HomeMy WebLinkAboutC2008-488 - 9/30/2008 - Approved- , , 2008-488
S P E C I A L P R O V I S I 09/30/08
M2008-257
S P E C I F I CAT I O N Holloman Corporation
A N D ,
FORM S O F C O N T RAC T S A N D
F O R
BOND S
OSO WATER RECLAMATION PLANT HEADWORKS
ODOR CONTROL SYSTEM
PREPARED BY:
B. Harman Engineering, LLC
4337 Lake Ontario Drive
Corpus Christi, Texas 78413
Phone: 361/742-3665
Fax: 361/299-2291
FOR:
DEPARTMENT OF ENGINEERING SERVICES
.CITY OF CORPUS CHRISTI, TEXAS
.Phone: 361/680-3500
Fax: 361/880-3501
PROJECT NO: 7402
DRAWING NO: STL 166
OF
h ~
BHASKAR H. PATEL
...................
'~: .63585 as
r /r`~
(Revised 1/1/04)
OSO WATER RECLAMATION PLANT HEADWORKS ODOR CONTROL SY3TEM
PROJECT NO. 7402
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CONTRACTORS - A (Revised august 2008)
Insurance Requirements
NOTICE TO CONTRACTORS - B (Revised 2008)
Worker's Compensation Reporting Requirements for Building or
Construction Projects For Government Entities
PART A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method o£ Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 Workers Compensation Insurance Coverage
A-e Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-11 Cooperation with Public Agencies (Revised 7/5/00)
A-12 Maintenance of Services
' (NOT IISED)
A-14 Construction Equipment Spillage and Tracking
A-15 Excavation and Removals
A-16 Disposal/Salvage of Materials
is la -~ NOT IISBD
A-16 Schedule and Sequence of Construction
A-19 Construction Project Layout and Control
A-20 Testing and Certification
A-~~ ^'-_~__« °: ~-_ NOT IISED
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A-24 Surety Bonds
^ ^° °^'-^ '" ^~^«'^^ (6/11/98) NO LONGER APPLICAHLB
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
..: «... _ _ ,.: , : «: e- _~., - _, ., - NOT IISSD
1
A-36 Other•Submittals (Revised 9/18/00)
37 - ~ ~+-____ c.... m~ _ _ ..t.,~ ,.... «~..., n:«..~ (NOT IISED)
A-38 Worker's Compensation Coverage for Building or Construction Projects for
G
overnment Entities
NOT USED
A-40 Amendment to Section B-8-6: Partial Estimates
D_"-'- '-'c=: ~ •.".~:-i.,.,~y NOT USED
A-42 OSHA Rules & Regulations
A-93 Amended Indemnification & Hold Harmless (9/9$)
A-44 Change Orders (9/26/99)
A-95 As-Built Dimensions and Drawings (7/5/00)
n_nc ____ _ __u: y~ir nt,i_ NOT USED
A-97 Pre-Construction Exploratory Excavations (7%5/00)
A-98 Overhead Electrical Wires (7/5/00)
A-99 Amend "Maintenance Guaranty" ($/24/00)
A-50 Hazardous Material
A-51 Amended "Prosecution and Progress"
A-52 Trench Safety
PERT S - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREL~.NTS
PART S - STANDARD SPECIFICATI0N3
021 SITE PREPARATION
021020 Site Clearing and Stripping
021090 Site Grading
021080 Removing Abandoned Structures
022 EARTHWORK
022020 Excavation and Backfill for Utilities & Sewers
022022 Trench Safety for Excavations
022100 Select Material
022420 Silt Fence
025 ROADWAY
0252 SUBGRADES & BASES
025205 Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replacement (5-54)
025220 Flexible Base - Caliche
0259 ASPHALTS & SURFACES
025904 Asphalts, Oils and Emulsions (5-29)
025412 Prime Coat (5-30)
025424 Hot Mix Asphaltic Concrete Pavement (Class A)
0256 CONCRETE PAVEMENT
025608 Inlets (S-63)
025612 Concrete Sidewalks and Driveways
027 SEWER & DRAINAGE
0272 GENERAL
027202 Manholes
0274 STORM SEWERS
027402 Reinforced Concrete Pipe Culverts (S-60)
030 CONCRETE, GROUT
030020 Portland Cement Concrete
032020 Reinforcing Steel (5-92)
038000 Concrete Structures
050 METALS
050200 Welding (S-93)
055920 Frames, Grates, Rings and Covers
PART T - TECHNICAL SPECIFICATIONS
DIVISION 13 SPECIAL CONSTRUCTION
130800 Biofilter Odor Control System (7,OOOSCFM)
130810 Biofilter Odor Control System (900SCFM)
DIVISION 16 ELECTRICAL
160010 Electrical General Specifications
LIST OF DRAWINGS
1. Title Sheet & Vicinity Map
2. General Notes
3. Overall Site Plan
4. Headworks Scrubber No. 1 Site Demolition Plan
5. Headworks Scrubber No. 1 Mechanical and Electrical Demolition Plan
6. Scrubber No. 2 Mechanical and Electrical Demolition
7. Biofilter Unit No. 1 Site Piping Plan
8. Biofilter Unit No. 1 Site Grading Plan
9. Biofilter Unit No. 1 Site Electrical Plan
l0.Biofilter Unit No. 2 Piping s Electrical Plan
11. Biofilter No. 1 Plan and Miscellaneous Details
12.LS # 2 Odor Control Plan and Miscellaneous Details
13.Sprinkler System Details
14.Nlodifications to Electrical One-Line Diagram MCC-2A ~ MCC-2B for Biofilter No.l
15.Modifications to Electrical One-Line Diagram MCC-3A & MCC-3A for Biofilter No.2
16.Biofilter No.l and 2 Miscellaneous Electrical Details
17.Foundation Details
18.Miscellaneous Details
19.Standard Storm Water Details Sheet 1 of 2
20.Standard Storm Water Details Sheet 2 of 2
NOTICE
. - a i:,~
PROPOSAL/DISCLOSURE
PERFORt~lNCE BOND
PAXI~NT BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
OSO Water Reclamation Plant Headworka Odor Control System shall consist of
installation of two new Passive Earth Biofilters complete with all
appurtenances, concrete structures, slabs and sidewalks, underground air
duct, drainage and yard piping and electrical wiring and controls. The
project also requires demolition of existing chemical scrubbers along with
all piping, concrete slabs and electrical wiring as shown on the plans and
called for in the specifications and contract documents;
will be received at the office of the City Secretary until 2:00 p.m. on
Wednesday, September 03, 2008, and then publicly opened and read. Any bid
received after closing time will be returned unopened.
A pre-bid meeting is scheduled for Thursday, August 28, 2008 beginning at
10:00 a.m. The pre-bid meeting will be conducted by the City, and will
convene at the Department of Engineering Services Main Conference, Third
Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas.
A bid bond in the amount of 5g of the highest amount bid must accompany
each proposal. Failure to provide the bid bond will constitute a non-
responsive proposal which will not be considered. Failure to provide
required performance and payment bonds for contracts over $25,000.00 will
result in forfeiture of the 5~ bid bond to the City as liquidated damages.
Bidder's plan deposit is subject to mandatory forfeiture to the City if
bidding documents are not returned to the City within two weeks of receipt
of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fifty and no/100 Dollars
($50.00) as a guarantee of their return in good condition within two weeks
of bid date. Documents can be obtained by mail upon receipt of an
additional ($10.00) which is a non-refundable postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be done and that
such wage scale is set out in the contract documents obtainable at the
office of the City Engineer and the Contactor shall pay not less than the
wage rates so shown for each craft or type of "laborer,' "workman," or
"mechanic' employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, seems
most advantageous to the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
/s/'Angel R. Escobar, P.E.
Director of Engineering Services
/s/ Armando Chaps
City Secretary
Revised 7/5/OD
NOTICE TO CONTRACTORS - A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised August, 2008
A Certificate of Insurance indicating proof of coverage in the following amounts
is required:
TYPB OF INSURANCE MINIMOM INSIIRANCB COV8RAG8
30-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates P8R OCCDRR8NC8 / AGGRHGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 CONIDINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental ^ REQUIRED
discharge; to include long-tern X NOT REQUIRED
environmental impact for the disposal of
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
® NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental
insurance Requirements
® REQUIRED
^ NOT REQUIRED
Page 1 of 2
^ The City of Corpus Christi must be named as an additional insured on all coverages
except worker's compensation liability coverage.
^ The name of the Project must be listed under "description of operations" on each
certificate of insurance.
^ For each insurance coverage, the Contractor shall obtain an endorsement to the
applicable insurance policy, signed by the insurer, providing the City with thirty
(30) days prior written notice of cancellation of or material change on any
coverage. The Contractor shall provide to the City the other endorsements to
insurance policies or coverages which are specified in section B-6-11 or Special
Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have nay questions regarding insurance requirements, please contact the
Contract Administrator at 880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 1 l
Texas Administrative Code
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORI~RS' COMPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBCHAPTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Building or Construction
Projects for Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if so defined.
(1) Certificate of wverage (certificate)--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement) providing services on a project, for the duration of the project.
(2) Building orconstruction--Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage-Workers' wmpensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning ofwork on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food beverage vendors, office supply
deliveries, and delivery of portable toilets.
(8) Project--Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who aze providing services on the
project aze covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of aself-insured, with the
commission's Division ofSelf-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A govemmental entity that enters into a building or construction contract on a project shall:
(1) include in the bid specifications, all the provisions of pazagraph ('n of this subsection, using
the language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph ('~ of this subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration ofthe coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of wverage on file for the duration of the project and for three years
thereafter;
(~ provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
('n use the language contained in the following Figure 1 for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Graphic
Page 3 of I 1
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
govemmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site infonning all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requu•ements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the cun'ent certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(En contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(II) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the wverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of 1 l
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known of the
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the
Prolcet~
(C) include in all contracts to provide services on the project the language in pazagraph (3) of
this subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end ofthe coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(I-i) contractually require each person with whom it wntracts, to perform as required by this
subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declared to be severable.
(g) This rule is applicable for building or constntction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not requved by
law to be advertised for bid.
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes; Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c), and who aze explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1,
1996.
Source Note: The provisions of this § t 10.110 adopted to be effective September 1, 1994, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 1 I
T28S110.110(d)(7)
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verb whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage. "
Page 8 of 11
T28S 110.110(c)(7)
Article .Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of
authority toself-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of arty entity which furnishes persons ro provide services an the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery ofportable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes arul
payroll amounts and frling ojarry coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the gavernmerrtal entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a ru'<v certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of 11
F. The contractor shall retain all required certificates ofcoverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially of fects the provision ofcoverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing al! persons providing
services on the project that they are required to be covered, and stating hotiv a person may ver fy
coverage and report lack ofcoverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(I) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of arty coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services an the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate ofcoverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a cert~cate ofcoverage, prior to the other person beginning work on the project; and
(b) a new certificate ofcoverage showing extension ofcoverage, prior to the end of the coverage
period, tf the coverage period shown on the current certificate ofcoverage ends during the
duration ojthe project;
(S) retain all required cert~cates ofcoverage on file for the duration of the project and for one
year thereafter;
(6) notes the governmental entity in writing by certified mall or personal delivery, within 10
days after the person knew or should have known, of arty change that materially affects the
provision of coverage of airy person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the cert~cates ofcoverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate ofcoverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amourus, and that all coverage agreements will be fried with the appropriate
-insurance carrier or, in the case of a self-insurers with the commission's Division of Se f
Page 10 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Page 11 of 11
PART A
SPECIAL PROVISIONS
OSO WATRR RECLAMATION PLANT HEADWORICS ODOR CONTROL SYSTEM
CITY PROJRCT N0. 7402
SHCTION A - SPECIAL PROVISION3
A-1 Time and Place of Receiving Proposals/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,
September 3, 2008. 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: SID PROPOSAL -
HEADWORIC3 ODOR CONTROL
A pre-bid meeting will be held on Thursday, August 28, 2008, beginning
at 10:00 A.M. The meeting will convene at the Engineering Services
Main Conference Room, 3`d floor, located at 1201 Leopard Street City
Hall and will include a discussion of the project elements. A site
visit will follow the meeting.
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
OSO Water Reclamation Plant Headworks Odor Control System shall
consist of installation of two new Passive Earth Biofilters complete
with all appurtenances, concrete structures, slabs and sidewalks,
underground air duct, drainage and yard piping and electrical wiring
and controls. The project also requires demolition of existing
chemical scrubbers along with all piping, concrete slabs and
electrical wiring as shown on the plans and called for in the
specifications and contract documents
A-4 Method of Award
The bids will be evaluated based on the Total ease Bid, subject to the
availability of funds:
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.
Section A - SP
(Revised 12/15/04)
Page 1 of 26
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5'k Bid Bond (Must reference: OSO WATER RECLAMATION PLANT gEADWORRS
ODOR CONTROL SYSTEM,PROJECT N0.7402 as identified in the Proposal).
(A Cashier's Check, certified check, money order or bank draft from
any State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
3. Information and documentation required by items A-28, A29, and A-
30 of these Special Provisions.
A 6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 210 calendar
days. The Contractor shall commence work within ten (10) calendar
days after receipt of written notice from the Director of Engineering
Services or designee ("City Engineer") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such
time period as extended pursuant to other provisions of this Contract,
$500 er calendar day will be assessed against the Contractor as
liquidated damages. Said liquidated damages are not imposed as a
penalty but as an estimate of the damages that the City will sustain
from delay in completion of the work, which damages by their nature
are not capable of precise proof. The Director of Engineering
Services (City Engineer) may withhold and deduct from monies otherwise
due the Contractor the amount of liquidated damages due the City.
A 7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any
reason, and replacement workers' compensation insurance coverage
meeting the requirements of this Contract is not .in effect on the
effective date of cancellation of the workers' compensation insurance
coverage to be replaced, then any Contractor employee not covered by
the required workers' compensation insurance coverage must not perform
any work on the Project.
Furthermore, for each calendar day including and after the effective
date of termination or cancellation of the Contractor's workers'
compensation insurance coverage for its employees working on the
Project until the date replacement workers' compensation insurance
coverage, meeting the requirements of this Contract, is in effect for
those Contractor employees, liquidated damages will be assessed
against and paid by the Contractor at the highest daily rate elsewhere
specified in this Contract. Such liquidated damages will accumulate
without notice from the City Engineer to the Contractor and will be
assessed and paid even if the permitted time to complete the Project
has not expired. section A - sP
(Reviead 12/15/04)
Page 2 of 26
In accordance with other requirements of this Contract, the Contractor
shall not permit subcontractors or others to work on the. Project
unless all such individuals working on the Project are covered by
workers' compensation insurance and unless the required documentation
of such coverage has been provided to the Contractor and the City
Engineer.
A-6 Faxed Proposals
Proposals faxed directly to the City will be considered non-
responsive. Proposals must contain original signatures and guaranty
and be submitted in accordance with Section B-2 of the General
Provisions.
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in
the appropriate space provided in the proposal. Failure to do so will
be interpreted as non-receipt. Since addenda can have significant
impact on the proposal, failure to acknowledge receipt, and a
subsequent interpretation of non-receipt, could have an adverse effect
when determining the lowest responsible bidder.
A-10 Wage Rates
Labor preference and wage rates for Heavy Construction. ~~_
eeszlie~, „ •h•
Minimum Prevailing Wage Scales
The Corpus Christi City Council has determined the general prevailing misnmum
hourly wage rates for Nueces Coittity, Texas as set out in Part C. The Contractor and
any subcontractor must not pay less than the specified wage rates to all laborers,
work.men, and mechanics employed by them in the execution of the Contract. The
Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day,
or portion thereof, for each laborer, worlanan, or mechanic employed, if such person
is paid less than the specified rates for the classification of work performed.
The Contractor and each subcontractor must keep an accurate record showing the
names and classifications of all laborers, workmen, and mechanics employed by them
in connection with the Project and showing the actual wages paid to each worker.
The Contractor will make bi-weekly certified payroll sutmittals to the City
Engineer. The Contractor will also obtain copies of such certified payrolls from
all subcontractors and others working on the Project. These docwmnts will also be
submitted to the City Engineer bi-weekly. (See section for Minority/Minority
Business Enterprise Participatian Policy for additional requirements concerning the
proper form and content of the payroll submittals.)
One and one-half (1'f~) times the specified hourly wage must be paid for all hours
worked in excess of 40 hours in asiy one week and for all hours worked on Sundays or
holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working
Hours.)
Section A - SP
(Revised 12/15/04)
Page 3 of 26
A 11 Cooperation with Public Agencies
The Contractor shall cooperate with all public and private agencies with facilities
operating within the limits of the Project. The Cantractor shall provide a forty-
eight (48) hour notice to any applicable agency when vx~rk is anticipated to proceed
in the vicinity of any facility by using the Dig-TESS System 1-800-344-8377, the
Lone Star Notificatian Canpany at 1-800-669-8344, and the Verizan Dig Alert at 1-
800-483-6279. For the Contractor's convenience, the following telephone numbers
are listed.
City ~aiTM'P"' 826-3500
py-pjyct wmi,u~wr (B. Haxnv3n Es'lgilxex'itx3, LTL) 361-742-3665 (BUas)car Patel)
Traffic Engineering 826-3540
Police Deg~artrt~ent 882-1911
Water Department 826-1880 (880-3140 after hours)
Wastewater DepardnP-nt 826-1800 (880-3140 after lr~urs)
Gas Deft 885-6900 (885-6900 after hours)
Storm Water ~t 826-1881 (880-3140 after how's)
parks & Recreatiai Depaxtmeiit 826-3461
Streets & Solid Waste Services 826-1970
A E P 299-4833 (693-9444 after lrnirs)
S B C / AT&T 881-2511 (1-800-824-4424, after lwurs)
City Street Div. for Traffic
Signal./Fiber Optic Irx-ate - 857-1946 857-1960
Cablevision 857-5000 (857-5060 after hours)
ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624)
HI~IC (Fiber Optic) 813-1124 (Pager 888-204-1679)
Q»ice0om (Fiber Optic) 881-5767 (Pager 850-2981)
CAPROCK (Fiber Optic) 512/935-0958 (Mobile)
Brcoks Fiber Optic (MAN) 972-753-4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing
utilities, both above and below ground. The Drawings show as much
information as can be reasonably obtained from existing as-built
drawings, base maps, utility records, etc. and from as much field work
as normally deemed necessary for the construction of this type of
project with regard to the location and nature of underground
utilities, etc. However, the accuracy and completeness of such
information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features
sufficiently in advance of his operations to preclude damaging the
existing facilities. If the Contractor encounters utility services
along the line of this work, it is his responsibility to maintain the
services in continuous operation at his own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no
increase in the Contract price. All such repairs must conform to the
requirements of the company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e.
broken, cut, etc.), flow must be maintained. Sewage or other liquid
must be handled by the Contractor either by connection into other
Section A - SP
(Reviee8 12/15/04)
page 4 of 26
sewers or by temporary pumping to a satisfactory outlet, all with the
approval of the City Engineer. Sewage or other liquid must not be
pumped, bailed or Plumed over the streets or ground surface and
Contractor must pay for all fines and remediation that may result if
sewage or other liquid contacts the streets or ground surface. It is
also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer
at no increase in the Contract price. Materials for repairs,
adjustments or relocations of sewer service lines must be provided by
the Contractor.
A-13 Area Access and Traffic Control (NOT IISED)
oti°Pi2ie~t €ra£ ee~i€~e} measures must be -^a ''^ - „_c^
ae~t~re d-be~~ev#de a min'mttm e€ ^`"-tea
.. _~._,. ..w,
The Fen~racte~ w€}} be qtl}wed ~e sehedtl}e `:" ~"'';,."" _°
eause~ttri~nrlm-~%rerse }mgae€ eri €be ^~'': , : `.' "° ""' -"'"'
y. ..F ~......~^r
~-, ~. ~~..r v-.., ..
t l~
A-14 Construction 8quipment Spillage and Tracking
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor
and/or mechanical equipment must be used where necessary to keep these
roadways clear of job-related materials. Such work must be completed
without any increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or
more frequently, if necessary, to prevent material from washing into
the storm sewer system. No visible material that could be washed into
storm sewer is allowed to remain on the Project site or adjoining
streets.
A-15 8xcavation and Removals
The excavated areas behind curbs and adjacent
driveways must be filled with "clean" dirt. "Clean"
dirt that is capable of providing a good growth of
with seed/sod and fertilizer. The dirt must bi
caliche, asphalt, concrete and any other material
its appearance or hampers the growth of grass.
to sidewalks and
dirt is defined as
grass when applied
free of debris,
that detracts from
Section A - 8P
(Revised 12/15/04)
Page 5 of 26
All existing concrete and asphalt within the limits of the Project
must be removed unless otherwise noted.
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc. , are to be considered subsidiary to the bid item for
"Street Excavation"; therefore, no direct payment will be made to
Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts
and other unwanted material becomes the property of the Contractor and
must be removed from the site and dispose of by the Contractor.
}3ere€e '' r
..«,.v_
A-17 Field Office (NOT USED)
A 18 Schedule and Sequence of Construction
The Contractor shall submit to the City Engineer a work plan based
only on CALENDAR days. This plan must detail the schedule of work and
must be submitted to the. City Engineer at least three (3) working days
prior to the pre-construction meeting.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days
prior to the Pre-Construction Meeting an initial Construction
Progress Schedule for review.
2. Items to Include: Show complete sequence of construction by
activity, identifying Work of separate stages and other logically
grouped activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all
submittals.
4. Re-Submission: Revise and resubmit as required by the City
Engineer.
Section A - SP
(Revised 12/15/04)
Page 6 of 26
Periodic Update: Submit Updated Construction Progress Schedule
to show actual progress of each stage by percentage against
initial Schedule. The Contractor shall update the schedule at
least monthly and shall utilize the schedule to manage the
project.
A-19 Construction Project Layout and Control
The drawings may depict but not necessary include: lines, slopes,
grades, sections, measurements, bench marks, baselines, etc. that are
normally required to construct a project of this nature.
Major controls and two (2) bench marks required for project layout,
will be provided by the City or Consultant Project Engineer.
The Contractor shall furnish all lines, slopes and measurements
necessary for control of the work.
If, during construction, it is necessar to disturb or destroy a
control point or bench mark, the ontractor shall provide the City or
Consultant Project Engineer 48 hours notice so that alternate control
points can be established by the City or Consultant Project Engineer
as necessary, at no cost to the Contractor. Control points or bench
marks damaged as a result of the Contractor's negligence will be
restored by the City or Consultant Project Engineer at the expense of
the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line
and grade to properly execute the work, the Contractor shall obtain
approval of the City or Consultant Project Engineer prior to
deviation. If, in the opinion of the City or Consultant Project
Engineer, the required deviation would necessitate a revision to the
drawings, the Contractor shall provide supporting measurements as
required for the City or Consultant Project Engineer to revise the
drawings.
The Contractor shall tie in or reference all valves and manholes, both
existing and proposed, for the purpose of adjusting valves and
manholes at the completion of the paving process. Also, the City or
Consultant Project Engineer may require that the Contractor furnish a
maximum of two (2) personnel for the purpose of assisting the
measuring of the completed work.
The Contractor shall provide the following certification for
documentation and verification of compliance with the Contract
Documents, plans and specifications. Said compliance certification
shall be provided and prepared by a Third Party independent Registered
Professional Land Survey (R.P.L.S.) licensed in the state of Texas
retained and paid by the Contractor. The Third Party R.P.L.S. shall be
approved by the City prior to any work. Any discrepancies shall be
noted by the Third Party Surveyor and certify compliance to any
regulatory permits.
Following is the minimum schedule of documentation required:
Streets:
Wastewater:
All rim/invert elevations at manholes;
All intersecting lines in manholes;
Casing elevations (top of pipe and flow line) (TXDOT and RR
permits).
Section A - SP
(Revised 12/15/04)
Page 7 of 26
Water:
^r ..l F..
Stormwater:
„ i• ] ,^ .
] , ,.^,^
A-20 Tenting and Certification
All tests required under this item must be done by a recognized
testing laboratory selected by the City Engineer. The cost of the
laboratory testing will be borne by the City. In the event that any
test fails, that test must be done over after corrective measures have
been taken, and the cost of retesting will be borne by the Contractor
and deducted from the payment to the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer.
A-21 Project Sign (NOT IISSD)
L. F ~ ] .] L.. • hl.
A 22 Minority/Minority Suainesa 8nterprise Participation Polio
1. Polio
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,
corporation, association or joint ventu
which has been awarded a City contract.
b. Subcontractor: Any named person,
corporation, association, or joint
identified as providing work, labor,
firm, partnership,
re as herein provided
firm, partnership,
venture as herein
services, supplies,
Section A - SP
(Revised 12/15/04)
Page 8 0£ 26
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's of the assets or
interest in the partnership property must be
owned by one or more. minority person(s).
(c) For an enterprise doing business as a
corporation, at least 51.Og of the assets or
interest in the corporate shares must be owned by
one or more minority person(s).
2. Controlled
The primary power, direct or indirect, to manage a
business enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to
receive 51.0 or more of the total profits, bonuses,
dividends, interest payments, commissions, consulting
fees, rents, procurement, and subcontract payments,
and any other monetary distribution paid by the
business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enterprise: A sole proprietorship that
is owned and controlled by a woman, a partnership at least
51.Og of whose assets or partnership interests are owned by
one or more women, or a corporation at least 51.Og 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
Section A - SP
(Revised 12/15/04)
Page 9 of 26
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 SO.Og of the contract work itself and in which a
minority joint venture partner has a 50.0$ interest, shall be
deemed equivalent to having minority participation in 25.0°s
of the work. Minority members of the joint venture must have
either financial, managerial, or technical skills in the work
to be performed by the joint venture.
3
4
Goals
a. The goals for participation by minorities and Minority
Business Enterprises expressed in percentage terms for the
Contractor's aggregate work force on all construction work
for the Contract award are as follows:
Minority Participation Minority Buaiaesa Enterprise
(Percent) Participation (Percent)
45 $ 15 $
b. These goals are applicable to all the construction work
(regardless of federal participation) performed in the
Contract,. including approved change orders. The hours of
minority employment must be substantially uniform throughout
the length of the Contract and in each trade. The transfer
of minority employees from Contractor to Contractor or from
project to project for the sole purpose of meeting the
Contractor's percentage is prohibited.
Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices,
shall be submitted by the Contractor to the City Engineer.
b. The Contractor shall make bi-weekly payroll submittals to the
City Engineer. The Contractor is to indicate the percent of
minority and female participation, by trade, which has been
utilized on the Project. Along with the request for final
payment on the Project, the Contractor will indicate, in
writing, the overall participation in these areas which have
been achieved. The City Engineer may withhold monthly or
final payments to the Contractor for failure to submit bi-
weekly payrolls in a timely fashion or to submit overall
participation information as required.
Sectioa A - SP
(Revised 12/15/04)
Page 10 of 26
A-23 Inspection Required
The Contractor shall assure the appropriate building inspections by
the Building Inspection Division at the various intervals of work for
which a permit is required and to assure a final inspection after the
building is completed and ready for occupancy. Contractor must obtain
the Certificate of Occupancy, when applicable. Section B-6-2 of the
General Provisions is hereby amended in that the Contractor must pay
all fees and charges levied by the City's Building Inspection
Department, and all other City fees, including water/wastewater meter
fees and tap fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is
changed to read as follows:
"No surety will be accepted by the City from any Surety
Company who is now in default or delinquent on any bonds or
who has an interest in any litigation against the City. All
bonds must be issued by an approved Surety Company authorized
to do business in the State of Texas. If performance and
payment bonds are in an amount in excess of ten percent (10°s)
of the Surety Company's capital and surplus, the Surety
Company shall provide certification satisfactory to the City
Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10°s) of the Surety
Company's capital and surplus with reinsurers) authorized to
do business in the State of Texas. The amount of the bond
reinsured by any reinsurer may not exceed ten percent (10%)
of the reinsurer's capital and surplus. For purposes of this
section, the amount of allowed capital and surplus will be
verified through the. State Board of Insurance as of the. date
of the last annual statutory financial statement of the
Surety Company or reinsurer authorized and admitted to do
business in the State of Texas. The Surety shall designate
an agent who is a resident of Nueces County, Texas. Each
bond must be executed by the Contractor and the Surety. For
contracts in excess of $100,000 the bond must be executed by
a Surety company that is certified by the United States
Secretary of the Treasury or 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 (NO LONGER APPLICABLE)
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Section A - 8P
(Revised 12/15/04)
Page 11 of 26
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A-26 Supplemental Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11
of the Contract, the Contractor shall obtain an endorsement to the
applicable insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each
insurer covenants to mail prior written notice of cancellation or
material change to:
Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed
endorsements, or copies thereof certified by the insurer, within
thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents.
Section A - SP
(Revised 12/15/04)
Page 12 of 26
Within thirty (30) calendar days after the date the City Engineer
requests that the Contractor sign the Contract documents, the
Contractor shall provide the City Engineer with a certificate of
insurance certifying that the Contractor provides worker's
compensation insurance coverage for all employees of the Contractor
employed on the Project described in the Contract.
For each insurance coverage provided in accordance with Section B-6-11
of the Contract, the Contractor shall obtain an endorsement to the
applicable insurance policy, signed by the insurer, stating that the
City is an additional insured under the insurance policy. The City
need not be named as additional insured on Worker's Compensation
coverage.
For contractual liability insurance coverage obtained in accordance
with Section B-6-11 (a) of the Contract, the Contractor shall obtain
an endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the
City, its agents, servants, and employees, and each of them
against and hold it and them harmless from any and all
lawsuits, claims, demands, liabilities, losses and expenses,
including court costs and attorneys' fees, for or on account
of any injury to any person, or any death at any time
resulting from such injury, or any damage to any property,
which may arise or which may be alleged to have arisen out of
or in connection with the work covered by this Contract. The
foregoing indemnity shall apply except if such injury, death
or damage is caused directly by the negligence or other fault
of the City, its agents, servants, or employees or any person
indemnified hereunder.
A-27 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B-6-11 of the General
Provisions is amended to include:
Contractor must provide Installation Floater insurance coverage
for the term of the Contract up to and including the date the
City finally accepts the Project or work. installation Floater
coverage must be an "All Risk" form. Contractor must pay all
costs necessary to procure such Installation Floater insurance
coverage, including any deductible. The City must be named
additional insured on any policies providing such insurance
coverage.
A-28 Considerations for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to
perform its obligations under the proposed contract, then prior to
award, the City Engineer may require a bidder to provide documentation
concerning:
6ection A - SP
(Revised 12/15/04)
Page 13 of 26
1. Whether any liens have been filed against bidder for either
failure to pay for services or materials supplied against any of
its projects begun within the preceding two (2) years. The
bidder shall specify the name and address of the party holding
the lien, the amount of the lien, the basis for the lien claim,
and the date of the release of the lien. If any such lien has
not been released, the bidder shall state why the claim has not
been paid; and
2. Whether there are any outstanding unpaid claims against bidder
for services or materials supplied which relate to any of its
projects begun within the preceding two (2) years. The bidder
shall specify the name and address of the claimant, the amount of
the claim, the basis for the claim, and an explanation why the
claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to
the City Engineer's request, signed and dated by the bidder's owner,
president or other authorized party, specifying all current assets and
liabilities.
A-29 Contractor's Field Administration Staff
The Contractor shall employ for this Project, as its field
administration staff, superintendents and foremen who are careful and
competent and acceptable to the City Engineer.
The criteria upon which the City Engineer makes this determination may
include the following:
1. The Superintendent must have at least five (5) yearn 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 present, 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.
Section A - SP
(Revised 12/15/04)
Page 14 0£ 26
Such written approval of field administration staff is a prerequisite
to the City Engineer's obligation to execute a contract for this
Project. If such approval is not obtained, the award may be
rescinded. Further, such written approval is also necessary prior to
a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of
the City Engineer concerning any substitutions or replacements in its
field administration staff for this Project during the term of the
Contract, such a failure constitutes a basis to annul the Contract
pursuant to section B-7-13.
A-30 Amended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following
text:
Within five (5) working days following the public opening and reading
of .the proposals, the three (3) apparent lowest bidders (based on the
Base Bid only) must submit to the City Engineer the following
information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for
each major component of the work;
4. A schedule of anticipated monthly payments for the Project
duration.
5. The names and addresses of MBE 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.
Section A - SP
(Reviee8 12/15/04)
Page 15 of 26
The City Engineer retains. the right to approve all subcontractors
that will perform work on the Project. The Contractor shall
obtain written approval by the City Engineer of all of its
subcontractors prior to beginning work on the Project. If the
City Engineer does not approve all proposed subcontractors, it
may rescind the Contract award.
In the event that a subcontractor previously listed and approved
is sought to be substituted for or replaced during the term of
the Contract, then the City Engineer retains the right to approve
any substitute or replacement subcontractor prior to its
participation in the Project. Such approval will not be given if
the replacement of the subcontractor will result in an increase
in the Contract price. Failure of the Contractor to comply with
this provision constitutes a basis upon which to annul the
Contract pursuant to Section B-7-13;
7. A preliminary progress schedule indicating relationships between
the major components of the work. The final progress schedule
must be submitted to the City Engineer at the pre-construction
conference;
8. Documentation required pursuant to the Special Provisions A-28
and A-29 concerning Considerations for Contract Award and
Execution and the Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if
applicable.
10. Within five (5) days following bid opening, submit in letter
form, information identifying type of entity and state, i.e.,
Texas (or other state) Corporation or Partnership, and name(s)
and Title(s) of individual(s) authorized to execute contracts on
behalf of said entity.
A 31 Amended Policy on Extra Work and Change Orders
Under "General Provisions and Requirements for Municipal Construction
Contracts" B 8 5 Policy on Extra Work and Change Orders the present text is
deleted and replaced with the following:
Contractor acknowledges that the City has no obligation to pay for any
extra work for which a change order has not been signed by the Director
of Engineering Services or his designee. The Contractor also
acknowledges that the City Engineer may authorize change orders which do
not exceed $25,000.00. The Contractor acmowledges 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" Rs~,.irements
Under "General Provisions and Requirements for Municipal Construction
Contracts" B-3-5 Execution of Contract add the following:
Section A - SP
(Revised 12/15/04)
Page 16 of 26
The award of the Contract may be rescinded at any time prior to the date
the City Engineer delivers a contract to the Contractor which bears the
signatures of the City Manager, City Secretary, and City Attorney, or
their authorized designees. Contractor has no cause of action of any
kind, including for breach of contract, against the City, nor is the City
obligated to perform under the Contract, until the date the City Engineer
delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to
the completion of the Project. Failure to do so will not excuse a bidder of
his obligation to carry out the provisions of this Contract. Contractor is
reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will
be given to addenda issued during the bidding phase of the Project,
second precedence will be given to the Special Provisions, third
precedence will be given to the construction plans, fourth precedence
will be given to the Technical Specifications, fifth precedence will
be given to the Standard Specifications and the General Provisions
will be given last precedence. In the event of a conflict between any
of the Standard Specifications with any other referenced
specifications, such as the Texas Department of Public Transportation
Standard Specifications for Highways, Streets and Bridges, ASTM
specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable),
construction plans, referenced specifications, Technical
Specifications, Standard Specifications, and General Provisions, in
that order.
Facilities: Special Requirements (NOT U38D)
F F
_,. ~: } _ : , . .~.,.
Parer
b y
bers -_a _,.,. ,.f }w,
~ .:_ ,._Y,,.l,.,...
e
~ai.~-i~~-str ~ae
en
_..}_~..}
fe~ ,,,.
~ Ni
E
~ _,,,
eei~dxre~ed b} fhe p
a
a
~
Section A - SP
(Revleed 12/15/04)
Page 17 of 26
^a
~
K
r
i ~
F ~'
Wad
~
~
~ ... a / r /wroo~ at-.«a.. ...a
a M.. nom...,. AFL . . -.~: ,.
}~3.~ - L. a-1... n.. L.. ..1 ..
~
I
~ v-~
.. L. .i ~.~.1a+-
~. ~ Yvea~
..w..,. F.-...... .l l ..
et~i..-tea=• ~aftge ~~t~e e~
~..' --
, yea
~
..,
~~=-c~=~==~"'
~
.
r
. ~
e a,.
_____ r
Section A - SP
(Reviee8 12/15/04)
Page 18 of 26
a l l L. ...1-..a
va~ie} s mrss~ Fie e~ear}fir '' "'°
~ w, ,... a. - a ....-.,...1 .,, ~a 1-_ yR
L F a L.
. .i h.. m
~
~ ie~# i r:e} ts~e s bts~ ," _a
ew
e
9
tneQ~ feat ie
i~ss a" }eg xe~
eei3 aa.
neet;&n
}
g-
.
gre
gra~
RFnir ...
tg ., ..~h
.., , F..-..-.:.-l.:.n
a"`'.."". "'
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ea}~~ra~~aQ e ae
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~ L...
~ a -. ~-.. rL... F Y
..l l .. y
} } e
a ~ }a ~i~s e •. °a
i Fie
:.., a.,-.-....,, s
r,.-rrt ...-. refits
a a~ ~ e~sg
l g
.. 4..m .. F.. -.l.l•
~ Fie
i
«v
„a
3 fr
c i
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b • Fie emp~ eyRs-~ er
F. sens 3e ....a ~., .. ~
~ ~la` ~
s
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F.~
6:-~~ .~ix~ a~re--
F . l ~-g erRt
• ne
L.:.. ~ n A , L. ..: «..
ser-r
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~Ra}
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~ l
n~ai~
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~
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ePa~
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~
-....: .
e_
n
,:,.....
u,
. .
a r -~--
a..at F ti..
~
~x-x ;-€ae~ ~r~r
_,
.,,
.l ~. ..~. ...~
Section A - SP
(Revised 12/15/04)
Page 19 of 26
g . moo= na~ree--at-the 9
P~.f~}~ be , ..a,
.. „ ~„ a ....~
g , ~-Bsi~raeter
as .-i..,
~1..+ a PPY9 mL..a
a -` s.BW a~~ 9~ '~ ~i
, 1 1--Ff~ed }caic-orr L., ....v,. .. ,.a
'E-Efi~i°&E'~ ~i~' ii
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 six (6) copies of each
submittal to the City Engineer or his designated
representative. The City Engineer will retain three (3)
copies.
b. Reproducibles: In addition to the six (6) required copies,
the Contractor shall also submit one (1) reproducible
transparency for all shop drawings.
c. Submittal Transmittal Forms: Contractor shall use the
Submittal Transmittal Form attached at the end of this
Section; and sequentially number each transmittal form.
Resubmittals must have the original submittal number with an
alphabetic suffix. Contractor must identify the Contractor,
the Subcontractor or supplier; pertinent Drawing sheet and
detail number(s), and specification Section number, as
appropriate, on each submittal form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that
review, verification of Products required, field dimensions,
adjacent construction work, and coordination of information,
is all in accordance with the requirements of the Project and
Contract documents.
e. Scheduling: Contractor must schedule the submittals to
expedite the Project, and deliver. to the City Engineer for
approval, and coordinate the submission of related items.
Sectioa A - SP
(Revised 12/15/04)
Page 20 of 26
f. Marking: Contractor must mark each copy to identify
applicable products, models, options, and other data.
Supplement manufacturers' standard data to provide
information unique to this Project.
g. Variations: Contractor must identify any proposed variations
from the Contract documents and any Product or system
limitations which may be detrimental .to successful
performance of the completed work.
h. Space Requirements: Contractor must provide adequate space
for Contractor and Engineer review stamps on all submittal
forms.
I Resubmittals: Contractor must revise and resubmit submittals
as required by City Engineer and clearly identify all changes
made since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru
Contractor, any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the
full range of manufacturers' standard colors, textures, and
patterns for City Engineer's selection.
3. Test and Repair Report
When specified in the Technical Specifications Section,
Contractor must submit three (3) copies of all shop test data,
and repair report, and all on-site test data within the specified
time to the City Engineer for approval. Otherwise, the related
egL;nmPnr will not be approved for use on the project.
A 37 Amended "Arrangement and Charge for Water E11r11iahed by the City" NOT
II38D
~l ...;~
F#~der
n..~n_
- ------- -
$ 6~
F..l l .~..i ~.~-
aeotiou A - SP
(Revised 12/15/04)
Page 21 of 26
A-38 Worker's Compensation Coverage for Building or
The requirements of "Notice to Contractors 'B "' are incorporated by
reference in this Special Provision.
A 39 Certificate of Occupancy and Final Acceptance NOT USED
4 F F a ~f
r
eeas~x~~~e €tiia~ ^`'M ~ -,
-9.
A-40 Amendment to Section 8-8-6: Partial 8atimatea
General Provisions and Requirements for Municipal Construction
Contracts Section 8-8-6: Partial Estimates is amended to provide that
approximate estimates from which partial payments will be calculated
will not include the net invoice value of acceptable, non-perishable
materials delivered to the Project worksite unless the Contractor
provides the City Engineer with documents, satisfactory to the City
Engineer, that show that the material supplier has been paid for the
materials delivered to the Project worksite.
A-41 Ozone Advisory NOT USED
, F resai~s '"`~
,
~~
A-42 OSHA Rules & Regulations
It is the responsibility of the Contractor(s) to adhere to all
applicable OSHA rules and regulations while performing any and all
City-related projects and or jobs.
A-43 Amended Indemnification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in
its entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees,
attorneys, and agents harmless and shall indemnify the City, the
Engineer, their officials, employees, attorneys, and agents from
any and all damages, injury or liability whatsoever from an act
or omission of the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or
consultants, or any work done under the contract or in connection
therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or
consultants.
Section A - SP
(Revised 12/15/09)
Page 22 of 26
The contractor shall hold the City, the Engineer, their
officials, employees, attorneys, and agents harmless and shall
indemnify the City, the Engineer, their officials, employees,
attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the
city, its officials, employees, attorneys, and agents that
directly or indirectly causes injury to an employee of the
contractor, or any subcontractor, supplier or materialman.
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for
work of the change order (unit prices, hourly rates, sub-contractor's
costs and breakdowns, cost of materials and equipment, wage rates,
etc.). This breakdown information shall be submitted by contractor as
a basis for the price of the change order.
A-45 As-Built Dimensions and Drawings
(a) Contractor shall make appropriate daily measurements of
facilities constructed and keep accurate records of location
(horizontal and vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall
furnish Owner with one set of direct prints, marked with red
pencil, to show as-built dimensions and locations of all work
constructed. As a minimum, the final drawings shall include
the following:
(1) Horizontal and vertical dimensions due to
substitutions/field changes.
(2) Changes in equipment and dimensions due to
substitutions.
(3) "Nameplate" data on all installed equipment.
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
A-46 Disposal of Highly Chlorinated water NOT IISED
r
, •„
}
te3- ,
h .
_..,.. ~ ne
~.~~:,-- e wa
s
6acCioa A - SP
(Revised 12/15/04)
Page 23 0£ 26
A 47 Pre Construction Exploratory Excavations
Prior to any construction whatever on the project, Contractor shall
excavate and expose all existing pipelines of the project that cross
within 20-feet of proposed pipelines of the project and Contractor
shall survey the exact vertical and horizontal location of each
crossing and potentially conflicting pipeline.
For existing pipelines which parallel and are within ten feet (10') of
proposed pipelines of the project, Contractor shall excavate and
expose said exiting pipelines at a maximum of 300-feet O.C. and
Contractor shall survey the accurate horizontal and vertical locations
of said parallel pipelines at 300-feet maximum O.C.
Contractor shall then prepare a report and submit it to the City for
approval indicating the Owner of pipelines excavated and surveyed, as
well as the approximate station thereof, distance to the pavement
centerline and elevations of the top of existing pipelines.
Contractor sexcavationa havec beenrumade in otheir entiretyeCthe results
exploratory
thereof reported to the 8ngineer and until Contractor receives
Sngineer's approval of report.
Exploratory excavations shall be paid for from the allowance set aside
for such task and shall be paid for as time and material basis. Any
pavement repair associated with exploratory excavations shall be paid
for according to the established until price of pavement patching.
Contractor shall provide all his own survey work effort (no separate
pay) for exploratory excavations.
A-46 Overhead Electrical piires
Contractor shall comply with all OSHA safety requirements with regard
to proximity of construction equipment beneath overhead electrical
wires. There are many overhead wires crossing the construction route
and along the construction route. Contractor shall use all due
diligence, precautions, etc., to ensure that adequate safety is
provided for all of his employees and operators of equipment and with
regard to ensuring that no damage to existing overhead electrical
wires or facilities occurs.
Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L
of his construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others
are not. It shall be the Contractor's sole responsibility to provide
for adequate safety with regard to overhead lines whether shown in the
plans or not.
A 49 Amended "Maintenance Guaranty"
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guaranty, add the following:
Section A - SP
(Revised 12/15/09)
Page 24 of 26
"The Contractor's guarantee is a separate, additional remedy
available to benefit the City of Corpus Christi. Neither the
guarantee nor expiration of the guarantee period will operate to
reduce, release, or relinquish any rights or remedies available
to the City of Corpus Christi for any claims or causes of action
against the Contractor or any other individual or entity."
A-50 Hazardous Materials
Materials utilized in the project shall be free of any hazardous
materials, except as may be specifically provided for in the
specifications.
If the Contractor encounters existing materials on sites owned or
controlled by the Owner or in material sources that are suspected by
visual observation or smell to contain hazardous materials, the
Contractor shall immediately notify the Engineer and the Owner. The
Owner will be responsible for the testing for and removal or
disposition of hazardous materials on sites owned or controlled by the
Owner. The Owner may suspend the work, wholly or in part during the
testing, removal or disposition of hazardous materials on sites owned
or controlled by the Owner 'a '..a..a ' `w,. _ "-.'
A-51 Amended "Prosecution and Progress".
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If
funds, for any reason, are not appropriated in any given year,
the City may direct suspension or termination of the contract.
If the Contractor is terminated or suspended and the City
requests remobilization at a later date, the Contractor may
request payment for demobilization/remobilization costs. Such
costs shall be addressed through a change order to the contract.
A-52 Trench Safety
If the Contractor's proposed construction methods require the
excavation of any access pits, trenches, or other below ground
operations, such work shall be in compliance with all federal, state
and local requirements for trench excavation and safety. All costs
associated with meeting these requirements shall be included in the
amount bid for the item "Trench Safety" as shown in the proposal form.
Sactioa A - 3P
(Revised 12/15/04)
Page 25 of 26
SIIBMITTAL TRANSMITTAL PORN
PROJECT:
OWNER: CITY OF CORPUS CHRISTI
ENGINEER: B. HARMAN ENGINEERING, LLC.
CONTRACTOR:
SIIBMITTAL DATE:
APPLICABLE SPECIFICATION
OR DRAWING
SUHNITTAL NONBER:
3IIBMITTAL
Sectioa A - SP
(Revised 12/15/04)
Page 26 of 26
A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEL+~NT is entered into this 30TH day of SEPTEN~ER,
2008, 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 Holloman
Corporation termed in the Contract Documents as "Contractor," upon
these terms, performable in Nueces County, Texas:
In consideration of the payment of $728,522.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
OSO WATER RECLANpaTION PLANT
HEADWORKS ODOR CONTROL SYSTEtd
PROJECT NO. 7402
(TOTAL BASE SID: $728,522.00)
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
OSO WATER RECLAMATION PLANT READWORICS ODOR CONTROL SYSTEM
CITY PROJECT NO 7402
I II III n' V
BIN QTY UNIT PRICE TOTAL PRICE
ITEM ~ DESCRIPTION IN FIGURES IN FIGURES
,I,S
Demolition of Existing Headworks
1. 1
L
S Scrubber # 1 including all Tanks, unused
and concrete structure
ctrical
l
i
i
$
$ ~~ fi 0
.
. ,
,
ng, e
e
p
p
slab com late in lace er lam sum.
Demolition and removal of concrete
2. 1 culverts, asphalt pavement, manholes, all
$ r
2 0~
4
$~
L.S, underground piping and electrical conduits .
_,
and wiring for the new Biofilter
installation, complete in place, per lama
sum.
3" Wator line installed complete with
$~ e~ ~l "'
$
3. 146 fittings, per lin fee -wJ--~-
L.F.
Biofilter Unit # 1, Passive Earth Biofilter
Blower
dia
ith
l
$ P
$ ~
4. 1 ,
me
ete w
System comp
L.S. Assemblies, Concrete retaining walls,
concrete sidewalks, wall protective
coating, geomembrane liner, under drains
installed, including all accessories,
complete in place, per IumD sum.
Site Piping for Biofilter Unit #1 including
5. 1 all duct work with supports, water line,
"
$ o
$ ~
®'
L.S. dia. steel casing
drain lines and 36 -
installed complete in place, per lump sum.
6 1 molition of Existing Lift Station # 2
D $ $ 1 ~/~
. e
L.S. Chemical Scrubber System including all
Tanks, unused piping, electrical, concrete
structure and slab, complete in place, per
lump~um.
ADDENDUM N0.1
AUachm~M No.1
REVI8ED PROPOSAL FORM
OSO OPATER RECLAMATION PL71tiT HEADWORKS ODOR CONTROL SYSTEM
CITY PROJECT NO 7402
I II III IV '~'
BID QTY UNIT PRICE TOTAL PRICE
ITEM ~ DESCRIPTION IN FIGURES IN FIGURES
UNITS
7
1 Biofilter Unit # 2, Passive Earth Biofilter
Blower
stem complete with media
S
$
$ ® ~
. ,
y
L.S. Assembliea, Concrete retaining structure,
concrete sidewalks, wall protective
coating, bollards, and under drains
installed, including all accessories,
complete in place, per lump sum.
8. 1 Site Piping for Biofilter Unit #2 including $ $~~_
L.S. all duct work with supports, water line and
drain lines installed complete in place, per
1umD sum.
9. 1 Electrical Site Work for Biofilters #1 and $ $~-
L.S. #2 complete with components, conduits
and wiring, complete in place per lump
@um.
10
163
18" RCP Culvert installed, complete in
$ ~ ~ ~ s
$~
L.F. place per line et.
11 2 4 Feet Dia. Concrete manhole installed, $ 3s i o $ o U
Ea complete in place per each
12 2 5 Feet Dia. Concrete manhole installed, $ O B O r $T O d
Ea complete in place per each
l3
4,568
Landscaping of the work area including
$~._ ~r
SjL_
S.F, installation of 4" min. thickness of crushed
lime stones with DeWitt Pro 5 Weed
Fabric, complete in place per Square feet
REVISED PROP08AL FORM
ADDENDUM N0.1
Athehmam No.1
OSO igATER RECLAMATION PLANT HEAD440RK8 ODOR CONTROL SYSTEM
CITY PROJECT NO 7402
I II III IV V
BID QTY UNIT PRICE IN TOTAL PRICE IN
~~ F DESCRIPTION FIGURES FIGURES
UN
ITS
14. 2 4'X 4' Post Inlet with Concrete Apron $_ ~ UAy $~y~1L-
EA. installed, complete in place, per each
15. 1 Restoration of site including pavement $ $~ ~. a
L.S. repairs, sidewalks and cleaning of work
area, complete 1ri place, per 1umD sum.
16. 320 Trench Safety for Drain Line and air $_~_ $ .3~.2--
L.F. duct installation, complete in place, per
linear feet
17. 2 Trench Safety for Biofilter Excavations, $ ~ f Ufl $~ ~1b
EA complete in place per each
18. 1 Relocate Air Release Valve and $ $ ~ a~ .-
L.S. fabricate new aluminum valve box,
complete in place, per lump sum
19. 1 Demolition of Sludge Pump Building $ $ ~® r
L.S. including mechanical and electrical
equipment and restoring the site,
com etc in lace er lam sum
Storm Water Pollution Prevention Plan,
$
$ ~ ~ ~~
20. 1 complete in place, per lama sum
L.S.
Allowance for Preconstruction
21. 1 Exploratory Excavation for 5$ ,000.00 S 5.000.00
L.S. Underground Lines & Structures at Oso
WRP per Sub-section A-47 of Special
Provisions Section A ~ ` `-'
~,~a
TOTAL BASE SID (ITEMS 1 THROVCiH 21)
REyISEDPROP08ALFORM
ADDENDUM N0.1
Attachment No.1
PAGE 8 OF a
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 210 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST:
~~ C~-~9~P,,~~
City Secretary
CITY~O~F ~CJOR~P/JUS CHRISTI
Oscar Martinez, Asst. City Mgr.
of Public Works and Utilities
APPRO AS TO GAL FORM:
By: ~~
Asst. City Attorney
ATT n~ ( I r ration) ~~ ,,, ~
(Seal Below) Karen B H(,(e/Ln)d~erso~ n~
(Note: If Person signing for
corporation is not President,
attach copy of authorisation
to sign)
Kevin Stowers, Interim Director
of Engineering Services
CONTRACTOR
Holloman Co oration
gy: n
le: Director of Utilities/Principal
13730 IH-10 EAST
(Address)
CONVERSB, TX 78109
(City) (State)(ZIP)
210/667-9925 * 210/.667-9968
(Phone) (Fax)
8Y COUNCIL
Agreement
Page 2 of 2
'J
:> ~~
PRO P O S A L
F O R
F O R M
030 WATER RECLAMATION PLANT HEADWORKS ODOR CONTROL SYBTEM
CITY PROJECT NO 7402
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
REVISED PROPOSAL FORM
PAGE 1 OF 8
ADDENDUM N0.1
pltwMmnt No.1
P R O P O S A L
Place:
Date : ~ ~ ~
Proposal of -~ o~LOMA~ ~`~ ~°~ ~ `o
a Corporation organized and existing under the laws of the
State of ~ Y JLL,
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
OSO WATER RECLAMATION PLANT HEADPTORKS ODOR CONTROL SYSTEM
CITY PROJECT NO 7402
at the locations set out by the plans and specifications and in strict
accordance with the contract documents for the following prices, to-
wit:
REVISED PROPOSAL FORM
Dena ~ [~F 8
ADDENDUM N0.1
AthchmoM No. 7
O80 WATISR RECLAMATION PLANT HBADWORKB ODOR CONTROL SYSTIIM
CITY PROJECT NO 7402
I II III IV V
BID QTY UNIT PRICE TOTAL PRICE
ITEM ~ DESCRIPTION IN FIGURES IN FIGURES
UNITS
Demolition of Existing Headworks
1. 1 Scrubber # 1 including all Tanks, unused
a
L.S. piping, electrical, and concrete structure, $ $ ~ ® O
slab com fete in lace er lum sum.
Demolition and removal of wncrete
2. I
L.S. culverts, asphalt pavement, manholes, all
underground piping and electrical conduits
$ r
$T oa
and wiring for the new Biofilter
installation, complete in place, per lump
;~
3" Water line installed complete with
$~ ~ ,-
$
3. 146 fittings, per linear feet. _
L.F.
4.
1 Biofilter Unit # 1, Passive Earth Biofilter
System complete with media, Blower
$ -
$~
L.S. Assemblies, Concrete retaining walls,
concrete sidewalks, wall protective
coating, geomembrane liner, under drains
installed,including all accessories,
complete in place, per lutr~sum.
Site Piping for Biofilter Unit #1 including
5. 1
L.S. all duct work with supports, water line,
drain lines and 36" dia. steel casing
$
$ ~- ~' 0
installed complete in place, per lump sum.
6. 1 Demolition of Existing Lift Station # 2 $ $
L.S. Chemical Scrubber System including all
Tanks, unused piping, electrical, concrete
structure and slab, complete in place, per
lump sum.
ADDENDUM NO. t
Attachment No. 7
REVISED PROPOSAL FORM
O80 SPAT>8R RECLAMATION PLANT BSADWORSB ODOR CONTROL 9Y8TEM
CITY PROJECT NO 7402
I IQ III IIV V
gro Q~ UNIT PRICE TOTAL PRICE
ITEM DESCRIPTION IN FIGURES IN FIGURES
UNITS
Biofilter Unit # 2, Passive Earth Biofilter
7. 1 System complete with media, Blower $ $ ® ~
L.S. Assemblies, Concrete retaining structure,
concrete sidewalks, wall protective
coating, bollards, and under drains
installed, including all accessories,.
complete in place, per lump sum.
8. 1 Site Piping for Biofilter Unit #2 including $ $ d
L.S. all duct work with supports, water line and
drain lines installed complete in place, per
lump sum.
9. 1 Electrical Site Work for Biofilters #1 and $ $!~ DT
L.S. #2 complete with components, conduits
and wiring, complete in place per lamp
sum.
10 163 18" RCP Culvert installed, complete in $ 9 0 r $~~
L.F. place per linear feet.
11 2 4 Feet Dia. Concrete manhole installed, $ 3S ~ o $ o U p
Ea complete in place per eta h_
12 2 5 Feet Dia. Concrete manhole installed, $ 0 0 0 P $T a
Ea complete in place per each
13 4,568 Landscaping of the work area including $_~_ S ~S ~".~
S.F, installation of 4" min. thickness of crushed
lime stones with DeWitt Pro 5 Weed
Fabric> complete in place per Square feet
ADDENDUM N0.1
Alhehmsm No.1
REVISED PROPOSAL FORM
O30 MATER RECLAMATION PLANT HEADWORKB ODOR CONTROL SYSTEM
CITY PROJECT NO 7402
I II III IV V
BID QTY UNIT PRICE IN TOTAL PRICE IN
ITEM ~, DESCRIPTION FIGURES FIGURE3
rS
14. 2 4'X 4' Post Inlet with Concrete Apron $ .7 Ub $ '« 0~
EA. installed, complete in place, per each
I5. 1 Restoration of site including pavement $ $~~fL2-p
L.S. repairs, sidewalks and cleaning of work
area, complete in place, per lump sum.
16. 320 Trench Safety for Drain Line and air $___~__ $~,~~-
L.F. duct installation, complete in place, per
linear feet
17. 2 Trench Safety for Biofilter Excavations, $ ~ ~ UO $-
EA complete in place per each
18. 1 Relocate Air Release Valve and $ $ ~ ~~
L.S. fabricate new aluminum valve box,
complete in place, per lama sum
19.
1
Demolition of Sludge Pump Building
$ r
S ~®
L.S. including mechanical and olectrical
equipment and reatoring the site,
com ete in lace er lam atnn
Storm Water Pollution Prevention Plan,
$ ~ ~ o~®' m
$
20. 1 complete in place, per lump sum ~
L.S.
Allowance for preconshuction
21. 1 Exploratory Excavation for SS .000.00 S 5.000.00
L.S. Underground Lines & Structures at Oso
WRP per Sub-section A-47 of Special __
Provisions Section A '~ ;'M ~
'~
TOTAL SASE SID (ITEMS 1 THROUGH
REVISED PROPOSAL FORM
ai ~.
ADDENDUM N0.1
Attachment No.1
PAGE 8 OF a
The undersigned hereby declares that he has visited the site and
has carefully examined the plane, 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 tan (10)
calendar days execute the formal contract and will deliver a Performance Bond
(as required) for the faithful performance of this contract and a Payment
Bond (as required) to insure payment for all labor and materials. The bid
bond attached to this proposal, in the amount of 5~ of the highest amount
bid, is to become the property of the City of Corpus Christi in the event the
contract and bonds are not executed within the time above set forth as
liquidated damages for the delay and additional work caused thereby.
Minority/Minority Business Enterprise partiaipatione The apparent
low bidder shall, within five days of receipt of bide, 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 8lgned Beta of Dooumenta>: The contract and all bonds
will be prepared in not less than four counterpart (original signed) seta.
Time of Completions The undersigned agrees to complete the work
within 210 aalendar days from the date designated by a Work Order.
The undersigned further declares that he will provide all necessary
tools and apparatus, do all the work and furnish all materials and do
everything required to carry out the above mentioned work covered by this
proposal, in strict accordance with the contract documents and the
requirements pertaining thereto, for the sum or soma above set forth.
Receipt of the following addenda is acknowledged (addenda number):
Respectfully
Name: ~
(SEAL - IF BIDDER IS
a Corporation)
By:
a
(Zip)
Telephone: 17 ~ n 1 (nln 1 -
NOTES Do not detach bid from other gapers.
Fill in with ink and submit complete
with attached papers. (Revised August 2000)
ADDENDUM N0.1
AtNCbm~M Na 1
REVISED PROPOSAL FORM
oeAP A AP A
Bond No.466CSEA2744
STATE 08 TEXAS §
COUNTY OF NUECE3 $
P E R F O R M A N C E B O N D
KNOW ALL BY THESE PRESENTS:
THAT Hollonum Corporation of BEXAR County, Texas,
hereinafter called "Principal", and Hartford Fire Insurance Company a
corporation organized under the laws of the State of Connecticut ,
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 SEVEN
($728,522.00) 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 Off THIS OBLIGATION I3 SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 30TH of SEPTE!®ER 20 08 , a copy of which
is hereto attached and made a part hereof, for the construction of:
OSO WATER RECLANATION PLANT
HEADWORKS ODOR CONTROL SYSTEbt
PROJECT NO. 7402
(TOTAL HASE SID: $728,522.00)
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 WHERE08, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 30th
day of September 2008
PRINCIPAL
HOLLONAN CORPORAT ON
By. ~ --
D' ector of Utili s Principal-Rodney A Sch~aarzlose
(Pr' Name & Title)
ATTES
Karon A Hantla+-snn - ArlminicYratnr
(Print Name & Title)
SURETY
Hartford Fire Insurance Company
P.O. Box 13~0927/, Dallas TX 75313-0927
By • /~~e/G~~
Attorney-in-fact, Michael T. Heidrick
(Print Name)
The Resident Agent of the Surety in Nueaea County, Texas, for
delivery of notice sad service of process is:
Agency: Swanter & Gordon Insurance Aaencv LLP
Contact Person: Mary Ellen Moore
Address: P.O. Box 870
Corpus Christi TX 78403
Phone Nr~ber: ( 361) 844-0101
(NOTE: Date of Performance Bond must not be prior to date of contrac [)(Revised 3/OB)
Performance Bond
Page 2 of 2
Bond No.46BCSEA2744
P A Y M E N T B O N D
STATE OS TEXAS §
COUNTY OS NUECES §
IONOW ALL BY THE38 PRE3ENT3:
TEAT Holloman Corporation of BEXAR County, Texas,
hereinafter called "Principal", and Hartford Fire Insurance Company ,
a corporation organized under the laws of the State of Connecticut ,
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 SEVEN HUNDRED TWENTY-EIGHT THOUSAND. RIVE HUNDRED TWENTY-TWO AND
NO/100($728,522.00) 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 SEPTEE~ER 20 08 a copy of which
is hereto attached and made a part hereof, for the construction of:
OSO HATER RECLA~9-TI0N PLANT
BEADWORRB ODOR CONTROL SYSTEtd
PROJECT NO. 7402
(TOTAL BASE BID: $728,522.00)
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 WAEl2EOF, this instrument is executed in 9 copies,
each one of which shall be deemed an original, this the 30th
day of September 2008
PRINCIPAL
HOLIANAN
By:
- Director of UtiliL'
rir0it. / .C~/ ~L J~/l l ~.sl~'°~
z
Karen B Henderson - Administrator
(Print Name & Title)
SURETY
Hartford Fire Insurance Company
P.O.Box 130927, Dalas TX 753 3-0927
Bv~ /I_/~
_, i,,,
Attorney-in-fact, Michael T. Heidrick
(Print Name)
The Reeideat Ageat of the Surety is Npeces County, Texas, for
delivery of notice aad service of process ie:
Ageacy: Swanter & Gordon Insurance Agency LLP
Coataot Person: Mary Ellen Moore
Address: P.O.Box870
Corpus Christi TX 78403
Phoae Number: ( 361) 844-0101
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08)
Payment Bond
Page 2 of 2
H LLOCORI
ClfentN. 624
ACORD,,. CERTIFICATE OF LIABILITY INSURANCE U9~U91 a°"'~"'
PROOUeER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
USI Southwest HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR
840 Lessner Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Houston, TX 77024
713 490800 INSURERS AFFORDING COVERAGE NAIC t•
INSURED ~ INSURER A: New Hampshire Insurance Company 23641
HDlloman Corporation INSURER 3: Illinois National Insuranu Company 23817
333 N. Sam Houston Pkwy. E., Suite 600 INSURER c: Insurance Company of State of PA 19429 -
Houston, TX 77060 INSURER D: Aee Amsrlun Insurance Company 22667
INSURER E: National Unlon Firs Ins Pittsburgh, 19445
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NUTwrIn3lANUmu
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
ANY REQUIREMENT
,
MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH
POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BV PAID CUUMS.
Y EFFECTROi POLICY EXNRAnON LWR9
TYPE OF W CE POLICY NUMBER
A aENEMLL1Aalm GL1595795 08/19/08 07/01/09 FACHOCCURRENCE s100 000
,( DAMAGE TO RENTED f D
X COMMERCUL GENERAL LIA&LITY v
CLAIMS MADE ~ OCCUR MED EXP (MY xr A~^) f1O OOO
PERSONALBADV INJURY f1 Q00 OOO
GENERAL AGGREGATE f2 OOO OOO
PPLIES PER
GREGATE
T PRODUCTS-COMPlOP AG(T f2 OOO 000
GEM :
L AG
LIMI
A
roucv X pi° Loc Pol A 25 000 000
E Aur oMOBILE LUeILm CA7607354 08N9/OB O7/O1/Q9
/ COMBINED SINGLE LIMR f1
000,000
X UTO _~J (ES wtlExtl) ,
ANY A
ALL OWNED AUTOS URY
~Dq I
W f
~
)
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY f
X (Px stlMnl)
NON-0WNED AUTOS
PROPERTY DAMAGE f
(Px xdMnl)
OA MOE LUeWTY AUTOONIY-EAACCIDENT f
OTHER THAN EA ACC f
ANY AUTO AUTO ONLY: AGG
B ~ ExC ESWMeRELU Luellen 6542860 08/19/OB 07/07199 FJ,GH000URRENCE f1O OOO OOO
~ ,( AGGREMTE f1O OOO 000
X GWMS rMDE
OCCUR
f
f
DEDUCT6LE
C X RETENTION f 25000
WC5145324
08/18/OB
07/0119
X WC STATU- oT14 f
w011NlRe coMPENeAnoN Ara OOO
lMPLOYERf DABILRY ~f E.L. EACH ACCIDENT f1 OOO
OFFR:ERMEMBER~EXCLUDED9 ECUTIVE E.L. DISEASE-EA EMPLOYEE f1 OOO OOO
N .tlasOiMunWr E.LOISEASE-POLICY LIMR f1 000000
IAL PROVISIONS Oebw
D oTMER Professional EONG21674023 11N0/07 11110108 11,000,000 ~ elaim/Agg.
F Pollution CPL5508373 1/2108 112109 51,000,000 ~ IosslAgg.
DESCRIPTION OF OPERATIONe / LOCATIONe / VENICLEe / aICLUeIONe ADDED BY ENOORBEYEMT I BPEDML PROVMaNB
Insuror list continued: F. American Intemadonal Specialty Llnes insurance Company.
Certificate holder Is provided with Additional Insured coverage on General LlabilRy, /
Automobile aTld Contractors Pollution coverage when required by wrlttan Dontraet and Is !7
provided with a waiver of subrogation on General Liability, Automobile, Workers
(Sae Atiaehed Descriptions) __
The Cily of Corpus Christi
Department of Engineering Sarvioes /•
Adn: CoMraet Administrator V
P. O. Box 9277
Corpus Christi, TX 78489.9277
1 of 3 if33050667/M3023960
THE nSUIND
rouclEe
MAIL J{' ~~
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE i0 DO 80 SHALL
OR LuBILIn' OF ANT VINO UPON THE INSURER RB AGENTS OR
1~
TXFHA
DESCRIPTIONS (Continued from Page 1) ~
:ompensation and Contractors Pollution polfcles when required by written contract.
Norkere
:ompensation includes USL3H, Voluntary Compensation and Stop Gap Liability. Umbrella
lability is follow form over General Liability, Automobile Liability and Workere
:ompensation policies.
tef: #7402 Oso Water Reclamation Plant Headworks Odor Control System
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on 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 wnditions 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 contrail between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively ar negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 253 (2001108) 2 of 3 MS3050667/M3023980
NOV-14-2008 FRI 05;50 PN Holtman Corporation FAX N0, 2106679968 P, 02
Page 1 of 3
Karen Henderson
From: Tina Flck [fine.Fick(o?usi.bizl
Sent: Friday, November tA, 20084:37 PM
To: 'Karen Henderson'
Subject: City of Cotpus Christi Ose Reclematlon Job
Attachments: 90 DNOC endorsements.PDF; Installation ceRPdr
Karen,
Finally, attached are the endorsements issued by AIG to provide the 30 day notice of cancellation to go along
with the certificates and other endorsements previously provided. I apologize that they took so long to issue
these.
Also, they wanted to see the endorsements for the Loss Payee (additional insured) and 30 day notice on the
installation floater. This coverage wasjust bound with Chubb on 11/1/08 and their home office has to issue
the policy. The local office system will not let them issue an endorsement until the policy is physically printed
by home office. However, below is an email directly from the Chubb underwriter confirming that Chubb will
give 30 days notice to the City of Corpus Christi along with making them a loss payee on the installation
floater. I have also revised the installation floater certificate to reflect the loss payable endorsement and 30
day notice of cancellation.
Please ask Corpus Christi to accept this as evidence. It typically takes a carrier at least 30 days to issue the
policy once a renewal has been bound and Chubb has agreed to get to us by next week but were unable to
bump it up any sooner than that. I believe this is the last open item and written confirmation from the
Insurance Company should be as good as the endorsement.
Thank you,
Tiw.. ~~
Tina Fick, CPCU, CIC
Account Executive
USI Southwest
840 Lessner, Suite 600
Houston, Texas 77024
713-490-4510 -direct
713-515-6672 -cell
71390-9454 -direct fax
713-490-8600 -main
tina_fick@usi.biz
Please note that you may not rel y on email communication to us to report a claim or to give us
instructions to plac®, bind, change ar terminate coverage unless we have subsequengy confirmed to
you in writing that we have received your message and will be taking the action you have requested.
Confidentiality Notice: The information contained in this a-mail may be privileged and confidential information
~ ~ n w ,nnnn
NOV-14-2008 FRI 05 51 PM Holtman Corporation FRX N0, 2106679968 P. 03
Page 2 of 3
and is intended only for the use of the individual and/or entity identified in the address of this message. If the
reader of this message is not the intended recipient, or an employee or agent responsible to deliver it to the
intended recipient, you are requested not to distribute or copy this communication. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and delete the original
message from your system. Thank you.
From: Icrowell@chubb.com
Sent: Friday, November 14,
To: Tina Fick
Subject: Holloman
Tina,
[mailto:lcrowell@chubb.com]
2008 2:27 PM
We are ok to endorse policy with Loss Payee for City of Corpus Christi and do 30 days notice of cancellation
with 10 days for non-payment for City of Corpus Christi.
Since this policy was bound on 11!1/06, we have not had the physical policy printed yet and therefore we can
not issue the actual endorsement until next week.
Hope the above is ok.
Lydia K. Wallace-Crowell, Sr. Underwriting Officer/Property, Machinery & Marine Practice r~.
Office: 713-297.4663 I Fax: 713-297-4750 I smell: Icrowellechubh.com
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ACORD,N CERTIFICATE OF LIABILITY INSURANCE I ~~~~~/08DnrrY1
1S1 Southwest
140 Lessner Suite 600
louston,TX 77024
i13 490.4600
TNIS
NO
INSURERS AFFORDING COVERAGE
INRDRER A' Federal lnsNrenae CiOml
Holloman Corporation
333 N. Sam Houston Pkwy. E., Suite 600
Houston, TX 77060
NAIC M
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIGAItu. rvul Wuna IAnum~
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
on, Ince erracreTV I la.lrrc RHnwN MAV HAVE BEEN REDUCED BY PAID CLAIMS _
POLICY EFFECTIVE CY EXPIRATION
POLI ~~
R S
TYPE OF INSURANCE
POLICY NUMBER
T
L LUBNTY
f EACH OCCURRENCE S
GEN E
U OAIMGE TO RENTED
L DABILITY
R E
COMMERCIAL GENE
A
~ OCCUR MED EXP ( ana paxon) S
CLAIMS MADE
PEREONALEADV INJURY S
GENERALAOGREGATE E
S PER PRODUCTS-COMP/OP AGG E
:
GENT AGGREGATE LIMIT APPLIE
POLICY PR~ LOC
AUT OMOBILE LIABILRY COMBINED SINGLE UMR S
(Ee ecaEenl)
ANY AUTO
ALL OWNED AUTOS BODILY INJURY S
(Per parson)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY E
(Px ecrJeant)
- NON-0WNED AUTOS
PROPERTY DAMAGE E
(ParexitlanC
AUTO ONLY-EA ACCIDENT S
GA RAGE W1BIllTV
ER THAN EA ACC E
ANY AUTO OTH
AUTO ONLY: AGG S
EACH OCCURRENCE S
EXCEBSNMBRELLII LIABILRY
~ AGGREGATE f
CWMS MADE
OCCUR __
E
E
DEDUCTIBLE
E
RETENTION S
WC STATU- OTH-
WORNERB CONPENSI1nON ANO
EMPLOYERS' LU191LITY E.L. EACH ACCIDENT S
ANV PROPRIETORX'ARTNER/EXECUTNE
OFFICERIMEMBER EXCLUDED?
E.L DISEASE-EA EMPLOYEE
E
H yn. Eesaribe unCer E.L. DISEASE • POLICY LIMR S
SPECIAL PROVISIONS bNOw
ER 6635166 11/01/08 11/01/09 ~ 57,000,000 ~ Occurrence
A Installation
DTM
/ 5500k Wind sublimit
Floater V
DEBCIDPrxxl of oPERATwxa I LoDAnoxs 1 vEHroLEE I Excwsroxs ADDED Br ENUwaarAae,n , ~~,.a•~ r,...•,o.-~-
Named Insureds Include: Holloman Corporation; Holloman Holdings Corporation; Holloman
Construction; Holloman Environmental, LLC; Holloman Operating, LLC; L8P Pipeline and
Construction; LRP Lease Service; Omega Oretting Services; M 6 E Operetore, Ltd.
(See Attached Descriptions)
The City of Corpus Christi
DepaRment of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christ/, TX 78469-0277
1 of 3 ifS3090296/M3076272
LD ANY OF THE ABOVE DEBCRIBEO POLICBi8 BE CANCELLED BEFOREJNE EKPIRATKIN
TNEREOF, THEISBUING INSURER WILL ENDEAVOR TO NAIL -._a_-_•V/DAYS WRRTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 700080 SHALL
Ri NO OBLWATION OR LUIBILRY OF ANY KMD UPON THE INSURER, RS AGENTS OR
KXBHA
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on 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 an the reverse side of this form does not censtltute a conhact 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.
ACORD 25S (2007/09) 2 of 3 ff53080298/M3076272
DESCRIPTIONS (Continued from Page 1)
*Except 10 days for non-payment of premium.
Ret: #7402 Oso Water Reclamation Plant Headworks Odor Control System. Policy is
endorsement to provide loss payable to City of Corpus Christi and Is endorsement to
provide 30 day notice of cancellation except 10 days for non-payment to the City of Corpus
Christi.
AMS 25.3 (2001108) 3 Of 3
NOV-10-2008 MON 11 26 AM Holtman Corporation FAX N0, 2]06679968 ?, 07
ENDORSEMENT
This endorsement, effective 12:D1 A.M. 07/01/2008 forms a part of
Jpolicy No. GL 159-57-95 issued to HOLLOMAN HOLOI NGS CORPORATION
Og0. NOLLOMAN CORPORATION
hvNEW HAMPSHIRE INSURANCE COMPANY
/ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
J ADDITIONAL INSURED -WHERE REQUIRED UNDEA CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA9ILITY COVERAGE FORM
SECTION II -WHO IS AN INSURED, is amended to Include as an additional insured:
Any person or organizadon to whom you become obligated to include as en additional
insured under this policy, as a result of any contract or agreement you enter into which
requires you to furnish insurance to that person or organization of the type provided by
this policy, but only with respect to liability arising out of your operations or premises
owned by or rented to you.
However, the insurance provided will not exceed the lesser of:
The coverage and/or limits of this policy, or
Tha coverage and/or limits required by said contractor agreement.
61712 112!06)
~~°A eh
rized Rs 'eaattatlve or
AC ~ t~~turs (In States VYhare
Page 1 of 1
NOV-10-2008 MON 11;29 AM Holtman Corporation FAX N0, 2106679968
ENDOnsI.=MENr
Thia endorsement, effective 12:07 A. M. 07/01/2009 forms a part of
policy No. CA 160-73-54 ~ issued to DBALHOLLOMAN CORPORATIONATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 17 CAREFULLY.
,~ ADDITIONAL INSURED -WHERE RE4UIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
ANY PERSON DR ORGANIZATION FOR 4IHOR YOU ARE
CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL
INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH
PERSON OR ORGAN12A710N5 LIABILITY ARISING OUT Of
THE USE OF A COVERED "AUTO."
SECTION 11-LIABILITY COVERAGE, A. Coverage, 7. -Who le Ineurad, is amended tc add:
d. Any parson or organization, shown in the schedule above, to whom you become obligated
to include as en additlonal insured under this pdiey, as a result of any contract or agreement
you enter into which requires you to famish insurance to that person or arganizstion of the
type provided by this policy, but only with reap9et to liability arising out of use of a covered
"auto". However, the insurance provided will not exceed the leaser of:
f 11 The coverage and/or limin of this policy, or
12) Tha coverage and/or limits required by said contract or agreement.
p odaad Reprewntstiw or
Counts tun lfn States Wham
AppBeahle
P, 13
87950 (10/05) Paga 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT !t2
This endorsement, effective 12:01 A.M. 07/07!2008 forms a part of
v Policy No. GL 7 69-57-95 issued to HOLLOMAN HOLDINGS CORPORATION
DBA HOLLOMAN CORPORATION
By NEW HAMPSHIRE INSURANCE COMPANY
IT IS HEREBY AGREED THAT THE FOLLOWING FORM IS ADDED:
82541 (6/031 NOTICE OF CANCELLATION & NONRENEWAL TO CERTIFICATE HOLDER
j~ 30 DAYS NOTICE OF CANCELLATION
V 70 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN THE SAME.
b
THORIZED t~EPRESENTATIVE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 07/0112008 forms a part of
Policy No. GL 168.87-96 V issued to HOLLOMAN HOLDINGS CORPORATION
DBA HOLLOMAN CORPORATION
By NEW HAMPSHIRE INSURANCE COMPANY
(!he above altading ctaore"need de romylsfed only whsn 161r endortemenr is Wnedsubrepuen~ to:he pnpamtlon ojthe polity).
NOTICE OF CANCELLATION AND NONRENEWAL TO CERTIFICATE HOLDER
This endorsement modifies insurance provided under the followinp~:
~1 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
GARAGE COVERAGE FORM
We shall provide written notice in acwrdance with state law in the event this policy is
cancelled or nomxnewed, for any reason other than non payment of premium, to those
entities set out in the schedule below.
Schedule
Notice wfil be mailed to: City of Corpus Christi
Dept. of Engineering Services /
1201 Leopard Street V
Corpus Chrleti, TX 78401-2825
To the attention of: Contract Administrator
Contract, Permit or Job Number : Project No. 7402 - Oso Water Reclamation Plant
82541(6/03)
TH13 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT N4
This endorsement, effective 12:01 A.M. 07!01!2008 forms a part of
Policy No. CA 160-73-54, issued to HOLLOMAN HOLDINGS CORPORATION
V/ DBA HOLLOMAN CORPORATION
By NATIONAL UNION FIRE INSURANCE COMPAY OF PITTSBURGH, PA
IT IS HEREBY AGREED THAT THE FOLLOWING FORM IS ADDED:
82541 (6/03) NOTICE OF CANCELLATION & NONRENEWAL TO CERTIFICATE HOLDER
/ 30 DAYS NOTICE OF CANCELLATION
~ 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN THE SAME.
y ~~ ~
~
~~
/.lr~1GZ.Ab.l~i
AtlTHORIZED REPRESENTATIVE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ENDORSEMENT
This endorsement, effective 12:01 A.M. 07101!2008 forma a part of
Policy No. CA 180-73-64 ~ Issued to HOLLOMAN HOLDINGS CORPORATION
DBA HOLLOMAN CORPORATION
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
(!he above "attaching c(aaee"med be eomp/eredonly when tFis e+rdorsement 4 Waedsuhregaenr ro the prepamtton ofthe poNcy).
NOTICE OF CANCELLATION AND NONRENEWAL TO CERTIFICATE HOLDER
This endorsement modifies insurance provided under the following:
/COMMERCIAL GENERAL LIABILITY COVERAGE FORM
d BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
GARAGE COVERAGE FORM
We ahaB proride written notice in accordance with state taw in the event thM policy is
cancelled or nonrenewed, for any reason other than non payment of premium, to those
entitles set out in tho schedule below.
Schedule
Notice will be mailed to: City of Corpus Christi /
Dept. of Engineering Services ~/
1201 Leopard 3troet
Corpus Chsistl, TX 78401-2825
To the attention of: ContraM Administrator
Contract, Permit or Job Number : Project No. 7402 - Oso Water Reclamation Plant
82541 (6103)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
E§fdasement No. 001
This srldorsemeM, eitective 12:01 AM 07/01/2008
Forms a part a Pdioy No. MC 514-53-24
055-02-0708-I1.
Isauedlo HOLLOMAN HOLDINGS CORPORATION
EIyTHE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
NOTICE TO POLICYHOLDER
This endorsement madiNes insurance provided under this Workers Companestion and Employers LlabAity
Insurance FbMcy
Premium for this endorsement: SUBJECT TO AUDIT
~T IS HEREBY AGREED THAT THE NOTICE OF CANCELLATION IS ;0 DAYS AND TO GAYS
NDTICE OF CANCELLATION FOR NON PAYMENT.
issue Date: 11/14/08
WC s>8 0811
(Ed. OlA7n
Y a~
Authorised Repreesntetive
NOTICE OF CANCELLATION AND NON-RENEWAL TO
CERTIFICATE HOLDER
This endorsement changes the poYcy to which it is attached effective on Ne tncepdon date o} the policy unless a
different date is indicated bebw.
(rha totsstny "anachNB clears' nrstl bs com~tad ony when thle endoraemem b Ieaue0 eubrequeie is preperaGon m the poYCy).
This endorsement, affective 72:07 AM 07/01/2008 }onna a part of Pogcy No. WC 514-53-24
Issued to HOLLOMAN HOLDINGS CORPORATION
t3yTHE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
This endoraemer#, modikea Inawance provided under the IbNowing:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
We shall provide wdttsn notlce In accordance with state law In the event thls polcy M aanoallad or
nonrerrswad, for any reason other than rron payment of premium, to throe srnNlss sat out M the schedule
bebw.
Notloew1116emaRadto: CITY OF CORPUS CHRISTI -DEPT. OF ENGINEERING SERVICES
/ 1201 LEOPARD STREET, CORPUS CHRISTI. TX 78401-2825
To the altentlorl Ot: CONTRACT ADMINISTRATOR
Contreot, Permit or Job /
Number: PROJECT N0. 7402 - OSO WATER RECLAMATION PLANT J
V
WC sib OD IS Cauntersipned by i~
(Ed. W10~
Authorised ReprosentaWe