252 -3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714 -9104 Fax #: 512- 475 -1771 Web: http: / /www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. AIrvrh:. City of Corpus Chrssti SUPPLER NUMBER ASGN DV IBY O cr CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question Is not •applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: . CS S r -A'k‘¢ e . „c \1 .1- \\ P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation ' 4. Association ❑ CITY: L t(.S6\ 2. Partnership ❑ 5. Other ❑ ZIP: 3.So1e Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 17" 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus 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 Revised Proposal Form Addendum No 2 Attachment No. 1 Page 12 of 13 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the C official employee or body that has been requested to act in the matter, unless the Interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. 'Ethics Ordinance Section 2449 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Typo or Print) Signature of Certifying Person: : Title: 6 DEFINITIONS Date: i a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that Interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City. of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or 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 entitles 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 agreements." ,Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 9. Revised Proposal Form Addendum No. 2 Attachment No, 1 Page 13 of 13 ACC-PRO CERTIFICATE OF LIABILITY INSURANCE • DATE IMM/DDIYYYY) 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: Ifthe 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 Iieu of such endorsement(s). - PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 • Rockwall TX 75087 NCOAMEACT Debrah Cherry fAHGNNo. Ext1: (972) 771 -4071 IJAA1c, Nol: (972) 771 -4695 E-llA SS: er � dch @kandsins.com ADDRE INSURER(S) AFFORDING COVERAGE NAIC # 0443 _ INSURER A :Continental Casualty Insurance INSURED Bridges Specialties, Inc. 117 Stovall St. Sandia' TX 78383 INSURERS :Valley Forge Insurance Co. 120508 INSURER C :Travelers Insurance 0WH640 INSURER D • INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:12 /13 Std w /Installation REVISION NUMBER: THIS IS. TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTAND1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURE ADDL INSR SUBR 4WD POLICY NUMBER YNS5084350742 G140331c 10/10 CG2404 5/09 POLICY EFF JMM /DDIYYYYL(MM 5/10/2012 POLICY EXP /DD/YYYyl. 5/10/2013 LIMITS A GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 $ 50,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS -MADE © OCCUR MED EXP (Any one person) $ X Additional Insured PERSONAL BADVINJURY $ 1,000,000 X Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000 GEM-AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY 171 238 I JeOC $ AUTOMOBILE LIABILITY fl1rg BUA5084350742 CA2048 2/99, CA0444 3/10 5/10/2012 5/10/2013 COMBINED SINGLE LIMIT (Ea accidents $ 1,000,000 $ A X ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS HIRED AUTOS — — SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined $ . 1,000 000 A X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE CU1)5084350787 5/10/2012 4, 5/10/2013 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ DED RETENTION$ i $ 13 WORKERS COMPENSATION V AND EMPLOYERS' LIABILITY Y / N WC5084350756 9(C420304A 1/00 /00 5/10/2012 5/10/2013 WC STATU- X I TORY LIMITS I OT H- FR ANY OFFICER/MEMBER EXCLUDED? N /A EL EACH ACCIDENT $ 1,000,000 $ 1,000,000 5 1,000,000 (Mandatory E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT C AA Installation Floater QT6603219R740- TLC -12 1/12/2012 1/12/3 Policy limit 1,, 350,000 Any one project 150 , 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project: McBridge Llft Station Force Main Replacement - Project No. 7287 General liability and auto policies include blanket additional insured (includes written contract requirements) per endorsement forms listed above. General liability, auto and workers compensation policies include blanket - waiver of subrogation (includes written contract requirement) per endorsement forms listed above. General Liability additional insured endorsement includes primary and non - contributory provisions and applies to ongoing and completed operations (includes written contract requirements). CANCELLATION City of Corpus Christi Department of Engineering Services Attn: Contract Administrator AO Box 9277 Corpus Christi, TX 78469 -9277 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 R Daiker -1 /DEBBIE ACORD 25 (2010105) 1NS025 (201005) 01 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 Policy #QT660321VR740- TLC -12 COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, BLANKET LOSS PAYEES This endorsement modifies Insurance provided tinder the IM PAK COVERAGE FORM, The following Is added to Section E -- ADDITIONAL COVERAGE CONDITIONS: Loss Payable Provision In the event of a Covered Cause of Loss to Covered Property In which both you and a Loss Payee share an Insurable interest, we will: a. Adjust the loss or damage with you and. b. Pay any claim for loss or damage jointly to you and the Loss Payee as your Interests tnay ap- pear. This endorsement applies to all Covered Property for which a Loss Payee Is on file with tis or your Insur- ance agent or insurance broker. CM f8 60 01 10 ® .00a The Travelers inrietinity Company Page 1 of 1 includes copyrighted malerief of Insurance Seri/loos Ofiloe, Ino, with its permission, 000800 POLICY NUMBER: (p-660- 3210790- 11,c -12 ISSUE DATE: 01- 13.32 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED ENTITY - NOTICE OF CANCELLAT1ON/NONRENEWAL PROVIDED BY US This endorsement Modifies Insurance provided under the following: ALL COVERAGE; PARTS INCLUDED IN THIS POLICY SC 191Th1E Number of Days Notice of Cancellation: 39 Number of Days Notioe of Nonrenewal: 30 CANCELLATION: NONRENEWAL: PERSON OR ORGANIZATION: MT OF CORFU OtlitX0iPX ADDRESS: 1201 LEOPARD MEM COFiPtTS CRRXBTX,TX 70401 PROVISIONS: A. If we cancel this policy for any statutorily permit• tad reason other than nonpayment of premium, and a number of days Is shown for cancellation in the schedule above, we will mall notice of cancel- lation to the person or organization shown In the schedule above. We will mail such notice to the address shown In the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days Is shown for nonrenewal in the schedule above, we will matt notice of the nonronewai tc the person or organization shown in the schedule above. We will mall such notice to the address shown in the schedule above at least the number of days Shown for nonrenewal in the schedule above be• fore the explralton date,. IL T4 00 12 00 • 02009 Tho Travelers indemnity Company Page 1 of 1 1111 11IO11R11 1111111111D111111I111E cNA Policy 4/INS5084350742 0- 140331 -C {Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, LANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by 'written contract" par Paragraph A. below.) Locations of Covered Operattons (As per the 'written contract," provided the location Is within the 'coverage territory' of this Coverage Part.) A. Section 11 Who is An Insured is amended to Include as an additional Insured; 1. Any person or organization whom you are required by 'written contract' to add as an additional Insured an this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The Insurance provided to the additional Insured Is limited as follows: 1. The person or organization Is an additional insured only with respect to liability for 'bodily injury," 'property damage,` or `personal and- advertising Injury" caused in whole or in part by: a. Your acts or omissions; or b. The eels or omissions of those acting on your behalf In the performance of your ongoing operations specified in the `written contract "; or o. Your worts" that is specified in the 'written contract" but only for 'bodily Injury' or "property damage° included In the 'products - completed operations hazard,' and only it: (1) The 'written contract' requires you to provide the additional Insured such coverage; and (2) This Coverage Part provides such coverage. 0- 140331 -C (Ed. 10110) 2. We will not provide the additional Insured any broader coverage or any higher limit of Insurance than the feast that is: o. Required by the 'written contract ; b. Described in 13.1. above; or c. Afforded to you under this pofloy. 3. This Insurance Is excess of all other Insurance available to the additional Insured whether on a primary., excess, conlingent or any other basis, But If required by the 'written contract," this insurance will be primary and non - contributory relative to Insurance on which the additional Insured Is a Named insured. 4. The insurance provided to the additional insured does not apply to "bodily Injury,` °property damage,' or "personal and advertising Injury arising out of: a. The rendering of, or the failure 10 render, any professional architectural, engineering, or surveying services, including; (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, Inspection, architectural or engineering activities; or includes copyrighted material of insurance services Office, Inc., with 118 permission Page 1 of 2 b. Any premises or work for which the additional insured Is specifically fisted as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: 1. The Dulles In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional Insured under this endorsement will as soon as practicable: (1) Give us written notice of an °occurrence' or an offense which may result in a claim or 'suit' under this Insurance, and of any claim or 'suit' that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Pad; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the Investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and Indemnity of any claim or `suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the 'written contract' requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured Is a Named insured, G- 140331 -c (Ed. 10/10) G- 140331 -C (Ed.10110) We have no duty to defend or Indemnify an additional insured under this endorsement until we receive from the additional Insured written notice of a claim or 'suit." 2. With respect only to the Insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition Is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This Insurance is primary and non- contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. D. Only for the purpose of the Insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: • 'Written contract' means a written contract or written agreement that requires you to make a person or organization an additional Insured on this Coverage Part, provided the contract or agreement: 1, Is currently in effect or becomes effeotive during the term of this policy; and 2. Was executed prior to: a. The 'bodily injury° or 'property damage'; or b The offense that caused the 'personas and advertising Injury° for which the additional insured seeks coverage under this Coverage Part. Includes copyrighted material o! Insurance Services office, Inc., Ldlh its permission Page 2 of 2 POLICY NUMBER: 1N85084350742 COMMERCIAL GENERAL LIABILITY CG24040509 /WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOaE BEHALF YOU APE REQUIRED TO OBTAIN THIS WAIVER RIGHT TO RECOVER . FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule[( not shown above, will be shown in the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or S damage arising out of your ongoing operations or 'your wore done under a contract wIlh that person or organization and Included in the 'products - completed operations hazard,' This waiver applies only to the person or organization shown In the Module above, 1 v MMEM CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: �aUASOt3435o742 COMMERCIAL. AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED Thls endorsement modifies Insurance provided under the following: / BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FOAM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless_ modified by this endorsement, This endorsement Identifies person(s) or organizatton(s) who are "Insureds" under the Who Is An Insured Provision of the Coverage Form, This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception dale of the policy unless another date is indicated below, Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(a) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO ADD AS AN ADDI'T'IONAL INSURED ON THIS POLICY UNDER WRITTEN CONTRACT OR AGREEMENT. (It no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule Is an "Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "Insured' under the Who is An insured Provision contained in Section II of the Coverage Form. CA 20 40 02 99 Copyright, insurance Services Office, Inc., 1908 Page 1 of 1 1111111111111111111111111111111111 NM I POLICY NUMBER: BUA5084350742 COMMBRCJALAUTO CA 04 44 0310 / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. `/ WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) T Is 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 Fonn 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. SCHEDULE Name(s) of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER PROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, II not shown above, will be shown In the Declarations, The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organlzalfon(s) shown In the Schedule, but only to the extent that subrogation is waived prior lo the °accident' or the 'foss" under a contract with that person or organization. CA 04 44 0310 Copyright, Insurance Services Office, lnc., 2009 Page 1 of 1 POLICY NUMBER: FNS5084350742 COMMERCIAL GENERAL LIABILITY Co 02057204 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; , COMMERCIAL GENERAL LIABILITY COVERAGE FART LIQUOR LIABILITY COVERAGE PART j 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 mall prior written notice of cancellation or materlai change to SCHEDULE 1. Name: PER SCHEDULE ON FILE WITH CoMEANY 2, Address: 3. Number of days advance not :030 Information required to complete 1 le, If not shown above, wilt be shown In the Deofaralions. CG 02 05 12 04 Copyright, ISO Properties, Inc,, 2003 Page 1 of 1 CNA Policy #SUA5084350742 G-800860 -A (Ed. 08 /08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL CHANGE l endorsement modifies Insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement ohanges the policy effective on the Inception date of the policy unless another date Is indicated below: Countersigned by (Authorized Representative) In the event of cancellation or material change that reduces or restricts the Insurance afforded by this Coverage Part, we agree to malt prior written notice of cancellation or material change to: /1 `L NLIM r of days advance notice: 1 1 1Iillu NE11llhJ1u0011111L UIllll 030 2. Name: PRR SCHEDULE ON FILE WITH COMPANY 3. Address: G- 800660 -A (Ed. 06108) SCHEDULE Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy #WC5084350756 - TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas Is shown In Item 3.A. of the information Page. In the event of cancellation or other material change of the policy, we will mall advance notice to the person or organization named in the Schedule. The number of days advance notice Is shown In the Schedule, Thls endorsement shall not operate directly or indirectly to benefit anyone not named In the Schedule. WC 42 08 01 (Ed. 7-84) Schedule 1. Number of days advance notice(t 30 2. Notice will be mailed to; PER SCHEDULE ON FILE WITH COMPANY This endorsement changes the policy to which ft is attached and is effective on the dale issued unless otherwise stated. (The Information below fs required only when this eridoreement is Issued subsequent to preparation of the policy.) Endorsement Effeotive Policy No. Endorsement too. Insured Premlum $ Insurance Company Countersigned by WC 42 06 01 (Ed. 7-84) • v WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A (Ed. 1-00) Policy I/WC5084350756 / - 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. Wo 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 directiy or indirectly to benefit anyone not named In the Schedule, The premium for this endorsement Is shown In the Schedule. Schedule 1. ( }Specific Waiver Name of person or organization (x }Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations; ALL TEXAS LOCATIONS AND OPERATIONS . 3. Premium The premium charge for this endorsement shall be 2 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 SsE SCHD This endorsement changes the policy to which It Is attached and Is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. insured Premium $ Insurance Company Countersigned by WC 42 03 04 A (Ed. 1 -00)