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HomeMy WebLinkAboutC2013-146 - 3/19/2013 - Approved(Revised 7/5/00) CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REW&B ID /IQ PROCURMMT PROJECT NO. B12161 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2049) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised Aug. 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-6 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 is 17 Fleld- 44:ee (NOT USED] A-18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification A 21 (NOT USED) A-22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A-23 r,...,..mn -etg:e ? �c r0nk (NGT USED) A -24 Surety Bonds A 25 _ales S", e:p6ie : NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A 2:7 e age G (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -34 Amended "Consideration of Contracts` Requirements A -31 Ascended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A -33 Conditions of work A -34 Precedence of Contract Documents -- (NOT USED) A -36 Other Submittals (Revised 9/18/00) A--37 Amended "Arrangement and Charge for h'a'ter Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory 1A -42 OSHA Rules & Regulations A -43 Amended indemnification & Bald Harmless (9/38) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7 /5 /Qo) (NOT USER) A -47 Pre.- Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Mires (7 /5 /00) A--49 Amend "Maintenance Guaranty" (8/24/00) A--50 Amended Prosecution and Progress A--51 Computer Generated Proposals A--52 Confined Space Entry Requirements A -53 Dust Control A -54 Internal Combustion Engine / Noise ?Abatement Criteria A -55 Contaminated Soils A -56 Security A -57 Access toads A -58 Parking A -59 Expedited Submittal Process ATTACEMENTS A - Example Delivery Order B - Electronic Baal PART B _ GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIR' NTS PART S - STANDARD SPECIFICATIONS Section 021020 Site Clearing and Stripping Section 022020 Excavation and Back.fil.l for Utilities and Sewers Section 022100 select Material Section 022420-Silt Fence Section 023020 Jacking, Boring, or Tunneling Section 025404 .Asphalts, Oils, and Emulsions Section 026202 Hydrostatic Testing of Pressure Systems Section 026210 Polyvinyl Chloride Pixie Section 026602 Sanitary Suer Force Main Section 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures Section 028300 Fence Relocation Section 032020 Reinforcing Steel Section 036000 Grouting Abandoned Utility Lines Section 037040 Epoxy Compounds Section 038000 Concrete Structures Section 055420 Frames, Grates, Rings, and Covers PART.' T - TECHNICAL SPECIFICATIONS Section T- 000500 Mobilization/ Demobilization Section T- 020800 well Pointing, Dewatering, and Disposal Section T- 021040 Site Grading Section T-- 021060 Removing Old Structures Section T- 022030 Trench Safety Section T-- 025205 Pavement Repair, Curb, Gutter, Sidewalk, and Driveway Replacement Section T- 025215 Cement Stabilized Limestone Base Section T- 025220 Flexible Base - Limestone �. Table of Contents Page 2 of 4 Section T- 025412 Prime Coat (.Asphalt Material Only) Section T- 025424 Hot mix Asphaltic Concrete Pavement Section T- €725610 Concrete Curb and Gutter Section T- 025612 Concrete Sidewalks and Driveways Section T- 025614 Concrete Curb Stamps Section T- 025802 Temporary Traffic Controls Used During Construction Section T- 026206 Ductile Iran Pipe and Fittings Section T- 021200 Control of Wastewater Floras - Bypass Pumping Section T- 027205 Fiberglass Manholes for Wastewater Section T- 027208 Type A Rehabilitation of Brick or Concrete Wastewater Manholes Using Multi- Component Modified Polymer System Section T-- 027209 Type B Rehabilitation of Brick or Concrete Wastewater Manholes Using Epoxy Liner Section T-- 027602 Gravity Wastewater Lines Section T--027644 Disposal of Waste from Wastewater Line Cleaning Operations Section T- 027606 Service Lateral Replacement Section. T- 027611 Cleaning and Televised inspection of Wastewater Lines Section T-027614 Cured -in -Place Pipe (CIPP) for Rehabilitation of Gravity Wastewater Lines Section T- 027618 Wastewater Line Rehabilitation 1 PipeBursting Section T- 027620 Point Repairs and Obstruction Removals Section T- 028040 Sodding Section T- 028200 Mail Box Relocation 'Section T- 028250 Wood Fences and Gates Section T-- 026310 Chain Link Fences and Gates Section T- 030020 Portland Cement Concrete PART W - I)RA=NGS 1. COVER SHEET 2. ABBREVIATIONS & LEGEND 3. GENERAL NOTES 4. BYPASS PUMPING PLAN EXAMPLE (FORM & SCHEMATIC) 5. DELIVERY ORDER SCENARIOS I OF 4 6. DELIVERY ORDER SCENARIOS 2 OF 4 7. DELIVERY ORDER SCENARIOS 3 OF 4 8. DELIVERY ORDER SCENARIOS 4 OF 4 9. WASTEWATER STANDARD DETAILS I OF 5 10. WASTEWATER STANDARD DETAILS 2 OF 5 11. WASTEWATER STANDARD DETAILS 3 OF i 12. WASTEWATER STANDARD DETAILS 4 OF 5 13. WASTEWATER STANDARD DETAILS 5 OF 5 14. CORBEL RECONSTRUCTION DETAIL 15. TRAFFIC CONTROL PLAN DETAILS 1 OF 5 16. TRAFFIC CONTROL PLAN DETAILS 2 OF 5 17. TRAFFIC CONTROL PLAN DETAILS 3 OF 5 18. TRAFFIC CONTROL PLAN DETAILS 4 OF 5 19. 'TRAFFIC CONTROL FLAN DETAILS 5 OF 5 20. CURB GUTTER & SIDEWALK DETAILS 21. DRIVEWAY DETAILS 1 OF 2 22. DRIVEWAY DETAILS 2 OF 2 23. TXDOT STANDARD DRAWING BC (1) -07 24. TXDOT STANDARD DRAWING BC(2)--07 25. TXDOT STANDARD DRAWING BC(3) -07 26. TXDOT STANDARD DRAWING BC(4) -07 27. TXDOT STANDARD DRAWING BC (5) -07 28. TXDOT STANDARD DRAWING BC(6) --47 29. TXDOT STANDARD DRAWING BC (7) -07 30. TXDOT STANDARD DRAWING BC (S) -07 31. TXDOT STANDARD DRAWING BC (9) -07 32. TXDOT STANDARD DRAWING BC(10) -07 53. TXDOT STANDARD DRAWING BC (I1) -€77 34. TXDOT STANDARD DRAWING BC (12) -07 Table of Contents Page 3 of 4 35. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RASP STAN-CARDS I OF 4 36. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMP STANDARDS 2 OF 4 37. CITY OF CORPUS CHRISTI PEDESTRIAN CURB RAMP STANDARDS 3 OF 4 38. CITY OF CORPUS CHRISTI PEDESTRIAN CUPS RAMP STANDARDS 4 OF 4 39. POLLUTION CONTROL MEASURES EC(l) -93 40. POLLUTION CONTROL MEASURES C(2)-93 41. POLLUTION CONTROL MEASURES EC (3) --33 wo. �_� ..5 PROMSAL /DISCLOSUR.L STATEMENT PERFOPJG LtitC E BOND PAYMENT POND Table of Contents Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIM MS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CITY -WIDE COLLZCTION SYSTE 1[ REPLACEUENT & Vic$ xis /1g PROCURE Ti PRfhMM NO. _ 312161; consists of Wastewater Collection System improvements in the six (t) wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and /or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and /or force mains by pipe bursting, cured-in-place pipe, and /or open -cut method for limes up to 36- inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed SWPPP /permit compliance (subsidiary), and temporary traffic Controls. All work will be e--.ecuted with multiple indefinite quantity delivery orders as required, in accordance with the plans, specifications, and contract documents and will be prepared by one of three Engineers depending on the basin where the work resides. The initial contract will be for a two (2) year. (24- calendar months) base contract, with three (3) optional one (1) year (12- calendar month) extensions. Bids will be received at the office of the city Secretary until 2 : Q�xn. on wedn,esd�ay,_ December 5, 2012, and then publicly opened and read. Any bid received after closing time- well be returned unopened. A pre -bid meeting is scheduled for 2%00 p.m., Wedneada , November 28, 2012 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main. Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompatry 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 farms, 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 bad date, Documents can be obtained by avail 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.R. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 715/00 NO'T'ICE TO CONTRACTORS'- A NOTICE TO CONTRACTORS - A _._ INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof o" coverage in the following amounts is required. TYPE OF INSURANCE MINIMUM INSURANCE Cf,?VEILAM 30 -bay 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 i. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY --OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ( REQUIRED discharge; to include long -term environmental impact for the disposal, of. X NOT REQUIRED .contaminants BUILDERS' RISK See Section B --5 -11 and Supplemental Insurance Requirements El REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section, B -6 -11 and supplemental Insurance Requirements ® REQUIRED X NOT REQUIRED Page 1 of 2 The City of Corpus Christi, mint 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 Adainistrator at 826 -35b0. Page 2 of 2 NOTICE TO CONTRACTORS -- B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS page 1 of 11 Texas Administrative Code TITLE 2828 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS` COMPENSATION CH"TER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The fallowing words and terms, when used in this rude, shall have the following Meanings, Mess the context clearly indicates otherwise. Terns 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. r (2) Building or construction - -Has the meaning defined in the Texas Tabor 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 Ts Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form T'V CC -81, form TWCC -82, farm TWCC-83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee ployee 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 prcj ect 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. Wage 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 fbod/beverage vendors, office supply deliveries, and delivery of portable toilets, (S) 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= lnsurannce 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 (S) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any _. person entitled to them by law; and (7) use the language contained in the fallowing Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific doiniment in which they are contained or to impose stricter standards of documentation: Attached 9Ophic Page 3 of l l (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, pricer 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 proj ect; (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 fied 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 ether 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 (S) 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 arty 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; (l1) 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 (1.1) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whore 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 sighing - 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 ether civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and _. (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration: of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, () 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 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 prevision of this rule or its application to any person or eircurnstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this role 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, §40). (i) The coverage requirement in this rule does not apply to sale proprietors, partners, and corporate. officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T-28S 110.11 ©(d)(7) "REQUIRED 1VORKERS' CO PEMSATIONCOVERAGE" "Yhe lout requires that each persona working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, handing, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512 -440 --3789 to receive information an the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28sx 1 o.110(o)(7) Article Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate. ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (CC --81, TWCG 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 - inclades the throe from the beginning of the work on the project until the cont'ractor'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 personas 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 fooWbeverage vendors, office supply - deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classijieation codes and payroll amounts and, filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor ,must provide a certificate of coverage to the governmental entity prior to being awarded the contract. A 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 coverageperiod, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. ne 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 clays after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project crud for one year thereafter. G. .The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 1(i 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, forma and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing - services on the protect that they are required to be covered, and stating how a person may verify coverage and report lacy of coverage. L The contractorshall 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 401.1111(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 cert ficate 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 (h) 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 whore they are providing services. .I. By signing this contract or providing or causing to be provided a certa; ficate 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, far the duration of the project, that the coverage will be based on proper reporting of classt6cration codes and payroll amounts, and that all coverage agreements will bepaled with the appropriate insurance carrier or, in the case of a set 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 woes not remedy the breach within tent days after receipt of notice of breach from the governmental entity. Page 11 of 11 - BART A - SPECIAL PROVISIONS CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID /IQ PROCUREMENT PROJECT NO. E12161 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Rece3.Vina Proposala /Pre -Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located can the first floor of City. Hall, 1201 Leopard Street, until 2 :00 p.m. r Nedueoday°. December 5, 2012. Proposals mailed should be addressed in the following maramr: City Secretary's Office City of Corpus Christi 1201 Leopard Street Carpus Christi: Texas 75401 ATTN: BID PROPOSAL - CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID /E0 PROCUREKENT; PROJECT NO. B12161 :AM proposals not p4ysically in possession of the Cit y Secretary' s Office at the time and date of bid opening will be deemed Late and non -reS onsive. Late ZE9posals will be returned uzx. en.ed to the p;pposer. The 2roposer is solely re=onsibl.e for delivery to the Citir Secretarv'S Office. Delivery of ars r osa.l, _4Z the r oser. their a exit /r resentative. V.S. Nall, or other deliveEX service, to any City address or office other than the Cit Secret 's Office mill be deemed aora-responsive if not in oeseasaion of the c#;y Secretary's Office 2rio= to the date and time of bid openiRg. A pro-bid meeti7,1 wL11 be held on Wednea4 November 23 2012 beginning at 2:00; P.M. The mestjM will convene at the Anineering Services Maus Conference Roars, Third Floor, City Vail, 1201 Leo and Street. Co us Christi, TIC. and will include a discussion of the protect elements.. If requested, a site visit vill follow_ No additional or se crate visitations will be conducted b y the Cit . Awl Definitions and Abbreviations Section 8-1 of the General Provisions will govern. A. -3 Description. of Protect CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID /IQ PROCUREMENT; PROJECT NOD. E12161, consists of Wastewater Collection System improvements in the sax 6 wastewater plant sH =v:lce ba.sias . The scope of work includes, but is not limited to: rehabilitation and /or replacement of manholes, rehabilitation and /or replacement of gravity collection lines and /or force maims by pipe bursting, cured -in.- place pipe, and/or opus -cut method for li A -4 Method of Award The bids will be evaluated based on the following, subject to the availability of ,funding: 1. Total Base Sid = Total. a&-ended Umit Prices + Total. Adjusters icy Price (Sypot etacal Scenario No.1 Total r Emergency Coefficient - M= i.s 2.0) The City intends to award this. INDEFINITE DELIVERY / INDEFINITE QUANT1TY (TD /10) CONTRACT for approximately $5,500,000-00 over a. 2 year period with 3 possible I year renewals at $2,750,000.00 per year. Renewal will be based on Contractor's successful performance of Delivery Orders, approval by the city Engineer, and concurrence from the Contractor. The renewal will allow for an economic adjustment, based upon published and acceptable indices. The Engineer will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. 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_ Emergency Delivery orders, as determined by the City, may be issued under this Contract. For Lcmtergency Delivery Orders, the Contractor shall be on- site within three (3) hours to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and have in place ALL mitigation 'measures to prevent further damage to public and private property within sax (6) hours of receiving authorization to proceed. The Contractor may be required. to respond to and complete up to two (2) Emergency Delivery Orders at the same time. In the case of Emergency Delivery Girders, the Contractor shall also be required to maintaian, continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) has /have been, rectified and the danger to the Public has been resolved. To accommodate the increased casts associated with the Emergency Work, Bidders shall submit a "Coefficient for Emergency Work" with its Bid Proposal (Max is 2.0). This coefficient shall be applied to the Bid Items to determine the final asst of the Emergency Repair(s). The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However, there shall be no expectation (by Contractor) that all bid items and /or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. The hypothetical quantities shown in the bid item tables are not intended for award but will be used for bid evaluation purposes ONLY. The contract award value is based on current anticipated budget allocations. The Contractor will have no basis for a claim against tbs City, if the actual delivery order total is .less. section A - SP (Revised 12/15/04) Page 2 of 2 s A -5 items to be Suimsitted.with Proposal The following items are required to be submitted with the proposal.: 1. S% Bid Bond (.Must reference CITY -WIDE COLLECTION SYSTEM REPLAC T & REHAB; PROJECT NO. 312161; 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 initial contract duration shall be 24 Months and will be subject to _. renewal for up to three (3) additional 12 -month periods. Each delivery order will be issued with an allowable working time (calendar days) and will be based on the durations identified in the Working Time Table provided in A -18. • Non- 1ftergency De.liv+ery Orders - The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 24 hours of receiving 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 Delivery order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon the production rates shown in the table below. • mnergency Delivery orders - The working time begins and the Contractor shall be required to be on-site within three (3) hours of receiving written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and shall have in place ALL Mitigation measures to prevent fther damage to public and private property within six (6) hours of receiving written notice from the Director of Engineering Services or designee (`City Engineer ") to proceed. In the vase of Emergency Delivery Orders, the Contractor shall be required to maintain contin=us operations (24 hours per day, 7 days per week), until the emergency situation(s) has /have been rectified and the da=ger to the Public has been resolved. For each calendar day that any work remains incomplete after the time specified, in the Delivery order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $1,000-00 per calenda.x` day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon production rates shows' in the table in A -18. Section A - SP (Revised 12/15/04) Page 3 of 25 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 CgMensation l asurance CoveKa e If the Contractor's workers, compensation insurance coverage for its employees working can 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 the re y compensation insurance coverage must not � required Pr workers q 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 sucli coverage has been provided to.the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with ,Section S -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wagq..Rates (Revised 7/5/00) Labor preference and wage rates for Highway Construction,. In case of conflict, Contractor shall use higher wage rate, Minimum Prevailin%_ Wage Scales The Corpus Christi. City Council has determined the general prevailing minimum hourly wage rates for Nieces County, Texas as set out in fart C. The Contractor and any subcontractor must not pair less than. the specified wage rates to all laborers, workmen, and mechanics employed by them in the section A - SP (Revised 12!15/44) Page 4 of 29 execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and — each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. — The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for — Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 C2Meration with- Public_Ageuaies (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 Texas 811 — (Dig Tess) and the Lone Star Notification Company at 1- 804 -669 -8344. For the contractor's convenience, the following telephone numbers are listed. _ City Engineer 826- 3500 Project Engineer (Allison. Broadway) Urban. Engineering Doug McMullan, P.E.. 854 -3101 883 -1986 (fax) Project Engineer (Oso & Greenwood) LNV, Inc. W. Logan Burton, P.E. 883 -1984 883 -1986 (fax) Project Engineer (Laguna &.whitecap) CRG, L.P. J. ]ion R.ehmet, P.E. 991 -8550 993 -7569 (fax) — Traffic Engineering 826 -3540 Police Department 886 -2600 Water Department 825 -1881. (826 -3140 after hours) Wastewater Department 826 -1800 (826 -3140 after hours) Gas Department 885 -6900 (885-6900 after hours) Storm Water Department 825 -1875 (825 -3140 after hours) Parks & Recreation Department 826- 3461 Streets & Solid Waste Services 626 -1940 (826 -1970 after hours) A E P 299 --4833 (593 -9444 after hours) S B C 881 -2511 (1- 800 - 824 -4424 after hours) City Street Div. for Traffic Signal /Fiber Optic Locate 826»1945 (857 -1960) Cablevision 857 -5000 (857 -5060 after hours) ACSI: (Fiber Optic) 887 -9200 (Pager 800- 724 -3624) KMC (Fiber Optic) 813 -1124 (Pager 888 - 204 - 1679) _. ChoiceCom (Fiber Optic) 881 --5767 (Pager 850 - 2981) CAPROCK (Fiber optic') 512%935 -0958 (Mobile) Brooks Fiber Optic (MAN) 972- 753 -4355 Section A - SP (Revised 12/15104) Page 5 of 29 A-12 Maintenance of ServiceS The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as mueb inferma-tien as--e� ba6e maps, 1; ,. of s 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 cork as intended at no increase in the contract price. All such repairs must conform to the requirements of the company or agency that owlets the utilities. Where existing sewers are encountered and are interfered. with (i.e. broken., cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. - Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pair 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 surer service lines must be provided by the Contractor. -- A -13 Area Access and Traffic Control. Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause - minimum adverse impact on the accessibility of the plant operations and public. 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 Uec®ssary permit from the City's Traffic Engineering Department. All costs for traffic control shall be paid for by the appropriate bid item in the Proposal. Delivery Orders may sometimes require modifications and /or adJustments to the standard traffic control options. Based on Engineers, approval, this work will be paid for using '"Preparation and Implementation of Traffic Control plan Allowance". sectiod A - 9P (Revised 12/15/04) Page 6 of 29 __ A -14 Construction H i meat S ill.a a and Trackia _ The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor anal /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 crust be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Remavals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clear" dart. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass: All 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 project WA item fe- -' tieeet Exea!•at en' ; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, .broken asphalt, concrete, broken culverts and - other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office (NOT USID) !Fhe Gentraeter must furn—Ish the City Engineer- orr his representative witbr­a field efflee at the eGi*9tLw&et5d:en site....-The gield effiee must eentaia at least- -120 square feet ef useable spaee. The field ef-Eiee m�ast be air eeaditA:en heated and- -mot be fu3mlshed with an ineilned table ef.Eiee on the site as required by the Gity Engiaeew ere h&s repr-eseRtat4:v6- that measure--- answc i — per-va:ee) and F X aaeh: ae paid.... -r -- —the Ce eter. `hers* -- - separrate pay item ige_ --he field eftiee. A -18 Schedule and SeqLmgqe of Construction subffiltted to the -Ity gagineeE at least three (3) wer-king days prier ---- the pry ears,...- ,,. -tien meeting: section A - 3P (Revised 12/15/04) Page 7 of 29 The completion, times for delivery orders issued under this contract will be based upon production rates shown in the table below_ WORKING TIME FABLE Descriptibn Typical Working Time (Days) Allowed for each- Delivery Order Biwa- Mmergency Emergency Mobilization 3 days / D.O. I day f I.O. (Note 2) Remove & Replace Wastewater Line (< 14' Depth) 5 days / 600 LF" 3 days / 600 LF Remove & Replace Wastewater Lime (> 14' De th) 7 days / 600 LF 5 days / 600 LF Rehab Wastewater Line Pipeburst (< 14' Depth) 5 days / 600 LF 3 days / 600 LF Rehab Wastewater Lime Pipeburst (> 141 Depth) 7 days / 600 LF 5 nays / 600 LF Rehab Wastewater Line CIPP 5 days / 600 LF 2 days 600 LF Point Repair Wastewater Line (� 14' Depth) 3 days / ea 1 day / ea Point Repair Wastewater Lime (7 14' Depth) 4 days / ea 2 days % ea Well Pointing for Wastewater Lines I day / 400 LF 0 days / D.O. Control. of Wastewater Flows i day / D.O. 0 days / D.O. Clears, & CCTV Wastewater Lines 1 day / 120€3 LF 1 day / 1200 LF Remove & Replace Wastewater Manhole 3 days / ea 2 days / ea Rehab Wastewater Manhole (FRP or nMe.A / Type B) 2 days / ea 1 day / ea Remove. & Replace Driveway or Sidewalk 2 days / 400 SF 1 day / 400 SF L.Nvsc z L. ntva-ieMU r a"me S=Wn In tnI8 ra' Ole 10 In CALENDAR DAYS. 2. Emergency Delivery orders require a 3 hour response Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of Liquidated damages due to the - City from the monthly pay estimate. seatian A - sP (Revised 32115/04) Page 8 of 29 Completion shall be based on satisfactory work, completed,. tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion Engineer will issue a. Certificate of Completion at each 1 Year (12- mouth) milestone for all - work completed in that 12 month period. The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List) (1) Final inspection (Contractor shall have red lined set ready to submit to Engineer within 7 days of completion of each site. Gity (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Builts, Post CCTV, G&M maple —rin and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) the final estimate and Gentraeter evaltiatien form , (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end. of project J (9) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares ,financial paperwork (10) Administrative Asst. submits to director of Engineering Services /operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AF'P) prepared and submitted to Accounting Department (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. Section A - SP (Remised 12/15/04) Page 9 of 29 (14) Administrative asst. sends letter to Contractor informing him or her when one -year warranty date begins ( AcceRtance Memorandum), City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will began, on the date that the Acceptance Memorandum is issued to the Contractor. A -19 Construction Pro ect La out 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 mature. The Contractor shall. furnish all lines, slopes and measurements necessary for control of the work. if, for whatever reason, it is necessary to deviate from proposed lime 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 or in- house independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party or in -house R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party - or ire -house Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required. 8t_ree .:.. - • Gu.*b and gatter- fiew line --bath sides off street—an a r section 14 - BP (Revised 12/15/04) Page 10 of 29 - • -- - -- - if, for whatever reason, it is necessary to deviate from proposed lime 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 or in- house independent Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party or in -house R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party - or ire -house Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required. 8t_ree .:.. - • Gu.*b and gatter- fiew line --bath sides off street—an a r section 14 - BP (Revised 12/15/04) Page 10 of 29 - ! inteLnFai and at all Wastewater: • All rim/invert elevations at manholes! • All intersecting lines in manholes; a Casing elevations (top of pipe and flow line) (TXDOT and RR permits) ; » All crossings / conflicts with other utilities. c.E,. J. e-r - 7er�eevvs -r 6 All tep-of , 0 Gasing elevatioas (tap of pipe atad glow line'. RA jpevmits). A -20 Testig and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the city. in the event that any test fails, that test must be done over after corrective measures have been taken,, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT US=) - - - - - - - ii'"22 rK inor t /Xiuori Business fate rise Fa"icy ation Poll (Revised 10191 8 1. Policy it is the policy of the city of Corpus Christi that-maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the city has established goals, as stated herein, both for minority and female participation by trade and for Minority Business v Enterprise. Section A - SP (Revised 12/15144) Page 11 of 29 2. Definitions a. Prime Contractor: ?any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, farm, 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 _B tsiness 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 aispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively sssanage, and share in payments from such an enterprise in the spanner 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 dosing business as a partnership, at least 51.0t 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 Pa eats Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51 0t 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 FnLf rise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. Section A - sg (Pavised 12/15/04) Page 12 of 29 r_ f. Soint 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 MSE 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 ha'v'ing minority participation in 25.0e of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation minority Business Materprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MER participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to tie 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 ingpection Required (Revised 7/5/00) (NOT USED) sectida ,A - SP (Revised 12/15/04) Page 13 of 29 ame"ed-4-m. the Gentrvaet" pay all fees and- ehar5eB iev--- by the A-24 Surety, ids 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 (1€-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 (10t) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %0 of the reinsurer {s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the state of Texas. The surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a surety company that is certified by the United States Secretary of the Treasury or mast 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.11 A-25 Salea Tart MmMpti (NQ LONGER APPLICABLE) V_ Section A - SP (Revised 12/15/04) Page 14 of 29 Section A - SP (Revised 12/15/04) Page 14 of 29 r A -26 SMlemanta.l 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 smitten notice of cancellation or material - change. to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 -- The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign. the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the 'Project described in the —. Contrast. 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 reed not he 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 these 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, section A - SP (Revised 12/15/04) Page 15 09 29 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. T i Y Damage Claims (NOT USED) A -27 Res�o b�. 3.t faar,,,,,.,.,. A -219 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 (9D) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 CcMtaractor'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: section A - sF (Revised 12/15/04) Page 16 of 29 - - - - o - -- - - - - - - - - -- - —imam - A -219 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 (9D) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 CcMtaractor'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: section A - sF (Revised 12/15/04) Page 16 of 29 1. The Superintendent must have at least five (5) ye in field management and oversight of projects of complexity to this Project. This experience mus t necessarily limited to; scheduling of manpower and coordination of subcontractors, and familiarity process, federal and state wage rate requirements close -out procedures. srs recent experience a similar size and include, but not d materials, Safety, with the submittal and City contract The superintendent shall be present, on the job site, at all tines that *cork is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation Engineer. The substitutions in writing p: Project. concerning these requirements will be reviewted by the City Contractor's field administration staff, and any subsequent �r replacements thereto, must be approved by the City Engineer Lor to such superintendent assuming responsibilities on the Such written approval, of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. if such approval: is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. if the Contractor fails to obtain, prior written approval of the City Engineer concerning any substitutions 'or replacements in. its field' administration staff for this Project during the tens 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 fine (5) working days following this public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Hass Sid 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. S. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein.. Similar substantiation Section A - SP (Revised 12115/04) Page 17 of 25 will be required if the Contractor is an NBE. If the responses do not clearly show that M13F participation will meet the regairements 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 perforce 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, than 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 relati6nships between the major components of the work. The final progress; schedule must be submitted to the City Engineer at.the pre - construction conference; a. Documentation required pursuant to the Special Provisions A -28 and A -23 concexraing Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 10. Within fire (5). days following bid opening, submit in letter form, information identifying type of entity and state, i.e.. Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual (s) authorized to execute contracts on behalf of said entity. A -31 Amended PoliEZ on Extra Work and Chan a Orders Under "General. Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present test is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000. 00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract " Regnirement.s Under "General Provisions and Requirements for Municipal Construction Contracts " B -3 -5 Execution of Contract add the following: The award of the Contract maybe 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 section A - SP (weed 12/15/04) Page 18 of 29 their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor, A -33 Conditions of )Fork 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 Pro -Bid Feting referred to in Special Provision A -1. A -34 Precedence of Contract Documents in cash 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 givers 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. Section A - SP (Revised 12/15/04) Page 19 of 29 - - - - -= - - - zs MMMMM Section .A - SP (Revised 12/15/04) Page 20 of 29 must he eentaimed at all times at the watea�- Section .A - SP (Revised 12/15/04) Page 20 of 29 A -36 other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a„ Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. lh. Reproducibles: in additions to the required copies, the Contractor shall, also submit one (1) reproducible transparency for all shop drawings. Section A - SP (Revised 12%15104) Page 21 of 29 - - - -- - - -_--- - - MAM- A -36 other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a„ Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. lh. Reproducibles: in additions to the required copies, the Contractor shall, also submit one (1) reproducible transparency for all shop drawings. Section A - SP (Revised 12%15104) Page 21 of 29 MAM- A -36 other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a„ Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. lh. Reproducibles: in additions to the required copies, the Contractor shall, also submit one (1) reproducible transparency for all shop drawings. Section A - SP (Revised 12%15104) Page 21 of 29 C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal fors. 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 Stamps: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification. of Products required, field dimensions, adjacent construction Mork, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer -for approval, and coordinate the submission of related items. f. Harking.- Contractor must mark each copy to identify appd.icable 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. T Resubmittal.s: 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. v e ..- _ d..ugi��cc. , A -37 Amended ftArr2Egement and C`hax a for wafer P.rxnished the City- Under °General Provisions and Requirements for Municipal. Construction Contracts ", B -6 -15 Arrangement and Char a for Water Furnished by the City, add the following: "The Contractor must comply with the City Conservation and Drought Contingency Plan as includes implementing water conservation changing conditions. The City Engineer will Of Corpus Christi's Water amended (the "Plan "). This measures established for provide a copy of the Plan Section A - 5P (Revised 12/15l04f Page 22 of 29 to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout Construction.'r A -38 Worker's C ensation Coverage for Building or Construction Projects for Govex -nment E bm tities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. - A -39 Certificate of c ce (NOT USED) ..Occpan. and i�s�sal_ Acceptsa 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 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 Advi.so Priming and hot -nix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. if a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OM Rules a 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 Linder "General Provisions and RegUirements for Municipal Construction Contracts" B- 6--21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all.damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor- shall hold the City, its officials, employees, attorneys, and agents harmless and small indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its - officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material roan. Section A - IF (Pmviaad 12/15/04) Page 23 of 29 A-44 pn}..an2e Orders Should a change order(s) be required by the Engineer, Contractor shah furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractors costs and breakdowns, cost of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensiouz 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 r^e441tles improvements, (b) Upon completion of each faeilit y Delivery Order Or Emergency DeliVery Order, the Contractor shah. furnish Owner with one set of direct prints, marked with red pencil, to show-as-built dimensions and locations of all work constructed 7 days of completion of each Delivery Order site. As a minim=, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletion.,s, additions, and changes to scope of work. (5) Any other changes made. (6) Post CCTV Inspection video. A. -46 Disposal of Highly Chlorinated water (7/5/00) (NOT USED) A-47 Pre-COnstr%%CtiOn RX 10ratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within. 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal Location of each crossing and potentially conflicting pipeline. section A - $1, (Revised 12/15/04) Page 24 of 29 -- For existing pipelines which parallel and are within ten feet (l0') of proposed pipelines of the project, Contractor shall excavate and. expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Exploratory excavations shall not be measured for payment but shall be considered subsidiary to the Project. . Any pavement repair associated with exploratory excavations shall be paid for according to the established price for utility pavement patching. Contractor shall provide all his .own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical- Wires 47/5/•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 limes. Some overhead limes are shown in the construction plans, while others are not. it shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements Lfor municipal Construction Contrasts E' , B-8-11 Maintenance Gua.rant , add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or — relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Pr rasa Linder "General Provisions and Requirements for Municipal Construction Contracts ", 8--7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. if ,funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. such costs shall be addressed through a change order to the contract." section A - ap (Revieed 12/15/04) Page 25 of 29 A -51 Cvguter Generated Proposals The fallowing paragraph modifies B_2 -7 Pre arativn of Pro osal, of the General Provisions: "The bidder has the option of submitting a computer- generated print -out, in lieu of, the Proposal Form (SHEETS x -X) , INCLTJSIVE . The print -out will list all bid items (including any additive or deductive alternates) contained on Proposal. if the Contractor chooses to submit a print -out, the print -out shah be accompanied by properly completed, remaining proposal pages. A sample print --out is shown in Attachment S_ In addition, the print -out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates)' contained in this proposal are the unit prices and.,no other Information from print. -out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print -out by the respective estimated quantities shown 'in the Proposal (Column II) and thew totaling the extended amounts. (Signature) (Title) (Date) A -52 Confined Space EntEL Requirements Contractor will be required to comply with all OSHA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated. requirements for entry into these areas, including compliance with QSHA Regulation (Standard 29 CFR) Permit Required Confined Spaces 1910.145. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the Engineer with this certification information of any /all personnel who are doing confined space entry work. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust.. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. when practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A -54 Internal Combustion �pa ines /Noise Abatement Criteria Contractor shall take reasonable measures. to avoid unnecessary noise. Such measures shall be appropriate for normal ambient sound - levels in the area during construction operations. All construction equipment, machinery, and vehicles shall be equipped with practical sound - muffling devices and operated. sectiqu I1 - 9P (Revised 12115%04) Page 26 of 29 �- 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, the. contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of the occupants. if complaints are received by the City, the following testing shall be performed. Payment of the testing services to measure the noise level shall, be the responsibility of the Contractor. All tests required under this item shall be done by a recognized testing laboratory selected by the City. All equipment used for this project must meet the following maximum noise requirements. The criteria for approval of the mediated noise level proposal for the use of internal Combustion Engine will be based'on the noise level measured at the closest property line to the proposed Internal Combustion Engine location. Per Federal Highway Administration (FHWA. - Source 23 C R 772), Noise Abatement Criteria, noise level Leg shall not exceed 67 d8A Ldn anytime. For Protection of the employees working on the site, the permissible sound level should not exceed 90 dBA per day in eight hours period (for more information., refer to OWM 1926.52 or 1910.95). The Engineer or his designated representative reserves the right to stop construction, if any time the noise level exceeds the above said criteria. If equipment is tested and found to be out of compl,ianCe, the Contractor may re- mediate noise levels and re -test, at the Contractor's expense. A-55 Contaminated Soils if, during 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 Texas Commission. on Environmental Quality (TCEQ). The TCEQ has jurisdiction concerning policies as to the reuse of contaminated soils and the Contractor shall adhere to the following procedures; 1. Material Reuse - Excavated material that contains indications of elevated Levels of contamination may be utilized as backfill for excavations, up to 24 inches ( <24m) 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 (material with no indication of contamination) shall be used with the top 24 inches of the excavation. All materials used for the backfill of excavations shall also conform to the bedding and backfill requirements, sections & details included in the plans, specifications and contract documents. 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 /run -off and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain with plastic sheeting, with a clean -soil berm covered with plastic sheeting around the perimeter. The contaminated stockpiles shall be covered with plastic sheeting and secured to prevent - loss of the cover, due to winds or storms, etc. 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. section A - 9P (Revised 12/15/04) Page 27 of 29 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 _r cleaning up and restoring the site after the contaminated sail is removed shall be negotiated and paid for on a case -by -case basis, if contaminated soils are encountered. All excess contaminated sail shall also be transported by the Contractor to a permitted disposal. area. 5. OSHA Training - The Contractor shall be responsible for providing proper and necessary OSHA Hazardous Waste Training required for construction personnel working in contaminated areas. A -56 Parkip Contractor shall provide and maintain suitable parking areas for the use of all construction workers and all others performing work or furnishing services in connection with the Project, as required and to avoid the need for parking personal privately owned vehicles where they may interfere with public traffic, City operations, Contractor operations and construction activities. A -57 Expedited submittal. Process It is the intent of. this Expedited Submittal Process to accelerate the typical submittal review process, in advance of issuing the first Delivery Order. This will ultimately expedite the timeline for all future Delivery _ orders issued as part of this Project. No more than. 12 calendar days following award of contract, the Contractor shall prepare and submit product data and other pertinent data /information to the Engineer for review and approval, on the following standard items: Refer to Submittal Transmittal Form on next page. The Engineer is in no way implying that these are the ONLY submittals required by the contract. The Contractor shall fully comply with the submittal requirements detailed in the Project Specifications and shall in good faith, submit the appropriate documentation, as a part of the Expedited Submittal Process. The Engineer will review and return submittals withla 7 calendar days following Contractor's submittal. Section A - SP (Revised 12/15/04) Page 28 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: CITY -WIDE COLLECTION SYSTM REPLACEMMT & REHA" iD /iC PROCUREMBNT; PROECT NO. E12163. OAR: CITY OF CORPUS CHRISTI ENGINEER: LNV, Inc., W. LOGAN BURTON, P.E, CONTRACTOR: SUENITTAL DINS: APPLICABLE SPECIFICATI0N OR DRAWING Section T- 0030020 Section 032020 Section 037040 Section T- 027205 Sheet 4 tbru 12 of 41 Sermon T- 027208 Section T- Q27209 Section 0262210 Section T- 026206 Sheet 13 of 41 Section T-027614 Section T- 027618 Section T-02761 1 Section T -027620 Sheet 14 to 41 SUBMITTAL NUMBER: FIIPLIZA�k k**A Concrete & Accessories Remforciag Steel FRP Manholes and FRP Manhole Liners Manhole Accessories Tpe A Manhole Rehab. Twe B Manhole Rehab. PVC Pi e Ductile Iron. Pipe and Fittings Casing Pipe and Spacers Cored -in Place PI De Rehab. Fi b ' Rehab. CCTV Kogd Format Point Rogir Accessories Corbel Reconstruction Section A - SP (Devised 12/155/04) Page 23 of 29 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 19TH day of MARCH, 2013, 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 National Power Rodding Corp. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $5,500,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID/IQ PROCUREMENT PROJECT NO. E12161 (TOTAL AWARD: $5,500,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (1 g) calendar days from date they receive written work order and will complete same within 24 MONTHS 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 APPROV D AST GAL FORM: By: Asst. City Attorney CITY OF CORPUS CHRIST[ By: Oscar Martinez - Assistant City Manager Public Works, Utilities, and Transportation By: Daniel iles, P.E. Director of Engineering Services CONTRACTOR National Power Rodding Corp. By: TttIP' Harold Kosova, President 9810 FM 969 (Address) Austin. TX 78724 (City) (State) (ZIP) 8001621 -4342 * 8001694 -6944 (Phone) (Fax) 1 2)- !,3 Page 3 of 3 Rev. ,Tun -2010 P R 0-2 0 S A L F 0 R M F 0 R CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID/ IQ PROCUREMENT PROJECT NO. E12161 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 32 ' P R O P O S A L Place: Date: December 5, 2012 Proposal of National Power Rodding Corp. r — a Corporation organized and existing under the laws of the State of Illinois OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: CITY -WIDE COLLECTION SYSTEM REPLACEMENT & RES'AB ID /IQ PROCUREMENT PROJECT NO. E12161 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 32 City -Wide Collection System Replacement & Rehab IDJQ Procurement Project No. E12161 Drawing No. SAN 561 December 5, 2012 National Power Rodding Corp. (Contractor) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices and no other information from print -out. National Power Rodding Corp. 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U� co a p ai p o C E' U Q o m M F it (p E m v tp fi LL CD Q U dS 0 E O Z N O 4 tS 3 O m ca N �? w F N cu c: 03 al N .. c � (a 0 � E O w A cc v a_ °' g ° m Lq ° °- z a O Ir (4 �. d w u LL- N (b o U -__ L N c L± v N Z v L CD U) c (D U U D V co of (Z c� O LU C Q C 01 0 z N � � O 0 x� 0 U) -0 Q 0 v 61 E Q w Z w 41 e w Z. 0 N U w LU U o z Q o � a in (D ❑ m is ❑ v o c a: CF) ❑ L (` d (Q L (` (d C (SS oji C ui v m W v fi a`di w a U .� CJ n v) W y U w 7 � w aj w FO O N N C0 N (O [7 Lq tlt O r U3 (3) 4 t.() (O f+ co N r 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 50 of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as Liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The initial contract duration shall be 24 Months and will be subject to renewal for up to three (3) additional 12 -month periods. Each delivery order will be issued with an allowable working time (calendar days) and will typically be based on the durations in the Working Time Table shown below. • Non - Emergency Delivery Orders - The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 24 hours of receiving 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 Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will be based upon the production rates shown in the table below. • Emergency Delivery Orders- - The working time begins and the Contractor shall be required to be on -site within three (3) hours of receiving written notice from the Director of Engineering Services or designee ("City Engineer ") to proceed to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and shall have in place ALL mitigation measures to prevent further damage to public and private property within six (6) hours of receiving written notice from the. Director of Engineering Services or designee ( "City Proposal Form Page 28 of 32 Engineer ") to proceed. In the case of individual or multiple Emergency Delivery Orders, the Contractor shall be required to maintain continuous operations (24 hours per day, 7 days per week) , until the emergency situations) has. /have been rectified and the danger to the Public has been resolved. For each calendar day that any work remains incomplete after the time specified in the .Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $1,000.00 per calendar day will be assessed w against the. Contractor as liquidated damages. The completion times for delivery orders issued under this category will be based upon the production rates shown in the table below. WORKING TIME TABLE �.00e; — nurhing lime Shown In this table is in CALENDAR DAYS. 2. Emergency Delivery Orders require a 3 hour response. 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. Proposal Form Page 29 of 32 Typical Working Time (Days) Allowed for each Delivery Order Non- Emergency Emergency Description Mobilization 3 days / D.O.. 1 day / D.O. .(Note 2) Remove & Replace Wastewater Line ( :- 14' Depth) 5 days / 600 LF 3 days/ 600 LF Remove & Replace Wastewater Line ( > 14' Depth) 7 days / 600 LF 5 days / 600 LF Rehab Wastewater Line Pipeburst ( <_ 14' Depth) 5 days /.600 LF 3 days / 600 LF Rehab Wastewater Line Pipeburst ( > 14' Depth) 7 days / 600 LF 5 days / 600 LF Rehabe Wastewater Line CIPP 5 days / 600 LF 2 days / 600 LF Point Repair Wastewater Line ( :- 14' Depth) 3 days [ ea 1 day / ea Point Repair Wastewater Line ( > 14' Depth) 4 days / ea 2 days / ea Well Pointing for Wastewater Lines 1 day / 400 LF 0 days / D.O. Control of Wastewater Flows 1 day / D.O. 0 days / D.O. Clean & CCTV Wastewater Lines 1 day / 1200 LF 1 day-/ 1200 LF. Remove & Replace Wastewater Manhole 3 days / ea 2 days / ea Rehab Wastewater Manhole (FRP or Type A / Type B) 2 days / ea 1 day / ea Remove & Replace Driveway or Sidewalk 2 days / 400 SF 1 1 day / 400 SF �.00e; — nurhing lime Shown In this table is in CALENDAR DAYS. 2. Emergency Delivery Orders require a 3 hour response. 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. Proposal Form Page 29 of 32 The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of e fol o in a denda is ackn edged (addenda number) : Respectful bmitte Name: By: 1 iam Kreidlex; ice President (SEAL - IF BIDDER IS (SIGNAT�UF ) a Corporation) Address: 9810 FYk69 (P.O. Box) (Street.) -- Austin, TX 78724 (City) (State) (Zip) Telephone: 312 -666 -7700 VOTE: Do not detach bid from other papers_ Fill in with ink and submit complete with attached papers. {Revised August 2000} Proposal Form Page 30 of 32 PERFORMANCE BOND STATE OF TEXAS § BOND No. 105909015 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That National Power Rodd_ing Corp. of the City of Austin , County. of Travis , and State of "Texas , as principal ( "Principal "), and Travelers Casualty and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or, "OWNER "), in the penal sum of FIVE MILLION FIVE HUNDRED THOUSAND AND NO1100 U.S. Dollars ($5,500,000.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 19TH of MARCH, 2013, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB ID /IQ PROCUREMENT PROJECT NO. E12161 (TOTAL AWARD; $5,500,000.00) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the. plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed 'thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond. is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. ._ The undersigned agent is hereby designated by the Surety as the Resident. Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 25th day of March , 20'13. PRINCIPAL National Power Roddin 9 Corp. B Title: Harold Kosova, Presi_"nt ATTEST- Secretary Willia ;' T. Kreidler Address: 9810 FM 969 SURETY Address: 215 Shuman Boulevard Austin, TX 78724 Naperville, IL 60563 Telephone: 630- 961 -7005 Fax: 866 -216 -59,79 E -Mail: orincon @travelers.com (Rev. Date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch and Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi Texas 78404 (City) (State) (zip) Telephone: 361 - 883 -3803 - E -Mail: kwoods @keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 AM TRAVELERSJ TO OBTAIN INFORMATION OR MAKE A COUPL,� INT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn-, Claims 1500 Market Street West Tower, Stfite. 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3.102 Fax You may contact the Texas Department of insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P-0. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND, This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code., and Section 53.202, Property Code, effective September 1, 200L TRAVELERSJM POWER OF ATTORNEY Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, (herein collectively called the "Companies ") and that the Companies do hereby make, constitute and appoint Rosemary Muliere, Moises Alcantar of Chicago, IL; Judy A. Seith of Brookfield, WI; Kathy Anderson, Evonne Brown, Brenda D. Hockberger, Gina M. Damato, Oscar F. Rincon, Cindy Genslinger, Heather Meneghetti, of Naperville, Illinois, their true and Iawful Attorney(s }in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings, and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this25tbay of March, 2013 Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America State of Illinois By: „ County of DuPage ss.Naperville Gail Schroeder, Vice President, Bond On this the25 tday of March 20 Nefore me personally appeared Gail Schroeder, who acknowledged herself to be the Vice President, Bond & Financial Products, of Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America, and that herself, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by herself as a duly authorized officer. In Witness Whereof; I hereunto set my hand and official seal. My Commission expires the 46 day of February, 2016. — OFFICIAL SEAL BRENDA D. HOCKBERGER NOTARY PUBLIC - STATE OF ILLINOIS W COMMISSION EXPIRES FEB 4, 2016 n J Brenda D. Hockberger, Notary�tublic This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America, which resolutions are now in full force and effect, reading as follows: TRAVELERS.! Insurance. In- Synch' STATE OF ILLINOIS COUNTY OF KENDALL i, Gina M. Damato a Notary Public in and for said County, do hereby certify that Oscar F. Rincon ` Attorney -in -Fact, of the: THE TRAVELERS INDEMNITY COMPANY TRAVELERS CASUALTY & SURETY COMPANY TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA FARMINGTON CASUALTY COMPANY SEABOARD SURETY COMPANY UNITED STATES FIDELITY AND GUARANTY COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ST. PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY Who is personally known to me to be the same person, whose name is subscribed to the foregoing, instrument, appeared before me this day in person, and acknowledged that they signed, scaled, and delivered said instrument for and on behalf of THE TRAVELERS INDEMNITY COMPANY TRAVELERS CASUALTY & SURETY COMPANY '— TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA FARMINGTON CASUALTY COMPANY SEABOARD SURETY COMPANY UNITED STATES FIDELITY AND GUARANTY COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ST, PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY For the uses and purposed therein set forth. _ Given under my hand and notarial seal at my office in the City of Na erville in said County, this 25th day of March A.D. 20 13 OFFICIAL SEAL Notary Pub li GINA M. DAMATO ENF UBLIC - STATE OF ILLINOIS SSION EXPIRES APRIL 05, 201 B PAYMENT BOND STATE OF TEXAS § BOND No. 105909015 CO -LINTY OF NUECES § KNOW ALL BY THESE PRESENTS: That National Power Ro_d_ding Corp. of the City of Austin , County of Travis and State of Texas , as principal ( "Principal "), and Travelers Casugly and Sure Company of America , a solvent company- duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests -may appear, all of whom shall have a right to sue upon this bond in the penal sum of FIVE MILLION FIVE HUNDRED THOUSAND. AND NO /100 U.S. Dollars ($5,500,000.00 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 19TH day of MARCH, 2013 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDlIQ PROCUREMENT PROJECT NO. E12161 (TOTAL AWARD: $5,500,000.00) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. .(Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom ry- service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 25th day of March , 2013. PRINCIPAL National Power Roddng Corp. B. Title: Harold Kosova,PresiA__1 ATTEST: Secretary T Willies T.Kreidler SURETY Travelers Casadtv and Surety Company of America By: Attorney -in- ac 04--a r F. Rincon. Address: 9810 FM 969 Address: 215 Shuman Boulevard Austin, TX 78724_ Naperville, IL 60563 Telephone: 630 -961 -7005 Fax: 866 -2 -16 -5679 - E- Mail: orincon0travclers.com Rev. Date May 2011 -Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Insurance Address: 1718 Santa Fe Street (Physical Street Address) Corpus Christi Texas 78404 (City) (State) (zip) Telephone: 361- 883 -3803 E -Mail: kwoods @keetchins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 10- OBTAIN INFORMATTON OR MAKE A COMPLAMr. You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint. at: Travelers Bond Ann. Claims IS 00 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on cornpanieg, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austi% TX 78714-9104 (80 0) 252-3439 ATTACH THIS NOTICE TO YOUR BOND, This notice is for information Only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. TRAVELERS J* POWER OF ATTORNEY Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, (herein collectively called the "Companies ") and that the Companies do hereby make, constitute and appoint Rosemary Muliere, Moises Alcantar of Chicago, IL; Judy A. Seith of Brookfield, WI; Kathy Anderson, Evonne Brown, Brenda D. Hockberger, Gina M. Damato, Oscar F. Rincon, Cindy Genslinger, Heather Meneghetti, of Naperville, Illinois, their true and lawful?Attorney(s}in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings, and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, tbis25tbay of March, 2013 Travelers Casualty and Surety Company Travelers Casualty , �and Surety Company of America r v" Lp'. ,,A 0 dLl State of Illinois By: 6 County of DuPage ss.Naperville Gail Schroeder, Vice President, Bond th March, 201f3 On this the 25 day of , Wore me personally appeared Gail Schroeder, who acknowledged herself to be the Vice President, Bond & Financial Products, of Travelers Casualty and Surety Company and Travelers Casualty and Surety Company — of America, and that herself, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by herself as a duly authorized officer. In Witness Whereot I hereunto set my hand and official seal. My Commission expires the 0 day of February, 2016. Brenda D. Hockberger, Notary Public OFFICIAL SEAL BRENDA D. HOCKBERGER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES FEB 4, 2078 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America, which resolutions are now in full force and effect, reading as follows: TRAVELERS1 Insurance. In- Synch`" STATE OF ILLINOIS COUNTY OF KENDALL 1, Gina M. Damato a Notary Public in and for said County, do hereby certify that Oscar F. Rincon Attorney -in -Fact, of tile: THE TRAVELERS INDEMNITY COMPANY TRAVELERS CASUALTY & SURETY COMPANY '.TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA FARMINGTON CASUALTY COMPANY SEABOARD SURETY COMPANY UNITED STATES FIDELITY AND GUARANTY COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ST. PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY Who is personally known to me to be the same person, whose name is subscribed to the foregoing, instrument, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of: THE TRAVELERS INDEMNITY COMPANY TRAVELERS CASUALTY & SURETY COMPANY TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA FARMINGTON CASUALTY COMPANY SEABOARD SURETY COMPANY UNITED S'T'ATES FIDELITY AND GUARANTY COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. ST. PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY For the uses and purposed therein set forth Given under my hand and notarial seaI at my office in the City of Naperville in said County, this 25th day of March A.D. 20 13 No Pub OFFICIAL SEAL ary GINA M. DAMATO NOTARY PUBLIC - STATE OF ILLINOIS COMMISSM EXPIRES APRIL 05, 2016 �SUPPUER NUMBER `-TO BE ASSIGNED BY CITY City of PURCHASING DIVISION �sti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST - City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered, If the question is not applica le, answer with "NA'. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: National Power Rodding Corp. P. O. BOX: 9810 FM 969 STREET ADDRESS: Austin CITY: TX ZIP: 7$724 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) T.TnrTU W 2. State the names of each "official of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NONE 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 NONE Proposal Form Page 31 of 32 RILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that suppl ental'statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: William T. Kreidler Title: ,Dice President (Type or Print) Signature of Certifying Date: 1215112 Person: X/,� 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 fall or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and 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 firth, 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 32 of 32 CERTIFICATE OF LIABILITY INSURANCEFE {MMfDbIYyyYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), ALITiiORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlflcate does rant confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. 540 W. MADISON CHICAGO, IL 60661 Attn: chicago.CertRequest@marsh.cnm CONTACT NAME: PHONE FAX ADDRESS:. �. INSURERS, AFFORDING COVERAGE NAIC # 227309- UMB- UMB -12 -13 NPRC INSURER A: Zurich American Insurance Company 96535 _ INSURED NATIONAL POWER RODDING CORP. Lexington Insurance Company INSURER B : 19437 INSURER C'. �I - POLICY NUMBER 2500 WEST ARTHINGTON STREET CHICAGO, IL 606124108 INSURER D — INSURER E: A GENERAL INSURER F: a.VVr_rwuca L tttIIrIL;AIt NUIUIidER: CHI- DO4655006 -02 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 140TWITHSTANDING 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TERMS, INSR LTR TYPE OF INSURANCE ADDL SUBR - POLICY NUMBER POLICY EFF IMMIDDfYYYYI POLICY EXP (MMIDDIYYYYI - LIMITS A GENERAL LIABILITY - GLO 9377201 -09 10131/2012 10131/2013 EACH OCCURRENCE $ 9,000,000 X COMMERCIAL GENERAL LIABILITY - / IV DAMAGE TO RENTED PREMISES Ea 9,000,000 CLAIMS-MADE P� OCCUR occurrence $ MED EXP (Any one person) $ 10,000 X XCU INCLUDED PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _ PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LO A AUTOMOBILE LIABILITY BAP 9377199 -09 1013112012 10131/2013 COMBINED SINGLE LIMIT X Ea accident 2,000,000 BDDILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per acdtlen[) $ AUTOS AUTOS HIRED AUTOS A NEb AUTOS AUTOS PROPERTY DAMAGE — Peraeadent $ B X UMBRELLA LIAB X 015438245 1013112012 1013112013 OCCUR _ EACH OCCURRENCE $ / 1,000,000 E %CE55LIAB CLAIMS -MADE {� .t�¢ _ AGGREGATE $ 1,000,000 DED X RETENTION$10,000 — - - -- -- A WORKERS COMPENSATION WC 9377202-09 1013112012 1013112073 K wCSTATU- oTW- $ AND EMPLOYERS' LIABILITY YIN ANY PROPRiETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? MN r A E.L.. EACH ACCIDENT $ 7000,000 {Mandatary in NH) ff yes, describe under E.L. DISEASE - EA EMPLOYE $ 1,000,000 DESCRIPTION OF OPERATIONS beiew E.L. DISEASE - POLICY LIMIT $ 1.000,000 DESCRIPTION OF OPERATIONS! LOCATIONS f VEHICLES (Attach ACORD Tay, Additional Remarks Schedule, it more Space is required) I RE: PROJECT #E12161 CITY -WIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDAQ PROCUREMENT. tt` THE CITY OF CORPUS CHRISTI IS AN ADDITIONAL INSURED UNDER GENERAL LIAB #LITY AND AUTOMOBILE LIABfLITY, BUT ONLY TO THE EXTENT THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. REQUIRED BY THEIR WRITTEN CONTRACT WITH CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 9277 CONTRACT ADMINSTRATOR, SylviaA @ectexas.com ACCORDANCE WITH THE POLICY PROVISIONS. B CORPUS CHRISTI, TX 78469 -9277 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988 -2010 ACORD CORRORATIpN, q11 rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD �J r Additional Insured - Owners, Lessees Or Contractors - ZURICH' Ongoing Operations - Scheduled Policy No. Efi. Date of Pol. Exp. Dale of Pol. Eft. Date of End. Producer No. Addl. Prem Rel rrn P GL09377201 -09 10/3112012 10/31/2013 11/06/2012 30060000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name of Person or Organization_ ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW SCHEDULE Location and Description of Ongoing Operations: ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A W BITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS, EXCEPT WHERE SUCH CONTRACT ORAGREEMENT IS PROHIBITED BY LAW _ Additional Premium: P, A. Section li — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of your ongoing operations performed for that insured at orfrom the corresponding location designated and described in the Schedule. However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law - B. With respect to the insurance afforded to any additional insured shown in the Schedule of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury" or 'property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. U -GL- 1465 -B CW (04/12) Includes copyrighted material of Insurance Seivices Office, Inc., with its permission. Page 1 of 1 Additional Insured — Owners, Lessees Or Contractors — Completed Operations — Scheduled . 9 ZUR[CW Policy No. Eff. Bate of Pol. Exp. Dale of Pol. Eff. Dale of End. Producer No. Add'I. Prem GLO 9377201 -09 10/3112012 10/31/2013 11 /06/2012 30460000 CONTRACT OR AGREEMENT IS PROHIBITED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY- This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Return Prern. Name of Person or Organization: Location and Description of Additional Completed Operations; Premiurn: ANY PERSON OR ORGANIZATION TO WHOM ANY LOCATION OR PROJECT WHERE YOU OR TO WHICH YOU ARE REQUIRED TO ARE REQUIRED TO PROVIDE ADDITIONAL_ PROVIDE ADDITIONAL INSURED STATUS IN A INSURED STATUS IN A WRITTEN CONTRACT WRITTEN CONTRACT OR WRITTEN OR WRITTEN AGREEMENT EXECUTED PRIOR AGREEMENT EXECUTED PRIOR TO THE LOSS TO THE LOSS, EXCEPT WHERE SUCH EXCEPT WHERE SUCH CONTRACT OR CONTRACT OR AGREEMENT IS PROHIBITED AGREEMENT IS PROHIBITED BY LAW BY LOW. Section II —Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the "products - completed operations . hazard". However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. All other terms and conditions of this policy remain unchanged. U -GL- 1466 -8 CW (04/12) Includes copyrighted malerial of Insurance Services Office, Ii ?c., with As permission. Page 1 of 1 POLICY NUMBER: BAP 9377199 -09 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: f BUSINESS AUTO COVERAGE FORM V 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. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 10-31-2012 Named Insured: CARYLON CORPORATION SCHEDULE Name of Person(s) or Organizalion(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON- CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. (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 Seclion II of the Coverage Form. CA 20 48 02 99 CA 983 (2 -99) Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 42 24 10 93 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 LIABILITY COVERAGE PART PRODUCTS=MPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 10/31/2012 12,01 A.M. standard time Policy No. GLO 9377201 -09 Named Insured CARYLON CORPORATION Countersigned by V/ SCHEDULE Number of Days' Notice 60 tAulnar¢ea Hepresentative) (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. CL sae (10 -93) CG 02 24 10 93 Copyr #gh1, insurance Services Oif Ge, Inc., 1992 Page 1 of 1 1 Blanket Notification to ethers of Cancellation ZURICW Policy No. X11. Date of Pol. Exp. Date of Pol. Eff. Dale of End. Producer No. Add'I. Preen Return Preen. LO 9377201 -09 110131/2012 ___110/31/2013 10/31/2012 30060000 THIS ENDORSEMENT CHANGES THE POLICY- PLEASE READ 17 CAREFULLY- This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Fart by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1- Must be initially provided to us within 15 days: a_ After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2- Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3- Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2- 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the dale the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable alter the effective date of cancellation to the first Named Insured. C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A- and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2- Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -GL -1I 14 -A CW (10 -02) includes copyrighted material of Insurance Services Oiiice, Inc., w,1h its permission Page 1 of 1 Endorsement # Cancellation By Us 19 ZURICH Policy No. E,ff. Date of Pol. Exp- Date of Pal. Pff. Date of End. Produeer Add'l Prem. Return Prem. BAP 9377199-09 10l3U2012 10131/2013 1013112012 3111)50000 Named Insured and Mailing Address: Producer: CARYLON CORPORATION 2500 WEST ARTMNGTON STREET CMCAGO, IL 64612 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided by the following: Boiler and Machinery Coverage Form Business Auto Coverage Form Commercial Crime Coverage Form Commercial General Liability Coverage Form Commercial Inland Marine Coverage Form Commercial Property Coverage Form Farm Coverage Form Garage Coverage Form Liquor Liability Coverage Form Motor Carrier Coverage'Form Pollution Liability Coverage Form Products /Completed Operations Liability Coverage Form Truckers Coverage Form SCHEDULE Number of Days' Notice: 60 (If no entry appears above, information required to eo�mplete this Schedule will be shown in the Declarations as applicable to this mdorsmrnt.) For airy 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, Signed by: Authorized Representative Date U -W -298 -B (CW) (4194) Page IofI V/ 5 Blanket Notification to Others of Cancellation Policy No. Ell. Dafe of PDI. I Exp. Dale of Pol, I Elf. Dale of End Producer No. Add'I. Prem Return Prem. BAP 9377199 -09 10/31/2012 1013112013 10/3112012 30060000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the-. Cornmerciaf Aullo Coverage Part A. if we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shorn in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within '15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled: 3. Must be in an electronic format that is acceptable 10 us; and 4_ Must be accurate, Such Schedule may be updated .and provided to us by the First Named Insured during the policy period, Such updated Schedule must comply with Paragraphs 2.3. and 4- above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A- of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C_ Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D_ Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2- Negate the canoellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B, of this endorsement. All other terms and conditions of this policy remain unchanged. Includes copyrighted malarial of Insurance Services Office, Inc., Wlh its permission. u- CA -xxx Page 1 of 1 Modification of Time for V/ Notice of Cancellation or Nonrenewal 0 ZURICH This endorsement modifies the cancellation or nonrenewal provisions of the policy and any other endorsement to the policy stating the number of days notice to be provided by us in the event of cancellation or nonrenewal. To the extent that the policy or other endorsement requires that we provide notice in the event of cancellation or nonrenewal, written notice will be given the insured no less than 60 days prior to the effective date of the cancellation or nonrenewal- Nothing in this cndorsemcnt modifies the number of days notice to be provided in the event of nonpayment of premium. Any of these provisions that conflict with a law that controls cancellation of the insurance in this policy is changed by this statement to comply with the law. U -WC -402 -A (CW) (5103) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U -WC -332 -A NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX — CONDITIONS F. Notification To Others Of Cancellation If we cancel this policy by written notice to you for any reason other than nonpayment of prerniurn, we will deliver electronic notification to each person or organization shown in a Schedule provided to us by you. Such Schedule: a. Must be initially provided to us within 15 days: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy; b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period. Such updated Schedule must comply with Paragraphs b. c. and d. above. 2. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to you. Delivery of the noidication as described in Paragraph 1. of this endorsement will be completed as soon as practicable after the effective date of cancellation to you. 3. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1. and 2- of this endorsement. 4. Our delivery of electronic notification described in Paragraphs 1. and 2. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 5. We are not.responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated_ (The information below is required only when this endorsement is isstYed subsequent to preparation of the policy.) Endorsement Effective 10/31/2012 Policy No. WC9377202 -09 d Endorsement No. Insured Carylon Corporation Premium $ American Zurich Insurance Company U -WC -332 -A (Ed. 01 -11) Includes copyrighted material of National Council on Compensation Insurance, Inc. used with its permission.