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C2014-030 - 2/18/2014 - Approved
CeWit 2014-03C 2/18/14 S P E C I A L P R O V I S I O N M2014-022 H&S Constructors Inc. S P E C I F I C A T I O N S ND'" FORMS O F C O N T R A C T S AND BONDS F O R WESLEY E. DAM fik. r310 SLUICE GATE REHABILITATION SEALS — PHASE 1 PREPARED BY: L. Freese and Nichols, Inc. 800 N. Shoreline Blvd. , Suite 1600N Corpus Christi, Texas 78401 Phone: 361/561-6500 Fax: 361/561-6501 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 - Fax: 361/826-3501 oF- t rE ,fl ea,�c s..00s�aocc � M. LESLIE BOYD l c.oe.o.ac.9,, ./ ocA.oV /6:3P:P39453oe, lT.', c'ST V.00 // - 2/- / 3 FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 [PRoJEcT NO: E 12074 [ DRAWING NO: WTR 433 • F !: ' 1 (Revised 7/5/00) WESLEY E. SEALE DAM r SLUICE GATE REHABILITATION - PHASE 1 . PROJECT NO. E12074 1 !: Table of Contents i NOTICE TO BIDDERS (Revised 7/5/00)L . NOTICE TO CONTRACTORS-A (Revised March 2009) ii Insurance Requirements ` i 1: NOTICE TO CONTRACTORS-B (Revised August 2008) < Worker's Compensation Insurance Requirements i't 1 , 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 is A-4 Method of Award A-5 Items to be Submitted with Proposal I r A-6 Time of Completion/Liquidated Damages lib A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals . A-9 Acknowledgment of Addenda I: A-10 Wage Rates (Revised 7/5/00) A A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services r A-13 Area Access and Traffic Control lip A-14 Construction Equipment Spillage and Tracking . A 15 Excavation and Rcmovalc (NOT USED) ,. A-16 Disposal/Salvage of Materials ill A 17 Field Officc (NOT USED) } A-18 Schedule and Sequence of Construction 1. A-19 Construction Project Layout and Control `" A-20 Testing and Certification ( 11 . A 21 Projcct Signs (NOT USED) i ' A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Rcquircd (Revised 7/5/00) (NOT USED) A-24 Surety Bonds A 25 Sales Tax Excmption (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements I: A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution 1 A-29 Contractor' s Field Administration Staff A-30 Amended "Consideration of Contract" Requirements ! , A-31 Amended "Policy on Extra Work and Change Orders" A-32 Amended "Execution of- Contract" Requirements A-33 Conditions of Work [■ A-34 Precedence of Contract Documents it A-35 City Water Facilities: Special Requirements . A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" Ir- r . .. H L TABLE OF CONTENTS 1 PAGE 1 OF 3 s I 1 1 t A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities • A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A-40 Amendment to Section B-8-6: "Partial Estimates" A 11 Ozone Advisory (NOT USED) Ir A-42 OSHA Rules and Regulations M A-43 Amended "Indemnification and Hold Harmless" (9/98) A-44 Change Orders (4/26/99) _ A-45 As-Built Dimensions and Drawings (7/5/00) r. A 16 Disposal of Highly Chlorinated Watcr (7/5/00) (NOT USED) A 17 Prc Construction Exploratory Excavations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended "Prosecution and Progress" D- . . - _ -o a co - o - o. -_ - (NOT USED) A 52 Storm Water Pollution Prevention Plan(NOT USED) A 53 Vidco Documentation (NOT USED) A 51 Electronic Proposal Form(NOT USED) A 55 Bypass Pumping Operations (Municipal Water Supply) (Not Used) Or' Submittal Transmittal Form QV PART B - GENERAL PROVISIONS T PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS (NOT USED) LL PART T - TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS r-, 010100 General Construction Requirements 013300 Submittal Procedures 015785 Care of Water During Construction DIVISION 2 - SITE WORK 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading S6 it 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers 022080 Embankment 025 Roadway 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base -" 027 SEWERS & DRAINAGE 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts S60 NI- P' b. TABLE OF CONTENTS PAGE 2 OF 3 nor • 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding S14 DIVISION 15 — MECHANICAL 150 MECHANICAL 151 MECHANICAL & PROCESS VALVES 151795 Sluice Gates DIVISION 16 — ELECTRICAL � 1 t: 160 ELECTRICAL 160 ELECTRICAL 161001 Electrical Materials S18 I LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT E: PERFORMANCE BOND PAYMENT BOND r i 4r TABLE OF CONTENTS PAGE 3 OF 3 U) W H 0 E-i U H El 0 z ,: L it-11 `rte ` _ H ..,. -4 ... ` ... ` • :: . ' L NOTICE TO BIDDERS !: Sealed proposals, addressed to the City of Corpus Christi, Texas for: Wesley E. Seale Dam Sluice Gate Rehabilitation - Phase 1, Project No. E12074; consists of the complete removal of (3) existing sluice gates and Il installation of (3) new replacement sluice gates (Owner Supplied - Gates E, • F, and G on the construction drawings) , including attachment of all appurtenances such that the gates are fully operable, in accordance with ` the plans, specifications, and contract documents; care of water for !, construction is the sole responsibility of the contractor ' during construction. Construction is likely to include divers, crane (s) , electrician, and de-water pumping operations. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of select products are to be provided by the Contractor and coordinated with the Engineer. Sluice gate work must be coordinated with the City to maintain municipal water supply at all times, but especially when closing the outlet tower with stoplogs and working on the lowest gate, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, December 18, 2013, and then publicly opened and read. !: Any bid received after closing time will be returned unopened. A non-mandatory pre-bid meeting is scheduled for 11:00 a.m. , Tuesday, December 10, 2013 and will be conducted by the City. The location of the meeting will be Wesley Seale Dam Operations Center, County Road 1 ' IIIII 365, Jim Wells County, Sandia, TX. All questions shall be submitted in writing to the Public Purchase Website by noon on the Wednesday one week before the bid opening. Inquiries made .after this period will not be ri addressed. , A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will IPconstitute a non-responsive proposal which will not be considered. I , kis 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. rPlans, proposal forms, specifications and contract documents may be found at the following website: . FP- k kr www.publicpurchase.com ' Contract Documents ma be downloaded or viewed free of char e at le may g �A this website. It is the downloader' s responsibility to determine that a complete set of documents, as defined in the Agreement are received. j k 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 iii 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 Revised 10/29/13 r I_ kr 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 r public. r. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Biles, P.E. Director of Engineering Services /s/ Armando Chapa � L,, City Secretary r , Iv C f r }fir k Revised 10/29/13 SIN _ — 0 0 0 E-1 H El 0 41 sikA LA LA 4,...,2 J L-11 IL— LiAll LAI x, t 0 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT r' 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 ® NOT REQUIRED bor contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements Oir ❑ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements REQUIRED ,`- ❑ NOT REQUIRED Page 1 of 2 • bit r. . The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. it The name of the project must be listed ,under "description of operations" on each certificate of insurance. • 11 For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. MO tio r r r Page 2 of 2 r NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS t- tr rir -y t 1 r r • ' • Pagelofl.l lr i L irt Texas Administrative Code is f TITLE 28 INSURANCE it PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION L CHAPTER 110 REQUIRED NOTICES OF COVERAGE 1 SUBCHAPTER B EMPLOYER NOTICES r RULE §110.110 Reporting Requirements for Building or Construction ; ' I. Projects for Governmental Entities (a)The following words and terms,when used in this rule, shall have the following meanings, N unless the context clearly indicates otherwise.Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. H in- (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' r 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 i,. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). j`„ (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. L (4) Coverage--Workers'compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). L (5) Coverage agreement--A written agreement on form TWCC-81,form TWCC-82, form TWCC-83, or form TWCC-84,filed with the Texas Workers'Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation I" r Act,pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G,as one of employer/employee and establishes who will be responsible for providing workers' or, compensation coverage for persons providing services on the project. bo (6)Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7)Persons providing services on the project("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and(i)of this section, includes all persons ror entities performing all or part of the services the contractor has undertaken to perform on the iti project,regardless of whether that person contracted directly with the contractor and regardless r. of whether that person has employees.This includes but is not limited to independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of fir any such entity, or employees of any entity furnishin g persons to perform services on the project. 1. ar Page 2 of 11 r IN "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project.."Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8)Project--Includes the provision of all services related to a building or construction contract for a governmental entity. r.. (b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers'compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage,or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other ., civil actions. (c)A governmental entity that enters into a building or construction contract on a project shall: fir' (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 to coverage shows that the coverage period ends during the duration of the project; and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5)retain certificates of coverage on file for the duration of the project and for three years thereafter; (6)provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7)use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 tho (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; E • (2)provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; [13 (3)provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A)a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and g (B)no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery,within ten '! days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice,without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; �r p J (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) ( ) � P P J ( )( ) of this section; Page 4 of 11 (D)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts,to perform as required by subparagraphs (A)-(H) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project, other than a contractor, shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3)have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage,the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage,will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation.Providing false or misleading information may subject the contractor to administrative penalties,criminal penalties,civil penalties, or other civil actions." (4)provide the person for whom it is providing services on the project,prior to the end of the )P 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; (7)notify the governmental entity in writing by certified mail or personal delivery,of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph(3) of this subsection; (D)provide,prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project,and provide as required by its contract: (i)a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts,to perform as required by this subparagraph and subparagraphs(A)-(G) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f)If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. Li (g)This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of 11 (h)The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes,Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i)The coverage requirement in this rule does not apply to sole proprietors,partners,and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly it 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 P § P P TexReg 5715; amended to be effective November 6, 1995,20 TexReg 8609 • t., .„„ s► r' L_. Page 7 of 11 tot • T28S110.110(d)(7) "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to ver fy whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." { f ' tI 1. I Page 8of11 I T28S 110.110(c)(7) Article . Workers' e.Compensation Insurance Coverage. g E, 'A. Definitions: Certificate of coverage ("certificate')-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096) - includes all persons ' or entities performing all or art of the services the contractor has undertaken to perform on the P f project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. •" C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1)a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage L _ showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9of11 r • II , F. The contractor shall retain all required certificates of coverage for the duration of the project { and for one year thereafter. L G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. E H. The contractor shall post on each project site a notice, in the text,form and manner ii prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and L filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project;L (3)provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of .0 coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one ti, year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the r contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- ,I Page 10 of 11 t Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. fir' r fir. t_ Page 11 of 11 I _ z cn 0 H C/) 0 El C4 a • ti ta till ii LI ti ill LI I 11 111 i1 WESLEY E. SEALE DAM SLUICE GATE REHABILITATION - PHASE 1 PROJECT NO. E12074 IS PART A - SPECIAL PROVISIONS is • f ww A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Ili Sealed proposals will be received in conformity with the official advertisement - inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until gm 2:00 p.m. , Wednesday, December 18, 2013. Proposals mailed should be addressed in the following manner: r City Secretary's Office MI City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - WESLEY E. SEALE DAM SLUICE GATE REHABILITATION - PHASE MIC 1 PROJECT No. E12074 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, ' their agent/representative, U.S. Mail, or other delivery service, to any City ilk, address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and 4., time of bid opening. ' A pre-bid meeting will be held on Tuesday, December 10, 2013, beginning at 11:00 a.m. The meeting will convene at Wesley E. Seale Dam Operations Center, County Road 365, Jim Wells County, Sandia, Texas. All questions shall be submitted in writing to the Consultant by noon on the Wednesday before the bid opening. Inquiries made after iii "" this period will not be addressed. wl Additional or separate visitations will be by appointment only. Of' Plans, proposal forms, specifications and contract documents may be found at the following website: iiir www.publicpurchase.com Contract Documents maybe downloaded or viewed free of charge at this website. It is the downloader' s responsibility to determine that a complete set of documents, as defined in the Agreement are received. wi- :1 A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. I Section A - SP Revised on 12/15/04 Page 1 of 26 de it - hi A-3 Description of Project ill WESLEY E. SEALE DAM SLUICE GATE REHABILITATION - PHASE 1 Project No. E12074 consists of the complete removal of (3) existing sluice gates and r installation of (3) new replacement sluice gates (Owner Supplied - Gates E, F, and G on the construction drawings) , including attachment of all il appurtenances such that the gates are fully operable, in accordance with the plans, specifications and contract documents; care of water for construction is the sole responsibility of the contractor during construction . Construction is likely to include divers, crane (s) , electrician, and de- watering pumping operations. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of select products are to be II WI provided by the Contractor and coordinated with the Engineer. Sluice Gate work must be coordinated with the City to maintain the municipal water supply • Ps at all times, but especially when closing the outlet tower with stoplogs and working on the lowest gate. Iii r A-4 Method of Award MO The bids will be evaluated based on the following order of priority, subject to the availability of funds: le 1. Total Base Bid -OR- t 2. Total Base Bid plus Any or All Combinations of Additive Alternates 1-3. FP J ii Explanation of Bid Items: Base Bid consists of all elements of the proposed work not specifically designated i as an additive alternate or work to be performed by others. The three replacement ) ir sluice gates have been pre-purchased by the City. The contractor will be required to t provide all other appurtenances necessary for completely operational gates. Contractor is also to build a crane pad of flexible base as indicated on the r drawings. Contractor may utilize the crane pad to perform his work but must leave 1 the crane pad in place for future use by the City. 1 - II Additive Alternate No. AA-1 consists of the provision of an electrician, on site for r full work day, all equipment and materials. This item will be measured by the work i ill day (7:00 a.m. - 4:00 p.m.) . Additive Alternate No. AA-2 consists of the provision of one dive team, on site for ( , a full work day, all equipment and materials. This item will be measured by the 01 work day (7:00 a.m. - 4:00 p.m. ) . 1 Additive Alternate No. AA-3 consists of the provision of one 250-ton wheeled crane I and team (rigger and operator and transport) , on site for a full work day, all II equipment and materials. This item will be measured by the work day (7:00 a.m. - 4:00 p.m. ) . RP I The City reserves the right to reject any or all bids, to waive irregularities and U to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. "Allowance" for unanticipated improvements are reserve amounts of funds to be OM included in all bids that may or may not become available for payments to the Contractor, at the City's discretion if the extent of the improvements exceeds the _ c l original estimated scope of work. Should the use of funds from this allowance I hi Section A - SP Revised on 12/15/04 1 . Page 2 of 26 1 1 Om Pf ( i J M P become necessary, the City will provide written authorization for the work to be performed at a price negotiated between the City and the Contractor. There is no guarantee that any of these funds will be used during the course of the project. A-5 Items to be Submitted with Proposal is The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Wesley E. Seale Dam Sluice Gate Rehabilitation - Phase 1 Project No. E12074 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. ) is 2. Disclosure of Interests Statement. A-6 Time of Completion/Liquidated Damages To minimize risk to the municipal water supply and to minimize their exposure to dangerous conditions, the Contractor will be required to follow scheduling for construction and will be required to remove and install one sluice gate at a time. The Contractor is required to complete the complete removal and re-installation of one sluice gate before proceeding to any other sluice gate, unless written authorization is given by the City Engineer to deviate from the sequence of construction. The Contractor will begin at the middle sluice gate (el. 73-79) and proceed with construction to the upper-most sluice gate second, and construction of the lowest sluice gate last. The working time for completion of the entire Project will be 45 calendar days. No additional time will be allotted for any Additive Alternate. r- Upon receipt of Intent to Award, Contractor shall prepare a proposed project schedule. The schedule shall address the expected procurement time for other gate appurtenances, mobilization, and preparatory items necessary before removing the upper sluice gate. City will then issue Notice to Proceed consistent with the proposed schedule. The work shall not proceed on a subsequent sluice gate until such time that the present gate is returned to service. Completion for each sluice gate installation shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and acceptance by the City. All : required submittals must be approved prior to beginning any construction. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at its cooperative station location 4 miles south-southwest of Mathis, Texas is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of IMF" construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days The contractor shall also anticipate work days lost to wind exceeding the allowable limit for crane operations. No extension of time will be considered for wind days Section A - SP Revised on 12/15/04 • Page 3 of 26 Mt p. • iii unless the Engineer has agreed that the status of construction was such that there :: was an impact detrimental to the construction schedule. r This project is essentially a construction contract for a period of 45 Calendar j Days, as detailed elsewhere in the contract documents. \, The Contractor shall commence work within ten (10) calendar days after receipt of • r* • written notice from the Director of Engineering Services or designee ("City ill Engineer") to proceed. 11 For each calendar day that any work remains incomplete after the time specified in r" the Contract for completion of the work, or after such time period as extended 'f il pursuant to other provisions of this Contract, $750.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will • sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may hm withhold and deduct from monies otherwise due the Contractor from the monthly pay estimates the amount of liquidated damages due the City. il A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the ri required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement he 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 i, permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. all A-8 Faxed Proposals 4 Proposals faxed directly to the City will be considered non-responsive. Proposals big must contain original signatures and guaranty and be submitted in accordance with Section 3-2 of the General Provisions. PP � LI ON 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- NB receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an r adverse effect when determining the lowest responsible bidder. , ; ill Section A - SP Revised on 12/15/04 Pw Page 4 of 26 a AI A-10 Wage Rates (Revised 7/5/00) it Labor preference and wage rates for Construction Type(s) : Heavy. In case of f._ conflict, Contractor shall use higher wage rate. Os Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any -. subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person I 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'-0 times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, "Definition of Terms", and Section B-7-6, "Working Hours". ) A-11 , Cooperation with Public Agencies (Revised 7/5/00) vo 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 at 811, the Lone Star Notification Company at 1-800-.669-8344, and Verizon Dig ALERT at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed: City Engineer 826-3500 Project Engineer 826-3500 A/E Project Engineer, Brian Bresler, PE. Freese and Nichols, Inc. 561-6500 fax: 561-6501 Streets & Solid Waste Services 826-1940 Traffic Engineer 826-3547 Police Department 886-2600 Water Department 826-1881 (826-1888 after hours) Wastewater Services Department 826-1800 (826-1888 after hours) SIT" Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1875 (826-1888 after hours) ,oi„ Parks & Recreation Department 826-3461 Wesley E. Seale Dam Work Coordinator826-1271 Mr" Wesley E. Seale Dam Foreman 826-1270 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably Section A - SP Revised on 12/15/04 • Page 5 of 26 i { obtained from existing as-built drawings, base maps, utility records, etc. and from rqf as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Mk In the event of damage to underground utilities, whether shown or not shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, 0. etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface, and the Contractor must pay for all fines and remediation that may result if sewage or M other liquid contacts the streets, storm water, water body or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines is must be provided by the Contractor. r. A-13 Area Access and Traffic Control a Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All-weather access O# must be provided to all residents and businesses at all times during construction. Thc Contractor must provide temporary driveways and/or roads of approved material during wet weather. Thc Contractor must maintain a stockpile of suitable material on the Project site to mcct the demands of inclement w athcr. ., The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary a ramps, etc. W The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. hp A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled OM materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. MO Streets and curb lines must be cl -ailed at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewers is allowed to Section A - SP Revised on 12/15/04 Page 6 of 26 MN I , kb r remain on the Project sitc or adjoining streets. ffr A-15 Excavation and Removals (Not Used) The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Cl an" dirt is defined as dirt that is capable of providing a good growth of grass when- applied with seed/sod and fertilizer. The f T dirt must be free of debris, caliche, asphalt, cone - - --_ -- • _ - - • . - detracts from its appearance or hampers the growth of grass. unlcsc otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, cte., arc to be considered subsidiary to the various bid items; therefore, no direct payment will be made to the Contractor. is ' A-16 Disposal/Salvage of Materials Other than graded rock rip rap (which must be left on site as directed'by the Wesley Seale Dam Work -Coordinator) , excess excavated material, broken asphalt, concrete, 1 • broken culverts and other unwanted material (including the old sluice gates and frames) becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no %; direct payment will be made to the Contractor. A-17 Field Office (Not Used) office at the construction site. The field office must contain at least 120 square feet of useable space. The field-office must be air conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the . City Engineer or his representative. The field office must be furnished with a Contractor. Thcrc is no separate pay item for the field office. A-18 Schedule and Sequence of Construction To minimize interruption to the City of Corpus Christi municipal water supply. and other riparian or water.rights in the Calallen Pool, the Contractor will be required to follow tight scheduling for construction and will be required to meet acceptance for each sluice gate in sequence before beginning work on the next sluice gate. The Contractor is required to complete each sluice gate and restore it to full working order before proceeding to any other sluice gate, unless written authorization is ON" given by the City Engineer to deviate from the sequence of construction. fro The working time for -completion of the entire Project will be 45 calendar days. No additional time will be allotted for any Additive Alternate. Start of construction on the first sluice gate' is delineated by the Notice to Proceed. Start of all subsequent sluice gate construction is delineated by the acceptance by the City of the previous sluice gate in full working order. Completion for each sluice gate shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and ""' acceptance by the City. M' The Contractor shall furnish a Construction Schedule of the work. The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project and broken down into construction for each sluice Section A - SP Revised on 12/15/04 Page 7 of 26 - f r. gate. This plan must detail the schedule of work for each sluice gate and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must also indicate the schedule of the following work items: is 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, ho identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Weekly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: r. A. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion/Liquidated Damages" and as noted above. - B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts R' will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and any schedule modifications that will occur during the period of the Contract. O N A-19 Construction Project Layout and Control N o The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. A minimum of one (1) control point - -_ _ _ -- - will be provided by al the City or Consultant Project Engineer for the Contractor's use to provide record data. Major controls and two (2) benchmarks, required for projcct layout, will be N The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is ncce°zany to disturb or destroy a control point or • z ' -- nginccr as necessary, at no cost to the Contractor. Control Section A - SP Revised on 12/15/04 Page 8 of 26 lr points or benchmarks damaged, disturbed or destroyed as a result of the Contractor's operations ncgl gcncc will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or I 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 r the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. The Contractor shall provide the following certification for documentation and Pm verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party hi' ndependent Registered Professional Land Surveyor (R.P.L.S. ) licensed in the State of Texas, retained and paid by the Contractor. The Third Party R.P.L.S. shall be r approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor R.P.L.S. and certify compliance to any regulatory permits. �•, Following is the minimum schedule of documentation required: - Streets: r - -- - ' -- -- ee' _ _ . • Strcct crowns on a 200' interval and at all intersections. N f- Wastewater: 14 • All rim/invert elevations at manholes; hf Water: • All top of valve boxes; • • Valve vault rims; • Casing elevations (top of pipe and flow line) ee _ -_ Stormwater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Owo A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the i_- 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 Used) • = *- _ . Section A - SP Revised on 12/15/04 Page 9 of 26 an f • • period by the Contracter. The loeatiefc of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) E... 1. Policy iiii It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. is 2. Definitions r a. Prime Contractor: Any person, firm, partnership, corporation, ` association or joint venture as herein provided which has been awarded a to City contract. fr b. Subcontractor: Any named person, firm, partnership, corporation, ill 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. ii c. Minority Business Enterprise: .A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American ems. Indians, Alaskan Natives, and Asians or Pacific Islanders. For the ill purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner , : , hereinafter set forth: 1. Owned r. (a) For a sole proprietorship to be deemed a minority business f ' ill enterprise, it must be Owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property r must be owned by one or more minority person(s) . ill (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) . la 2. Controlled The primary power, direct or indirect, to manage a business • enterprise rests with a minority person(s) . w 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, all as the case may be, must be entitled to. receive 51.0% or more of the total profits, bonuses, dividends, interest payments, y° commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business 1 Section A - SP . Revised on 12/15/04 - Page 10 of 26 Ili IA • enterprise. r. 1 d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate F-, shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% t-1 interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be air 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: 40' Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's l percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, 00 • substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor Pir will indicate, in writing, the overall participation in these areas { ,. which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly .payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT USED) ilr Section A - SP Revised on 12/15/04 Page 11 of 26 it Nir 6 Inspection Division at thc various intervals of work for which a permit is required r and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. . Section B 6 2 of the Ccneral Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as km required by City. rr A-24 Surety Bonds ; I hp Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as . follows: r "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company ''' authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's Oa capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in an the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified IS 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 r 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 an $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the la United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) , Section B 6 22, "Tax Exemptien Provision", is deleted in its entirety and the r following substituted in lieu thereof. '. 6 "Contracts for improvements to real property awarded by the City of Corpus Chri.,ti ; 110* elects to operate under a separated contract as defined by Section 3.291 of Chapter tj 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, Ir or Such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. for If the Contractor cleets to operate under a separated contract, he shall: 1. Obtain the nceessary sales tax permits from the State Comptroller. 2. Identify in thc appropriate space on the "Statement of Materials and Other � 40 Charges" in the proposal form the coot of materials physically incorporated into the Project. 3. Provide resale certificates to suppliers. aw 1. Provide the City with copies of material invoices to substantiate the proposal value of materials. mis ( Section A - SP Revised on 12/15/04 !' Page 12 of 26 II Ow is . is for all Sales, Excise, and Usc Taxes applicable to this Project. Subcontractors arc eligible for sales tax cxcmptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to his supplier." A-26 Supplemental Insurance Requirements hi For each insurance coverage provided in accordance with Section B-6-11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior r written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 f - • 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section t- B-6-11 (a) of the General Provisions, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and SS expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or t ' 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, M, servants, or employees or any person indemnified hereunder. ft A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-ll of the General Provisions is amended to include: Section A - SP Revised on 12/15/04 Page 13 of 26 Ow i la p i N i Contractor must provide Buildcr'c Rick or Installation Floater insurance Is coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk or Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary 4% (•; to procure such Builder's Risk or Installation Floater insurance coverage, ha including any deductible. The City must be named additional insured on any policies providing such insurance coverage. � I A-28 Considerations for Contract Award and Execution N 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 i {„t 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 61 • 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 P. released, the bidder shall state why the claim has not been paid; and t. 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 i NO why the claim has not been paid. r. A bidder may also be required to supply construction references and a financial . j statement, prepared no later than ninety (90) days prior to the City Engineer's NO request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, 1: 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 t: , following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily be limited to, 1 iii scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures.. a The superintendent shall be present, on the job site, at all times that work j bo is being performed. . 2. Foremen, if utilized, shall have at least five (5) years recent experience in 1 similar work and be subordinate to the superintendent. L_J Foremen cannot act as superintendent without prior written approval from the -, P-” City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or r - " replacements thereto, must be approved by the City Engineer in writing prior to such i hi Section A - SP Revised on 12/15/04 _ r Page 14 of 26 I 1 No L superintendent assuming responsibilities on the Project. Ow ha Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to Section B-7-13 of the General Provisions. hp A-30 Amended "Consideration of Contract" Requirements x. Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-3-1 "Consideration of Contract", add the following text: "Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must 1110 submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and r- substantiation, either through appropriate certifications by federal agencies '' or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible; 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. .;. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, irk it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this u , provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13 of the General Provisions; V" 7. A preliminary progress schedule indicating relationships between the major Section A - SP Revised. on 12/15/04 Page 15 of 26 be r i .111 1 components of the work. The final progress schedule must be submitted to the City Engineer at the pre construction conference; 8. Documentation required pursuant to Special Provision A-28 concerning "Considerations for Contract Award and Execution" and Special Provision A-29 j concerning "Contractor's Field Administration Staff"; ill 9. Documcntation as rcquircd by Special Provision A 35 K, if applicablc; 10. Within five (5) days following bid opening, submit in letter form, information i 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 r execute contracts on behalf of said entity." i It A-31 Amended "Policy, on Extra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-8-5 "Policy on Extra Work and Change Orders", the present text is deleted and replaced with the following: l: "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 o r his designee.nee. The Contracto r also acknowledges es that the City Engineer may authorize change orders which do not exceed $25,000.00. 6 The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council." e' A-32 Amended "Execution of Contract" Requirements , Under "General Provisions and Requirements for Municipal Construction. Contracts", Section B-3-5 "Execution of Contract", add the following: IN H "The award of the Contract may be rescinded at any time prior to the date the L, City Engineer delivers a contract to the Contractor which bears the signatures r - 1: of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed ( I: Contracts to the Contractor." ) ! I A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the be 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 encouraged � , to attend the Pre-Bid Meeting referred to in Special Provision A-1. J • A-34 Precedence of Contract Documents , t ill In case of conflict in the Contract Documents, first precedence will be given to ,J 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 r--, plans, fourth precedence will be given to the Standard Specifications; and the hit General Provisions will be given last precedence. In the event of a conflict ; I between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation "Standard Specifications for - C Construction of Highways, Streets and Bridges", ASTM specifications, etc., the Section A - SP Revised on 12/15/04 ■ LPage 16 of 26 . , bm 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. 1: A-35 City Water Facilities: Special Requirements A. Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and ach of their employees must have on their person a valid card certifying thcir prier attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorizcd City Water Department personnel B. Operation of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other, authorized maintenance employee of the City Water Department. C. Protection of Water Quality . The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the T' water. D. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspectien of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Standard Cpccifi. ationc. Such materials inclbde all selvents, cleaners, lubricants, gaskets, thr ad compounds, coatings, er hydraulic equipment. These items must not be used unless they conform to ANSI/NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use, The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF water. E. Handling and Disposal of Trash r All trash generated by the Contractor or his employees, agents, or subcontractors • must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. St- CONTRACTOR'S ON-SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, i Vii► blue, or white. Each employee uniform must provide company name and individual employee identification. G. Contractor shall provide telephones (can include cellular) for Contractor personnel. Plant telephones are not available for Contractor use. Section A - SP Revised on 12/15/04 4 Page 17 of 26 b. I H. Regular working hours will be 7:00 am - 4:00 pm M-F. Working hours can be [11 extended to 24 hours a day, 7 days a week by request of the contractor as needed for critical items for which the City is in agreement. Work schedule outside of regular hours must be arranged in consultation with the Wesley E. Seale Dam Work ', ' Coordinator, David Lozano (361)826-1271. I. Contractor must not use any City facility restrooms. Contractor must provide r own sanitary facilities. 1 IN J. All Contractor vehicles must be parked at the designated site, as designated ,_) by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed inside the City of Corpus Christi security fence, however a small City owned parking lot and parallel NN parking is available outside the fence. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or t: as directed by City Water Department personnel during emergency evacuation. i . I I by qualified technical and oupervi;ory personnel, as determined by mccting the ill programming, cuotemizirg, wing, calibrating, or placing . in operation all hardware and/-er ceftwa epee-ificd er required by these opccifi ations. The Contractor er his subcontraeter grepesi g to perform the SCADA work must be able , I: 'LA 1. Hc io regularly engaged is the computer based monitoring and control system NO 2--ile has performed work on ;y;tcm; of comparable size, type, and complexity ao yearo. j L 4. Hc employs a Rcgisbebed Professional Engineer, a Centrol Systems Engineer, or an I: specifications. f . He. employe personnel of this Project who have successfully completed a manufacturer's training ceer;c in configuring and implementing the specific computcre, RTS€'s, and seftwa-ee proposed for the Contract. ' tmiles of the Prejoet site to maintain, repair, calibrate, and program the system; specified herein. 7. He shall furnieh equipment whIeh is the product of one manufacturer to the ( ' rwl maximum practical e*teet. Where this is net practical, all equipment of a given I type will be the product of one manufacturer. ` :: Project. ' LA 9. The Contraeter shall preddee all filled out programming blocks required to show the programming as needed and required, te add these two systems to the existing U_ i: City SCADA system. Attached is an example of the required programming block; 1 is not iatendcd te chew all of the required ;hecto. The Contractor will provide f-' "''` ell programming block; used. Section A - SP Revised on 12/15/04 _ r Page 18 of 26 lir r 6. PL • L. Trenching Requirements (: . performed using a backhee er hand diggiag due to the number of existing underground obstructions. No trenching machines shall be allowed on the Project. A-36 Other Submittals (Revised 9/18/00) LO 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing or other required submittals such as the Closure Plan: a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency quality print or else a PDF for all shop drawings. r c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially number each transmittal form. Resubmittals must have the original r 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. i d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent ' construction work, and coordination of information, is all in accordance with' the requirements of the Project and Contract Documents. %O- . e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. • f. Marking: Contractor must mark each copy to identify applicable I" 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 the successful performance of the completed work. it- h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by the 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, through Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's Section A - SP Revised on 12/15/04 Page 19 of 26 thr selection. , L3. Test and Repair Report: When specified in the Standard or Technical Specifications Section, Contractor '° must submit three (3) copies of all shop test data, and repair report, all on- site test data, and any care of water plans within the specified time to the LA City Engineer for approval. Otherwise, the related equipment will not be approved for use on the Project. , i: 4. Plans: j a. Work Plan and Schedule: must be submitted to the City for approval 3 kw days prior to the pre-construction meeting. b. . Safety Plan: must be submitted to the City for approval prior to any I: work activities on site. c. Closure Plan: must be submitted to the City for approval 14 days. prior to outlet tower closure with stop logs. i: d. Flood Plan: must be submitted to the City for approval 14 days prior to {• . working on the outlet tower sluice gates. :: e. Construction Dewatering Plan: must be submitted to the City for approval 14 days prior to dewatering the outlet tower for construction. . l: LA A-37 Amended "Arrangement and Charge for Water Furnished by the City" ! Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-6-15 "Arrangement and Charge for Water Furnished by the City", add the t: following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This i i: includes implementing water conservation measures established for changing � i conditions. The City Engineer will provide a copy of the Plan to Contractor tit at the pre-construction meeting. The Contractor will keep a copy of the Plan I: I on the Project site throughout construction." ( y A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities t t: The requirements of "Notice to Contractors-B" are incorporated by reference in this I ' Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT USED) The iscuancc of a ccrtificatc of occupancy for improvcmcnts docc not constitutc !: i A-40 Amendment to Section B-8-6: "Partial Estimates" f1 L "General Provisions and Requirements for Municipal Construction Contracts" Section -i 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 ( ' ti Section A SP Revised on 12/15/04 Page 20 of 26 I , !a i 1 !o''' r bit acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (Not Used) Priming and hot mix paving eperatieis mct not be conductcd on days for which an t: , ozonc advisory has boon issucd, cxccpt for rcpairc. The City Enginccr will notify Contractor about ozonc alcrt. If a dclay such as this is cxpericnccd, thc day pricc indicatcd in thc proposal. . A-42 OSHA Rules and Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules t: and regulations while performing any and all City-related projects and/or jobs. A-43 Amended "Indemnification and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-6-21 "Indemnification and Hold Harmless", text is deleted in its entirety and the following is substituted in lieu thereof: u . t:' "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." A-44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change OF order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and t'"1, locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions/field changes. Section A - SP Revised on 12/15/04 Page 21 of 26 6. C b. Changes in equipment and dimensions due to substitutions. � ' c. "Nameplate" data 'on all installed equipment. d. Deletions, additions, and changes to the scope of work. � , e. Any other changes made. • 1: 1 - A-46 Disposal of Highly Chlorinated Water (Not Used) particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive i areas. These arc rcgulatcd by numerous agencies ouch as TCEQ, EPA, ctc. It will be ; ' the Contractor's responsibility to comply with the requirements of all regulatory 1 shall be submitted to the City for approval. There shall be no separate pay for E disposal of highly chlorinated water. The Contractor shall not use the City's � ! sanitary sewer system for diapecal of contaminated water. I , A-47 Pre-Construction Exploratory Excavations (Not Used) Prior to any censtruction whatsoever on the Project, the Contractor shall excavate L- and expose all existing pipclincs of the Project that cross within twenty feet (20') of proposed pipelines of the Projeet, and the Contractor shall survey the -exact I ! I vertical and horizontal location of each crosaing and potentially conflicting t_i pipeline. 1: For existing pipelines which parallel and arc within ten feet (10' ) of proposed - 1 ' pipelines of the Project, the Contractor shall excavate and expose said existing pipclincs at a maximum spacing of 300 feet O.C., and the Contractor shall survey the fl O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval I , indicating the owner of pipelines excavated and surveyed, as well as the approximate t: I 1 station thereof, distance- to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work on the Project until all • report. Exploratory excavations shall not be paid for separately, but shall be considered I : subsidiary to items that require excavations. Any pavement repairs a: ociated with - I SO exploratory excavations shall be paid for according to the established unit price(c) for pavement repair. Contractor shall provide all his own survey work effort (no I: i_i A-48 Overhead Electrical Wires (7/5/00) !)'"` The Contractor shall comply fully with all OSHA safety requirements with regard to li proximity of construction equipment beneath overhead electrical wires. There are , j ims many• overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence,. precautions, etc., to ensure A`"" that adequate safety is- provided for all of its employees and operators of equipment i Section A - SP Revised on 12/15/04 r ' r° Page 22 of 26 HIV i l t and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. AEP customer service can be reached at 361-881-5401 (Patrick King) . Some overhead lines may be shown in the construction plans, while others are not r shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", t: Section B-8-11 "Maintenance Guaranty", add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of 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." F- A-50 Amended "Prosecution and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts", Section B-7 "Prosecution and Progress", add the following: "Funds are appropriated by the City on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Dewatering and Disposal of Ground Water (Not Used) As part of the Projcct requirements, the Contractor shall perform dcwatcring, depressurization, draining, controlling and disposal of ground water in cxcavationo Ground Water". A-52 Storm Water Pollution Prevention Plan (Not Used) kir This Project is required to have a Noticc of Intent (NOI) submitted as per Part II.D of the TPDES Ccncral Permit No. TXR150000. The Contractor will be required to r. for this Project. . The Contractor is required to provide copies of the NOI and Construction Site Notice t:- activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it -authorities, prior to commencement of any construction activities. The Contractor t- will be required to submit a Notice of Termination (NOT) upon completion of this Project. Section A - SP Revised on 12/15/04 Page 23 of 26 F . Documents. il A-53 Video Documentation (Not Used) As part of thc Projcct rcquircmcnts, thc Contractor sha perform televised inspections of all wastewater (sanitary sewer) and storm water gravity lines and L r shall. with Standard Spccifi ation Scction 027611 "Television Inspcction of Conduits". f1 Ill A-54 Electronic Proposal Form (Not Used) "General Provisions and Requirements for Municipal Construction Contracts" Section B-2-7 "Preparation of Proposal" is amended as follows: ; The bidder has the option of submitting a computer generated print-out, in lieu of trthe Proposal Form (Pages 3 through 7, inclusive) . The print out shall list all bid Form (Pages 3 through 7, inclusive) . The print out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print out, the I print out shall be accompanied by properly completed Proposal Form pages 1, 2, 38, 39 and 40. In addition, the print out shall contain the following statement and signature, iii ..A after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print out for bid items (including any additive or deductive alternates) contained on the Proposal iii Form arc the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit 1: bid price (Column IV) shown on this print out by the respective estimated quantities shown on-thc Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) t: (Date) " A-55 Bypass Pumping Operations (Municipal Water Supply) (Not Used) P ! a. Ccncral: Municipal Water Supply Bypass Pumping operations shall not commence until a completed Cloaurc Plan and Municipal Watcr Supply Bypaaa Plan have been !: Bypass Plan must be submitted to the City for approval at least 14 days prior to the planned closure. The contractor is responsible for bypass pumping the City of e e [ cfs - 65 MCD) during any closure aad must submit a Municipal Water Supply Bypass Plan. tit - r Pumping capacity of the bypass pump(o) shall be capable of bypass pumping the City 65 MCD) at all times and shall have minimum of 1/3 additional capacity in an on starting pumps (Codwin, Griffin, Rain for Rent, or approved equal) . Pumps shall be l'S 1t . • Section A - SP Revised on 12/15/04 [a . Page 24 of 26 i1 1I [: 1 r. (10 fcct from pump) and a diesel day tank with a minimum 24 hour runtimc without refuel. • c. Inclement W ather: The contractor is responsiblc for municipal watcr supply and other watcr allocations downstream of Wesley E. Scale Dam for the duration of any a day. The contractor should prepare for rise of lakc levels due to precipitation or other sources by providing a Flood Plan to the City for approval 14 days prior to any closure of the outlet tower. The Flood Plan should include any contingencies F' d. Bypass Operations: responsible for field verification of pumps, piping, and equipment, etc., matching approved submittal specification and performance levels. 2) The Contractor is responsible for operation and maintenance of the bypass pumping system and fuel for the system, 24 hours a day for the duration of any construction related outlet tower closure. 1- 3) Before beginning bypass operations, the Contractor shall provide emergency contact info/cell phone number of bypass operators/monitors, project 1: ' superintendent, and pump supplier to the City Engineer's designee. 4) Once the Municipal Water Supply Bypass Plan is approved and 72 hours prior to initiation of the bypass the Contractor is responsible for setting up a meeting the approved bypass plan and verify that the site installation conforms to the approved plan. following or preceding a City holiday. 6) The City is permitted through the Texas Commission on Environmental Quality to operate the municipal water supply system. The final authority comes from the reserves the right to halt the bypassing operation at any time in order to maintain public health and safety. equipment being proposed for use. The approval pretocol is as follows: The Contractor prepares and submits the plan to the Engineer. The Engineer reviews the department. items: 1) Size, type, and rating or pumps. 111, ' 2) Size and type of inlet and discharge piping. 4) Central arrangement/type of additional support equipment. [41- 5) The Contractor's list of persenncl operating the bypass system (for each shift for 24 hour a day operation for the duration of the project) . 6) Discharge lo ation. 8) Handling of flows: Contractor is responsible for a°curing that the City of Corpus allocations, riparian rights, diversion rights for irrigation, other municipal, industrial, or other uses is provided downstr am of Wcslcy E. Scale Dam during any closure of the outlet tower for sluice gate construction— • g' Section A - SP Revised on 12/15/04 Page 25 of 26 L. riL L 1; SUBMITTAL TRANSMITTAL FORM (_ PROJECT: Wesley E. Seale Dam Sluice Gate Rehabilitation - Phase 1 � Project No. E12074 OWNER: City of Corpus Christi ENGINEER: Freese and Nichols, Inc. CONTRACTOR: SUBMITTAL DATE: _ SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Sheet 2 - General Notes Safety Plan 1; Technical Specification 010100 Work Plan and Schedule � ? Technical Specification 015785 Closure Plan Technical Specification 015785 Flood Plan I: Technical Specification 015785 (Outlet Tower) Construction Dewatering Plan j Technical Specification 015795 Manufacturer's Drawings and Data I; Technical Specification 015795 Manufacturer's Installation Data Technical Specification 015795 Installation Plan 1: Technical Specification 015795 Materials List j1 Technical Specification 015795 Record Drawings 1 toII ' re, Section A - SP Revised on 12/15/04 It Page 26 of 26 r-: L' AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 18th day of February , 2014, 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 H&S Constructors, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $349,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WESLEY E. SEALE DAM SLUICE GATE REHABILITATION PHASE 1 PROJECT NO. E12074 - REBID (TOTAL BASE BID: $349,000.00) 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. Feb-2014 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 45 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. r Page 2 of 3 Rev. Feb-2014 Pow E I ' E . ATTEST: CITY • •RPUS ' HR STI I TILL.e.e_e_ /,../,,,,,t-, By , r ■� City Secretary Gustavo G inzalez, P.E Assistant e'ty Manager if Public Works & Utilities APPRO • AS T• EGAL FORM: [ i By: J By: Asst. City i .rney Daniel Biles, P.E. Executive Director of Public Works CONTRACTOR ATTEST: (If Corporation) H&S Constructors, Inc. / / . 1 y Byal 1 E .024_ __Agi& A ,• (Sea :elow) ill A A ma (Note: If Person signing for corporation is not President, 1616 Corn Products Rd. attach copy of authorization (Address) to sign) Corpus Christi, TX 78409 (City) (State) (ZIP) 361/289-5272 klaechelin(a�hsconstructors.com (Phone) (Email) 2 I .::-/At . ) , own._ - Ei.,,,r„,.......................iair..Aty 4„,... Page 3 of 3 Rev. Feb-2014 S S PROPOSAL FORM r FOR S a WESLEY E. SEALE DAM air SLUICE GATE REHABILITATION - PHASE 1 PROJECT NO. E12074 S S wr DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,TEXAS a4 S ilia• Page 1 of 8 1 is rm PROPOSAL Place: Date: 12/18/2013 411 Proposal of H&S CONSTRUCTORS. INC. is a Corporation organized and existing under the laws of the State of TEXAS I OR a Partnership or Individual doing business as r 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: WESLEY E. SEALE DAM SLUICE GATE REHABILITATION -- PHASE 1 PROJECT NO. E12074 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: rm f iI r hi Page 2 of 8 us WESLEY E.SEALE DAM SLUICE GATE REHABILITATION -PHASE 1 IIII PROJECT NO.El 2074 BASE BID ii I T It I III ---,TO ITEM EXtENSIOIJ ' UNIT PRICE IN (QTY X UNIT PRICE IN E I BID ITEM QTY&UNIT DESCRIPTION FIGURES FIGURES) J Al 1 Mobilization/Bonds/Insurance, LS complete in place,per Lump Sum $ 15.000 _ $ 15.000 , Construction of Crane Pad per drawings and hi A2 1 specifications,complete in place including provision LS and installation of RC pipe,all labor,materials, i ✓ equipment,and trades required,per Lump Sum $ 54,000 $ 54.000 lb Removal of old and installation of new owner provided Sluice Gate'F'at flowline elevation 86'per A3 1 drawings and specifications and to the satisfaction '° LS of Rodney Hunt,complete in place,all labor, materials,equipment,dewatering,and trades al $ 56,700 $ 56.700 required,per Lump Sum Removal of old and installation of new owner l provided Sluice Gate'E'at flowline elevation 73'per A4 1 drawings and specifications and to the satisfaction LS of Rodney Hunt,complete in place,all labor, i!' materials,equipment,dewatering,and trades $ 56.700 $ 56 '00 required,per Lump Sum Ili Removal of old and installation of new owner ✓ provided Sluice Gate'3'at flowline elevation 55.5' I AS 1 per drawings and specifications and to the Ln LS satisfaction of Rodney Hunt,complete in place,all , labor,materials,equipment,dewatering,and trades $ 56.700 $ 56.700 required,per jump Surrl y Care of Water During Construction,all plans r AS LS submitted and approved,installed and pumping, ill equipment and materials per Lump Sum $ 39,800 $ 39,800 t Rodney Hunt Sluice Gate Technician,on site for t il A7 DAY full work day,all equipment and materials per ay $ 3.350 $ 20,100 .._ A8 ALLOWANCE' Covering additional work related to the Crane Pad, Sluice Gate Rehabilitation,or other related items at the City's discretion $ 50.000.00 $ 50.00(1.00 TOTAL BASE BID (Items Al through A8) $ 349,000 rg ilk •the allowance may not be paid at all and will only be paid at the City's discretion for pre-authorized work ail r Ili Page 3 of 8 or 6 ilw a m It WESLEY E.SEALE DAM SLUICE GATE REHABILITATION-PHASE 1 PROJECT NO. E12074 ADDITIVE ALTERNATE BID ITEMS' t" ADDITIVE ALTERNATE NO.1 a r PART AA-1: Electrician lb I 1 II I III 1 IV ( V BID ITEM EXTENSION UNIT PRICE IN (QTY X UNIT PRICE IN lit BID ITEM QTY&UNIT DESCRIPTION FIGURES FIGURES) AA-1 1 Electrician,on site for full work day,all equipment r DAY and materials per Qgy $ 1.200 $ 1.200 is - f"" TOTAL ADDITIVE ALTERNATE NO.4 PART AA-1: $ 1200 a r ADDITIVE ALTERNATE NO.2 irrtl PART AA-2: Dive Team t II III IV 1 V < BID ITEM EXTENSION UNIT PRICE IN (QTY X UNIT PRICE IN L' . BID ITEM QTY&UNIT DESCRIPTION FIGURES FIGURES) AA-2 1 Dive Team,on site for full work day,all equipment DAY and materials per Day r $ 3.700 $ 3,700 iii TOTAL ADDITIVE ALTERNATE NO.5 PART AA-2: $ 3,700 bit ADDITIVE ALTERNATE NO.3 r ka PART AA-3: 250 Ton Crane and Team ir I I Ii y III IV V BID ITEM EXTENSION UNIT PRICE IN (QTY X UNIT PRICE IN BID ITEM QTY&UNIT DESCRIPTION FIGURES FIGURES) iIl 1 250 Ton Crane and Team(Operator and Rigger), 3 on site for full work day,at equipment and materials, DAY per pat $ 3.500 $ 3.500 Pp . _ _ - tir TOTAL ADDITIVE ALTERNATE NO.6 PART AA-3: $ 3.500 •The additive alternate bid items may or may not be authorized by the City Authorization of one additive alternate bid item by the City does not imply authorization of any other bid item Only author reed additive alternate bid items wit be measured for pay Payment will be contingent on performance Page 4 of 8 row a WESLEY E. SEALE DAM SLUICE GATE REHABILITATION-PHASE 1 a PROJECT NO.E12074 BID SUMMARY TOTAL-BASE BID PART DESCRIPTION TOTAL-BASE BID Total Bid Part A Items Ai through AB $ 349,000 TOTAL-ADDITIVE ALTERNATE NO.1 : PART DESCRIPTION TOTAL-AA-1 Total BId Part M-1 Item AA-1 $ 1,200 TOTAL-ADDITIVE ALTERNATE NO.2: PART DESCRIPTION TOTAL•AA-2 Total Bid Part AA-2 Item AA-2 $ 3,700 r TOTAL-ADDITIVE ALTERNATE NO.3: PART DESCRIPTION TOTAL-AA-3 iYt Total Bid Part AA-3 Item AA-3 $ 3.500 r Ilia r Page 5 of 8 I�r LI The undersigned hereby declares that he has visited the site and has carefully examin,:41 the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. I Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to 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. 1: Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than f.,ur counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 95 calendar aye from the date designated by a Work Order. No additional time will be allotted for any Additive Alternate. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the 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. 3 Receipt of the following addenda is acknowledged (addenda number) : ho Respectfully submitted: I+` Name: • t... • air: 401"' By: -al - I f Bidder is (SIN. ' ) a Corporation) Address: 1616 CORN PRODUCTS ROAD (P.O. Box) (Street) CORPUS CHRISTI, TX 78409 (City) (State) (Zip) kb Telephrme: 361.289.5272 r. NOTE: Do not detach bid from kb other papers. Fill in with ink and submit complete with attached papers. iRfvi: td August 2000) r I it Page 6 of 8 i { r I PERFORMANCE BOND I STATE OF TEXAS § BOND No.K09028675 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That H&S Constructors, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ("Principal"), and Westchester Fire Insurance Company a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of THREE HUNDRED FORTY-NINE THOUSAND AND NO/100 U.S. Dollars ($349,000.00 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 18TH of FEBRUARY, 2014, 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: WESLEY E. SEALE DAM SLUICE GATE REHABILITATION PHASE 1 PROJECT NO. E12074 - REBID (TOTAL BASE BID: $349,000.00) 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 r r W r 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. r 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 February , 2014. PRINCIPAL SURETY H& S C•1 _ uctors Westches Fire Ins rance Company_ B B _1%/f /.," y' y' Q/� Nanc Thomas, Attorney-in-fact_ Title: /Xt /p9Vr— ATTEST: `(ice 6-e/we—Le_ c Address: /7o COK/ f ©C/Cr3Address: W/eP()S d6i'f2JSi'1) 7k 7g4109 5555 San Felipe, Suite 1500 Houston, TX 77056 Telephone: 832-476-6767 Fax: 800-953-4542 E-Mail: nancy.a.thomasCa)aon.com a (Rev. Date May 2011) Performance Bond Page 2 of 3 a Name and address of Resident Agent of , Texas, for delivery of notice and service of process: Name: Michael Herrod ili Agency: Aon Risk Services Southwest, Inc. Address: 5555 San Felipe, Suite 1500 (Physical Street Address) r Ian Houston TX 77056 (City) (State) (Zip) r kii Telephone: 832-476-5834 r E-Mail: michael.herrodaon.com iiii Note: Bond shall be issued by a solvent Surety company authorized to do business in r i Texas, and shall meet any other requirements established by law or by OWNER under applicable law. r Note: Surety Agent's Original Power of Attorney must be attached hereto. iii Note: Date of Performance Bond must not be prior to date of contract. 1m END F is F iii F 6 r ills yr iiii (Rev. Date May 2011) Performance Bond Page 3 of 3 L r ii t�. I r I PAYMENT BOND I STATE OF TEXAS § BOND No. K09028675 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: That H&S Constructors, Inc. of the City of Corpus Christi , County of Nueces, and State of Texas , as principal ("Principal"), and Westchester Fire Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of THREE HUNDRED FORTY-NINE THOUSAND AND NO/100 U.S. Dollars ($349,000.00 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 18TH day of FEBRUARY , 2014 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: WESLEY E. SEALE DAM SLUICE GATE REHABILITATION PHASE 1 PROJECT NO. E12074 - REBID (TOTAL BASE BID: $349,000.00) kik 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 ills its 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 February , 2014. I PRINCIPAL SURETY H&S Constructo c. Westches Fire Ins r.nce Company • Title: tk---- 7,067\n— Nancy omas, Attorney-in-fact 6 ATTEST: taF- nom, r Address: /7J C- v RA ODUC. Address: &J2POS Cl//2/&1/ -oC 7,64295555 San Felipe, Suite 1500 Houston, TX 77056 try Telephone: 832-476-6767 Fax: 800-953-4542 E-Mail: nancv.a.thomasc aon.com (Rev. Date May 2011) Payment Bond Page 2 of 3 Name and address of Resident Agent of , Texas, for delivery of notice and service of process: kr Name: Michael Herrod Agency: Aon Risk Services Southwest, Inc. Address: 5555 San Felipe, Suite 1500 (Physical Street Address) Houston TX 77056 (City) (State) (Zip) Telephone: 832-476-5834 E-Mail: michael.herrodaaon.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. F Note: Date of Payment Bond must not be prior to date of contract. END r a r 6 I Rev. Date May 2011 Payment Bond Page 3 of 3 F r r Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other wnlien commitments of the Company entered:into the ordinary course of business(each a"Written Commitment'): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authonced to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or Otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise.to the extent that such action is authorized by the grant of powers provided for in suds persons written appointment as such attorney-in-fact • (3) Each of the Chaimran.the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-In-fact of Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Comnmitments or by specification of one or more particular Written Commitments (4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorzed,for and on behalf of the Company,to delegate in wrong any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Comntments of the Company as are specified in such written delegation.which specification may be by general rope or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Witten Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or wntten appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to been exclusive statement of die powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate,constitute and appoint Donna L Williams,Jennifer Copeland,Lisa Ward,Lupe Tyler,Margaret Buboltz,Michael J Herrod,Nancy Thomas, Stephanie Wiggins,Stephenie Whittington,Vanessa Dominguez,Wendy Stuckey,all of the City of HOUSTON,Texas,each individually if there he more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances, contracts and other writings in'the nature thereof in penaltiesnot exceeding Twenty Five million dollars&zero cents($25,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal?office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE'INSURANCE COMPANY this 29 day of May 2013. • WESTCHESTER FIRE INSURANCE COMPANY ���� a.,r Stephen M.}limey,hVme President �`sawCtt�' COMMONWEALTH OF PENNSYLVANIA .- COUNTY OF PHILADELPHIA ss. On this 29 day of May,AD.2013 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company,that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written, r ...h • ,� d•vu E caa►«oNwtcALr+ort+aeusxv,wr+u► `�'. cisa 4''1'r KAI�N PaEfa `p r . 2= turd i .yfa hsl e' .� ^ ` R1'!",anridM�tirNlsr6M' �4, VrcaryPWllc I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. In witness whereof.I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,thi2 5 thlay of February, 2014. { VtY"� -. •.•• • • ••• :•• • • "11//:/_, et v•rn t c, ,e _..---- .?°b A:ham 1.'Cell.),Assistant Kecurry It , THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 29,2015. { THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • 006986366 ' a r a SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION Ciitty y o of CITY OF CORPUS CHRISTI City Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. a COMPANY NAME: H&S CONSTRUCTORS, INC r P.O.BOX: 9014 STREET ADDRESS: 1616 CORN PROD RD CITY: cc ZIP: 78409 FIRM IS: I. Corporation [4 2. Partnership 3. Sole Owner ❑ 4. Association l�,_.Jl 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. I. 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) a NA 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 NA 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 its 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 NA ir — — PROPOSAL FORM PAGE 7 OF 8 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, is 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 knowingiy withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: KFITH I AFCHFLIN Title: EST.MGR. (Type orh'n1 is Signature of Certifying Date: Person: 12/18/2013 a DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. rs 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. vss c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- = 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 W 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 r Corpus Christi,Texas. is f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." „.. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. trr PROPOSAL FORM PAGE 8 OF 8 los tltr ____..'..4) - H&SCO-1 . OP ID: NG ACORL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� 03/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:361-884-2775 coNTACT Nicole Gonzales Carlisle Insurance Agency,Inc NAME: Corpus Christi Office Fax: 361-884-3470 (A/c°°,"N,Exq:361-884-2775 _ANC,No): 361-884-3470 500 N Water Suite 900 ADDRESS:nicoleg©carlisleins.com Corpus Christi,TX 78401-0234 Tom L Carlisle CIC INSURER(S)AFFORDING COVERAGE ___ NAIC# / INSURER A:Gemini Insurance Company 10833 _ INSURED H&S Constructors Inc ✓ INSURER a:Endurance American Ins Co 10641 P O Box 9014 INSURER c:Liberty Mutual Fire Ins Co 23035 Corpus Christi,TX 78469-9014 — _ INSURER D:Westchester Surplus Lines 10172 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER ' POLICY EFF I POLICY EXP TYPE OF INSURANCE - ------- LTR INSR VD I POLICY NUMBER (MM/DD/YYYY) I(MDD/YYYY) LIMITS ■GENERAL LIABILITY / W M/ EACH OCCURRENCE S 1,000,000 VMGP001173 07/01/2013 07/01/2014 DAMAGE 10 REN rED A X ',COMMERCIAL GENERAL LIABILITY V PREMISES(Ea occurrence) 1$ 100,000 CLAIMS-MADE X OCCUR I _ __ MED EXP(Any one person) S 10,000 X Intl Contractors PERSONAL&ADV INJURY l 5 r1,000,000 I',Pollution Liab GENERAL AGGREGATE S 2,000,000 X GEN'L AGGREGATE LIMIT APPLIES PER. 1 PRODUCTS-COMP/OP AGG I S 2,000,000 X POLICY 7I ECT ^ LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY / 1 COMBINED SINGLE LIMIT 1,000 000 _ V (Ea accident) S , C X ANY AUTO IA52691459547023 07/01/2013 07/01/2014 BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S _ X HIRED AUTOS X NON-OW PROPERTY DAMAGE S NED - AUTOS (Per accident S X I UMBRELLA LAB / X OCCUR EACH OCCURRENCE S 5,000,000 B EXCESSLIAB ✓ CLAIMS-MADE 1 EXC10004060300 07/01/2013', 07/01/2014 AGGREGATE $ / 5,000,000 DED RETENTIONS / � V. iS 1 WORKERS COMPENSATION / X WC STATU- '0TH-j AND EMPLOYERS'LIABILITY V i 'TORY LIMITS I I ER C 1 ANY PROPRIETOR/PARTNER/EXECUTIVE YI N 'WC2691459547013 07/01/2013'07/01/2014! E.L.EACH ACCIDENT I$ 1,000,000 OFFICER/MEMBER EXCLUDED' N/A' / — ---- --- ----- (Mandatory in NH) 7 E.L.DISEASE-EA EMPLOYEE' S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C ;Excess Liability �G27093784001 07/01/2013', 07/01/2014 Occurrenc 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project #E12074 Wesley E. Seale Dam Sluice Gate Rehab Phase 1 (ReBid) Certificate holder is named as an Additional Insured on the General Liability, Auto and Excess Liability when required by written contract. A Waiver of Subrogation is provided on the General Liability, Auto, Excess Liability and Workers Comp when required by written contract. CERTIFICATE HOLDER CANCELLATION CITYOFI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Capital Programs Contract Administrators AUTHORIZED REPRESENTATIVE PO Box 9277 Corpus Christi,TX 78469-9277 /`" ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD H8�SCO-1 PAGE 2 INSURED'S NAME H&S Constructors Inc OP ID: NG DATE 03/06/14 General Liability Includes: Preferred Contractors Pak Form # VSC34030410 which includes: 'dditional Insured- Owners, Lessees or Contractors- Automatic Status when required in construction agreement with you. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are complete. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in a written contract prior to a loss that his insurance must be primary to, or non-contributory with, such" other insurance. Blanket Additional Insured- Managers or Lessors of Premises ••ditional Insured - Lessor of Leased Equipment - Automatic Status when required in lease agreement with you. •dditional Insured - State or Political Subdivisions - Permits ••ditional Insured - Mortgagee, Assignee or Receiver ••itional Insured - Owners or other interests from whom land has been leased. General Liability Includes: Form # VSC34030410The General Liability Policy includes a Preferred Contractors Pak Endr providing Blanket Waiver of Subrogation coverage when required by written contract. Form # VSC34030410The General Liability Policy includes a Preferred Contractors Pak Endr providing 60 day notice before the effective date of cancellation if we cancel for any other reason by mailing or delivering to the first named insured. Form # CG20100413 The General Liability policy includes Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization • y person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your I•olicy. Form # CG20370413 The General Liability policy includes Additional Insured-Owners, Lessees or Contractors-Completed Operations Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury",that such person or organization be added as an additional insured on your policy. Commercial Auto Includes: Form # CA20480299 The Commercial Auto policy includes Designated Insured • y person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Form # CA04440310 The Commercial Auto Policy includes Waiver of Transfer of Rights or Recovery Against Others to Us (Waiver of Subrogation) Any 1•erson or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Form #AM02010610 The Commercial Auto policy includes an endorsement 1roviding that 60 days notice of cancellation will be furnished to the insured other than for nonpayment of premium, or 10 days notice after the r.olicy is cancelled for nonpayment of premium. orkers Compensation Includes: Form #WC420304A The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Form # WC992013 The Workers Compensation policy includes an endorsement 1roviding that 90 days notice of cancellation will be furnished to the insured other than for nonpayment of premium, or 10 days notice after the i.olicy is cancelled for nonpayment of premium, fraud or misrepresentation. Form # WC000106A for the Workers Compensation policy Longshoremen's and Harbor Workers' Compensation Act Coverage Endorsement Form # WC000311A for the Workers Compensation policy Voluntary Compensation and Employers Liability Coverage Endorsement (All officers and employees not subject to the workers compensation law.) Form # WC000201A for the Workers Compensation policy Maritime Coverage Endorsement ($1,000,000 limits per accident and $1,000,000 aggregate) NOTEPAD H&SCO-1 PAGE 3 INSURED'S NAME H&S Constructors Inc OP ID: NG DATE 03/06/14 Workers Compensation Includes: Form # WC000301 (TX) for the Workers Compensation policy Alternate Employer Endorsement Form # WC000301A (All Other States Except for Monopolistic States) for the Workers Compensation policy Alternate Employer Endorsement Excess Liability is follow form. Insurer(E) : Hallmark Specialty Insurance Type of Insurance: Excess Commercial Automobile Policy Number: 77HX13E8CD Policy Effective Date: 07/01/2013 - Policy Expiration Date: 07/01/2014 Limit: $1,000,000 Insurer (C) Liberty Mutual Fire Insurance Company Equipment Floater- Liberty Mutual Fire Ins. Co - Pol # YM2L9L459547033 Limit of Scheduled Equipment: $31,551,950 Deductible (Contractor Equipment) : $2,500 Riggers Any One Project Limit: $1,500,000 - Deductible (Crane) : $25,000 Rented/Leased Equipment Limit- $1,000,000 NOTEPAD:D� HOLDER CODE CITYOF1 H&SCO-1 PAGE 4 G !1 INSURED'S NAME H&S Constructors Inc OP ID: NG DATE 03/PAG14 Insurer ;C) Liberty Mutual Fire Insurance Company Installation Floater- Liberty Mutual -Fire Ins. Co - Pol # YM2L9L459547033 Poli. y ffect .ye Date,07/01/2013 - Policy Expiration Date 07/01/2014 L4.mit 75,'Oa0 Deduotibie. $ ,000 •See ed attach for Specific Additional Insured and 30 Day Notice o � f ' L ,�, Cancellations as required by`•tte'outstanding agreement. �/Lf�"'„i_Q 1 ,�, n 5 Policy:VMGP001173 CG 20 26 04 13 Insured Name: H&S Constructors,Inc. Number:36 Effective Date: 03/05/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED =DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Corpus Christi, Dept of Capital Programs,Contract Administrators, PO Box 9277,Corpus Christi,TX 78469-9277 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II ❑Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule,but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section III ❑Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s)or Organization(s): City of Corpus Christi Dept of Capital Programs Contract Administrators PO Box 9277 Corpus Christi, TX 78469-9277 Effective 03/05/2014 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Policy No: AS2-691-459547-023 Issued By: Liberty Mutual Fire Insurance Co. Effective Date: 07/01/2013 Expiration Date: 07/01/2014 Sales Office: 0198 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • Policy Number:'VMGP001173 VSC 3422 04 11 Insured Name: H&S Constructors,Inc. Number:35 Effective Date: 03/05/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following: Surplus Lines Taxes 592.13 flli p g' Stampin Fee:50.1 5 Commercial General Liability Coverage Part SCHEDULE Name of Person(s)or Organization:City of Corpus Christi Street Address:Dept of Capital Programs,Contract Administrators, PO Box 9277 City:Corpus Christi State:TX Zip Code:78469-9277 In consideration of an additional premium of$250.00 and notwithstanding anything contained in the policy to the contrary,it is hereby agreed that if the Company cancels this policy on or before the expiration date of the policy,the Company will mail or deliver to the person(s)or organization(s)shown in the schedule above, written notice of cancellation to the address included above not less than 30 days prior to the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply for the following reasons: a. non-payment of premium, or b. the policy is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. VSC 3422 04 11 Page 1 of 1 Policy Number: AS2-691-459547-023 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Number Organization(s): address: Days Notice: City of Corpus Christi Dept of Capital Programs 30 Contract Administrators PO Box 9277 Corpus Christi, TX 78469-9277 Effective 03/05/2014 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Organization(s): City of Corpus Christi Dept of Capital Programs 30 Contract Administrators PO Box 9277 Corpus Christi, TX 78469-9277 All other terms and conditions of this policy remain unchanged. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No.WC2-691-459547-013 Effective Date 03/05/2014 Premium$ Issued to H&S Constructors, Inc. WM 90 18 06 11 ©2011, Liberty Mutual Group. All Rights Reserved. Page 1 of 1 Ed. 06/01/2011