HomeMy WebLinkAboutC2007-335 - 10/30/2007 - Approveda?
Van Fleet Construction
SPECIAL PROVISIONS
SPECIFICATIONS
AND
FORMS OF CONTRACTS RACTS AND BONDS
FOR
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY 2007 -2008
Colwell & Associates, Inc.
4444 Corona Drive Suite 105
Corpus Christi, Texas 78411
Phone: 361/857-7094
Fax: 361/851- 8179
FOR
WATER DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880 -3500
Fax: 361/880 -3501
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1 DRAWING N : NiA
2007-335
10/09/07
M2007-258
}yY
City of
Corpus
Christi
%.".".••
ADDENDUM NO. 1
September 24, 2007
TO: ALL PROSPECTIVE BIDDERS
PROJECT: 0.N. . TEVE T WATER TREATMENT PLANT ON -GOING INSTRUMENT
MAINTENANCE PROGRAM FY2 0 0 7 - 2008
PROJECT Igo. 8590
Prospective bidders are hereby notified of the following modifications
to the contract documents. These modifications shall become a part of
the contract documents. The provi
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O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE NCE PROGRAM
FY 2007 - 2008
PROJECT NO. 8590
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised May, 2006)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 7/5/00)
Worker's Compensations Coverage for Building or. Construction Projects
for Government Entities
SECTION 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 Acknowledgement 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 Traff -ic Co,.., e (Not Used)
: ipm nt Spillage and Tra k (Not Used)
A -15 E C (Not Used)
'' (Not Used)
A -17 Field Office
A-18 Schedule and-Sequence of Construction (Not Used)
(Not Used)
-- Testing and - C (Not Used)
A-21 Project a 4gn (Not Used)
A-22 Minority /Minority Business Enterprise Participation Policy (Revised
10/98)
A -3
A-24 Surety Bonds
(Not Used)
NO LONGER APPLICABLE (6/11/98)
A-26 Supplemental Insurance Requirements
A -27 Responsibility for Damage Claims
A-28 Considerations for Contract Award and Execution
A -29 Contractor's Field Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A -31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
A-35 City Water Facilities Special Requirements
A-36 Other Submittals (Revised 9/18/00)
A-37 Amended "Arrangement and Charge for Water Furnished by the City"
A-38 Worker's Compensation Coverage for Building or Construction Projects
for Government Entities
(Not Used)
A-40 Amendment to Section B-8-6; Partial Estimates
A -41 Ozone Advisory (Not Used)
A-42 OSHA Rules & Regulations
A -43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26/99)
(Not Used)
A 46 Dio oo l f- gh1 - Chlorinated ate -r7 /5 /01,) (Not Used)
P -c _ Csuction Exploratory - -E• eav .'.3 r 7 / 5 / ,) (Not Used)
A -48 Overhead Electrical Wires (7/5/00)
11
(Not Used)
A-50 Reporting Requirements
A-51 Contract Tern and Renewal
A-52 Final Acceptance and Warranty
Attachment O. N. Stevens Water Plant Visitor /Contractor On-Site Permit
PART B - GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION
CONTRACTS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART T - TECHNICAL SPECIFICATIONS
DIVISION 13 SPECIAL CONSTRUCTION
Section 13308
Section 13308
Section 13308
Section 13308
Section 13308
Section 13308
Section 13401
Section 13420
Section 13420
Instrument Maintenance Services
Attachment A, Instrument Database Listing (condensed) ,
O. N. Stevens Water Treatment Plant and
the River Station (all records)
Attachment B, Instrument Database Listing (condensed),
O. N. Stevens Water Treatment Plant
and the River Station instruments
requiring preventative maintenance)
Attachment C, Instrument Database Listing (condensed) ,
Remote Sites
Attachment D, SCADA Drawings
Attachment E, Area Map
Process Control Systems Ec Instrumentation Maintenance Work
Instrumentation Documentation Requirements
Attachment A, Example Loop Drawing, Loop
*TT-840-02
ENGINEERING STANDARDS
Section E15060 Piping Specification
LIST OF DRAWINGS - (NOT USED)
NOTICE
AGREEMENT
PROPOSAL /DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
0.N. TEVE1 S WATER TREATMENT PLANT ON- GOING INSTRUMENT MAINTENANCE PROGRAM
FY 07 -2008: consists of providing for one calendar year (12 calendar months) of
preventive maintenance services for instrumentation, analyzers, laboratory
instruments, and personal computers (PCs) . The contract will have one base year
wi
NOTICE TO CONTRACTORS INSURANCE REQUIREMENTS
Revised May, 2006
A
A Certificate of Insurance indicating proof of coverage in the following
is required:
amounts
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on
all certificates
Bodily Injury and Property Damage
PER OCCURRENCE AGGREGATE
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILT'i'Y- -OWNED NON -OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
I■M-
EXCESS LIABILITY
$2,000,000 COMBINED SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100, 000
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden E. accidental
discharge; to include long-term
environmental impact for the disposal of
contaminant s
BUILDERS' RISK
INSTALLATION FLOATER
$2,000,000 COMBINED SINGLE LIMIT
O REQUIRED
• NOT REQUIRED
See Section B-6-11 and Supplemental
Insurance Requirements
❑ REQUIRED
• NOT REQUIRED
$100,000 Combined Single Limit
See Section B-6-11 and Supplemental
Insurance Requirements
❑ REQUIRED
• NOT REQUIRED
Page 1 of
❑ The City of Corpus Christi must be named as an additional insured on all coverages
except worker's compensation liability coverage.
❑ The name of the Project must be listed under "description of operations" on each
certificate of insurance.
❑ For each insurance coverage, the Contractor shall obtain an endorsement to the
applicable insurance policy, signed by the insurer, providing the City with thirty
( o) days prior written notice of cancellation of or material change on any
coverage. The Contractor shall provide to the City the other endorsements to
insurance policies or coverages which are specified in section B-6-11 or Special
Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please contact the
Contract Administrator at 880 -3500.
Page 2 of
NOTICE TO CONTRACTORS - B
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NOTEIQ CONTRACTORS_- B
WORKER'S COMPENSATION COVERAGE FOR
BUILDING CONSTRUCTION PROJECTS
FOR GOVERNMENT ENTITIES
Texas law requires that most contractors, subcontractors, and
others Providing work or services for a City building or construction
pro di � must be covered by worker's compensation insurance, authorized
c,�
self-insurance,
or an approved worker's compensation coverage
agreement.
Even if Texas law does not require a contractor, subcontractor
r project services (including deliveries to the job
or others performing
provide 1 of the forms of worker's compensation . coverage,
site) individuals or�ov�da�x�g work
the City will require such coverage for all
• this Project ect at any time, including during the
or services on � motor are required to
ai ...ef f guaranty period . otor carriers which a..
regis:er with Texas ar en Transportation under Texas ivil
Statutes Article 6675c, and which provide accidental insurance
Civil Statutes Article 6675c, Section 4(j) need
cover�g under Texas C�
not provide 1 of the 3 forms of worker's compensation coverage.
ees to comply with all applicable provisions
of The Contractor ar � ,
' Code Title 28, Sect ion 110.110, a copy of
Texas Administrative
which is attached and deemed incorporated into the project contract.
�.c��
Please note that under section 110.110:
t language must be included in the Contractor's
City and the Contractor's contracts with
Contract with the � the
F • subcontractors and others providing services
Project;
2. is required to submit o the City
the #Contractor' � � and for alb
certificates of coverage for its employees #
subcontractors and others providing services on the Project.
.
is required to obtain and submit *updated
The Contractor � during the
certificates showing extension of coverage
Project; and
3. the Contractor is required to post the required notice at
the job site.
• the Contractor certifies that .t will timely
By s�g�ng this Contract,
comply y with these Notice to Contractors "Ell requirements.
I
b. t
I
NOTICE :O CONTRACTORS B
( e n ea 1/13 /96 )
Pace 1 of
8/7 eye
... £: ! iU.i LU
d) A contractor shall:
r aI 4
1) coverage for its errs i yees providing services on a project, fc. the duration of the project
rased on proper reporzing of classizacarion codes and payroll amounts and Eine
of any coverage
agreements;
' provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project
(3) provide the governmental entity-, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
ertificate of coverage ends during the duration of the project;
obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on fie certificates of coverage showing coverage for all persons providing services on
the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
notify the governmental entity in writing by certified mad or personal delivery, within ten days after
the contractor knew or should have 'moves of any change that materially affects the provision of
coverage of any person providing services on the project;
post a notice on each project site informing all persons provi
2STAC 10.110
with � � �-� .,�o�ie services o:: a project to:
(8) c rat: ac : 1 require each ve scfl with ho it contras s : , ;. •
.. � reporting of classification codes and payroll ::unt and fihing
provide coverage based on proper rc�,ort�.� of . #* � . � the for the duration
�� its � rov�o*�2 se. ��c..s on rr�e pror°c:.
of any corerase ree:::e ^: for i� :�r.�,. .�
of the project;
provide a certificate of coverage to the contractor prior to that person beginning work on the
proje ;
` • services project the I�ua�e in sube.�.�cr� (e)(3) of this
(C) include � contracts to provide e: v�c�. cry the pr � ..
soon
.. � - the covee period, new certificate f coverage
vice the contractor, prior to the end of .� ..�
ci:» �o . �. shown the current rttc :t o coverage
showing extension of coverage, coverage peso
ends dig the duration of the project;
,. � �, with whom it contracts, and provide to the contractor:
(E) obtain from each other person
.,.
to the ocher person �*�:� work the project; and
certificate of cerae� prior
r �
ate of cver� showing extension o e
end f the coverage period, new certo
prior the u .,� certificate of coverage :� during the
coverage period, if the coverage period shown on the curare.
duration of the project;
� Ede for the duration o project and for one year
retain all :�. n required cecates of coverage n
thereafter,
. �. - • - n� or personal delivery, ithist ten days
governmental entity writing by certified . .
(G) notify the of materially affects the provision of
after the person mew
or should have know of any change that ma y
an providing services on the roes and
ooverae of y person p �.
• • it contra, to perform as required by
contractually require each other person with whom p , . person
(H) � �� ,� - of coverage to be provided to tie
subparagraphs of this paragraph, with the certificate
for whom they are providing services.
project, other than a contractor, shall:
m on *ec
person providing
services p �
'' on a project, for the duration of the project
provide coverage for its employees providing services o
(1) � • �. - is and fin of any coverage
r er reporting of classification codes and payroll amounts g
based on p .�
agreements;
• � of required its contract to provide services on the project,
(2) provide a certificate or c as recd by
prior to being work on the project;
have the following g lan cage its contract to provide services on the
project "By signing this
the person �� thus
providing or causing to be provided a certificate of coverage, P .
contract or � � f �e person ��g this
is representing to the governmental entity that all employees o
contract �
will • # project will be covered workers' compensation coverage
contract who � prov�ce services on the rod by
,1' . os.state.t .t itac/2 /E 10/B/1 10.1 10.huril
NOTICE C CONTRACTORS - B
Revised 1/13/98)
Rage 5 cf 7
8/7/98
A.0 ..' . LL .1lV
... - .�,. � will on proper reortixa f classi
duration of the contract:
(F) retain ail required certificates of overage on e for the duration of the project and for one year
thereafter
• �- , t • ., • writing certified mail o r personal delivery, rim ten days
(0) notify the e��.�at emir/ by .. • •
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
with whom i
PART A
SPECIAL PROVISIONS
O. N. STEVENS EVEN WATER TREATMENT PLANT
ON-GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
SECTION A - SPECIAL PROVISIONS
A -1 Time and Place of Receivin Pro • osals /Pre -Bid Meetin
Sealed proposals will be received in conformity with the official advertisement
inviting bids for the project. Proposals will be received in the office of the
City Secretary, located on the first floor of City Hall, 1201 Leopard Street,
until 2:00 p . m. , Wednesday, October 10, 2007. Proposals mailed should be
addressed in the following manner:
City of Corpus Christi
City Secretary's Office
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL - O. N. STEVENS WATER TREATMENT PLANT
ON-GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008; Project No. 8590
A pre -bid meeting will be held on Wednesday, October 3, 2007, beginning at
10:00 a.m. The meeting will convene at the Department of_ Engineering Services
Main conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus
Christi, TX. and will include a discussion of the project elements.
No additional or separate visitations will be conducted by the City.
A-2 Definitions and Abbreviations
Section B -1 of the General Provisions will govern.
A-3 Description of Project
The project consists of providing for one calendar year (12 calendar months) of
preventive maintenance services for instrumentation, analyzers, laboratory
instruments, personal computers (PCs). The contract will have one (1) base
year with two one (1) year extensions. These maintenance services are support
for components of the site SCADA system, Programmable Logic Controllers (PLCs),
and SCADA equipment at the O. N. Stevens Water Treatment Plant, the Smith Drive
River Station raw water pumping facility on the Nueces River and at three
remote site locations throughout the City's Water Distribution System; all in
accordance with the plans, specifications and contract documents.
A-4 Method of Award
The bids will be evaluated based on the Total Base Bid, subject to the
availability of funding.
• The allowance amount {s} shown in the Base Bid Section 1, of the Bid Proposal
Form are included for bidding purposes only. Actual quantities will be
determined by actual field conditions and may be zero or a credit to the
City. Actual charges against the allowance(s) will be approved by the
Engineer, negotiated and paid for through the City's regular change order
process and authorized by the City Engineer.
Section A - SP
(Revised 12/15/04)
Page 1 of 24
z.
• The Supplemental Bid Proposal Cost Allowance for additional preventative
maintenance services is included to establish unit prices for services in
excess of those defined in Base Bid Section 2, of the Bid Proposal Form. No
work under this provision of the contract is authorized by the Director of
Engineering Services. Services under this provision of the contract will be
negotiated when the City determines that they are required. Any work to be
done under this provision of the contract will be authorized by a Change
Order.
Upon approval by the City Council, this contract may be renewable for up to (2)
two additional (1) one calendar year periods, (12 calendar months per calendar
year) - refer to A -51.
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 staff and Council shall
use absolute discretion in evaluating the acceptability of the Bidder's
qualifications including: Statement of Qualifications and information and
documentation required by items A-28, A-29, A-30 of these Special Provisions
that are required to be submitted with the Bid Proposal Form.
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: O. N. STEVENS WATER TREATMENT PLANT ON-
GOING INSTEDMENT MAINTENANCE PROGRAM FY2007 - 2008; Project No. 8590, as
identified in the Proposal)
{A Cashier's Check, certified check, money order, or bank draft from any
State or National Bank will also be acceptable.)
2. Qualification Statement, included with Bid Proposal Form.
3. Disclosure of Interests Statement, included with Bid Proposal Form.
4. Information and documentation retired by items A-28, A-29 and A-30 of
these Special Provisions.
A-6 Time of CompletionLiquiitd_pamagea
The working ing time for completion of the Project will be 365 calendar days. Upon
approoval by the City Council, this contract may be renewable for up to two
additional (1) one calendar year periods, (12 calendar months per calendar
year) - refer to A-51. 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.
+r_Wy— engineer) may withhold and d•
Contraator the amount of 1icjuida
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.
Section A - SP
(Revised 12/15/04)
Page 2 of 24
1
1
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1
1
1
1
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lend dad including or � ces � �'
rth� r for each c o the Contrast until ' damages
t r rr r employees yee
A -11 Cooperation with Public Agencies (Revised 7/5/00)
The Contractor shall cooperate aerate with all public and private agencies with facilities cperating
within the limits of the Prof ect . The Contractor shall provide a forty -eight (48) fir mice
to any applicable agency when wark is anticipated to peed in the vicinity of any facility by
using the Texas Excavation Safety System (Dig T SS) 1- 800 - 344 -8377, the Lone Star Notification
Ccmpany at 1- 800 -669 -8344, and the Soutstern Bell Date Group at 1- 800 - 828 -5127. For the
Contractor's convenience, r ce, the following telephone are listed.
City Engineer
A/E Project ivlanager/Engineer
Traffic Engineering
Police Department
Water Departnent
Wastewater Department
Gas Department
Storm Water Department
Parks Recreaticn Department
Streets & Solid Waste Services
AE P
S B C
City Street Div. for Traffic
Signal/Fiber Optic Locate
Cablevisican
ACSI (Fiber Optic)
INC (Fiber Cptic)
C oice:crt (Fiber optic)
CAPROC (fir optic)
Brooks Fiber Optic (NON)
A-12 Maintenance of Services
826 -3500
Michael E. Colwell, P.E.
Colwell & Associates, Inc.
4444 Corona Drive, Suite 105
Corte Christi, TX 78411
857-7094, fax: 851 -8179
S brie: 774 -6208
826 -3540
882 -1911
857 -1880 (880 -3140 after hours)
857 -1818 (880 -3140 after hours)
885 -6900 (885 -6900 after hours)
857 -1881 (880 -3140 after lours)
826 -3461
857 -1970
299-4833 (693-9444 after Yours)
881 -2511 1-- 800 - 824 -4424, after hours)
857 -1946
857 -5000
887 -9200
813 -1124
881 -5767
512/935-0958
972 -753 -4355
857 -1960
(857-5060 after hours)
(Pager 800 - 724 -3624)
(Pager 888- 204 -1679)
(Pager 850 -2981)
(Mobile)
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as -built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessary for the
construction of this type of project with regard to the location and nature of
underground utilities, etc. However, the accuracy and completeness of such
information is not gw.ranteed. It is the Contractor's sole and complete
responsibility to locate such underground features sufficiently in advance of
his operations to preclude damaging the existing facilities. If the Contractor
encounters utility services along the line of this work, it is his
responsibility to maintain the services in continuous operation at his own
expense.
In the event of damage to underground utilities, whether shown in the drawings,
the Contractor shall make the necessary repairs to place the utilities back in
service to construct the work as intended at no increase in the Contract price.
All such repairs must conform to the requirements of the company or agency that
owns the utilities.
Section A - SP
(Revised 12/15/04)
Page 4 of 24
oncountered-and
Sewage or oth
-into other oe
with the app
a Mteriaio-
1ineo -mu t
A-13 Area Access and Traffic Control (NOT USED)
- -- - - -- - - -
of tempo
t be used t
nicnce to of
to shed -1
s-aibility of the -
A-14 Construction Equipment Spillage and Tracking (NOT USED)
Contract-p rior:
t . ,.e -_o th T � site or-ad' -_i_ go t reef r =
A-15 Excavation and Remova l e (NOT USED)
*eaievelnlese-ethorwise noted,
Section A - SP
(Revised 12/15/04)
Page 5 of 24
dIng-but-not linitd to - -erw
+ +
theefore, no direct payment will- be -mad., to Cofttr.,cam.
A-16 Dis • osal /Barra# a of Materials (NOT USED)
4
A -17 Field Office
••_; _ -' _ -- -- ngin er or his r r o n - eve --w4 -
field o f ice at the - conctruetio -i e .- The field office - muot
-i h -an inclined table that - -me o o- t , c o 3 ,'
i as -- -required by the City Engi
FAX mac ; a4- - by the ntra r . - -'
field office ; -
The Contractor is not required to furnish a field office for this project.
However, if the Contractor desires to locate a portable building at the O. I.
Stevens Water Treatment Plant for use of Contractor's employees (for storage of
tools, parts, etc.), this is acceptable to the City. The size and location of
the building at the site must be approved in advance by the City. The City
shall have no liability for any of Contractor's property in such a building.
The Contractor should be aware that:
1.
There are several other trailers currently at the site. As a result, the
space available may not be in a location convenient to the work to be
performed.
2. Water, sewer, and telephone utilities may not be available in the
immediate vicinity of the Contractor's trailer. The cost of extending
these utilities to the trailer would be the responsibility of the
Contractor.
3. The cost of any building, utility, or other permits required
extending utilities and netting up the portable building are
responsibility of the Contractor.
4. No City shop facilities at the site are to be used by the Contractor.
A-18 Schedule and Sequence of Construction (NOT USED)
The Contractor shall
for
the
t - City Engineer at l ae thr (3) working dam prior to the
oonotruct -ion meeting.
Section A - SP
(Revised 12/15/04)
Page 6 of 24
t to the City Enginee
for review,
cte sequence of
„b., i tt.., D a ca -;- - - Indicate submittal for all submittale,
A-19 Construction Protect- Layout and Control UNTOT USED)
•
- requi red for
on—t4ie- dr wings , will—be provided b - the = ur
the - -work .
1 line o, Lslop
an be eotabli
-ontr. etor.
dgence wi I
Su*voyer at the expenee—ef—the—Genteeter,
A-20 Testing and Certification
cntretor. .
The Contractor must provide all applicable certifications to the City Engineer.
Section A - SP
(Revised 12115/04)
Page 7 of 24
A-21 Project Signs (NOT USED)
T c Ce t a t r- - must - -- furnish and inrstail 1 Pi
Contractor. The location f thcs s will
City Engineer.
A-22 Minority/Minority
10/98)
1. Policy
Business Enterprise
be determined - - -t e- cl the
Participation Policy (Revised
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women, and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of Corpus
Christi in support of Equal Employment Opportunity goals and objectives
of the Affirmative Action Policy Statement of the City dated October,
1989, and any amendments thereto. In accordance with such policy, the
City has established goals, as stated herein, both for minority and
female participation by trade and for Minority Business Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association, or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican-Americans, and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively own,
operate and/or actively manage, and share in payments from such an
enterprise in the manner hereinafter set forth:
1. Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
(b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
Section A - SP
(Revised 12/15/04)
Page 8 of 24
(c) For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor, or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.015 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. Minorit : See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate interest
of the MBE as a member of the joint venture in the work to be
performed by the joint venture. For example, a joint venture which
is to perform 50.0% of the contract work itself and in which a
minority joint venture partner has a 50.015 interest, shall be deemed
equivalent to having minority participation in 25.0% of the work.
Minority mercers of the joint venture must have either financial,
managerial, or technical skills in the work to be performed by the
joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract award
are as follows
Minority Participation
(Percent)
30
Minority Business
Enterprise
Participation (Percent)
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
Section A - SP
(Revised 12/15/04)
Page 9 of 24
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Comelianct
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 hi- weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
subunit bi- weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspection Required (Revised 7/5/00) NOT USED)
-.-,.he--appropriate building ino ections by the
Building---- Inspection -D n - at the various intervals-- -- of -- -work
permit io required and to ccu a - -inal in3pection after the building io
sin- - 2 of the General Provioiono is hereby
amended in that the Contractor muot- pay --
-i din Inopeotion epar ent,- and all other City fees, including
A-24 Surma Bonds
Paragraph two of Section B-3-4 of the General Provisions is changed to read
as follows
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10%) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (1 of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas. The amount of the bond reinsured by
any reinsurer may not exceed ten percent (1O%) of the reinsurer's
capital and surplus. For purposes of this section, the amount of
allowed capital and surplus will be verified through the State Board
of Insurance as of the date of the last annual statutory financial
statement of the Surety Company or reinsurer authorized and admitted
to do business in the State of Texas. The Surety shall designate an
agent who is a resident of Nueces County, Texas. Each bond must be
executed by the Contractor and the Surety. For contracts in excess
of $100,000, the bond must be executed by a Surety company that is
Section A - SP
(Revised 12/15/04)
Page 10 of 24
certified by the United States Secretary of the Treasury or must
obtain reinsurance for any liability in excess of $100,000 from a
reinsurer that is certified by the United States Secretary of the
Treasury and that meets all the above requirements. The insurer or
reinsurer must be listed in the Federal Register as holding
certificates of authority on the date the bond was issued."
A-25 Sales Tax Exemption (NOT USED)
f flow l in lieu thcrcof.
marts -- A_�
' --- prvementc to real prop
r -exemptions of Sales, under x ; ; and Ui a Tas l. ei
the Co,t r ctot-el- ots - -t3 operate - - orated contract -- .�__ b
y
separated contract,
Identi i _ _- pace on the
1]nrp ad into the arc ,
rrovide rcGale r t i f i a e ; pp erg
proposal value-of m terialr ,
pay-fe*-all-Saleesieeice, and Use Taxe
�cc
tractor nd_r, .-, 3 b,•„- ,,.,tom... -tcto
f
ale certificate - to his Rupp e.
f
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 chan.e to:
Section A - SP
(Revised 12115/04)
Page 11 of 24
1. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469 -9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days after
the date the City Engineer requests that the Contractor sign the Contract
documents.
Within thirty (30) calendar days after the date the City Engineer requests that
the Contractor sign the Contract documents, the Contractor shall provide the
City Engineer with a certificate of insurance certifying that the Contractor
provides worker's compensation insurance coverage for all employees of the
Contractor employed on the Project described in the Contract.
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an additional
insured under the insurance policy. The City need not be named as additional
insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement
to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs and
attorneys' fees, for or on account of any injury to any person, or
any death at any time resulting from such injury, or any damage to
any property, which may arise or which may be alleged to have arisen
out of or in connection with the work covered by this Contract. The
foregoing indemnity shall apply except if such injury, death, or
damage is caused directly by the negligence or other fault of the
City, its agents, servants, or employees or any person indemnified
hereunder.
A-27 Responsibility for Damage Claims (NOT USED)
amended to in ude;
Ln3uran
and in
Section A - SP
(Revised 12/15/04)
Page 12 of 24
A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform its
obligations under the proposed contract, then prior to award, the City Engineer
may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the claim
has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a financial
statement, prepared no later than ninety ( 9 days prior to the City Engineer's
request, signed and dated by the bidder's owner, president or other authorized
party, specifying all current assets and liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close -out procedures.
The superintendent shall be pre sent , on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five (5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer. The
Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
Engineer's obligation to execute a contract for this Project. If such approval is not
obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Section A - SP
(Revised 12/15/04)
Page 13 of 24
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:
All Bidders
, the three C3) ppatren
must submit to the City Engineer the following information with
their Proposals:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each major
component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for each
firm; and substantiation, either through appropriate certifications by
federal agencies or signed affidavits from the MBE firms, that such MBE
firms meet the guidelines contained herein. Similar substantiation will
be required if the Contractor is an MBE. If the responses do not clearly
show that MBE participation will meet the requirements above, the bidder
must clearly demonstrate, to the satisfaction of the City Engineer, that
a good faith effort has, in fact, been made to meet said requirements but
that meeting such requirements is not reasonably possible.
6. A list of subcontractors that will be working on the Project. This list
may contain more than one subcontractor for major components of the work
if the Contractor has not completed his evaluation of which subcontractor
will perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve all
proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the Contract,
then the City Engineer retains the right to approve any substitute or
replacement subcontractor prior to its participation in the Project.
Such approval will not be given if the replacement of the subcontractor
will result in an increase in the Contract price. Failure of the
Contractor to comply with this provision constitutes a basis upon which
to annul the Contract pursuant to Section B -7 -13;
nor at the
Section A - SP
(Revised 12/15104)
Page 14 of 24
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. With Proposal Wit in five (5) dayo following bid opt, submit in
letter form, information identifying type of entity and state, i.e.,
Texas (or other state) Corporation or Partnership, and name (s) and
Title (s) of individual(s) authorized to execute contracts on behalf of
said entity.
11. For the levels of competency described in paragraph 1.08 of Section 13308
of the Technical Specifications, provide the number of technicians
available at each level who are expected to do work under this contract,
and provide resumes for those technicians. Also provide the total number
of personnel currently employed by the company in each of these levels,
even if some of those personnel are not expected to do work covered by
this contract.
12. A listing of existing and previous contracts of a similar nature, with a
notation of which are current contracts; references (name and phone
number) for all contracts of a similar nature completed with the past
three years.
A-31 Amended Policy on Extra Work and Chan e Orders
Under "General Provisions and Requirements for Municipal Construction
Contracts" B-8-5 Policy on Extra Work and Chan.e Orders the present text is
deleted and replaced with the following:
Contractor acknowledges that the City has no obligation to pay for any
extra work for which a change order has not been signed by the Director
of Engineering Services or his designee. The Contractor also
acknowledges that the City Engineer may authorize change orders which do
not exceed $25,000.00. The Contractor acknowledges that any change
orders in an amount in excess of $25,000.00 must also be approved by the
City Council.
A-32 Amended "Execution of Contract" Re 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 pecial Provision A -1.
Section A - SP
(Revised 12/15/04)
Page 15 of 24
A -34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to the
technical specifications, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges, ATM
specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 City Water Facilities: Special Requirements
1. Visitor/Contractor Orientation
Prior to performing work at any City water facility, the Contractor, his
subcontractors, and each of their employees must have on their person a
valid card certifying their prior attendance at a Visitor/Contractor
Safety Orientation Program conducted by the City Water Department
Personnel. A Visitor/Contractor Safety Orientation Program will be
offered by authorized City Water Department personnel for those persons
who do not have such a card, and who desire to perform any work within
any City water facility. For additional information refer to Attachment
1..
2. Operation of City -Owned Equipment
The Contractor shall not start, operate, or stop any pump, motor, valve,
equipment, switch, breaker, control, or any other item related to City
water facility at any time. All such items must be operated by an
operator or other authorized maintenance employee of the City Water
Department.
3. Protection of Water Quality
The City must deliver water of drinking quality to its customers at all
times. The Contractor shall protect the quality of the water in the job
site and shall coordinate its work with the City Water Department to
protect the quality of the water.
4. 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 solvents, cleaners, lubricants, gaskets,
thread compounds, coatings, or hydraulic equipment. These items must not
be used unless they conform to ANSI /NSF Standard 61 and unless such items
are inspected on the site by authorized City personnel immediately prior
to use.
Section A - SF
(Revised 12/15/04)
Page 16 of 24
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 potable water.
5. 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
areas clean at all times and remove all trash daily.
6. Contractor's On-Site Preparation
a. Contractor's personnel must wear colored uniform overalls other than
orange, blue, or white. Each employee uniform must provide company
name and individual employee identification.
b. Contractor shall provide telephones for Contractor personnel. Plant
telephones are not available for Contractor use.
c. Normal working hours for preventive and scheduled corrective
maintenance will be 7:00 A.M. to 5:00 P.M., Monday thru Friday.
Preventive and scheduled corrective maintenance can be performed
outside these hours only with the prior approval of the O.N. Stevens
Water Treatment Plant Process Optimizer, Maintenance Superintendent,
or their designates. There are no time restrictions on call -out
maintenance.
d-. _ Ge -. r.., c t ..rte w t not aloe any- City - a i i -its
e. 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 are allowed at O. N. Stevens Water Treatment Plant. All
personnel must be in company vehicles. During working hours,
contractor employees must not leave the designated construction area
nor wander through any buildings other than for required work or as
directed by City Water Department personnel during emergency
evacuation.
7. 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
determined by meeting the qualifications 1 thru 9 below. This work
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 firm or h4s subcontractor firm proposing to perform the
SOADA work must be able to demonstrate the following:
Section A SP
(Revised 12/15/04)
Page 17 of 24
to
industry-.
c. The Contractor firm or subcontractor firm has been actively engaged
in the type of work specified herein for at least 5 years.
Esc
citiono
e. The Contractor firm or subcontractor firm employs personnel on this
Project who have successfully completed a manufacturer's training
course in configuring and implementing the specific computers,
1 TU ' s, and software proposed for the Contract, or will successfully
complete this training prior to being certified as a qualified Level
III Technician for the O N. Stevens Water Treatment Plant (refer to
Section 1.07C of Technical Specification 13308 for the requirements
for qualification as a Level III Technician).
f. The Contractor firm or subcontractor fir maintains a permanent,
fully staffed and equipped service facility within 400 miles of the
Project site to maintain, repair, calibrate, and program the systems
specified herein.
will be
' -Prof ect
w as
i 5
■r
TL. a Cr.r t tee+ e ,
8. Trenching Requirements
All trenching for this project at the 0. N. Stevens Water Treatment Plant
shall be performed using a backhoe or hand- digging due to the number of
existing underground obstructions. No trenching machines shall be
allowed on the project.
Section A - SP
(Revised 12/15/04)
Page 18 of 24
A-36 Other Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1) reproducible transparency for all shop
drawings.
c. Submittal Transmi
A-46 Disposal of Highly Chlorinated Water (7/5/00) ORM USED)
The—Gentr-aeter—ehall - be responaib
d- infi-, and line flu =
water ,- -part iulrly high le
-
ccccd thc pern►iooi = -
'"°�; EPA, etc.
the requirement
It will
-fo disinf� n,a
eat- _ � -
appr There shall be no
water . Contractor- - ohai
of contaminated water
A-47 Pre - Construction Exploratory Excavations (7/5/00) SNOT USED_ )
,a "„t� mit it to thc Engine
4 r
cxploratory cxcav tiens i
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 CP &L and inform CPO, of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are not.
It shall be the Contractor's sole responsibility to provide for adequate safety
with regard to overhead lines whether shown in the plans or not.
Section A - SP
(Revised 12/15/04)
Page 22 of 24
A-4_9 ,Amanda l -- "Maintenance Guaranty", (8/24/00) (NOT USED)
Under "General Provisions and Requirements for iuni - ,gip - -- - of t- r
Contracts," B- -11- Maintenance-Guaranty, add the following:
J L T z e Contractor's guarantee icy - a s pares -tee - additional remedy available -te
benefit the City of -Corpus Christi. - - - -N ith the guarantee nor a pi at4en
of the guarantee-period- will -- operate to reduce-,- -ref c o
, r
any rights—or rer edi-ee•- a -i1a i -- to the i-
ins -or causes of action against the Contractor or any other- i-i4a1
or entity.
A-50 Reporting Requirements
The Contractor shall satisfy all reporting and documentation requirements
detailed in Technical Specifications 13308 and 13420. Failure to do so will be
grounds for the City to assess liquidated damages. In particular, the
Contractor shall communicate with the appropriate City contact (s ) for the
equipment being worked on, as described in Specification 13308.
A-51 Contract Term and Renewal
The term of this contract shall be one calendar year (12 calendar months) from
issuance of Notice to Proceed by the City of Corpus Christi for this contract.
This contract may be renewed for up to two additional (1) one calendar year
periods, (12 calendar months per calendar year), upon the City Staff's
evaluation of the Contractor's successful performance (during the base year) of
the contract, approval by the City Council and agreement by the Contractor,
with equitable adjustments made for addition and deletion of equipment or
adjustment of required preventive maintenance frequencies.
A- 52 Final Acceptance and. _Warranty
Each item of work performed under this contract shall be subject to inspection
and acceptance by the City's representative. The Contractor shall notify the
Inspector when each work item is completed and shall submit a completed work
order or calibration form to the City's representative. The City's
representative will then make a final inspection of each work item; and, if the
work is satisfactory and in accordance with the specifications and contract, he
will sign the work order or calibration form and certify such completion for
Final Acceptance.
The Contractor shall warrant all materials and equipment furnished by
Contractor and all labor and workmanship for a period of one year (12 months)
from the date of Final Acceptance of each work item.
Section A - SP
(Revised 12/15/04)
Page 23 of 24
SUBMITTAL TRANSMITTAL FORM
PROJECT : 0 . I. STEVENS WATER TREATMENT PLANT ONGOING INSTRUMENT MAINTENANCE
PROGRAM FY 2007 — 2008, PROTECT N . 8590
OWNER : CITY F CORPUS PUS CHRISTI
ENGINEER: COLWELL Sc ASSOCIATES , INC .
CONTRACTOR
SUBMITTAL DATE: SUBMITTAL NUMBER
APPLICABLE SPECIFICATION
OR DRAWING SUBMITTAL
Section A SP
(Revised 12/15/04)
Page 24 of 24
A G R E E M E N T
THE STATE OF TEXAS 5
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 30TH day of OCTOBER, 2007,
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 R.E.
Rabalais Constructors, Ltd. dba Rabalais I &E Constructors termed in
the Contract Documents as "Contractor," upon these terms,
performable in Nueces County, Texas:
In consideration of the payment of $338,780.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
O.N.STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM FY 2007 -2008
PROJECT NO. 8590
(TOTAL BASE BID: $338,780.00)
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.
Agreement
Page 1 of 2
O.N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Base Bid - Section 1
I
II
III
IV
V
ITEM
QTY
Description
Unit
Price IN
FIGURES
BID ITEM
EXTENSION
(QTY X UNIT
PRICE)
1A
12
Calendar
Month
L.S.
Annual Preventive Maintenance
Services for Field and Board
Instrumentation at the 0. N.
Ctc,rcna w=1,.., + m ni-
Plant, complete in place,
including labor and
supervision for required
installation of spare parts
and other miscellaneous
components per Monthly Lump
10,215
$ 122,580
Sum
1B
L.S.
* MANDATORY allowance for
spare parts and other
miscellaneous components
furnished by Contractor to be
invoiced at Contractor's cost
plus fifteen per cent (15 %)
mark -up.
$ 25,000
$ 25,000
1C
L.S.
* MANDATORY allowance for
additional Annual Preventive
Maintenance Services for
Field and Board
Instrumentation at various
locations City -Wide, complete
in place, including labor and
supervision for required
installation of spare parts
and other miscellaneous
components per Lump Sum.
$ 25,000
$ 25,000
BASE BID - SECTION 1: $ 172,580
(Bid Items 1A +1B +1C)
Proposal Form
Page 3 of 13
O.N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Base Bid - Section 2
II
III
IV
ITEM
QTY
Description
Unit
Price IN
FIGURES
V
BID ITEM
EXTENSION
(QTY X UNIT
PRICE)
2A
200 HR Services to update City's
Instrumentation Data Base on a
monthly basis, complete and in
place per Hour.
$60.00
$ 12,000
2B
120 HR
Services to update City's
instrumentation Loop
Diagrams on a monthly basis,
complete and in place per Hour.
$60.00
$ 7,200
2C
3000 HR
Services for Journeyman
Electrician(s) throughout the
contract performance period.
It is anticipated that a
minimum of 10 hours per week
and up to 80 hours per week
will be required. The nature
of the work is associated with
the typical maintenance and
minor repairs for municipal
water treatment plant and pump
stations, complete and in place
per Hour.
$49.00
$147,000
BASE BID - SECTION 2: $ 166,200
(Bid Items 2A +2B +2C)
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
* The allowance amount(s) shown in the Base Bid Section 1, above are
included for bidding purposes only. Actual quantities will be
determined by actual field conditions and may be zero or a credit
to the City. Actual charges against the allowance(s) will be
approved by the Engineer, negotiated and paid for through the
City's regular change order process and authorized by the City
Engineer.
BID SUMMARY
BASE BID - SECTION 1:
(Bid Items 1A +1B +1C)
BASE BID - SECTION 2:
(Bid Items 2A +2B +2C)
TOTAL BASE BID:
$ 172,580
$ 166,200
$ 338,780
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Supplemental Bid Proposal
Cost Allowance for Additional
PREVENTIVE MAINTENANCE SERVICES
The following unit prices are established for services in excess of
those defined in Section 2A, 2B and 2C of this contract:
1. COST ALLOWANCE for additional services to update City's
instrumentation data base, per Hour:
$75 nn
(unit price)
per Hour
2. COST ALLOWANCE for additional services to update City's Loop
Diagrams, per Hour:
$75.00 per Hour
(unit price)
3. COST ALLOWANCE for additional services for journeyman
electrician(s) to perform "after- hours" work and emergency call
but work, per Hour:
$75.00
(unit price)
per Hour
No work under this provision of
Director of Engineering Services
the contract will be negotiated
are required. Any work to be
contract will be authorized by a
the contract is authorized by the
. Services under this provision of
when the City determines that they
done under this provision of the
Change Order.
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within ONE CALENDAR YEAR after construction is begun. Should
Contractor default, Contractor may be liable for liquidated damages
as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTE
City ecretary
APPRO D AS TO GAL
:
B Y
Asst. City Attorney
ATTEST: (If Corporation)
(Seal Below)
(Note: If Person signing for
corporation is not President,
attach copy of authorization
to sign)
CITY OF CORPUS CHRISTI
By: y%� f -oo w• 40/07
RuLk r' l'tu goy , AL. City MyL
ui ubli ' WuiRs nd ULilities
K.GSv_cur,z,�., P,IG.
By: 10-2/07
STS --'S
Director of Engineering Services
CONTRACTOR
R.E.Rabalais C.nstructors, Ltd.
%— at a =.cf=
dba
By:
Con
Title: I- /PENT
ructors
P.O.Box 10366
(Address)
Corpus Christi,TX 78460 -0366
(City) (State)(ZIP)
361/242 -3121 * 361/242 -2678
(Phone) (Fax)
Agreement
Page 2 of 2
M AIThUKIL J
dY CCURCI
SECRETARY P.
P R O P O S A L F O R M
F O R
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
J
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Proposal Form
Page 1 of 13
Proposal of
P R O P O S A L
Place: Corpus Christi, TX
Date : 10/10/07
a Corporation organized and existing under the laws of the
State of
OR
a Partnership or Individual doing business as
R. E. Rabalais Constructors, Ltd.
dba Rabalais I &E Constructors
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:
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
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 13
O.N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Base Bid - Section 1
I
II
III
IV
V
ITEM
QTY
Description
Unit
Price IN
FIGURES
BID ITEM
EXTENSION
(QTY X UNIT
PRICE)
IA
12
Calendar
Month
L.S.
Annual Preventive Maintenance
Services for Field and Board
Instrumentation at the O. N.
Stevens Water Treatment
Plant, complete in place,
including labor and
supervision for required
installation of spare parts
and other miscellaneous
per Monthly Lump
10,215
$ 122,580
components
1B
L.S.
* MANDATORY allowance for
spare parts and other
miscellaneous components
furnished by Contractor to be
invoiced at Contractor's cost
plus fifteen per cent (15 %)
mark -up.
$ 25,000
$ 25,000
1C
L.S.
* MANDATORY allowance for
add i..i.ivual .t iuivai Preventive
Maintenance Services for
Field and Board
Instrumentation at various
locations City -Wide, complete
in place, including labor and
supervision for required
installation of spare parts
and other miscellaneous
components per Lump Sum.
$ 25,000
$ 25,000
BASE BID - SECTION 1:
(Bid Items 1A +1B +1C)
Proposal Form
Page 3 of 13
172,580
O.N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Base Bid - Section 2
I
III
Iv
ITEM
QTY
Description
Unit
Price IN
FIGURES
v
BID ITEM
EXTENSION
(QTY X UNIT
PRICE)
2A
200 HR
Services to update City's
Instrumentation Data Base on a
monthly basis, complete and in
place per Hour.
$60.00
$ 12,000
2B
120 HR.
Services to update City's
instrumentation Loop
Diagrams on a monthly basis,
complete and in place per Hour.
$60.00
$ 7,200
2C
3000 HR
Services for Journeyman
1,'l ar+i -ri ri �n f a 1 �1^�rn��rrl�n�it tho
contract performance period.
It is anticipated that a
minimum of 10 hours per week
and up to 80 hours per week
will be required. The nature
of the work is associated with
the typical maintenance and
minor repairs for municipal
water treatment plant and pump
stations, complete and in place
per Hour.
$49.00
$147,000
BASE BID - SECTION 2: $ 166,200
(Bid Items 2A +2B +2C)
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
* The allowance amount(s) shown in the Base Bid Section 1, above are
included for bidding purposes only. Actual quantities will be
determined by actual field conditions and may be zero or a credit
to the City. Actual charges against the allowance(s) will be
approved by the Engineer, negotiated and paid for through the
City's regular change order process and authorized by the City
Engineer.
BID SUMMARY
BASE BID - SECTION 1:
(Bid Items 1A +1B +1C)
BASE BID - SECTION 2:
(Bid Items 2A +2B +2C)
TOTAL BASE BID:
$ 172,580
$ 166,200
$ 338,780
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
Supplemental Bid Proposal.
Cost Allowance for Additional
PREVENTIVE MAINTENANCE SERVICES
The following unit prices are established for services in excess of
those defined in Section 2A, 2B and 2C of this contract:
1. COST ALLOWANCE for additional services to update City's
instrumentation data base, per Hour:
$75.00
(unit price)
per Hour
2. COST ALLOWANCE for additional services to update City's Loop
Diagrams, per Hour:
$75.00 per Hour
(unit price)
3. COST ALLOWANCE for additional services for journeyman
electrician(s) to perform "after- hours" work and emergency call
out work, per Hour:
$75_00 per Hour
(unit price)
No work under this provision of the contract is authorized by the
Director of Engineering Services. Services under this provision of
the contract will be negotiated when the City determines that they
are required. Any work to be done under this provision of the
contract will be authorized by a Change Order.
STATEMENT OF QUALIFICATIONS
This section will be used by the Owner and Engineer for
consideration of the bid Award.
The Contractor, subcontractors, and supplier shall be qualified and
experienced in the performance of the work as described in the
Special Provisions, Items A -30 and A -35. The following statement
shall be filled out in order to demonstrate compliance with the
qualifications and experience requirements.
All questions must be answered and the data given must be clear and
comprehensive. This statement must be submitted with the proposal.
If necessary, questions may be answered on separate attached sheets.
Do not attach general advertising and marketing literature; non-
relevant materials will not be considered as part of the proposal.
Failure to complete the Qualifications Statement completely and
accurately shall be sole cause for the proposal to be considered
non - responsive. Proposals with an incomplete Qualifications
statement will not be evaluated and will be rejected.
Information and documentation required by Items A -28, A -29 and A -30
of the Special Provisions for this contract shall be submitted and
submitted with the proposal.
COMPANY INFORMATION
1. Name of Firm /Company submitting Proposal Form (Prime Contractor
only) :
R.E. Rabalais anstartcrs, Ltd., cia RRhalai.s I8E anstactcrs
2. Permanent main office address and telephone number:
11200 Up River Rd. (78410), P.O. Box 10366, Corpus Christi, TX 78460
3. When organized:
incorporated:
09/84
If a corporation, where
4. Contracts on hand: 9 (Provide a schedule of these,
showing name and address of Owner, amount of each contract and the
approximate anticipated date of completion.)
See Attached
5. Have you completed all contracts awarded to you? x Yes ^ No. If
no, submit details:
Proposal Form
Page 8 of 13
6. Have you ever defaulted on a contract? _ Yes x No If yes, where,
why, name of project, name and address of Owner, and name of bond
carrier:
7. Is your firm presently engaged in litigation with respect to any
claim regarding contract performance: Yes X No. If yes,
submit description and state case number, style of case and court
in which pending or in which judgment was entered:
8. Has your firm ever been assessed liquidated damages on any
project? x Yes _ No. If yes, submit details, including name
and address of the owner of the project.
City of Cbrcus Christi, P.O. Bac 9277, ChtrpLE Christi, 9X - Wi l liarrs Street / Canty cab L.S.
9. Have the principals of your firm been engaged in the instrument
and electrical contracting business under any other name within
the past five (5) years? If so, please provide the name of such
principal(s) and the name and address of the former business;
N/A
Proposal Form
Page 9 of 13
LIST OF FIRMS SUBCONTRACTING ON THIS PROJECT
In conformance with the Contract Documents, listed below are the
names, addresses and phone numbers of the firms subcontracting on
this contract and to what extent they will be used if awarded this
contract. This list shall not be modified except as requested of
and approved by the Owner, in writing. State if no subcontractor
firms will be used.
Name and Address of Subcontractor Type of Work
N/A
Proposal Form
Page 10 of 13
O. N. STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM
FY2007 - 2008
Project No. 8590
The undersigned hereby declares that he has visited the site
and has carefully examined the plans, specifications and. contract
documents relating to the work covered by his bid or bids, that he
agrees to do the work, and that no representations made by the City are
in any sense a warranty but are mere estimates for the guidance of the
Contractor.
Upon notification of award of contract, we will within ten
(10) calendar days execute the formal contract and will deliver a
Performance Bond (as required) for the faithful performance of this
contract and a Payment Bond (as required) to insure payment for all
labor and materials. The bid bond attached to this proposal, in the
amount of 5t 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 1 (one) Calendar Year. (12 Calendar Months) from the date
designated by a Work Order. This contract may be renewed for up to (2)
two additional (1) one calendar year periods, (12 calendar months per
calendar year) - refer to A -51, upon approval by the City Council.
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 rnvp.rp i hy $-hi a nrnrinmai i r ctrl r't arvrvnrrianrc w41-11 tha, rnrn4 -rani-
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Recei f the following addenda is acknowledged (addenda
number): No.
(SEAL - IF BIDDER IS
a Corporation)
Respect
Name:
By:
(SIGNATURE)
Address: P.O. Bic 10366 / 11200 Up lhr Ri.
(P.O. Box) (Street)
Q Ipis Christi, TX 78460 -0366
(City) (State) (Zip)
Telephone: 361-242-3121
NOTE: Do not detach bid from other papers.
Fill in with ink and submit complete
with attached papers.
Proposal Form
Page 11 of 13
(Revised August 2000)
P E R F O R M A N C E B O N D
BOND NO. 5004666
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT R.E.Rabalais Constructors, Ltd. dba Rabalais I&E Constructors Of
NUECES County, Texas, hereinafter called "Principal ", and
SURETEC INSURANCE COMPANY
a corporation
organized under the laws of the State of TEXAS , and duly
authorized to do business in the State of Texas, hereinafter called
"Surety ", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas,
hereinafter called "City ", in the penal sum of Three Hundred
Thirty -Eight Thousand, Seven Hundred Eighth and No/100($338,780.00)
DOLLARS, lawful money of the United States, to be paid in Nueces
County, Texas, for the payment of which sum well and truly to be
made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 30TH of OCTOBER , 20 07 , a copy of which is
hereto attached and made a part hereof, for the construction of:
O.N.STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM FY 2007 -2008
PROJECT NO. 8590
(TOTAL BASE BID: $338,780.00)
NOW, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and /or replace all defects due to faulty
materials and /or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 8TH
day of NOVEMBER , 20 07 .
PRINCIPAL
R.E. RABAT,
By:
STy CTORS / TD. DBA RABALAIS I & E CONSTRUCTORS
!tea LLYEL L i s .D 7
(Print Name & Titlef
ATTEST
Secretary
Secretary
200A..eA �tXCGM£ U�
(Print Name)
SURETY
SURETEC INSURANCE COMPANY
By:
Attorney- fact
MI RV ELIZIL Ii1E,
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas, for
delivery of notice and service of process is:
Agency:
Contact Person:
Address:
Phone Number:
SWANTNER & GORDON INSURANCE AGENCY
MARY ELLEN MOORE
P.O. BOX 870
CORPUS CHRISTI, TEXAS 78403
361 - 883 - -1711
(NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 9/02)
Performance Bond
Page 2 of 2
STATE OF TEXAS §
COUNTY OF NUECES §
P A Y M E N T B O N D
BOND NO. 5004666
KNOW ALL BY THESE PRESENTS:
THAT R.E.Rabalais Constructors, Ltd., dba Rabalais I &E Constructors of
NUECES County, Texas, hereinafter called "Principal ",
and SURETEC INSURANCE COMPANY ,a corporation
organized under the laws of the State of TEXAS , and
duly authorized to do business in the State of Texas, hereinafter
called "Surety ", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas,
hereinafter called "City ", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of
Three Hundred Thirty -Eight Thousand, Seven Hundred Eighty and
No /100($338,780.00)DOLLARS, lawful money of the United States, to
be paid in Nueces County, Texas, for the payment of which sum well
and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 30TH day OCTOBER, 2007, a copy of which is
hereto attached and made a part hereof, for the construction of:
0.N.STEVENS WATER TREATMENT PLANT
ON -GOING INSTRUMENT MAINTENANCE PROGRAM FY 2007 -2008
PROJECT NO. 8590
(TOTAL BASE BID: $338,780.00)
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant ", "Labor" and "Material ",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19 -1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 8TH
day of NOVEMBER , 20 07
PRINCIPAL
R.E. RAB
By:
ORS, D. DBA RABALAIS I & E CONSTRUCTORS
ATTEST
Secretary ,
`evefL.l.e -t 1 d`Czc�24�
(Print Name)
SURETY
SURETEC INSURANCE COMPANY
By:
Attorne fi' -fact
MARY E EN MOORE
(Print Name)
The Resident Agent of the Surety in Nueces County, Texas, -foamy}
delivery of notice and service of process is:
Agency: SWANTTRR CnRnnN TNSURANC V AFNCY
Contact Person: MARY ELLEN MOORE
Address: P.O. BOX 870
Phone Number:
CORPUS r1=1R -LCTC, mgrs 7890.3
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02)
Payment Bond
Page 2 of 2
POA #: 4221023
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Randal M. Lee, Mary Ellen Moore, Kristi Roberts, Leroy A. Ryza, Diann Eisenhauer
of Corpus Christi, TX its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the
premises. Said appointment shall continue in force until 12/31/08 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons asAttorney(s)-in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolver, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 204 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
TEC b RANCE COMPANY
State of Texas
County of Harris
SS:
By:
reside
t
On this 20th day of June, A.D. 2005 before me personally came B.J: King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
=Michelle eo sale of lkos
ee Michelle Denny, Notary lie
August My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this
8TH daY
.s
"Afj,
Brent Bea
, 20 07 , A.D.
istant Sec
tart'
Any Instrument Issued in excess of the penalty stated above is totally vold and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint at: 1- 866 - 732 -0099. You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1 -800 -252 -3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714 -9104
Fax #: 512 -475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shah not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev 11.11.03
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
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 ".
FIRM NAME R. E. Rabalais Constructors, Ltd., dba Rabalais I &E Constructors
STREET: 11200 Up River Rd. CITY: Corpus Christi ZIP: 78410
•
FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm ".
Name Job Title and City Department (if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm ".
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm ".
Name Board, Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm ".
Name Consultant
N/A
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that 1 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: Bob Cuvel 1. , Title:
Signature of Certifying Person:
Proposal Form
P flo 1') ..F 1
President
Date: 10/10/07
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. "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.
c. "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.
d. "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.
e. "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 holding or control established through voting trusts, proxies or
special terms of venture or partnership agreements.
f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Proposal Form
Page 13 of 13
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Swantner & Gordon Ins. Agcy -CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2. 0. Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Corpus Christi TX 78403 -0870
Phone:361- 883 -1711 Fax:361- 844 -0101
INSUHfD
CSR CM DATE IMM(DDIYYYY)
RABAL -3 09/26/07
PRODUCER
Rabalais I &E Constructors
P 0 Box 10366
Corpus Christi TX 78460
INSURERS AFFORDING COVERAGE
INSURERA Texas Mutual Insurance Co
INSURER IL. Praetorian SpneiaitY Insurance .._.. _,_._.,... .__
INSURER C: Southern Insurance Co
linuRI:Rn. Amer Intl Spec 1,ns Ins Co
INSURER L ..__..., ..
COVERAGES
THL POLICIES OF INSURANCE LISTED BELOW INVE BEEN ISSUED TO TIME INSURED NAMED ABOVE FOtR THE POLICY PERIOD INDICATED. NOTWITI'STANDING
ANY REQUIREMENT, TERM OR CONDI RON OF ANY CONTRACT OR OTHER DOCUMENT Wll'H RESPECT 10 WHICH THIS CERTIFIC.ATL MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POI ICIE S DESCRIBED HEREIN IS SUBJECT TO ALI THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AI1TP1-
LTR INSR TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL. GENERAL I IARII.IIY
1 CLAIMS MADE X 1 OCCUR
GI:N'L AGGREGATE LIMIT APPLIES PER-
POLICY IX jFCT h I.00
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON OWNED AUTOS
GARAGE LIABILITY
ANY AU 10
EXCESSIUMBRELLA LIABILITY
1 OCCUR 1 CLAIMS MADE
X
B
B
DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMEN
POLICY NUMBER
PSITX0002571
DATE (MMIOD)E
10/01/07
POLICY TE (MMIDDIY))N
10/01/08
7
NAIL
22945
LIMITS
EACH OCCURRENCE
UAMAC+k 1U RENTED-
PREMISES (Ea ocarence) __
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS . COMP /OPAGG
Emp Ben.
$1,000,000
$200,000
$ 501,000
$ 1,000,000 v(2,000,000
$2,000,000
1,000,000
DEDUCTIBLE
RETENTION $10,000/
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PIIOPRU TORJPARTNE RIEXCCUTNI:
OFFICI:RJMEMLIER EXCLUDED
11
yes. desuthc rimer
SPECIAL PROVISIONS below
OTHER
Installation Fltr. PSITX0002571 10/01/07 10/01/08
Equipment Fltr. PSITX0002571 10/01/07 10/01/08
T !SPECIAL PROVISIONS
BAP5635511
4943913
s
TSF0001183839
10/01/07
10/01/07
10/01/07
10/01/08
10 /01 /08
10/01/08
COMBINED SINGLE LIMIT
(Ca accident{
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
!'ROPIER I Y OAMAGL
(Per accident)
1,000,000
$
$
$
AUTO ONLY• FA ACCIDENT 3
EA ACE: $
AGO $
OTHER THAN
AUTO ONLY.
EACH OCCURRENCE $15,000,000
AGGREGATE ,.` -_. _.....__ $15,000,000
S
1
$
Uslr
X I WC STATU. I TORYLIMI_FS_l_._._.I_LR_.._. . _
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE EA t_MPLOYEE $ 1 , 000000
E.L DISEASE - POLICY LIMIT $ 1 , 000 , 000
Each Inst
Rntd /isd
Project: O.N.Stevens Water Treatment Plant On -Going Instrument Maintenance
Program FY 2007 -2000 - Project No'. 8590. The City of Corpus Christi is named/
as additional insured on all General Liability and all Auto Liability
policies. *30 Day NOC not applicable to Umbrella Policy.
CERTIFICATE HOLDER
CANCELLATION
CICC -CC
City of Corpus Christi
Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi TX 78469 -9277
ACORD 25 (2001/08)
$500,000
$500,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREj'I4E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3 0 ✓ ✓DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 5O SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU ORIZED RE' - • SENTA VE
OACORD CORPORATION 9988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACOR❑ 25 (2001108)
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
'I-1 IlS ENDORSEMENT CHANGES TI"1F: POLICY - PLEASE ASE READ 1'1' CAREFUT,LY
/ADDI'T'IONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED DULEI) PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
V COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCI-1 EDU I,I
Name or Person or Organization:
City or Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, 'Texas 78469 -9277
(If no entry appears above, information required to complete this endorsement will he shown in the Declaration as
applicable to this endorsement.)
A. Section 11 - -- Who is An 'Insured is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
13. With respect to the insurance aifitrded to these additional insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or properly 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 Tor a
principal as part of the same project
(G 20 10 10 01
Insured: Rabalais T & E Constructors
Effective: 10/1/2007
Randal M. Lee
Authorized Representative
Pol f1 PSYI'X0002571
Managing Partner
Title:
v' ADDITIONAL INSURED
This codoisement modifies insurance provided under the following:
1
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE CORM
TE 99 0111
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below:
T;.rrdorscment Effective Policy Number
10/1/2007
f3AI'563551 I
i�
Named Insured
Countersigned by
(Authorized Representative)
The provisions and exclusions that apply to 1.1A BRAIN'. COVF,RAGE also apply to this endorsement.
Additional Insured:
City of Corpus Christi
/ Dept. Of Engineering Services
l/ Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, TX 78469 -9277
is an insured, but only with respect to legal responsibility for acts or omissions ot'a person for whom Liability Coverage is
afforded under this policy.
The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return
premium aind any dividend, if applicable, declared by us shall be paid to you.
You are authorized to act for the additional insured in all matters pertaining to this insurance.
We will retail the additional insured notice of any cancellation of this policy. lithe cancellation is by us, we will give ten
days notice to the additional insnretl.
The additional insured will retain any right of recovery as a claimant under this policy.
FORM 'TE 99 0111 - ADDITIONAL INSURED
Texas Standard Automobile Endorsement
Prescribed by March 19, 1992
A'T TACI I ME NT 2
2 OF 2
COMMERCIAL GENERAL LIABILITY
.ITY
(Xi 02 05 01 96
T'IIIS ENDORSEMENT C1 -TANG[ S THE POLICY - PLEASE READ IT CAREFULLY
v TEXAS CHANGES - AMENDMENT OF CANCELLATION
PROVISIONS OR COVERAGE CIIANGE
"Phis endorsement modifies insurance provided under the fbllowing:
COMMERCIAL GENERAL LIABILI'T'Y COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNFRS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE I..IABI1.ITY COVERAGE PAR'!'
I n the event of cancellation or material change that reduces restricts the insurance afforded by this Coverage Part, we
agree to mail prior written notice of cancellation or material change to:
SCHEDULE
1
City of Corpus Christi
Dept. Of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Number of days advance notice: 11 -iIRTY (30)
Named insured: Rabalais 1 &E Constructors
Policy Number: PS1TX0002571
Effective Date of This Endorsement: 10/1/2007
Authorized Representative:
Name (Printed): R. M. Lee
Title (Printed): Managing Partner
CG0205 (01/96)
ATTACIF1MTNT 3
1 OF 3
TF, 02 02A
CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below:
Policy Number
BAP5635511
Endorsement Effective
10/ 1 /2007
Nained Insured
Rabalais .1 &. l.; Constructors
J
Countersigned by
(Authorized Representative)
THIRTY (30) clays before this policy is canceled or materially changed to reduce or restrict coverage we will mail notice
of the cancellation or change to:
City of Corpus Christi
Dept. Of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Authorised Representative:
V
Name (Printed):
Title (Printed):
FORM TE 02 02A -
R. M. Lee
Managing Partner
CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
Texas Standard Automobile Endorsement
(Ed. Effective 3/92)
ATTACHMENT 3
2 ON 3
WORKC,RS COMPENSATION AND EMPLOY LIABILITY INSURANCE POLICY
WC 42 06 01
(cm). 7 -85)
TEXAS NOTICE OF MA"I'ERIAI. CHANGI; 1?NI)ORSfi.MENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization
named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 30 1/
2. Notice will be mailed to:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
1 >0 3ox 9277
Corpus Christi, TX 78469 -9277
This endorsement changes the policy to which it is attached and is etlective on the date issued unless otherwise stated. (The
information below is required only when this endorsement is issued subsequent to preparation oldie policy.)
Endorsernent Effective: 10/1/2007 Policy No. TSf. 0001183839
Insured Ialaalais 18c E Constructors
insurance Company
WC 42 06 01
([d. 7 -84)
Texas Mutual
Company
Insurance Countersigned Hy:/
Endorsement No. 1
Premium $
Name (Printed): R. M. Lee
Title (Printed): Managing Partner
ATTACHIMENT 3
3OF3
GENIiRAL..
ENDORSEMENT
Name of Person or organization insured Rabalais 1 & E Constructors
I)aie this endorsement bikes effect 10/1/2007 Endorsement Number
Policy Number PS11 X0002571
Policy Period 10/1/2007
Installation Floater
Name of Company issuing this endorsement Praetorian Specialty Insurance Company
(We will not lilt in the above unless we issue this endursemenl after we issue your policy)
In consideration of no change in premium, add the following as an additional insured:
City of Corpus Christi: Department of Engineering Services
Attn: Contract Administrator
P 0 Box 9277
Corpus Christi, 'I'X 78469 -9277
Should the above described policy be canceled or materially changed before the expiration date thereof, the issuing
company will mail 30 days written notice to the above named.
Signature:
K K- 0:1_,00
Authorized Agent
ATTACI[M ENT 4
1 Of 1