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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) ' 2-9 S ~t ear--F~evieie~l a "'' : "' "'" , ee r~~ - _ - .. l - ~ v ..-.......... nu..-( Y I }eft® 6~ 8a~e9 €3E F e' se -"'' r~••,• Section A - 8P (Revised 12/15/04) Page 11 of 26 ' e~~~T-tee eg2r-a~ tir:der a-~2~a«^a a ..4 nh -. -- w~-.~...1 ..t...-. 1-:~u F l .iT .. f .'. .... n...i ..h ~3-~e-F~-na-aee e€ hhe M „ F ~ y L.l- ----- ...«.. ..f m.. - - .i..... tY'1 Rt M.~ I€y ~ ~~~ '~SlG SZ: 1 ttt t~le~ree ~~-sales t ~e~. ~ F _, __y~ -.~.... _ ..~. 3 ' r ~.. ..L-..4 .. -. 1-: -1-.. 4 r r~ I~~ raster lees net ~~~~ -..~ ~€e~--a-l~eales -h~ ._ro.t .. n..,.a .. "_ _c^--^^^~___ ---r ~ _ - - S~eet~~raeta3.-s a ~g' ble €er "-~ b~• r 5 mom.. Sbt~e6T~~Y3e•~6~'---crr.~9 a ~~e9 iJ~~~3 •-~.•,, ••L• ~a ...,a Ee~ra2fe~'-,,,~~ ~ie-a resale ee~ti ieaL-z-te the--~-r "'" ~h ~ ' e to ,.. ,. raster sxgg~er 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"`'.."". "' a i .z_ "` ea}~~ra~~aQ e ae r-p a~ ..F ...-... ~ ~ 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 } ~ b • Fie emp~ eyRs-~ er F. sens 3e ....a ~., .. ~ ~ ~la` ~ s s~ F.~ 6:-~~ .~ix~ a~re-- F . l ~-g erRt • ne L.:.. ~ n A , L. ..: «.. ser-r a- ..~ ~iee ~Ra} _~... ~ l n~ai~ F ~ : ...i ePa~ L... ~ -....: . 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 Click.here. tQ~~arn mo;e abut Chubb's 1r,_13asviess Solutions Gettinp`Stat~ted with_@_ch t b 1'I,EASE EMAIL SUBMISSIONS TO: hau.ttonsubmissions®chnbb.com DON'T FORGET TO REGISTER YOUR EQUIPMENT WITH N.E.R. -Chubb accts get Furst 10 items fees plus 20% diaeount thereatYer. You can quote Contractor Equipment accounts on line with LARGE TI1V'S - SS, $l U, $I5, S20 MILLION and higher PLUS a 20"/o commission applies:: Call me with questions. Confidentiality Notice: This documrnt may contain confidential or legally privileged information intended only for the individual or entity named in this correspondence. If you aro not the intended recipient, you are hereby notified that any disclosure, copying, distribution. or reliance upon the contents is strictly prohibited. If you have received this in orror please reply to the sender so that Chubb may arrange for proper delivery and then please destroy the original and all copies. *****#**~******~**~**~************~~****~*s<**#*****#****~*****~*****~~+***t*e~x*~**~ This footnote confnms that this email message has been scanned by PineApp Mail-Secure for the presence of malicious code, vandals & computer viruses. 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