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HomeMy WebLinkAboutC2012-427 - 12/11/2012 - Approved(Revised 7 /5/00) OSO EFFLUENT REUSE DISTRIBUTION SYSTEM — PHASE I PROJECT NO. E10135 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 8/2008) 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 F4 :e•' d Offiee (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control 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Policy .(Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 surety Bonds 2�-26 Sales Tam Ememptien NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A--31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A--34 Precedence of Contract Documents (RIOT 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-- Eert}fleate -ef Geeupaney and Final Aeeeptan (NOT USED) A -40 Amendment to Section B -8--6: Partial Estimates (NOT USED) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) 4 7 Pr -.Ge s et n- -�,. I ..te E (n it inn) .� � . y �... ..via u�. a_i ..sa �-r A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A -50 Technical Special Provisions A -51 Contaminated Soils A--52 Fences A -53 Protection of Public and Private Property A -54 Security A -55 Access Roads A -56 Parking A -57 Amended "Prosecution and Progress" A -58 Noise Control A -59 Dust Control A -60 Temporary Drainage Provisions A -61 Dewatering ATTACHMENT I - Project Sign TECHNICAL SPECIAL PROVISIONS (NOT USED) PART B - GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS 1E20 _ Storm Water Pollution Prevention 2A3[1] - Clearing, Grubbing and Stripping 2A4[1] - Removing Existing Concrete and Structures 2B3[l] - Pipe Trench Excavation and Backfill 2Bll[5] - Boring and Casing Roadways and Railroads 2B16[1] - Installing Utility Conduits by Guided Boring 2F1[l] - Reinforced Concrete Pipe 2F3[1] - Installation of Reinforced Concrete Pipe 2F4[l] Storm Sewer Manholes 2G1[7] - Polyvinyl Chloride Pipe and Fittings for Water Lines and Force Mains 2G2[5] - Ductile Iron Pipe and Fittings (Force Mains) 2G8[l] - Gate Valves For Potable Water Lines 2G10[l] - Installation of Pressure Pipe 2Gll[l] - Installation of Water Pipe 2G12[1] - Hydrostatic Testing,of Pressure Systems 2G14[2] - Polyvinyl Chloride Pipe and Fittings for Sewer Lines (SDR 26) 2G15[1] - Installation of PVC, Sewer Pipe 2G18[7] - Combination Air Release and Air /Vacuum valve (Wastewater Service) 2G27[l] - Adjustment of Utilities 2H1[6] - Flexible Base l 2H17[1] Removing and Replacing Pavement, Curb and Gutter, Driveways & Sidewalk 2J4[3] - Hydromulch Seeding 3AI[11 - Concrete Formwork Scope 3B1[1] - Concrete Reinforcement Scope 3C1[l] - Normal Weight Aggregate Concrete 304[1] - Concrete Structures LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND 1 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Oso Effluent Reuse Distribution system - Phase I Rebid, Project No. '810135 consists of new 16" and 10" PVC and fused PVC Force mains, pumps, tanks, directional boring, driveway repairs and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. will be received at the City Secretary's Office until 2:00 p.m. on Wednesday, September 5, 2012,and then publicly opened and read. Any bid received after closing time will be returned unopened. No pre -bid meeting will be held. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and-payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Interim Director of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/04 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 MINIMf)M INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises —Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY- -OWNED NON - OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED . WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ discharge; to include long -term REQUIRED environmental impact for the disposal of 0 NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED D NOT REQUIRED INSTALLATION FLOATER See-Section B -6 -11 and Supplemental Insurance Requirements REQUIRED ❑ NOT REQUIRED Page 1 of 2 ❑The City of Corpus Christi must -be named as an additional insured on all coverages except worker's compensation liability coverage. ❑The name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the-other endorsements to insurance policies or coverages which are specified in section B- 6--11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS -. 8 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage . agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 446, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) --With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that tht 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 I for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -" of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed: with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of I 1 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period,'a new certificate, of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (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 T28S110. 1 10(4)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons. providing, hauling, or delivering equipment or materials, or providing lahor 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 requirementfor coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("cent f cote'}- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC - -81, TWCC- 82, TWCC 83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office .supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and f ling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 40.1.0.11(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 (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, §46). (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 BRI 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 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services. on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior -to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the Provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing-services J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Page 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 breachfrom the governmental entity. Page 11 of 11 SECTION A SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, September 5, 2012. Proposals mailed should be addressed in the following manner: City Secretary's Office City Seer ..t. vy's offfie - City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -- OSO EFFLUENT REUSE DISTRIBUTION SYSTEM - PHASE I PROJECT NO. B10135 Anv Vroyaosals not physically its possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of az proposal, by the pzw6ser, their agent/representative, U.S. Mail, or other delivery service, to any Cit address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening._ T No Pre -bid meeting will be held. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of new 16" and 10n PVC and fused PVC Force mains, pumps, tanks, directional boring , driveway repairs and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid (Part A to D) 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. Explanation of Measurement and Payment 1. Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insurance required by the Contract Documents. One hundred percent of this item will be due on the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. 2. Force Main; This item shall be measured by the linear foot of force main installed. It shall include: Section A - SP (Revised 9118100) Page 1 of 27 a. Excavation b. Pipe c. Pipe embedment and compaction . d. Backfill and compaction e. Hydrostatic testing f. Any item required to complete the work not listed in another item. 3. Ductile Iron Fittings: This item shall be measured by each item installed. It shall include, but not be limited to: a. Installation of each fitting b. Polyethylene protective wrap c. Backfill and compaction d. Testing e. Any item required to complete the work not listed in another item. 4. Combination Air Release Valve: This item shall be measured by each air release valve installed. This item includes but is not limited to the following: a. Furnishing and installing the air release valve specified including fittings. b. Furnish and install 5' diameter fiberglass manhole. c. Furnish and install manhole ring and cover and concrete apron. .d. Any item required to complete the work not listed in another item. 5. Pavement ReiDair: This item shall be measured by each air release valve installed. This item Includes but is not limited to the following: a. Saw cutting existing pavement. b. Providing and installing base material. c. Providing and installing new hot mix asphaltic concrete pavement including compaction. d. Any item required to complete the work not listed in another item. 6. Remove and Replace Sidewalk: This item shall be measured by the square foot of new concrete walk installed. This item includes but is not limited to the following work: a. Saw cutting and removal of existing sidewalk. b. Furnishing any excavation or compaction required. c. Furnishing and installing all dowels, reinforcing steel, forms and other materials required, including doweling into existing sidewalk. d. Furnishing, placing, consolidating and finishing concrete. e. Furnishing and placing curing compound as directed. 7. Bore and Jack: This item shall be measured by the linear foot. This item includes but is not limited to the following work: a. Providing and installing casing material in the size specified by plans. b. Providing and installing casing spacers and end seals. c. Any item required to complete the work not listed in another item. 8. Guided Boring: This item shall be measured by the linear foot. This item includes but is not limited to the following work: a. Drilling under and around existing infrastructure as directed by the construction plans. b. Providing drilling equipment and qualified operator. c. Providing equipment necessary for fusing PVC pipe. d. Any item required to complete the work not listed in another item. 9. Brush Clearing: This item shall be measured as a Lump Sum and include the following: a. Clearing as required to install force main Section A - SP (Revised 9/18/00) Page. 2 of 27 b. Disposal of debris. 10. Trench Safety: Trench Safety shall be measured by the linear foot for all trenches over 5' deep and shall include the cost to provide trench safety as set out in Subsection 2B(3). 11. Re- vegetation /Sodding: This item shall be measured as a Lump Sum to re- vegetate disturbed areas and include.but not limited to the following: c. Seeding d. Watering as necessary e. Reseeding as required to achieve specified coverage. 12. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 13. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Oso Effluent Reuse Distribution gyntem - Phase = Proiect No. E10135 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the project shall be split into two phases. The first is the completion of lines "A" and "B" and the Corpus Christi Country Club Discharge Station. This phase shall be completed within 150 calendar days. Once the first phase is completed, the contractor may focus efforts and resources on the remainder of the project. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Section A - SP (Revised 9/38/00) Page 3 of 27 This project is essentially a construction contract for a period of 150 calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre - construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to-proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $800 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 Workers Compensation insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section &-2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. Section A - SP (Revised 9/16/00) Page 4 of 27 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction► shall apply. in -wage— rates , the higheLc of tae ., h . steal - i Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project.. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooveration with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with .facilities operating. within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800- 669 -8344, and the Verizon Dig Alert at 1- 800 -483 -6279. For the Contractors convenience, the following telephone numbers are listed. City Engineer Project Engineer, Consultant - Urban Engineering Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC / A T & T Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Faber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) 826 -3500 826 --3500 854 -3101 Rhodes "Chip"Urban, P.E,., 826 -3540 886 -2600 826 -1881 (826 -1888 after hours) 826 -1800 (826 -1818 after hours) 885 -6900 (885 -6913 after hours) 826 -1875 (826 -3140 after hours) 826 -3461 826 -1940 1- 877/373 -4858 881 -2511 (1 -800 -824 -4424, after 826 -1946 826 -3547 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800- 724 -3624 225/214 -1169 (225/229 -3202 (M) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972/753-4355' R.P.L.S. hours) Section A - SP (Revised 9/18/00) Page 5 of 27 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records,'etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and co leteness of such information is not guarantee d. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or Plumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will 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. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Rqui pment S ilia a and Trackin The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at.the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No Section A - SP (Revised 9118100) Page 6 of 27 visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. 'FClean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salva a of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USED) A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. 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. B. Once a_Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial. Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: Section A - SP (Revised 9118100) Page 7 of 27 a. The schedule of construction shall be structured to meet all requirements of Section A -6 °Time of Completion" and as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that. when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the owner will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. Contractor shall be aware of other construction projects occurring in the area, such as the Downtown Drainage Improvements Phase S Project A New Interceptors .and Inlets (along Water St.) and Seawall Reconstruction project, and coordinate scheduling, traffic control, maintenance of services and street access with the other Contractors. e. 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 Proiect Layout and Control The drawings may depict but not necessary include lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout will be provided by the City or Consultant Project Engineer. The Contractor will furnish all lines, slopes and measurements for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, 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 bench marks 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. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work_ The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land 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 SeotiOn A - SP (Revised 9/18/00) Page 8 of 27 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: s Wastewater: and flow line; RR uermits Water: Vaiv u is easing elevatiens (tep 99 pipe and 91-w liR6) (T309T 6=11d RR PeEmit84--- Storm Water: A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory. testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. SCHEDULE OF TESTING BY THE CITY: 1. Embedment, Fill and Backfill Laboratory Testing: (1) Gradation............ ... ................ 4 Ea. (2) Moisture - Density Relationship ............... 5 Ea. (3) In -Place Density Tests....... ............... 300 Ea. 2. Concrete Laboratory Testing: (1) Mix Design: One for each class of concrete. (2) Concrete Cylinders: (1 set is 3 cylinders) a) Cast -In -Place Box Culvert... ................ 12 Sets b) Grated Box Culvert ............................ 8 Sets d) Junction Box ... ............................... 4 Sets e) Grate Inlets .................................. 4 Sets f) Concrete Pavement ............................. 4 Sets g) Balustrade ..... ............................... 6 Sets 3. Flexible Base Course (See Subsection 025220) Laboratory Testing: (1) Moisture - Density Relationship Proctor Curve) .............................. 5 Ea. (2) in -Place Density Tests ...................... 15 Ea. 6. Hot Mix Asphaltic Concrete Pavement (See Subsection 025424) Laboratory Testing: Section A - SP (Revised 9118100) Page 9 of 27 (1) Extraction Test ............................. 1 Ea. (2) stability and Laboratory Density............ 1 Ea. (3) Field Density 20 Ea. SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm "s laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A -21 Project Signs The Contractor must furnish and install 2 Project signs as indicated on Attachment No. 1. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10 /9s) 1. Po_ licy 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. Section A - SP (Revised 9/18/00) Page 10 of 27 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 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 persons) 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 51.05.1- 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 25.09s 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 Section A - SP (Revised 9/18/00) Page 11 of 27 4. work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (percent) Participation (Percent) 45� 15� b. These goals are applicable to all the construction work (regardless.of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, ,substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Req -diced (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of worts for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of occupancy, when applicable. Section B-6 -2 of the General-Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%,) of the Surety Company's capital and surplus, the surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of 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 (10W) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall Section A - SP (Revised 9/18/00) Page 12 of 27 designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability-in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -2S Salea Tax Exemption (NOT USED) SeetleR -- 6 22, TwE Exemption Previsien, is deleted in its entirety and the fellewing substituted in -'- - -- therree6z net qualify fer exemptions of Sales, Exeise, and gee - Tomes- unless eleets te operate %mder a separated eentraet as defined by Seetien 3.291 ef Ghapter- P blie Aeeeaats- of Texas. if the CeetreeteL= eleets te-- eper-ate uadeE a- separated - eentraet, he shall: i. ebt-ain -the peeessarffales taxpermits €rem -the State GeoT' rel er- 2. identiEy in the a-pprepriate spaee en the "Statement eff MataLaials and other 3. previde- resale eewtigleates _ to suppliers. value s €materials. he must p , fer all Sales, HMeise,- and - Use -Tffi aes applieable eerti €ieate tee -his _`gip; lier. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Section A - SP (Revised 9118194) Page 13 of 27 Within thirty (30) calendar days after the; date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities; losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractor must pay all costs necessary to procure such insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. if any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. Section A - SP (Revised 9/18/00) Page 14 of 27 A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in the day -to -day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractors field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineers obligation to execute a contract for this Project. if such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. if the Contractor fails to obtain prior written approval of the City Engineer. concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE farms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE farms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Section A - SP (Revised 9/18/00) Page 15 of 27 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; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(a) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended ..Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 mended " Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach Section A - SP (Revised 9/18/oo) Page 16 of 27 of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Sid Meeting-referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special 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) All 4:a the J J Mater1als --a-ad equiPfaeRt= used - Pregram by the Extyw•aters Pepawtmentw Safety Orientation eendueted F reinstallatleR, by City WateLn Department fee these effered arutherized personnel perseas Cites €aeillty. in €ermatien refer — any -- -water -F'e35 additienal At-taebment 1. e All 4:a the bl Mater1als --a-ad equiPfaeRt= used - rePa�rJ __arse , F reinstallatleR, pumps, 9F any et items, water, (ANSI/NSF) Stasdavd 61 deseFibed in the Standard Speeifteatiens. as Section A - SP (Revised 9/18/00) Page 17 of 27 er-ange, blue, 9E white. Eaeh empi;eyee unif-ewm must pwe%�Lde eempany name --'s in the eaw@utee based meeiter-ing an ;is regula-rmly engaged and - wastewater na.,..try. water- of eempaEable size r r aFA mi --'s in the eaw@utee based meeiter-ing an ;is regula-rmly engaged and - wastewater na.,..try. water- of eempaEable size r r aFA Section A - SP (Revised 9118100) Page 18 of 27 All tEeReh shall be pc existing en the ar-ej A -35 Other Submittals 1. Shop _DrawiEa Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical.) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. b. Reproducibles: in addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Section A - SP (Revised 9/18/00) Page 19 of 27 -- - -_ All tEeReh shall be pc existing en the ar-ej A -35 Other Submittals 1. Shop _DrawiEa Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical.) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub - contractors, etc. b. Reproducibles: in addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. Section A - SP (Revised 9/18/00) Page 19 of 27 e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers, standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. ' Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the, full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair_ Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop.test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the Cityu Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished by the Cit y, 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 Buildin or Construction Projects for Government Entities The requirements of "Notice to Contractors '8"'" are incorporated by reference in this Special Provision. A -39 Certificate of occupancy and Final Acceptance (Not Used) A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 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 Section A - SP (Revised 9118100) Page 20 of 27 acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) Priming and hot: mim Aperatiens must not be eend:ueted en days ier whieh an emeae adFAsery has been lss:ued, emeept fer- repaiVB. The Gity Engineer will notify not be ee:anted as a wer4e dety and the Geatr-aeter will be eempensated at the unit priee—indieated in the sue: A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman., or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/ field changes. (2) Ghanges in equipment and difaensiens due te (3 ) "Nameplatel' dark en a all Installed equipmea . (4) Deletions, additions, and changes to scope of work. Section A - SP (Revised 9/18/00) Page 21 of 27 (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A -46 Disposal of Highly Chlorinated water (7/5/00) 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 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. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory_ Excavations (7/5/00) (NOT USED) Pat PEier te any eeastLsaebien whatever ea the a n Qe.-Itraeter shall Per- emisting titilities whieh parallel and are within ten feet 491) ef prepe f f G.G. pipelines at a maXiffffiM ef 309 feet G.G. and Gentraeter- shall suL--�ey the aeeur-ate herizental and vertleal leeatieRs. eE said parallel pipelines at 900 feet maxim"M shall then prepare a L-eper-t and submit it be the 9 ity fer appreval been made in the area of the Phase being stawbed, the wesuits thevesE reported te form. Gentraetew shall Vvevide all his ew3a survey werAs effea-t (1�16 separate pay) fe A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work. with AEP /CP&L and inform AEP /CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 9/18/00) Page 22 of 27 A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Technical Special Provisions The requirements of "Technical.Special Provisions" are incorporated by reference in these Special Provisions. A -51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 241" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2.. On -Site Stockpiles: Excess material from excavation, whether non - contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run -on, runoff,, and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean -soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 3. Disposal of Excess Non - Contaminated Soil: The balance of any non- contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. 4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OS14A hazardous waste training that is required for construction personnel working in contaminated areas. Section A - SP (Revised 9110100) Page 23 of 27 26-K7 7,5nnua All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A -53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be-restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shdll be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged. property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A -54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing,. barricades, lighting, and other measures as required to protect the site. A -55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project: Section A - SP (Revised 9118100) Page 24 of 27 A -56 Parkin Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, owner's operations, or construction activities. A -57 Amended RProseeution and Progress". Under "General Provisions and Requirements for municipal Construction Contracts ", B- 7 Prosecution and Progress; add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. A -58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise.. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound- muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A -59 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit _... shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. A -60 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. See also: Section T1 -E20 of the Technical Specifications, Storm Water Pollution Prevention. Section A - SP (Revised 9/16/0()) Page 25 of 27 A -61 Dewatering This item is considered subsidiary to the appropriate bid items where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for.sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and /or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better - than the receiving stream, the Corpus Christi Marina. Testing of groundwater quality is to be performed by the City, 'at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, -on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or-wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857 -1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 9/18/00) Page 26 of 27 SUBMITTAL TRANSMITTAL FORM PROJECT: OSO EFFLUENT REUSE DISTRIBUTION SYSTEM - PHASE I PROJECT NO. B10135 OWNER: City of Corpus Christi ,ENGINEER: Urban Engineering � -- - CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL 2G1 PVC PIPS 2G1 2G1B 2F4 2GS 2 J4 DUCTILE IRON PIPS FITTINGS AIR RELEASE VALVES FIBERGLASS MANHOLES VALVES REVEGETATION MATERIALS AND PROCEDURES 2B16 FUSED PVC PIPE 2811 CASING PIPE 2B11 CASING SPACERS AND SEALS 2B16 2B16 GUIDED BORING PLAN GUIDED BORING EXPERIENCE Section A - SP (Revised 9118100) Page 27 of 27 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH day of DECEMBER, 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 S.J. Louis Construction of Texas, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,433,323.70 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OSO EFFLUENT REUSE DISTRIBUTION SYSTEM — PHASE 1 REBID PROJECT NO. E10135 (TOTAL BASE BID: $2,433,323.70) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVAD AS TP LEGAL FORM: By: N N Asst. City Attorney ATTEST---(If Corporation) (Seal Below.) (Note: if Person signing for corporation is.not President,. attach copy_ of authorization to sign) CITY OF CORPUS CHRISTI By: p W Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation By: Daniel Iles, P.E. Director of Engineering Services CONTRACTOR S.J. Louis Construction of Texas, Ltd. sy._ Les V. udwm Title: GmgLaj mmager 520 SOUTH 6T" AVENUE (Address) s MANSFIELD, TX 76063; (City) (State)(ZIP) 8171477 -0320 * 8171477 -0552 . P (Phone) (Fax) ry Page 3 of 3 Rev. Jun -2010 ulu Idw W 1-2— Q s N UNANIMOUS CONSENT TO ACTION IN LIEU OF ANNUAL MEETING OF THE MEMBERS AND GOVERNORS OF S. J. Louis, LLC August 13, 2012 The governors and members of S. J. Louis, LLC, by unanimous written consent, take the following action, as if a meeting had been properly called pursuant to notice and all governors and members entitled to vote on the matters presented herein had been present and voting in favor of such action. RESOLVED, that the following persons are hereby appointed or re- appointed to the offices of this Company set opposite their respective names to hold office until their respective successors are chosen and qualify: James L. Schueller President / Chief Manager Les V. Whitman Executive Vice President / General Manager David Dickerson Vice President / South Texas Area Manager Stephen Kohler Vice President / North Texas Area Manager Peter Stahl Vice President / Senior Project Manager Donald Meyer Chief Financial Officer / Secretary I Treasurer Donald Stephens Secretary / Treasurer / Business Manager Gevan McCoy Vice President / Tunnel Group Manager There are no other officers of S. J. Louis, LLC. RESOLVED FURTHER, the Executive Vice President of the Company shall assume all duties of the President and Chief Manager in the event of the death or disability of the current President / Chief Manager, as defined in that Unanimous Consent dated January 1, 2005. RESOLVED FURTHER, that the President, Executive Vice President, and Chief Financial Officer are hereby authorized and empowered to sign all documents necessary for the performance of the business of S.J. Louis, LLC, the General Partner of S.J. Louis Construction of Texas, Ltd.. RESOLVED FURTHER, Donald Stephens as Secretary, David Dickerson, Stephen Kohler, Gevan McCoy and Pete Stahl are authorized to sign Construction Contracts, Construction Bids, Construction Bonds, final pay estimates and all other documents necessary to construct and manage construction jobs for S.J. Louis Construction of Texas, Ltd. RESOLVED FURTHER, Adam Lunsford, Lucas Menebroker, Shane Ahrens, and Clifford Tubbs are authorized to sign Construction Bids for S. J. Louis Construction of Texas Ltd. projects. Page 1 of 2 SJ Louis LLC 8- 13.12 TX Consent (Autosaved) RESOLVED FURTHER, that all prior signature authorizations are herein deleted, denied, and superseded by this Unanimous Consent to Action. RESOLVED FURTHER, all acts pursuant thereto taken by members of the Board of Governors or by Officers of the Company since the last recorded meeting, are hereby ratified and approved in all respects. IN WITNESS WHEREOF, the undersigned, constituting all of the governors and members of the Company entitled to vote on the matters presented herein, have executed this Unanimous Consent to Action In Lieu of Annual Meeting, effective August 13, 2012. BOARD OF GOVERNORS: James Schueller, Governor Page 2 of 2 SJ Louis LLC 8 -13 -12 TX Consent (Autosaved) P R O P O S A L F O R M F 0 R EFFLUENT OSO _ _ SYSTEM PHASE _ REBID Project No. E10135 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORK PAGE 1 OF 10 P R 0 P 0 S A L Place: Date : September 5, 2012 Proposal of Oso Effluent Reuse Distribution System -Phase I -Rebid -Project No. E10135 a Corporation organized and existing under the laws of the State of Texas OR a `Partnership or Individual doing business as Louis Construction of Texas Ltd. x 834 520 South 6th Avenue Mansfield Texas 76063 P: 817 477 -0320 F: (817) 477 -0552 TO: The City Of Corpses Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ®SO EFFLUENT REUSE DISTRIBUTION . SYSTF4 ® PIAS.E I _ REBID PrOjeet NO. 210135 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices; to -wit: PROPOSAL FORM PAGE 2 OF 10 OSO EFFLUENT REUSE PROJECT NO. 810135 BASE BID I II Iax IV V l BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE BID ITMd EXTENSION (QTY & UNIT PRxCB IN FIGiiRgS} IN FIGURES A. BASE BID - PART A: LINE A A -1 4,759 LF 16" PVC Force Main, complete in place per LF A -2 1,000 LF Guided Boring-for 24" Casing and 16" Carrier complete in place per LF of 3 t-6 $ .3 �^® Joev A -3 60 LF Bore and Case for 24" Casing and 16" Carrier, complete in place per LF $ ®� A -4 717 LF Guided Boring for 16" PVC (Fused) , complete in place per LF �® A -5 580 LF 16" PVC (Fused) Direct Burial, complete in place per LF A0 pa $ �9 A -6 3 EA 16" Gate Valve w/Box & Cover complete in place per EA -� A -7 14 EA 16" x 45 Degree Bend, complete in place per EA s A -8 7 RA 16" x 22.5 Degree Bend, complete in place per,EA 7 A0 A -9 1 EA 16" x 8" D.I. Tee, complete in place per EA A-10 5 EA .16" x 11.25 Degree Bend, complete in place per EA � $ '7 � A -1Z E A ie/Cap, complete n place per EA A--12 2 EA Tie to Exist Force Main, complete in place per EA�� Za -13 7 EA 2" Combination Air Release Valve w /Manhole, Complete in place per EA �® 0 � $ ®� .._._. A -14 25 SY Pavement Repair, complete in place per SY A -15 20 LF Replace Curb and Gutter, complete in place per LF A -16 941 SF Remove and Replace Sidewalk, complete in place per SF s A -17 1 LS Adjust Irrigation Service,® complete in place per LS PROPOSAL FORM Page 3 of to OSO EFFLUENT REUSE PROJECT NO. B10135 BASS BID Y II TIZ IV V BID QTY 73NIT PRICE BID XTSI$ EXTENGROIq ITEDa UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE IN F EGURES) A -18 4 Remove Tree, complete in place W $ EA per EA A -19 3 Relocate Palm Frees, complete EA in place per EA $ A-20 1 Restore Landscaping at Car df dm $ `! LS Dealership, complete in place!_ per LS A -21 26,012 Revegetate Disturbed Areas, 0=4� $ ®" SY complete in place per SY A -22 5,209 Trench Safety, complete in LF place per LF $ A -23 1 Utility Allowance, complete in LS place per LS $20,000.00 $20,000.00 A -24 1 SVPPP, complete in place per LS LS - . _ SUBTOTAL, PART A (items Al - A24) BASE BID - PART B: LINE P B -1 10,146 16" PVC Force Main, complete $ 00 LF in place per ELF B--2 1,165 Guided Boring for 16" PVC $ LF (Fused) , complete in place per LF 8_3 387 Bore and Case for 24" Casing $ //6ot 1.,P and 16" Carrier, complete in place per LF 2-4 73 Open Cut and Case for 24" � � L.) $ LF Casing and 16" Carrer, complete in place per LF B -5 6 16" Gate Valve w /Box & Cover,v��a - EA complete in place per EA B -6 18 16" x 45 Degree Bend, complete �® $ �� EA in place per EAR B -7 2 16" x 22.5 Degree Bend, in �o °- EA complete place per EA B -8 7 16" x 11.25 Degree Bend, $_ EA complete in place per EA PROPOSAL FORM Page 4 of 10 OSO EFFLUENT REUSE PROJECT NO. B10135 BASE BID S II III IV BID QTY & LIMIT PRICE BID ITEM $XTEbTSION ITEM U1dIT DESCRIPTION IN FIGURES (QTY & IINIT PRXOE IN F3:GVR�S) B -9 1 16" x 12" D.I. Tee, complete EA in place per EA 0 B--10 1 12" Gate Valve w /Cap, complete EA in place per EAA B-11 2 EA Tie -in Existing Force Main, complete in place per EA B-12 11 2" Combination Air Release EA Valve w /manhole, complete in place per EA�� B -13 1,525 Remove and Replace Concrete SF Sidewalk, complete in place per SF �® B -14 70 Remove 24" RCP and End° LF Treatment, complete in place $ per LF ex B--15 75 LF Remove 30" RCP and End Treatment, complete in place per LF B -16 4 .EA, Storm Sewer Drop Manhole, complete in EAR ;00 place per rya ,v — B -17 60 24" RCP, complete in place per LF LP $ v B -18 LF LF" RCP, complete in place per �o $ Do® — <0 �� B -19 4 EA Sloped End Treatment, complete in place per EA $ $ �° B -20 3 EA Remove Trees, complete in place per EA B -21 1.25 AC Clear Brush, complete in place AC per 1 d B -22 35,225 SY Revegetate Disturbed Areas, in �� complete place per AC $ B -23 10,146 Trench Safety, complete in LTA place per LF I �� $ A9 13Z 6 PROPOSAL FORM Page 5 of 10 OSO EFFLUENT REUSE PROJECT NO. 910135 BASE BID I Ii TTT IV � BID QTY a UNIT PRICE BID ITEM $gfigNS20AT I ITEM UNIT D$SCRIPTION! IN-FIGURES (QTY & UNIT PRIC$ I3+T F =GURSS) B -24 1 Utility Allowaace, complete in LS place per LS $20,000.00 20,00 0.00 B -25 1 SWPPP, complete.in place per LS LF �fy� $_ B -26 1 Ls Traffic Control Plan, complete in place per LF ea -4,040 � $ �55P0P SUBTOTAL PART B $_ d (Items B1. - B26) C. BASE BID - PART Ca CORPUS CHRISTI COUNTRY CLUB C -1 1 EA Discharge Station, complete in ®� place per LS 0 $ 4 SUBTOTAL PART C $ (Items Cl) D. SASS BID - PART D: MISCELLAMOUS D -1 1 Bonds and Insurance LS �� LS ®0'Q $ �® D-2 1 Mobilization /Demobilization LS D �"® LS C�a �E9� $ XS ® � SUBTOTAL PART E $ Z (Items D1 D2) TOTAL BASS BID $ (Items Part A, Part B, Part C, Part D) ® d TOTAL BASE DID. (Part R, Part B, Part C clad Part D) NOTE. The above unit prices must include all labor, materials, bailing, removal, Overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional 5% in some cases, and may vary from the final quantities. Do not order material based on these ap2roximate quantities. PROPOSAL FORM Page 6 of 10 OSO EFFLUENT REUSE PROJECT No. E10135 BID SPRY BASE BID PART A (Items A -1 - A -24) BASE BID PART B (Items B -1 - B -28) BASE BID PART 0 (Item 0 -1) BASE BID PART D (Items D -1 - D -2) TOTAL BASS BID (Bid Items A through D) PROPOSAL FORM Page 7 of 10 The undersigned hereby declares that he has visited the site a-1d 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 es- t-Imates 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 requix -ed) 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 C,ity.o€ Corpus Christi in the event the contract and bonds are not executed within.t1je time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Husineas Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for evaluation purpose. Number of Signed Sets of Documents: The contract- and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of completion: The undersigned agrees to complete the work within 154 Calendar Days (including any of the additive alternates, if awarded)from the date designated by a Work Order, and as stated in special provision A, Item A-6. 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 accordarxce with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfully submitted: Name! Les V. Whitman By:tf� Y (SEAS, - IF BIDDER IS SIGNKTURE) a Corporation) Address. P.O_ Box 834; 520. South 6th Avenue (P.O. Box) . (Street) Mansfidd, Texas 76063 (city) (State) (Zip) Telephone: 817 477 -0320 NOTE* Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) PROPOSAL, FORM PAGE 8 OF 10 PLEASE NOTE: AS PER GENERAL PROVISION B -3 -4 OF THE CONTRACT DOCUMENTS CONTRACTOR SHALL SUBMIT EITHER A WET POWER OF ATTORNEY AS REQUIRED, OR A CERTIFICATION OF POWER OF ATTORNEY'` ; MUST BE FILLED OUT, SIGNED BY AN OFFICER OF THE SURETY AND NOTARIZED ,qTA'rE::OF TEXAS. C.OU:NTY':d.F.NUE.C.E.S: :§ KNOW ALL BYTHESE PRE ENTS P 190016705 ONO Nol.. {kia.v- D6te M, ay] 2011) Poyme.nfA,ond, :N ge PLEASE NOTE: AS PER SPECIAL PROVISION A -24 OF THE CONTRACT DOCUMENTS SURETY MUST DESIGNATE A LOCAL RESIDENT AGENT IN NUECES COUNTY NO EXCEPTIONS a e a d. ddre s a Res-i entAge t bf 3Uf6t-yJnl4pp, GQU ty, Tp ?'P i.fOr del.ivery: o notice and sencioe f- pmgpp t N Met Kevin Keetch Keetch & Associates insurance Address; 1718 Santa Fe St. (PEtyslcai Street Address) Corpus Christi TX 78404 { � } {State }� ? :: Telephone;: 361 - 883 -3803 E,M8i[: kwoods @keetchins.com Chew D�'�lia�20:11) Ps�ors�at�c�. 8cs�d° Pie � cif 8 PLEASE NOTE: _ -.... AS PER GENERAL PROVISION B -34 OF THE CONTRACT DOCUMENTS CONTRACTOR SHALL SUBMIT EITHER A WET POWER OF ATTORNEY AS REQUIRED, OR A CERTIFICATION OF POWER OF ATTORNEY MUST BE FILLED OUT, SIGNED BY AN OFFICER OF THE SURETY AND NOTARIZED rJ p� ER F 0 R M: A N Ci. E D ON U STATE :'.OFTEXAS BOND No., 190016705 oo.uNT-Y*FNUE0ES § .KN.OW.ALL BY- THE S.E.:PRES..ENTS",.. OondftWs of -this 00nd are,: such thpit etas R h ipaj-bas entered: n.0 cettainvritten:contrkt vdth.lfie Ofty ofCarpus- Chdsti'.(0WN8R)., dated: th6_.L.iT,.H DECEMBER ::, 2012, which AgreemEnt -he.e .as .'..._pa# .r. of Copj epg't4:h­- f '' the ''t' 't. f. ful!Y'and: to the:sam: extet.it . as t I erf�jr�lpr. cqpprucvn. 0. DSO FFFLuE_.NT REUSE DISTRIBUTION: .5Y TF_ —PHASE 'I RE SID (TOTAL: BASER ID.' $2,413,3.23..' (R&V. D�ateMay:20.1j) Perform amce 133nd POW �4 Of 3 V. Whitman A lin fact; J.J. Scherschligt TWe, ce�7eral ftawe-r- w ATT r -Y Dm StepA MOTPW� 520 South Sixth Ave. Mansfield TX 76063 450 Plymouth Road, Suite 400 Plymouth Meeting PA 19462-1644 Telephore. 651-365-7493 Fax,- 86.6-.547-656.1..,. E-Mail- r6bert.rath@libertymutual.com 7� Peffor 0 n c e.: B. b hd P490 2 4f.3 PLEASE NOTE: AS PER SPECIAL PROVISION A -24 OF THE CONTRACT DOCUMENTS SURETY MUST DESIGNATE A LOCAL RESIDENT AGENT IN NUECES COUNTY NO EXCEPTIONS Rev.. Date.- -2uY_ Psymot Bond: Page ,-of .3. LDRTED P_ALRTNE SHIP ACXNOWL,'EDGMENT STN EE OF TEXAS COUNTY OF'TARR-ANT On this 11th day ofDecetiber, 2012 , before me personally appeared W me knorun who being by me.dtfly sworn, that he/she is the General Manager of the . S.J'. -Louis Construction of Teias Ltd. the L.irnited Partnership described in and which executed the foregoing instrarnent; that he/she signed his/ er -name thereto by order of the . Board of Governors of said Limited Pzrmerslup. Notary Public (Not-ary Seal) Jon Leslie Str" p%10-110! . ' � � e`6 Noto��PubucL State oil Texas My Commission Expires August 28, 2016 ACKNOVnEDGEMENT OF ATTORNEY -IN -FACT STATE OF South Dakota County of Mnnehaha , On this 11TH day of DEC. 201% before me, a Notary Public, within and for said County and State, personalty appeared I.l'. . Scherschligt to me personally know and knowza to me to be the Attorney -in Fact of and for the Liberty Mutual Fire it35i�rance Company a corporation, created, organized and existing under and by virtue of the lass of the State of Wisconsin upon oath did say that the corporate seal affixed to the attached instrument is the seal of the said Company, that the seal was affixed and the said instrument was executed by the authozity of its Board of Directors; and helshe did also acknowledge that he/she executed the said instrument as the free act and deed of said Company. April 14, 2015 Notary Public T.M. Crittenden My Commission Expires L -� the;_attomey Warned m the given, power of aftorney to execute -on t�ehalf of the Company surety uridertakirags ea reco inzances and;o #her sure obli ations; and that the.Secreta and each Assistant 5ecreta tie and;each or�an of_them g tY g rY. ry , Y 0'a . hereby is authorized to attest to tfie:ezecution of any such poirver of attorney, and to affix therefo "the corporate of the °; •y -seat . Company : o I L That the Resolution set forth above is a true copy #hereof and is now in full force and-effect ll�0 o L 1N .WITNESS WHEREOF this Power of Afiorney; has been subscnbed by an authonzed;ofFicer_or ofFcial of the Company an 'ii "ahe N d ,, "corporate' seal of Liberty Mutual Fire Insurance Company- has been affixed thereto in.Seattle = Washington this - 11f. "= d "ay of. ¢: DECEMBER 2012 +. c; D � LIBERTY MUTUAL FIRE INSURANC OMPANY 3 =di m _ B _. w+ N >:` Gregory< e o ;Assist. t Secretary 'E.N IIZ a+ ~ V M; G� O STA Q ilJAok[[VGTON I COUNTY OFKINr On this "1'1"' day c,f DECEMBER :2072_ before me, aNgfary Public, personally came.Gre�ory W: Davenport - to me know7; anr; acknowledged that he is an Assistant Secretary of Liberty Mutual :Fire Insurance Company that -he knows the seal of ' ' said .corpora #ior� die! that. he' executed the ,above Power of, Att orney and,a{fixed the corporate seal of Litserty`M A' I Fire Insurance Company thereta w th the authontyand at the direction ofsaid corporation ;' IN TESTIMONY WHEREOF, V have heireunto subscribed my name and. affixed my 66tanal seal at Seattle, Washington on the tlay:and year f rst above written gip a'. r" � OEM •Eke By - J ' NOTARY KD•Rlley No ry lic PUBLIC r' 'phi OZ_ F f i Important Notice hIt•ZW3r,11.11.1OW►•iI-r> 1[•70F ]:ire]ff1d3 Est91*I►1rilZw1111,a You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 -8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection (aDtdi. state. tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC -3500 Page 1 oft Rev. 7.1.07 UNANIMOUS CONSENT TO ACTION IN LIEU OF ANNUAL MEETING OF THE MEMBERS AND GOVERNORS OF S. J. Louis, LLC August 13, 2012 The governors and members of S. J. Louis, LLC, by unanimous written consent, take the following action, as if a meeting had been properly called pursuant to notice and all governors and members entitled to vote on the matters presented herein had been present and voting in favor of such action. RESOLVED, that the following persons are hereby appointed or re- appointed to the offices of this Company set opposite their respective names to hold office until their respective successors are chosen and qualify: James L. Schueller President/ Chief Manager Les V. Whitman David Dickerson Stephen Kohler Peter Stahl Donald Meyer Donald Stephens Gevan McCoy Executive Vice President / General Manager Vice President / South Texas Area Manager Vice President / North Texas Area Manager Vice President / Senior Project Manager Chief Financial Officer / Secretary / Treasurer Secretary / Treasurer / Business Manager Vice President / Tunnel Group Manager There are no other officers of S. J. Louis, LLG. RESOLVED FURTHER, the Executive Vice President of the Company shall assume all duties of the President and Chief Manager in the event of the death or disability of the current President] Chief Manager, as defined in that Unanimous Consent dated January 1, 2005. RESOLVED FURTHER, that the President, Executive Vice President, and Chief Financial Officer are hereby authorized and empowered to sign all documents necessary for the performance of the business of S.J. Louis, LLC, the General Partner of S.J. Louis Construction of Texas, Ltd.. RESOLVED FURTHER, Donald Stephens as Secretary, David Dickerson, Stephen Kohler, Gevan McCoy and Pete Stahl are authorized to sign Construction Contracts, Construction Bids, Construction Bonds, final pay estimates and all other documents necessary to construct and manage construction jobs for S.J. Louis Construction of Texas, Ltd. RESOLVED FURTHER, Adam Lunsford, Lucas. Menebroker, Shane Ahrens, and Clifford Tubbs are authorized to sign Construction Bids for S. J. Louis Construction of Texas Ltd. projects. Page 1 of 2 SJ Louis LLC 8 -13 -12 TX Consent (Autosaved) RESOLVED FURTHER, that all prior signature authorizations are herein deleted, denied, and superseded by this Unanimous Consent to Action. RESOLVED FURTHER, all acts pursuant thereto taken by members of the Board of Governors or by Officers of the Company since the last recorded meeting, are hereby rated and approved in all respects. IN WITNESS WHEREOF, the undersigned, constituting all of the governors and members of the Company entitled to vote on the matters presented herein, have executed this Unanimous Consent to Action In Lieu of Annual Meeting, effective August 13, 2012. BOARD OF GOVERNORS: James Schueller, Governor Page 2 of 2 SJ Louis LLC 8 -13 -12 TX Consent (Autosaved) SUPPLIER SLIMMER TO BE ASSIGNED BY7M'Y— PUROIA.SING DIVISION City of CITY OF CORPUS C ISTY c�sti DISCLOSURE OF TE ST 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. CO1ffANY N S, J. Louis Construction of Texas Ltd. P. 0. BOX- P.O. Box a34, MaTisfield, �TREETAD DRESS. 520 Snath 6t1i Ave-niiP C)ETYD 1�/ianc alri FIRM IS: 1. Corporation 8 2. Partnership 4. Association 5. Other Z11P° 76063 1 Sole 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 Merest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA -N /A 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 NIA NIA 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 NIA 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 NIA NIA PROPOSAL FORM PAGE 9 of 10 FILING REQUME WNTs If a person who requests official action on a matter knows that the requested action will confer at, economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall .disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.. [Ethics Ordinance Section 2 -344 (d)] CERTIFICATION 1 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. Certi"g Person: Les V. Whrtxnan Title: General Manager (7yPe or Prim Signature of Certifying +� �� � :d�� �1 ' , t i�l;' l�v� Dat Persona es September 5, 2012 DEFM'1IONS 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. "Rim." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, 'Texas. f. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust; estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PROPOSAL FORM PAGE 10 of 10 AOCC> li.� GERZTIFICAT'E OF LIABILITY INSURANCE DATE (MMIDDIYYYY) I "7 /l'3 /nr.. - 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 INSURIER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Howalt +McDowell Insurance, Inc. - - 300 N. Cherapa Place, Ste 601 PO Box 5113 Sioux Falls SD 57117 -5113 CONTACT N AME: Jeff Stark PHONE . (605) 339 -3874 FAx (A/c, No (605)339-362 0 ADDRESS :]stark@ howaltmcdowell. com INSURER (S) AFFORDING COVERAGE NAIC B IN§URERA:Liberty Mutual Fire Ins Cc 3035 INSURED S J Louis Construction Of Texas Ltd 520 S 6th Ave Mansfield TX 76063 INSURER B:Chartls INSURER C Westchester Fire Insurance INSURER D INSURER E: INSURER F: $ 11000'000 COVERA61 =S" t;ER-1 IFIGATE NLINFBER'121:;IREG- TX:i1JdavBR Pr-VIQ51111U Idi IMRWM7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADOL UBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMn:S GENERAL LIABILITY <V EACH OCCURRENCE $ 11000'000 X COMMERCIAL GENERAL LIABILITY .. DAMAGE T RENTED PREMISES Ex aourrence $ 300,000 A CLAIMS -MADE OCCUR 2- 641- 444003 -032 c 1/1/2012 11/1/2013 MEDEXP (Any one person) $ 10,000 PERSONAL &ACV INJURY $ f 1, 000, 000 - GENERAL AGGREGATE $ ({ l0, 000, 000 .. GEN'LAGGREGATE LIMIT APPLIES PER, PRODUCTS - COMPIOPAGG $ 2,000,000 17 POLICY X PRO X .tIOC $ AUTOMOBILE LIABILITY EaacciUenISINGLE LIMIT $ l 1 000 000 ANY AUTO X BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS S2- 641 - 444003 -022 - 1/1/2012 11/1/2413 gOD1LYINJURY Per accident ( J $ NON -OWNED HIRED AUTOS AUTOS � ^�� PROPERTY DAMAGE Per accident)$ Cov' a for OPs in Connection $ X UMBRELLA LIAB X OCCUR {' EACH OCCURRENCE $ ,�'` 25,000,000 AGGREGATE $ 25,000,000 13 EXCESS LIAB CLAIMS -MADE pED X RETENTION$ _10, 000 BE 39700185 11/1/2012 11/1/2013 A WORKERS COMPENSATION RCLUDES ND OH WA WY WC STATU- O7H- X AND EMPLOYERS'LIABILITY YIN , T ER E. L. EACHAGCIDENT $ 1,0000000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED7 ❑ NIA (Mandatory in NH) •-64D °444003 -012 11/1/2012 1/1/2013 E.LDISEASE - EAEMPLOYE $ 11000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below C Blanket Builders Risk/ 121055293 002 11/1/2012 11/1/2013 Limit: $25,000,000 installation Floater Temp Sloragelrransit Lm1(each) $1,000,000 J. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: OSO Effluent Peuse Distribution System- Phase 1- Project 4E10135. CityKOf Corpus Christi i5 included as Additional Insured on the General Liability & Auto if required by written contract. General Liability includes commercial form; premises- operations; explosion & collapse hazard; underground hazard; products /completed operations hazard; contractual insurance; broad form property damage; independent contractors; and personal injury. Should the insurance company(ies) cancel the policies for any statutorily- permitted reason other than non - payment, 30 days notice will be mailed or delivered to the certificate holder, if required by written contract. City of Carpus Christi Department of Engineering Services Attn: Contract Administrator P 0. Box 9277 Corpus Christi, TX 78401 -9277 n nr•sn ne nn.r nlne Vr�r�t.CLL/'1 I IVItl 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 7 J. Scherschligt, CP -- - -- -- - - W 1.700 -Lt, I U P1LVMLJ 4VRrvrcly I IvN. All rights reserved. INS025 omorv55 M Tha Ar -(')P l names nnri Innn ara renicfarari mnrire r%f BR[1Rr1 POLICY DUMBER: TB2- 641 -4440 -032 CONNERGIAL GENEPAL LIABILITY CG 20 37 07 04 THIS ENDORSENENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liabilriy for ebodily injury" or 'property dam- age" caused, in whole or in part, by "your work` at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". Name Of Additional Insured Person(s) Or Organization(s): SCHEDULE Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a wntten contract or agreement. prior to an agreement entered into prior to an 'occurrence* or 'occurrence" or offense, to provide additional insured offense. status. Information requited to complete this Schedule. F not shown above, will be shown in the Declarations. CG 20 37 07 04 0 ISO Properties, Inc.. 2004 Page 1 of 1 POLICY NUMBER; TB2 -647 3 -032 COWERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Th' endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Secton li — Who Is An Insured is amended to include as an addtional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "boddy injury', 'property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated below. Name Of Additional Insured Person(s) Or Organization(s): B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property-damage` occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organkatioh other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project SCHEDULE Location(s) Of Covered Operations All persons or organizations with whom you have All locations as required by a written contract or entered Into a written contract or agreement, prior to an agreement entered into prior to an 'occurrence" or 'occurrence' or offense, to provide additional insured offense. status_ Information required to complete this Schedule, it not shown above, will be shown in the Declarations. CG 2010 07 04 0 ISO Properties. Inc_, 2004 page 1 of 1 Policy Number TB2-641 032 issued by Liberty Mutual Fire I nce CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION it - WHO IS AN INSURED is amended to include as an insured any person or organization for Whore you have agreed in writing to provide liabiky insurance. But The insurance provided by this amendment 1. Applies only to 'bodily injury" or "property damage' arising out of (a) "your work` or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy. and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply. 1. Where the applicable written agreement requires the insured to .provide liability insurance on a primary, excess, contingent or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply. 2. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern, 3 This endorsement shall not apply to any person or organization for any "bodily injury" or "property damage' if any other additional insured endorsement on this policy applies to that person or organization with regard to the "bodily injury" or "property damage ". 4. If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for that addkional _insured, this policy will apply solely on the basis required by such written agreement and Item 4, Other Insurance of SECTION N of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other insurance of SECTION IV of this policy will govern. LN 20 01 06 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under, the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does riot after coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Any person or organization whom you have agreed in writing to add as an additional/ designated insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the Limits of insurance provided in this policy. Regarding Designated Contract or Project: Any contract or project as required by written contract. (If 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 ll of the Coverage Form. Policy No: AB2- 641 - 444 003 -022 Issued BY Liberty Mutual lore Insurance Co. Effective Date: 11 /01/2012 Expiration Date: 11/01/2013 Sales Office: 0465 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: TB2- 641 -4440 -032 COMMERCIAL GENERAL LIABILJTY CG 02 24 10 93 THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US" This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILI'T'Y COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation. as provided in paragraph 2. of either the CANCELLATION .Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright. Insurance Services Office, Inc., 1992 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY, NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the- following: BUSINEtS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by this endorsement, We will not cancel this policy or make changes that reduce the insurance afforded by this policy until written notice of cancellation or reduction has been mailed or delivered to those listed in the schedule below at least; a) 10 days before the effective date of cancellation, if we cancel for non - payment of premium; or b) 60 days before the effective date of the cancellation or reduction F we cancel or reduce the insurance afforded by this policy for any other reason. NAME S.J. Louis Construction, Inc. ADDRESS 1351 Broadway street w. Rockville, MN 56369 -0459 Policy No: AS2 -641- 444003 -022 ° Issued By: Liberty Mutual Fire In.suranC Effective Date: 11/01/2012 a Co _ Expiration Date: 11/01/2013 Sales Office; 0465 AM 02 01 0610 Copyright 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 NOTICE OF CANCELLATION We will not cancel this policy until written notice of cancellation has been delivered to those scheduled below at least: a) 30 days before the effective date of cancellation, if we cancel for non- payment of premium. V b) 60 days before the effective date of cancellation, if we cancel for fraud, or misrepresentation; or c) days before the effective date of the cancellation if we cancel the insurance afforded by this policy for any other reason. Falure to provide notice under this endorsement will not affect the validity of the cancellation except as R relates to the person or organization listed below. NAIVE S.J. Louis Construction. Inc_ V, ADDRESS 1351 Broadway St W RockvUle MN 56359 -0459 In no event will the notification to those scheduled above be less than 60 days, as required by state statute, far reasons ether than those specified above. Notification will be provided to all parties in a manner as required by state statute, if any. Issue by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WA2 -64D- 444003 -012 Effective Date Premium $ Issued to S..i. Louis Construction, Inc. WC 99 20 27 O 2010 Liberty Mutual Group. All Rights Reserved. Ed. 09/0112010 Page t of 1 i Installation/ Builders Risk Policy 121055293 002 design and manufacture, warrantees and guarantees, you may otherwise waive your rights against another parry in writing prior to loss to Covered Property. Waivers pre -loss that are in accordance with these terms will not restrict or limit your insurance. 5. Loss Payees The entities fisted on the Declarations and designated as a Loss Payee are added to this policy for the project covered by this policy, subject to the following terms and conditions: We will adjust a lass by a Covered Cause of Loss with you and the Loss Payee(s) shown on the Declarations and we will pay you and the Loss Payee(s), up to their interest in Covered property, the amount we owe, if anything. 5. . Contractual Additional Insureds �--- — Additional Status The following are added as Additional Insureds under this policy but only to the extent required by a written contract or sub - contract for the project covered by this policy, executed prior to the date of loss, and only as their respective interests may appear in Covered Property: a. Owners; b. Contractors and sub - contractors of every tier; and c. Any other individual or entity specified in such contract or sub - contract. F. Definitions 1. Loss means accidental loss or damage. 2. Occurrence means all loss attributable directly or indirectly to one cause, event, incident or repeated exposure to the same cause, event or incident, or to one series of similar causes, events, incidents or repeated exposures to the same cause, event or incident first occurring in the policy period. All such loss will be treated as one Occurrence irrespective of the period of time or area over which such loss occurs. unless a specific period of time is included in this policy. The most we will pay for loss in any One occurrence is the applicable Limit of Insurance shown on the Declarations. Each physical loss caused by earth movement and/or flood, if these are covered perils, will constitute a single occurrence. It more than one earth movement and/or flood occurs within any. period of (72) hours during the term of this policy, you may elect the moment when the (72) hours of coverage will begin. We will not pay for loss caused by or resulting from any earth movement or flood first occurring before the inception date and time of this policy, or for any loss first occurring after the expiration date and time of this policy. 3. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including vapor, fumes, acids, soot, alkalis, chemicals and waste. Waste includes materials to be recycled; reconditioned or reclaimed. 4. Earth movementmeans earthquake, landslide, mudslide, mudflow, volcanic eruption, earth sinking (other than sinkhole collapse), rising, shifting, mine subsidence, or other earth movement, whether observable or not observable, and whether man -made or caused by natural phenomena. ACE0444 (02109) copydght0M9M Page 12 of 13