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HomeMy WebLinkAboutC2015-002 - 1/20/2015 - Approved 2015-002 c,r..4,02 1/20/15 , 012 m2015--- ding Power Rod . -- s . , • l TAL PROVISIONS National- ,_; -'-'s RE - ‘A T. 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',,''''' ' ' . --:-..'':-:- ` .7' ';'•-''''' : 'VICI,':."'",:::;-.!--::::::::.•::-'>.:Y;441:1,:,,,,,,:i.;-',.';','''',: '. ''',-;',..''''',7' '7.''.. '' ' '. ' '' L (Revised 12/07/06) TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 7 (PROJECT NO. E13111) Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) 007201 INSURANCE REQUIREMENTS (Revised 11/25/13) PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Ficld Officc (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A 21 Projcct Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspcction Rcquircd (NOT USED) A-24 Surety Bonds A 25 Salco Tax Excmption (NOT USED) (6/11/98) A-26 Supplemental Insurance Requirements A 27 Rcoponaibility for Damagc Claim° (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents • - _- ' ' o-- ' . -o. ' - -- (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" Rev. 8/03 Page 1 of 3 is L A-38 Worker' s Compensation Coverage for Building or Construction Projects for Government Entities 1: A 39 Certificate of Occupancy and Final Acceptance (NOT USED) A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory (NOT USED) A-42 OSHA Rules & Regulations 1: A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Dewatering/Well Pointing A 52 Electrical Submittal of Bids (NOT USED) A 53 Vidco Documentation (NOT USED) A-54 Trench Safety A 55 Confined Space Entry Requirements (NOT USED) A-56 Pavement Restoration and Project Clean Up A-57 Re-routing of Traffic During Construction A-58 Restoration of Private Property A-59 Access to Private Property A-60 Pipe Trench Bedding and Backfill A 61 Stormwatcr Pollution Prevention (NOT USED) A-62 Dust Control A-63 Noise Control and Working Hour Restrictions A-64 Other Accessibility Requirements A-65 Maintenance and Control of Wastewater Flows A-66 Regional Transportation Authority (RTA) Contract Documents (NOT USED) A-67 Coordination with AEP, AT&T, and Other Utility Companies ATTACHMENTS • ATTACHMENT 1: Submittal Transmittal Form PART B - GENERAL PROVISIONS PART C - FEDERAK WAGE RATE REQUIREMENTS PART S - STANDARD SPECIFICATIONS 1: 021 SITE PREPARATION 021020 Site Clearing and Stripping (S-5) 022 EARTHWORK 022022 Trench Safety for Excavations 050 WELDING 050200 Welding S43 Rev. 8/03 Page 2 of 3 L L PART T - TECHNICAL SPECIFICATIONS 010 GENERAL 010000-T Mobilization and Bonds 022 EARTHWORK 022020-T Excavation and Backfill for Utilities and Sewers (S-9) 022090-T General Excavation 022420-T Silt Fence (S-97) 025 ROADWAY 025802-T Temporary Traffic Controls During Construction 028 LANDSCAPE 028020-T Seeding (S-14) LIST OF DRAWINGS 1. TITLE SHEET 1: 2. LEGEND, GENERAL NOTES, TESTING SCHEDULE, SEQUENCE OF CONSTRUCTION, AND ESTIMATED QUANTITIES 3. TYPICAL TRAFFIC CONTROL 4 . 48" WATERLINE CROSSING PLAN & PROFILE 5. STANDARD WATER DETAILS (1 OF 5) 6. STANDARD WATER DETAILS (2 OF 5) 7 . STANDARD WATER DETAILS (3 OF 5) /10 8. STANDARD WATER DETAILS (4 OF 5) 9. STANDARD WATER DETAILS (5 OF 5) 10. STORM WATER BEST MANAGEMENT PRACTICES NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND 1: PAYMENT BOND ATTACHMENTS • ATTACHMENT 1: FORM WS-1 • ATTACHMENT 2: FORM W-2 • ATTACHMENT 3: TxDOT BUY AMERICA MATERIAL STATEMENT FORM 1818 im C Rev. 8/03 Page 3 of 3 L Ii L NOTICE TO BIDDERS I NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: TxDOT PARTICIPATION PROJECTS — FM 2444 WATERLINE ADJUSTMENTS — TASK ORDER NO. 7 (PROJECT NO. E13111) consisting of extending the 72"steel encasement pipe on an existing 48"waterline crossing on FM 2444 at County Road 43 (approximately 8,000 Feet West of Kitty Hawk Drive), in accordance with the plans, specifications and contract documents. Sealed bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 1, 2014, 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., on Wednesday, September 17, 2014 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. All questions shall be submitted in writing on the Public Purchase website by noon on the Wednesday prior to the week of bid opening. Inquiries made after this period will not be 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 constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over$25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Plans, proposal forms, specifications and contract documents may be found at the following website: www.publicpurchase.com Contract Documents may be 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. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic"employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/Natasha Fudge, P.E. Acting Director of Capital Programs /s/Rebecca Huerta City Secretary t I C L Revised 11/20/13 t t t t t t INSURANCE REQUIREMENTS L C C C L 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ® Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required a Not Required Installation Floater Equal to Contract Price ❑ Required ® Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required EJ Not Required I I Insurance Requirements 00 72 01-1 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 L 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements Insurance Requirements 00 72 01-2 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 I approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 1 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; L Insurance Requirements 00 72 01-3 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 L d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers,Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; j 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's Insurance Requirements 00 72 01-4 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 L pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings, falsework, and materials and Insurance Requirements 00 72 01-5 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement;flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01-6 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 C 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE Insurance Requirements 00 72 01-7 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. I I Insurance Requirements 00 72 01-8 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 L ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 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 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. 2. 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. 3. Persons providing services on the Project("Subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. Insurance Requirements 00 72 01-9 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 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 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading L Insurance Requirements 00 72 01-10 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 L 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. END OF SECTION L L L C C I C I C I L Insurance Requirements 00 72 01-11 FM 2444 Waterline Adjustments-Task Order 7—Project No. 13111 11-25-2013 PART A SPECIAL PROVISIONS L L L C TxDOT PARTICIPATION PROJECTS - FM 2444 WATERILNE ADJUSTMENTS - TASK ORDER NO. 7 (PROJECT NO. E13111) SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 PM on Wednesday, October 1, 2014. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO.7 (PROJECT NO. E13111) 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 the 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 the City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A non-mandatory pre-bid meeting will be held on Wednesday, September 17, 2014 beginning at 11:00 a.m. The pre-bid meeting will convene at Engineering Services Main Conference Room, 3rd Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas , and will include a review of the project scope. All requests for interpretation shall be made in writing to the City or Engineer no later than 24 hours following pre-bid meeting. Inquiries made after this period will not be addressed. No additional or separate visitations will be conducted by the City. A Bid tabulation will be available to Bidders once it has been compiled by the Consultant and provided to the City Engineering Department. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 7 (PROJECT NO. E13111) consisting of extending the 72" steel encasement pipe on an existing 48" waterline crossing on FM 2444 at County Road 43 (approximately 8, 000 Feet West of Kitty Hawk Drive) , in accordance with the plans, specifications and contract documents. I Section A-SP (Revised 9/18/00) lo Page 1 of 28 A-4 Method of Award The bids will be evaluated based on the availability of funds and in the following priority order: 1. Total Base Bid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. The City also reserves the right to negotiate additional quantities using unit prices provided in the Base Bid or Alternates. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - II TASK ORDER NO. 7 (PROJECT NO E13111) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable. ) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day (0 Base Bid FM 2444 at County Road 43 30 $600 The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Any section of work not completed within the allotted contract time as shown in the 1: breakdown above will be assessed liquidated damages as stated below. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, SIX HUNDRED DOLLARS ($600.00) per calendar day, will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. For the purpose of determining Liquidated Damages, the Contract Time will stop once Substantial Completion has been achieved by the Contractor. For the purpose of this contract, Substantial Completion is defined as the following: 1: 1. All work items within the base bid, alternates, and approved change orders under this contract are completed and are serving their intended purpose. This includes the completion of the following: Section A-SP (Revised 9/18/00) Page 2 c&28 L a. All lanes of traffic, intersections, driveways, sidewalks and ramps must be completed and open to the public and private ownerships including restorations of routes used for detour. Substantial completion includes all final surface course treatments for the roadway, all manhole and valve cover adjustments, and all landscape related items. b. All onsite and offsite storm water improvements including restoration and erosion control. c. All underground utilities, appurtenances, and adjustments including water, wastewater, electrical conduit, and traffic signalization improvements (pedestrian signal heads & push buttons) . d. All permanent traffic controls including all striping, signage and signalization are installed and all temporary traffic controls are removed. /: 2. Punch List items that do not affect the overall intended purpose of the project shall be excluded from the definition of Substantial Completion. When Contractor considers the entire Work ready for its intended use Contractor shall notify City in writing that the entire Work is substantially complete and request that the City issue a certificate of Substantial Completion. Promptly after Contractor's notification, City, Contractor and Engineer shall make an inspection of the Work to determine the status of substantial completion. If City does not consider the Work substantially complete, City will notify Contractor in writing giving the reasons and a detailed list of items that must be completed. The City shall not assess Liquidated Damages against the Contractor for any day after the City issues the certificate of substantial completion. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals 1: must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. l Section A-SP (Revised 9/18/00) IY Page 3 of 28 1: A-9 Acknowledgment of Addenda 1: The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy (TX130031) and Highway Construction (TX13OO40) . Refer to Part C - Federal Wage Rates and Requirements. Minimum Prevailing Wage Scales 10 The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. ;; The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be 1: submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) 1: 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, the Lone Star Notification 1: Company at 1-800-669-8344 . For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer RVE Inc. D. Scott Jones, P.E. 887-8851 Traffic Engineer 826-3540 City Street Div. for Traffic Signal/ 826-1946 1: Fiber Optic Locate 826-3547 Police Department 882-2600 Water Department 826-1881 (826-1888 after hours) Wastewater Department 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) [ir Section A-SP (Revised 9/18/00) Page 4 of 28 Streets & Solid Waste Services 826-1940 Storm Water Department 826-1875 (826-3140 after hours) Parks & Recreation Department 826-3461 AEP 877/373-4858 SBC/AT&T 881-2511 (1-800-824-4424, after hours) Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972/753-4355 RTA 289-2712 Port of Corpus Christi Authority Eng. 289-2712 Corpus Christi ISD 886-9005 TxDOT Area Office 886-9005 t: A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both 1: above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this 1; work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. To by-pass the flow, connections to the existing facilities shall be made over the ground surface by means of flexible and/or rigid pipes. The pipes used for bypassing this flow shall be strong enough to resist traffic impact loads, and the size of the pipe shall be capable of handling the incoming discharge but cause minimum impact to traffic flow and safety. The construction of temporary gravity flow lines, forcemains, pumping equipment, plugs, flow diversion structures, etc. required to maintain and control system flows shall be the responsibility of the Contractor. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by INthe Contractor. Replacement of existing box culverts must be done in such that there is a closed conduit for stormwater flow at the end of each day. The Contractor shall pay attention to the weather forecast during this phase of construction and shall not undertake any removal of storm infrastructure if there is any potential for rain. In the event an unexpected rain event occurs, the Contractor shall have a plan in place to seal the storm water system to prevent erosion of the subgrade beneath the IP Section A-SP (Revised 9/18/00) Page 5 of 28 existing and proposed box culverts. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum 1: adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control arc considered subsidiary; thcrcforc, no dircct payment will be made to Contractor. All costs for traffic control plans, i.e. preparation of plans, approval and permit from City, and implementation of the plan on each site for the duration required will be included in the unit price listed in the proposal form. If the site needs any adjustments in the traffic control sign location, which may by required for safety of traffic and pedestrians, not additional payment for the implementation and enforcement shall be made to the Contractor. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be 1: filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. toAll existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All ncccsoary removalsincluding but not limited to pipe, driveways,- sidewalks, 1: A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other 1: unwanted material becomes the property of the Contractor and must be removed from Section A-SP (Revised 9/18/00) Page 6 of 28 L the site by the Contractor. The cost of all hauling is considered subsidiary; 1: therefore, no direct payment will be made to Contractor. A 17 Ficld Office 1: Thc Contractor must furnish thc City Engineer or his representative with a field office at thc construction site. Thc field office must contain at 1 ast 120 square bc furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. Thc Contractor shall move the field officc on thc site as required by thc City Engineer or his representative. Thc field office must bc furnished with a telephone (with 24 hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. 1: The plan must indicate the schedule of the following work items, and be in conformation with the "Sequence of Construction" listed below: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 10 4 . Re-Submission: Revise and resubmit as required by the City Engineer. IV 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. PROJECT SEQUENCE OF CONSTRUCTION (See Sheet 2 in Construction Plans) 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 most conducive to economy of construction, subject to the following conditions: 1: A. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion/Liquidated Damages", as described in the General Notes of the Construction Plans, 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 construction the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. 1: 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. Im Section A-SP (Revised 9/18/00) Page 7 of 28 I: D. Contractor shall coordinate and cooperate with the City for construction 1: scheduling and traffic control modifications for special events that will occur during the period of the contract. 1: E. The Contractor shall provide temporary access to residential driveways whenever safely possible. Access to any residential driveway must not be blocked for more than five (5) calendar days (the City Engineer must be notified five calendar days in advance of any driveway closure) . 10 F. The Contractor must provide solid waste pickup services whenever access by the normal service is blocked by construction activities (the City Engineer must be notified five calendar days in advance of any solid waste pickup service area disruption) . G. Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 A.M. or continue after 6:30 P.M. without prior approval from the City Engineer. Days Allocation for Rain 1: The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will 10 be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. l'0 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 Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing Lsystem, and accepted by the City for the entire project. Certificate of Completion I: The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List) : IM (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As- Built plan preparation with A/E Consultant) . (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, O&M manuals (in electronic format as required) , SCADA documentation, and other Field Information are complete. 10, (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst. , 10 the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: 1: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project imi (d) If CDBC projcct, all fcdcral forms complctcd and submittcd Section A-SP (Revised 9/18/00) Page 8 of 28 t (8) Final Acceptance Memorandum prepared by Administrative Assistant. 1: (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. (12) Authorization for payment (AFP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum) . City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. 1: A-19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, if not shown on the drawings, will be provided by the A/E Consultant. 1; The contractor shall furnish all lines, slopes and measurements necessary for control of the work. IN If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and 1: proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. 100 The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: 1r Strccta and Drivcs: Section A-SP (Revised 9/18/00) E. Page 9 of 28 I 1: • All-curb returns at point of-tangcncy/point of-circumference= - le' _ ' • Strcct crowns on a 200' interval and at all intersections.I: Wastewater: • All rim/invert elevations at manholes and grinder station; • All intersecting lines in manholes; 1: • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Water: L • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: • All rim/invert elevations at manholes; • All intersecting lines in manholes; I: See Special Provisions A-45 "As-Built Dimensions and Drawings" for additional requirements. 1: A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. 10 The Contractor must provide all applicable certifications to the City Engineer. A 21 Project Signs 1: The Contractor must furnish and install two (2) 4x8 MDO Plywood Project Signs (to be provided by the City) as indicated on Attachment No. 1 Drawing. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractees. The heca-ti-e e-f the sits wil- o- :- - -• --o - -- - = by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) Et, 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is 1: 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. tO 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, 1: association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, f association, or joint venture as herein identified as providing work, fp Section A-SP (Revised 9/18/00) IPage 10 of 28 1: labor, services, supplies, equipment, materials or any combination of the 1: foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. 1,0 Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . y (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must 1: be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business 11: enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more 1: persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50. 0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 1: 3. Goals a. The goals for participation by minorities and Minority Business flom Section A-SP (Revised 9/18/00) Page 11 of 28 i Enterprises expressed in percentage terms for the Contractor's aggregate 1: work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise r0 (Percent) Participation (Percent) 45% 15% (11P 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 L uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 . Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor L 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 In3pcction Rcquircd (Revised 7/5/00) (NOT USED) i: The Contractor ahall aoourc thc appropriate building inopcctiona by thc Building Inspection Division at thc various intervals of work for which a permit is required and to aoourc a final inspection of -I: occupancy. Contractor mia..,t eiata -n the Certify-cwt _ -._- -- - - and all other City fcco, including water/waotcwatcr mctcr fcco and tap foes as EA required by City. A-24 Surety Bonds 10 Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is C 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 ilif (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with L reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the fhp Section A SP (Revised 9/18/00) IM Page 12 of 28 I E: State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond 1: must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that f: is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. " A 25 Sales Tax Excmption (NOT USED) Section B 6 22, Tax Exemption Provision, is deleted in its entirety and thc following substituted in lieu thereof. Contracts for improvements to real property awarded by thc City of Corpus Christi do c3 Tax Administration of Title 3'1, Public L'inancc of thc Te: . '_• - - __ , or such othcr rules or rcgulatio- _ z-. _- _ • -- _ _ _ - _ Public Accounts of Tcxac. If thc Contractor ciccto to operate undcr a ocparatcd contract, he shall: 1. Obtain thc necessary sales tax permits from thc State Comptroller. 2. Identify in the appropriate space on the "Statement of Natcrialc and Other Chargee" in the proposal form the cost o - into the Project. 3. Provide recalc certificates to suppliers. 1; valuc of materials. If the Contractor docs not elect t= . - --_- - - -_ -a- -- , -- -- _- • for all Sales, Excicc, and Ucc Taxcc applicable to this Project. Subcontractors arc eligible for sales tax cxemptionc if the subcontractor also complies with the above requirements. The Contractor must issue a recalc certificate to the subcontractor and the subcontractor, in turn, issues a recalc certificate to his supplier. 1: A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 [re Corpus Christi, Texas 78469-9277 Section A-SP (Revised 9/18/00) Page 13 of 28 L 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 1: 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 (11 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. 111. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's LCompensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this I: coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its 1: agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting 11: from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A 27 Roapon3ibility for Damagc Claims (NOT USED) Paragraph (a) Ccncral Liability of Section B 6 11 of thc Ccncral Provisions is amended to include: I: Contractor must provide builder's risk in3u ancc covcragefor thc term of thc Contract up to and including thc _ work. Builder's risk coverage must bc an "All Risk" form. Contractor must pay lo. all coots necessary to procurc such builder's risk insurance coverage, including any deductible. The City must bc named additional insured on any policies providing such insurance coverage. 1: A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may Lrequire 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 10 preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and ("10 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 fhp preceding two (2) years. The bidder shall specify the name and address of the Section A-SP (Revised 9/18/00) Imo Page 14 of 28 L claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's 1: request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years of recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five (5) years of recent experience in oversight of projects of a similar size and complexity and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. (Foreman cannot act as a superintendent without prior approval of the City) . Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. ID 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 f: necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: C: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; log 3. A schedule of values which specifies estimates of the cost for each major Section A-SP (Revised 9/18/00) Page 15 of 28 C L 4 . component of the work; A schedule of anticipated monthly payments for the Project duration. 1: 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the ("0 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 L 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 10 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. fit 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 I: Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to 1: be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase (: in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7- 13; 1: 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; I: 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. (: 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information to identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. I: 11. RTA ContractiRg Rcquircmcntc Part R. The contractor shall comply with Rcgional Transportation Authority (RTA) contracting rcquircmcntc for limitcd in the Bacc Bid. t A-31 Amended Policy on Extra Work and Change Orders 1-0 Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: ip Contractor acknowledges that the City has no obligation to pay for any extra Section A-SP (Revised 9/18/00) LPage 16 of 28 1: work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25, 000.00. The Contractor acknowledges that any change orders in an amount in excess of L $25, 000.00 must also be approved by the City Council. Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents 1: In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project; second precedence will be given to the Special Provisions; third precedence will be given to the construction plans; fourth precedence will be given to the Bid Proposal; fifth precedence will be given to the Standard & Technical Specifications; and the General Provisions will be given last precedence. 1: A 35 City Water Facilities: Special Requirements (NOT USED) A. Visitor/Contractor Orientation subcontractors, and cach of their employees must have on their person a Safety Orientation Program conductcd by the City Water Dcpartmcnt Personnel. A Visitor/Contractor Safcty Orientation Program will bc who do not have such a card, and who desire to perform any work within D. Operntio1 of City Owned Equipment ly The Contractor shall not start, ope ate, or atop any pump, motor, valve, water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. I lot Section A-SP (Revised 9/18/00) lo Page 17 of 28 E: C. Protection of Water Quality The City must dclivcr water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job cite and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all 3olvcnt3, cleaners, lubricants, gaskets, 1: be used unless they conform with ANG/NSF Standard 61 and unless such prior to u3c. The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potablc water. E. Handling and Disposal of Trash 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 orcas clean at all times and remove all trash daily. ti CONTRACTOR'S ON SITE PREPARATION rF. Contractor'_ personnel must wear -colored uniform overalls other than C. Contractor shall provide telephones for Contractor personnel. Plant II. Working hours will be 7: 00 A.M. to 5:00 P.M. , Monday thru 1:0 I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles arc allowed at O. NStevensWater Treatment PlantAll personnel must be in company vehicles. During working hours, contractor employees must net for required work or as directed by City Water Department personnel during emergency evacuation. tit K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to the computer based monitoring and control system must be performed only by qualified technical and supervisory personnel, as Section A-SP (Revised 9/18/00) Page 18 of 28 L includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: 1. He is regularly engaged in the computer based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and fry r complexity as required in this Contract on at least three prior projects. 3. He has been actively engaged in the type of work specified herein for at least 5 years. 1: 1 . He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. 5. He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped service calibrate, and program the systems specified herein. 7. He shall furnish equipment which is the product of one t; manufacturer to the maximum practical extent. Whcrc this is not practical, all equipment of a given type will be the product of one manufacturer. $. Prior performance at the 0. N. Stevens Water Treatment Plant will 1: be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor shall produce all filled out programming blocks required to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide 11 p q q blocks used. L. Trenching Requirements f: All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand digging depending on the I number of existing underground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals I; 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall 1: also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially lor Section A-SP (Revised 9/18/00) Page 19 of 28 L number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number (s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, (*PI verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. 1: f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 1: j . Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 1: 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 1: 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit 1: three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction. " A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities firr Section A-SP (Revised 9/18/00) Page 20 of 28 The requirements of "Notice to Contractors 'B'" are incorporated by reference in 1: this Special Provision. A 39 Certificate of Occupancy and Final Acccptancc (NOT USED) imThe issuance of a ccrtifi ate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B 8 9. 1: A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which C: partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozone Advioory Priming and hot mix paving operation- must not be conducted on day_ for which an Contractor about ozone alert. If a delay such as this is experienced, the day will C: not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. 1: A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and 1: 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. is 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, 11: attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. i; A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. lot Section A-SP (Revised 9/18/00) [or Page 21 of 28 I A-45 As-Built Dimensions and Drawings (7/5/00) (a) The Contractor shall employ the services of a Texas Registered Public Land Surveyor (RPLS) throughout the construction period to survey the as- built horizontal and vertical locations of all valves, fittings, hydrants, road/ditch crossings, etc. installed during the construction period. At the completion of the construction but prior to final payment the Contractor shall provide the Engineer with RPLS sealed drawings and f: an electronic survey point file of the as-built construction. The horizontal and vertical datum used for the survey shall be the same as the Project datum. The horizontal and vertical locations of all below grade construction must be surveyed and recorded prior to trench backfill. Payment for this work shall be considered subsidiary to other bid items. (b) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (c) Upon completion of each facility, the Contractor shall furnish the City with one set of project drawings and specifications, marked with red pencil, showing all deviations from the original plans, including any substitutions for the materials originally specified. Any deviations 1: from the original plans or substitutions for the materials specified require prior approval from the Engineer. A-46 Disposal of Highly Chlorinated Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. 1: Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. ir Section A-SP (Revised 9/18/00) Page 22 of 28 L. I Exploratory excavations shall be considered subsidiary to the utility cost unless a bid item is provided in the proposal. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no 10 separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his (70 construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity. " A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B- 7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a late 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/Well Pointing This item is considered subsidiary to the appropriate bid items or shall be measured by the linear fcct of trcnch as described in Section A 4 where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening 1: and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than Section A-SP (Revised 9/18/00) 111 Page 23 of 28 (11 the receiving stream, the Corpus Christi Bay. Testing of groundwater quality is to be performed by the City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City' s expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a ir case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system the im Contractor shall contact Mark Shell 857-1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. In any event, the Contractor shall be required to take whatever steps necessary to provide a stable trench bottom for the installation of any structure or pipe. 1: A 52 Elcctronic Submittal of Bids (NOT USED) Thc following paragraph modifico Scction B 2 7 "Preparation of Proposal", of thc Part B Ccncral Provisions and Rcquircmcnts for Municipal Construction Contracts. The biddcr has thc option of submitting a computcr generated print out, in lieu of thc Proposal Form (Pagcs 1 through 16, inclusive) . Thc print out shall list all bid items (including any additive or dcductivc alternates) containcd on thc Proposal Form ( gcs 3 through 13, inclusive) . The print out shall bc substantially in thc form attachcd on thc following page to these Spccial Conditions (Attachment No.2) . If thc biddcr chooses to submit a print out, thc print out shall bc accompanied by properly completed Proposal Form pages 1, 2, 14, 15, and 16. 1: In addition, thc print out p posal shall contain thc following statement and signature, after thc last bid itcm: 1: " (Bidder) herewith certifies that thc unit prices shown on this print out for bid Form arc thc unit prices intcndcd and that its bid will bc tabulated using these unit prices and no other information from this print out. (Bidder) acknowledges and agrees that thc Total Bid amount shown will bc read as its Total Bid and further agrees that thc official Total Bid amount will bc determined by multiplying thc unit bid pricc (Column IV) shown on this print out by thc respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) 1: A 53 Video Documentation (NOT USED) As part of the project requirements, the Contractor shall perform televised inspections of the entire length of any improvements to any wastewater and im - -- - - -- - e - --- a ! At - _-- - - Section A-SP (Revised 9/18/00) Page 24 of 28 I narration tied to the continuous footage documentation portrayed on the screen. set up, video file labeling, and hard copy Inspcction Report format arc addres„ ed in 4cal Spccifi ation Scction 027610 T. Video documcntation Shall be performed 11, following backfill of improvements and prior to Start of all Street construction. The original and one copy of each inspection video shall be forwarded to the Engineer for his and the City Wastewater Department concurrent review for approval, as ach ins.ection video is com.letcd. If the quality of the DVD' s docs not meet with the Engineer' s/City' s approval, the Contractor shall rep at the video documenting process, at no increase in contract price, until the video is acceptable. Approved DVD' s will not be returned to the Contractor. The Contractor shall also make and retain one direct copy of the original DVD recording of the results of the inspection. At the time of contract final inspection, the Contractor is to furnish the City Wastewater Department the post construction/rehabilitation DVD' s in an organized manner, properly labeled, and in a suitable three ring binder, the cost of which is to be included in the applicable bid item in the proposal. The work and materials will be considered subsidiary to other items in the proposal. f: No separate payments will be made for the televising unless specifically listed in the bid proposal. 1: A-54 Trench Safety If the Contractor' s proposed construction methods require the excavation of any trenches, access pits, or other below ground operations, such work shall be in it compliance with all federal, state, and local requirements for trench excavation and safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety” as shown in the proposal form. 1: A 55 Confined Space Entry Requirements (NOT USED) Contractor will be required to comply with all OSHA regulations and guidelines a3 pertaining to identification and classification of confined spaces, and associated req,..ircments for entry iito these areas including compliance with OSHA R gulation (Standard 29 CFR) Permit Required Confined Spaces 1910.146. All personnel entering confined Spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall Supply the Engineer with this certification information of any/all personnel who arc doing confined space entry work. 1: A-56 Pavement Restoration and Project Clean Up It is the intent of the plans and specifications that any and all areas within the limits of ht proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to Construction. Where asphaltic pavements are excavated or damaged, the replacement pavement shall as a minimum conform to the pavements restoration detail shown on the plans (refer to "Trench Backfill and Pavement Repair" details for all pavement restoration) . If the excavated or damaged pavement section exceeds these requirements, they shall be replaced with the same types and thicknesses of materials as the existing pavement. Where concrete pavements, sidewalks, curbs, etc. are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications which are included as part of this Contract. If the excavated or damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure (s) . Restoration of all improvements as described above shall be made within 5 working days of the completion of the work, and shall be in accordance with applicable City Standard Specifications, as determined by the Engineer. All lawns or other grassed areas, concrete or asphalt driveway, i Section A-SP (Revised 9/18/00) CMPage 25 of 28 I landscaping, or other vegetation areas disturbed by construction operations for the f: items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. The Contractor may be required to perform "clean ups" of the entire project or sections of the project during the course of construction, as directed by the Engineer. Upon completion of construction, the Contractor shall perform a final clean up of the entire project, again as directed by the Engineer. All project clean up shall be considered subsidiary to the various bid items. Asphalt and Concrete restoration shall be included in the amount bid item as shown in the proposal. 11, A-57 Re-routing of Traffic During Construction The Traffic Control Plan for the work is included in the drawings for typical applications. Should the Contractor desire to deviate from the plan, it is the responsibility of the Contractor to provide a Traffic Control Plan (sealed by a registered Engineer in the State of Texas) to the City Traffic Engineer for approval. The plans should be submitted for approval two weeks in advance prior to its implementation. The Traffic Control Plan submittals should be on the Standard 22"x34" plan sheets and should be readable, legible, clean, proportionate, and if possible to scale; and shall meet the City of Corpus Christi's "Uniform Barricading Standards and Practices" for City roads, and the requirements of the Texas Department of Transportation (TxDOT) for roads under the jurisdiction of TxDOT. Any additional costs incurred due to preparation of a revised Traffic Control Plan shall be the Contractors responsibility. No additional payments will be made. The Contractor shall secure the necessary permit from the City' s Traffic Department. Any costs associated with the implementation of the traffic control plan shall be included in the bid item as shown in the proposal. Additional information regarding approved traffic control devices and signing is available on TxDOT' s website (http: //www.txcot.gov/publictoins/traffic.htm) . A-58 Restoration of Private Property The Contractor shall confine his work to the public ROW as shown on the plans; however the possibility exists that repairs/construction activity may occur within private property. The Contractor shall restore any disturbed area to a condition equal to, or better than, existed prior to his construction. Restoration may included, but is not limited to: 1. Re-Sodding existing lawns 2. Removing and replacing fences 3. Pruning damages trees or shrubs In the event that a property owner has some type of structure (i.e. storage shed, playground equipment, etc. ) within the required work area, the Contractor shall coordinate with the property owner and a City representative for the removal or relocation of these items. A-59 Access to Private Property As previously stated, it may be necessary for the Contractor to access Private 1: Property for some of the work. In most cases, the private property is single-family residential lots that are developed. The Contractor shall coordinate all access with the property owner and will work closely with the owner and a City representative for all construction operations. C: The Contractor shall be required to video record the conditions that exist on the property with a City representative present, prior to performing any construction operations. Section A-SP (Revised 9/18/00) Page 26 of 28 L E: If, in the course of work, it is necessary to temporarily remove any fences, the Contractor shall provide temporary fencing sot that the property owner's property is secure at all times. im A 60 Pipc Trcnch Bedding and Backfill The Wastewater Standard Details indicate * (asterisks) for projcct specific requirements. For this pr.-eject the requirements arc as follow- 1. Bottom of Trcnch Above Groundwatcr Tablc a. Bedding Depth Ovcr 10' Crushed Stone Depth Under 10' Sand b. Backfill Paved Ar as Cement Stabilized Sand Unpaved Areas Clean Excavated Material 1: 2. Bottom of Trench Below Groundwater Table a. Bedding All Depths Crushed Stone on Stabilized Bottom b. Backfill Samc As Above The type and depths of crushed stone bedding shall be as specified on the Standard Detail Sheets. A 61 Stormwater Pollution Prevention Duc to the type and location of this project, stormwatcr pollution prevention is critical, and improper implementation can have a negative impact on the adjoining streets and private property. Strict compliance to all stormwatcr pollution prevention- items shown en the plans shall be enforced. It shall be the Contractors responsibility to prepare the Storm Water Pollution Prevention Plan using the best I! management practices provided in the construction drawings; and this plan shall be submitted to the City of Corpus Christi prior to the pre construction meeting for review and approval. The contractor will also be responsible for submitting this - -- -- o _ - -- - -- _ -' _ _ beginning on the project. • be included in the amount bid for the items as listed in the proposal. In addition, if during the course of the project other minor stormwatcr pollution prevention items arc required to limit or control soil erosion or transport of soil, then the Contractor shall implement these measures at no increase in the contract price or duration. A-62 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Monthly payment will be withheld if this provision is not followed. A-63 Noise Control and Working Hour Restrictions The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with C: practical sound-muffling devices, and operated in a manner to cause the lease amount of noise consistent with efficient performances of the Work. Decibel levels are not to exceed one hundred (100) decibels. Any work which creates a noise level above the ambient sound levels shall not commence before 7:00 A.M. or continue after 6:30 ir Section A-SP (Revised 9/18/00) Page 27 of 28 I P.M. on weekdays, and shall not commence before 8 :00 A.M. or continue after 5:00 P.M. on Saturday without prior approval from the Engineer. A-64 Other Accessibility Requirements ioThe Contractor shall provide assistance and is required to ensure that disruption of community services to residents (i.e. US Postal Service, RTA Care B, Meals on Wheels, Emergency Services, etc. ) does not occur during construction. Requisite 1: assistance and/or coordination during construction is considered subsidiary to the work. INA-65 Maintenance and Control of Wastewater Flows The Contractor shall be responsible for maintaining sewage flows at all times within the existing sanitary sewer system and shall not restrict access to residences or businesses. It shall be the Contractor' s responsibility to coordinate with the City Wastewater Division regarding any modifications to the existing system flow patterns, such as rerouting flows, or operation of any permanent or temporary lift station(s) . This shall be applicable even in case of cave-ins. Any such system modifications will be subject to approval by the Engineer and the City Wastewater Division and shall not interfere with the proper operation and function of the 1: wastewater collection system and shall not restrict access to residences or businesses. The Contractor shall be responsible for coordinating the review of any system modifications sufficiently in advance of proposed construction operations so as to avoid any delays in same. Sewage or other liquid shall not be pumped, bailed or flumed over the street on ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes. The pipe used for bypassing this flow shall be strong enough to resist the traffic load, if any, and the size of the pipe shall be capable of handling the incoming discharge but small enough to not create hindrance to the traffic flow or create any blockage or accident. The construction of temporary gravity flow lines, force main lines, pumping equipment, plugs, flow diversion structures, etc. , required to maintain and control system flows shall be the responsibility of the Contractor and shall be considered subsidiary to the various bid items in the contract and shall not be measured for 1: payment. The Contractor shall be responsible for providing access to the private properties and streets and maintain a smooth traffic flow during the entire construction phase of this project. A 66 Regional Tranoportation Authority (RTA) Contract Documcnta All RTA Contract Documents (as listed in P • • --- - k -=1 = the City, prior to award of Contract. The RTA Contract Documents oal? appy on'y to thc RTA idcntificd improvements on this projcct. The City of Corpus Christi Standards shall takc prcccdcncc, for thc remainder of thc projcct elements included on this Contract. A-67 Coordination with AEP, AT&T, and Other Utility Companies During the course of constructing the Project, the Contractor will need to contact and coordinate with AEP, AT&T and other utility companies to facilitate the relocation or adjustment of their utilities as required to construct the proposed Project improvements. This coordination effort will not be measured for payment, but shall be considered subsidiary to the appropriate bid items. 1 Section A-SP (Revised 9/18/00) Page 28 of 28 ( VII , � AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of JANUARY,2015 by and between the CITY OF CORPUS CHRISTI of the County of Nueces,State of Texas,acting through its duly authorized City Manager, termed in the Contract Documents as "City," and National Power Rodding Corp. termed in the Contract Documents as "Contractor," upon these terms,performable in Nueces County, Texas: In consideration of the payment of$70,306.00 dollars by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: TxDOT PARTICIPATION PROJECTS—FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO.7 PROJECT NO. E13111 TOTAL BASE BID: $70,306.00 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, 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. 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 the number of calendar days as shown in the following table: Agreement Page 1 of 2 I -- The working time per completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day Base Bid FM 2444 at County Road 43 30 $600 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. ATTEST: CIT OF CO .' '. CHRISTI VP' `V ti By: Alliin1; City Secretary Q oemaker, `.E. • cting Director of Capital Programs °�� APPROVED AS TO LEG L FORM: ► 1201G 0 !�[ll HUKtLL or IT ceur4CiL._.. '_"..1'__ ity Attorney CONTRACTOR ATTEST: (If Corporation) National Power Roddin P s By: (Seal Below) Willi�4►�• . Kreidler Reid W. Ruprecht, Secretary Pres'/ent (Note: If person signing for Title: corporation is not President, attach copy of authorization 9810 FM 969 to sign.) (Address) Austin,TX 78724 (City) (State)(Zip) 512/928-1420 (Telephone Number) dresendez@nationalpowerRodding.com (Revised August 2000) Agreement Page 2 of 2 firi\ PROPOSAL FORM FOR TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 7 (PROJECT NO. E13111) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,TEXAS Proposal Form Page 1 of 6 PROPOSAL Place: City of Corpus Christi,Office of the City Secretary Date: October 1,2014 Proposal of National Power Rodding Corp. Yr" a Corporation organized and existing under the laws of the State of Illinois • OR a Partnership or Individual doing business as TO: The City of Corpus Christi,Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: TxDOT PARTICIPATION PROJECTS—FM 2444 WATERLINE ADJUSTMENTS— TASK ORDER NO. 7 (PROJECT NO. E13111) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Proposal Form Page 2 of 6 I II III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL BASE BID PART A—GENERAL Al 1 Mobilization and De-Mobilization, complete and LS in place per Lump Sum. '706 . <0, A2 LS Bonds,complete and in place per Lump Sum. pa 4c. A3 1 Traffic Control, complete and in place per Lump - LS Sum. 8��j, 4_ 0 , 425 , SUBTOTAL PART A-GENERAL(Items Al thru A3) PART B—WATERLINE ADJUSTMENTS 1 Connect to Existing 72" Steel Encasement Pipe �f� B1 LS (Welded),complete and in place per Each. v 6� - p, 'L , 72" Steel Encasement Pipe (Welded Split Casing, B2 20 Incl. Grout End Seal), complete and in place pere-7,2.1 L.( 1 ' 2 � � LF Linear Foot. B3 20 Trench Safety, complete and in place per Linear Cn co LF Foot. �, 1.2— 0, 1 Unanticipated Utility Allowance (Mandatory), 1 B4 $ 10,000.00 $ 10,000.00 LS complete and in place per Lump Sum. SUBTOTAL PART B-WATERLINE ADJUSTMENTS(Items B1 thru B4) rjl-51 /5D , / TOTAL BASE BID(PARTS A thru B—Items Al thru B4) 10 BASE BID SUMMARY SUBTOTAL PART A-GENERAL (Items Al thru A3) ( C: SUBTOTAL PARTS B-WATERLINE ADJUSTMENTS (Items B1 thru B4) '75 9 8 TOTAL BASE BID(PARTS A thru B-Items Al thru B4) I v t '306 ' Proposal Form Page 3 of 6 ti24111--- The undersigned hereby declares that he has visited the site and has carefully examined the 7- r plans, specifications and contract documents relating to the work covered by his bid or bids, that he City of agrees to do the work, and that no representations made by the City are in any sense a warranty but are Corpus mere estimates for the guidance of the Contractor. Christi Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond(as required) for the faithful performance of this contract and a Payment Bond(as required)to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart(original signed) sets. Time of Completion: The undersigned agrees to complete the work within 30 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): ter, Respectfully submitted: Name: National Power Re:i ing Corp. By: (SEAL-IF BIDDER IS (Sl ,'TURE) William T.Kreidler,President a Corporation) Address: 10 FM 969 (P.O. Box) (Street) Austin,TX 78724 (City) (State) (Zip) Telephone: 512-928-1420 NOTE: Do not detach bid from other papers. (Revised August 2000) Fill in with ink and submit complete with attached papers. Proposal Form Page 4 of 6 SUPPLIER NUMBER TO BE ASSIGNED BY CITY 070%.".0.'—' PURCHASING DIVISION Cityof Corpus CITY OF CORPUS CHRISTI Clmsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: National Power Rodding Corp. V j P.O.BOX: STREET ADDRESS: 9810 FM 969 CITY: Austin ZIP: 78724- FIRM IS: 1. Corporation ® 2. Partnership = 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NONE Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Title NONE 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NONE Board, Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NONE Consultant Proposal Form Page 5 of 6 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, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: William T.Kreidler T' . Presi., t (Type or Print) Signature of Certifying Person: Date: 10/1/14 /11111111." DEFINITIONS a. "Board member." A member of any board,commission,or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit" An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor,members of the City Council,City Manager,Deputy City Manager,Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest,whether actually or constructively held,in a firm,including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects,hired by the City of Corpus Christi or the purpose of professional consultation and recommendation. Proposal Form Page 6 of 6 . t 00 61 16 PAYMENT BOND BOND NO. 106233485 Contractor as Principal Surety Name: National Power Rodding Corp. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 9810 FM 969 One Tower Square Austin,TX 78724 Hartford, CT 06183 Physical address(principal place of business): Owner One Tower Square Name: City of Corpus Christi,Texas Hartford, CT 06183 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Streetunder the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): #E13111 TxDOT Participation Protects FM 2444 (630)363-5382 Waterline Adjustments Task Order No.7 Telephone (for notice of claim): (267)675-3130 Local Agent for Surety Name: Libsco Financial Group Award Date of the Contract: January 20,2015 Address: 5 Revere Drive, Northbrook, IL 60062 Contract Price: $70,306.00 Bond Telephone: (847)763-5333 Email Address: (khan@libsco.com Date of Bond: January 21, 2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 #E13111 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code • • - • •ed and all liabilities on this bond shall be determined in accordance with the provisions sai• apter to the same extent as if it were copied at length herein. Venue shall lie exclusively' u- County, Texas for any legal action. Contractor asPrm • al Surety Signature: 1 Cigna ire: Sty a/dej-e.4.1Name: Willi..!Kreidler Name: Brenda D. Hockberger Title: Pr- :dent Title: Attorney-in-Fact Email Address: '' reidler@nationalpower Email Address: bhockber(c travelers.com rodding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 #E13111 7-8-2014 State of ILLINOIS County of COOK On this ,` s r day of Tck. 'I„'- `( , 2015 , before me personally appeared Brenda D. Hockberger , known to me to be t'he Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY CGMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS FI have . e eunto se my hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL AR F.R1fdCON NOTARY POSCUBLIC STATE OF ILLINOIS MY CQMMES510N EXPIRES SEPT 13,2Q16 otary Public) • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227907 Certificate No. 0 0 5 9 7 4 2 4 2 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Gina M.Damato,Thomas A.Pictor,Michael Damewood, Kathy Anderson,Vaenessa Sims,Luisa Seymour,Thomas N.Tague,Brenda D.Hockberger,Carlina A.Oswald,Tara S.Petersen,Todd D.Baraniak, Dale F.Poquette,Oscar F.Rincon,Moises Alcantar,James P.Fagan,Stephanie Miller,Grace Lawrence,Ann Mulder,Matthew Tobias, Launa Reidenbach,William Matthews,Mary D.Thomas,Richard Valente,Amber Derkson,Dan Hasson,Dan Orna,Kristan Retusnic, Kathleen Stewart,Mary Jo Campbell,Carrie Smith,Adam Kveton,Jessica Diaz,and Robin Vinci of the City of Naperville/Chicago ,State of Illinois ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. • IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 8th day of July 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GA S U,4, TYij •_' " .'/r `�.F\RE 4 \�M"'5. P INS tY" ,;; 0Y4,� ? o !` °"°°°_°jW/ G i"2 S y S t Vgq'E'$ e�P� o s�' 3 w-, ,°�O Or•OMGOR 1 4:'� ,, 9 wa, '°� �'� D ° i INCDRPouTED� y % zt '•. es;..ORAT&:.e m V )' iMc p u 1 9.8 2 O 1,977 0..aa = m i i f F o; W P HARTFORD, F44RTFOR0.� 1896 Z > J t i 'o CONN. e Y CONN R N r 1951 LL SEAL'o S y F- .� 1• 44. '44=‘;'-> �1S.0 >4S. 'tea bt , VT ; State of Connecticut By: Ai City of Hartford ss. Robert L.Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•Ter \cfIn Witness Whereof,I hereunto set my hand and official seal. �1Q*A W w" CMy Commission expires the 30th day of June,2016. * pUBI1p * Marie C.Tetreault,Notary Public MVEarP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of J O h IA &✓y ,20/ Kevin E.Hughes,Assistant Sec tary m(C. II. Jy tt••a y ���MS tasu4 tr 4N0 TY (, v O� 9 J;...........9 JPS J' 17A�flY O5 �(1 + �RIC r IIGOM��� Q4,. .,4� �9 � 9 u 1 9 8 2 aRE08ATED e _, t`.;i w; ;;;;;;:sem ,. 1977 � E ��+ I �f jam+ z: (HARTFORD HARTFORD, ' n c , y 1951 . I .f10" ;SEAL o " ° cow e n r a -`'bi %c, a� �. t 1\ S g 0 1896.,,{'� u w �''�„c �fS.:106j ri..._....`aD b! a�cr i • �1 AHId� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS .! IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code, effective September 1,2001. w • 00 6113 PERFORMANCE BOND BOND NO. 106233485 Contractor as Principal Surety Name: National Power Rodding Corp. Name:Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 9810 FM 969 One Tower Square Austin,TX 78724 Hartford, CT 06183 Physical address(principal place of business): Owner One Tower Square Name: City of Corpus Christi,Texas Hartford, CT 06183 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E13110 TxDOT Participation Projects FM 2444 (630)363-5382 Waterline Adjustments Task Order No.7 Telephone (for notice of claim): (267)675-3130 Local Agent for Surety Name: Libsco Financial Group Award Date of the Contract: January 20,2015 Address: 5 Revere Drive, Northbrook, IL 60062 Contract Price: $70,306.00 Bond Telephone: (847)763-5333 Email Address: (khan@libsco.com Date of Bond: January 21, 2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 #E13111 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 a• • - - • -r 2269 of the Texas Government Code as amended and all liabilities on this bond shall • •etermi -i in accordance with the provisions of said Chapter to the same extent as if it were co••-d at lengt• erein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi•al National Po -r Roddin. -.rp. Surety Travelers Casualty and Surety Company of America � � _►� Signature: 1, „ Signature. Name: Wim T. Kreidler Name: Brenda D. Hockberger Title: ;/-sident Title: Attorney-in-Fact Email Address: bkreidler@nationalpower Email Address: bhockber(atravelers.com rodding.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 #E13111 7-8-2014 State of ILLINOIS County of COOK "On this ( S+ day of Ti c.,/ , 2015 , before me personally appeared Brenda D. Hockberger , known to me to bd the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL OSCAR F.RINCON NOTARY PUBLIC STATE OF ILLINOIS 7/4_, MY COMMISSION EXPIRES SEPT 13,201S -‘ air (Notary Public) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227907 Certificate No. 0 0 5 9 7 4 2 4 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Gina M.Damato,Thomas A.Pictor,Michael Damewood, Kathy Anderson,Vaenessa Sims,Luisa Seymour,Thomas N.Tague,Brenda D.Hockberger,Carlina A.Oswald,Tara S.Petersen,Todd D.Baraniak, Dale F.Poquette,Oscar F.Rincon,Moises Alcantar,James P.Fagan,Stephanie Miller,Grace Lawrence,Ann Mulder,Matthew Tobias, Launa Reidenbach,William Matthews,Mary D.Thomas,Richard Valente,Amber Derkson,Dan Hasson,Dan Oma,Kristan Retusnic, Kathleen Stewart,Mary Jo Campbell,Carrie Smith,Adam Kveton,Jessica Diaz,and Robin Vinci of the City of Naperville/Chicago ,State of Illinois ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. a IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 8th day of July 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance W�C�Company cr.s � TY Wn. ' '�I. �FiFE 6 '0, ��,1r �Nf` +1NSUq Jp�TV ANO µ1U 5Uairo FytYgkO INCOMORATED y ( . : me �� ,,, f:C� WicORPONATf:.111 ti < J ^�� imonscpwIN 81982( 0 '1 1,q]7 .aa c�i im f; _. :o; W HARTFORD, „ HR9iFORa, < 1896 Y kNEc a r 6 1951 5 .4 �1 i SEAL/t J i 'o CONN. o ,,5 CONN. N �j, I. of3 id w g, q 6 + tifc• N b�'� - .. j o.•.. :'2D �a't �ryd� yf4'0 �° •� * ur "•Zt'tc fS.AN� 1r•........� `1 �y � 0' AIN rie State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. TlT In Witness Whereof,I hereunto set my hand and official seal. TAA ' C ' �kV•OAM My Commission expires the 30th day of June,2016. *PI/PIMA * Wti"Marie C.Tetreault,Notary Public 49i CIP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. • st IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this D---eday of J n i t a:r'y ,20 1?r Kevin E.Hughes,Assistant Sec tary pA644, "4/•I/, \\RE 6'Kw"b N \qS 1N34 1;),""tY Ary Or,�y�p�p�q'`,^` +co°ro°<4o G ti° P�: 9 JP.......9 y sr F�TY'�A'0 4 i �O(1 Nc % p r N°" 7 4!' '.;'LC1 ORFORAiFD � � � A>�•:1�E wP;� oggt�,n Zb ctF at 1982 0 1977 a le, I tm a:` E'i� HARTFORD, <� a H HARTFORD, '" m M a % 1951 �, =tis !�'o f `SSE BL o �:SBRL=r° CONN. ro it.corer. Y 0 1896 � a. d ORANGE °•ls.AMS� �^•..:..... d D f• +;� �l41>Ait4 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS.1 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America, Travelers Casualty &Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267)675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202,Property Code, effective September 1,2001. ACCPREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/04/2015 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME: 540 W.MADISON PHONE I FAX IANC.No.Ext): (AIC,No): CHICAGO,IL 60661 E-MAIL Attn:chicago.CertRequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 227309-UMB-UMB-14-15 NPRC INSURER A:Zurich American Insurance Company 116535 INSURED Lexington Insurance Company '19437 NATIONAL POWER RODDING CORP. INSURER B: 9 p y 2500 W.ARTHINGTON ST. INSURER C: I CHICAGO,IL 60612 I INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-005093641-02 REVISION NUMBER:5 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 IWIADDL SUBR I POLICY EFF I POLICY EXP LTR TYPE OF INSURA�E I INSR VD! POLICY NUMBER I(MM/DD/YYYY)I(MM/DD/YYYY) LIMITS A I GENERAL LIABILITY GLO 9377201-11 10/31/2014 110/31/2015 EACH OCCURRENCE I$ 1,000,000 X COMMERCIAL GENERAL LIABILITY '; V DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ CLAIMS-MADE I X OCCUR 10,000 MED EXP(Any one person) $ X I XCU INCLUDED I PERSONAL&ADV INJURY $ / 1,000,000 GENERAL AGGREGATE $ V 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMP/OP AGG $ 2,000,000 I 1 POLICY j X I JECOT LOC $ A I AUTOMOBILE LIABILITY BAP 9377199-11 '10/31/2014 110/31/2015 I COMBINED SINGLE LIMIT 2,000,000 F- (Ea accident) $ X ANY AUTO ✓ BODILY INJURY(Per person) $ / ALL OWNED SCHEDULED BODILY INJURY(Per accident)1$ V/ '` AUTOS AUTOS ON-O PROPERTY DAMAGE NON-OWNED HIRED AUTOS AUTOS $ ,---: � 1 i (Per accident) I $ B X 1 UMBRELLA LIAB /j I X 015438245 10/31/2014 10/31/2015 I 1,000,000 V OCCUR EACH OCCURRENCE $ —'�I EXCESS LIAB CLAIMS-MADE I, ��� V I AGGREGATE $ 1,000,000 DED I X RETENTION$10'0II I $ A WORKERS COMPENSATION WC 9377202-11 110/31/2014 10/31/2015 1 X 1 WC STATU- I 10TH- 1 AND EMPLOYERS'LIABILITY r YIN : 'TORY LIMITS I . ER I ANY PROPRIETOR/PARTNER/EXECUTIVE ! ✓ E.L.EACH ACCIDENT •$ 1,000,000 I OFFICER/MEMBER EXCLUDED? N N/A I I I I(Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ /1,000,000 If yes,describe under I 1 1,000,000 DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)/ RE:PROJECT NO.E13111,TXDOT PARTICIPATION PROJECTS-FM 2444 WATERLINE ADJUSTMENTS-TASK ORDER NO.7 THE CITY OF CORPUS CHRISTI IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY,BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED.A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY,AUTOMOBILE LIABILITY AND WORKERS COMPENSATION COVERAGES,BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DEPARTMENT OF ENGINEERING SERVICES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:CONTRACT ADMINISTRATOR,SYLVIAA@CCTEXAS.COM ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �.tzwa.a'a1,.+ ...314....4.24-wed+cA- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NI 0 Additional Insured - Owners, Lessees Or Contractors - ZURICH Ongoing Operations - Scheduled Policy No. Eff. Date of Pot Exp. Date of Pol. Eft Date of End. Producer No. Add'I. Prem Return Prem. GL09377201-11 10/31/2014 10/31/2015 10/31/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JThis endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: Location and Description of Additional Ongoing Operations: Premium: ANY PERSON OR ORGANIZATION TO WHOM OR ANY LOCATION OR PROJECT WHERE YOU ARE TO WHICH YOU ARE REQUIRED TO PROVIDE REQUIRED TO PROVIDE ADDITIONAL INSURED ADDITIONAL INSURED STATUS IN A WRITTEN STATUS IN A WRITTEN CONTRACT OR WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED AGREEMENT EXECUTED PRIOR TO THE LOSS, PRIOR TO THE LOSS EXCEPT WHERE SUCH EXCEPT WHERE SUCH CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT IS PROHIBITED BY IS PROHIBITED BY LAW. LAW. A. Section Il — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of your ongoing operations performed for that insured at or from the corresponding location designated and described in the Schedule. However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. B. With respect to the insurance afforded to any additional insured shown in the Schedule of this endorsement, the following additional exclusion applies: This insurance does not apply to"bodily injury" or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. U-GL-1465-D CW (12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 Additional Insured — Owners, Lessees Or Contractors — ZURICHOe Completed Operations — Scheduled Policy No. Eff. Date of PoL Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GL09377201-11 10/31/2014 10/31/2015 10/31/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.3T 's endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: Location and Description of Additional Completed Operations: Premium: ANY PERSON OR ORGANIZATION TO WHOM OR ANY LOCATION OR PROJECT WHERE YOU ARE TO WHICH YOU ARE REQUIRED TO PROVIDE REQUIRED TO PROVIDE ADDITIONAL INSURED ADDITIONAL INSURED STATUS IN A WRITTEN STATUS IN A WRITTEN CONTRACT OR WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED AGREEMENT EXECUTED PRIOR TO THE LOSS, PRIOR TO THE LOSS EXCEPT WHERE SUCH EXCEPT WHERE SUCH CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT IS PROHIBITED BY IS PROHIBITED BY LAW. LAW. Section II —Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the"products-completed operations hazard". However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. All other terms and conditions of this policy remain unchanged. U-GL-1466-D CW(12-13) Page 1 al 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement ZURICH JPolicy No. Eff. Date of P0]. Exp. Date of Po]. Eft Date of End. Producer Add'].Prem Return Prem. GL09377201 11 10/31/2014 10/31/2015 10/31/2014 S $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/01) Page 1 of 1 J POLICY NUMBER:GLO 9377201-1 1 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE I Number of Days'Notice 60 Of no entry appears above, information required to complete this Schedule will be shown in the Dedarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation,as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 241093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 J 0 Coverage Extension Endorsement — Liability Only ZURICH Policy No. Eff. Date of PoL Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. JBAP9377199-11 10/31/2014 10/31/2015 10/31/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: J Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4) of the Coverage Extensions Provision in Section II —Covered Autos Liability Coverage are replaced by the following: (2) Up to$5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to$500 a day because of time off from work. U-CA-428-A CW(02-14) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section Il—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim,Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the"accident", claim,"suit" or"loss". However,these duties only apply when the"accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager(if you are a corporation). The failure of any agent,servant or employee of the"insured"to notify us of any"accident",claim, "suit" or"loss"shall not invalidate the insurance afforded by this policy. Include,as soon as practicable: (1) How, when and where the"accident"or"loss"occurred and if a claim is made or"suit"is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss"to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract: G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto" is leased, hired, rented or borrowed for a period of 60 days or less, I. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-428-A CW(02-14) Page 2d3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-428-A CW(02-14) Page 3 d 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us J Policy No. Eff: Date of Pol.. Exp. Date of Pol. Eff.Date of End. AgencyNo. Addl.Prem Return Prem. BAP 9377199-11 10/31/14 10/31/15 • This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address(including ZIP code): This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: All Persons And/Or Organizations That Are Required By Written Contract Or Agreement With The Insured,Executed Prior ToThe Accident Or Loss,That Waiver Of Subrogration Be Provided Under This Policy We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an"accident' or"loss"resulting from the ownership,maintenance, or use of a covered "auto"for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. Countersigned: Date: Authorized Representative U-CA-320-B CW(4/94) Page 1of1 COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. .� This endorsement modifies insurance provided by the following: BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days'Notice: 6 0 J (If no entry appears above.infor nation required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation, as provided in paragraph 2,of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement,is increased to the number of days shown in the Schedule above. kJ-GU-298-B CW(4/94) Page I of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All Persons And/Or Organizations That Are Required By Written Contract Or Agreement With The Insured, Exe- cuted Prior To The Accident Or Loss,That Waiver Of Subrogation Be Provided Under This Policy For Work Per- formed By You For That Person And/Or Organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC 9377202-11 Endorsement No. Insured Premium $ Insurance Company Countersigned by WC124(4-84) Page 1 of 1 WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTm ZURICH Modification of Time for Notice of Cancellation or Nonrenewal This endorsement modifies the cancellation or nonrenewal provisions of the policy and any other endorsement to the policy stating the number of days notice to be provided by us in the event of cancellation or nonrenewal. To the extent that the policy or other endorsement requires that we provide notice in the event of cancellation or nonrenewal,written notice will be given the insured no less than FO days prior to the effective date of the cancellation or nonrenewal. Nothing in this endorsement modifies the number of days notice to be provided in the event of nonpayment of premium. Any of these provisions that conflict with a law that controls cancellation of the insurance in this policy is changed by this statement to comply with the law. WC 99 06 33 U•WC•�I�•r1[5!03) Page 1ofI