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HomeMy WebLinkAboutC2008-492 - 12/9/2008 - Approved2008-492 - ~ 12/09/08 M2008-323 R.S. Black Civil Contractors S P E C I A L PRO V I S I O -~ S P E C I F I CA T I O N S A N D F O R M S O F C O NTRA C T S & B O N D S F 0 R WHITECAP WWTP SOUTH CLARIFIER REHABILITATION August, 2008 PREPARED FOR: Wastewater Department City of Corpus Christi P. O. Box 9277 ~'~~~ Co us Christi, TX 78469-9277 WASTEWATER rp De PARTNBXT ur~~a~ ENGINEERING 2725 Swantner St. CORPUS CHRISTI, TX 78904-2832 (361) 854-3101 FAX (361) 859-6001 U.E. JOB NO. 10136.A8.00 PROJECT NO.: 7409 DRAWING NO.: STL-169 . * -~ .. .. IIAF11t A:.MARONEY. i : 62015 c ; ~Qi 90:9Fa,,,TE ~~S - 81~~ IoS ~ ~....~ - (Revised 7/5/00) WHITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 Table of Contents NOTICE TO BIDDERS (revised x/6/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (revised 2007) worker's Compensation Coverage 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 of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A la '^'~°Q-~z (NOT USED) A-18 Schedule and Sequence of Construction . r ....__~_.._.:_., __ __a ......~_..~ (NOT USED) A-20 Testing and Certification (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-~3 __ __ __ __a __ ~ i~ /~..~ (NOT USED) A-24 Surety Bonds NO LONGER APPLICABLB (6/11/98) A-26 Supplemental Insurance Requirements A :a n~.,____: u.: , : ~i a,.....~..._..,-.. i., ..:..,.. (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents --"+ ......_- _....~_~.,-"- -~---"- -'-~----"----- (NOT USED) A-36 Other Submittals (Revised 9/18/00) 3.a - -a^^' __~ .,.._ o_ ,.,^~ ,.a..~ (NOT USED) ....tea ~l -~.-R. A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities ,~ _ ,ae ,._ ,.c ----. ..a _i r,,.. _`~---- (NOT USED) A-40 AmendmentFto Section B-8-6: Partial Estimates (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/9e) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) nc _ _i _a ..i.i .. ni.l _,..: .. -....a nr-~...- iv/c /nn~ (NOT USED) s~ 4a - ...~ „_.. ~. _.... i~ is inns (NOT USED) A-48 OverheadFElectrical Wires (7/5/00)-F A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions r c _..~__:--~..a n_: i.. (NOT USED) A-52 Fences A-53 Protection of Public and Private Property A-54 Security * -- --d- (NOT USED) A-56 Parking A-57 Noise Control A-58 Dust Control A-59 Temporary Drainage Provisions A-60 Amended Prosecution and Progress TECHNICAL SPECIAL PROVISION3 PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQIIIRSMENTS PART T - TECHNICAL 3PSCIFICATIONS 1E12[2] - Special Construction SA1[1] - Structural Steel and Other Metals 9M1[1] - Painting 13C1[1] - Modifications/Rehabilitation for South Clarifier LISTING - CONSTRIICTION PLANS APPENDIX 'A' - CLARIFIER PHOTOS NOTICE AGREEMENT PROPOSAL/DISCLOSURB 3TATEMSNT BOND Whitecap WWTP PAYbiSNT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: WHITECAP WWTP SOUTH CLARIFIER REHABILITATION consists of blasting and painting existing steel equipment, removing four existing mixers, reworking existing scum pipe, replacing existing scum pipe actuator, replacement of existing scum baffle supports and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 P m• on Wednesday, September 17, 2008 and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wednesday, September 10, 2008 beginning at 10:00 a.m. The pre-bid meeting will convene at 8ngineering Services Conference Room third floor, City Hall, 1201 Leopard, Corpus Christi, Texaa and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5$ bid bond to the City as liquidated damages. 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 Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Kevin Stowers interim Director of Engrg. Services /s/ Armando Chaps City Secretary Beviaed 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A.Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSDRANCH - MINIMOM ZNSDRANCS COVERAG& 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PHR OCCORRHNCB / AGGRSGATH - Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage. 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATIONACT AND PARAGRAPH II OF THIS EXHIBIT $MPLOYERS' LIABILITY ~ $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LI(dIT PROFESSIONAL POLLUTION LIABILITY/ $2,Ob0,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ~ .. Not limited to sudden & accidental 0 REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of ' contaminants - ' BUILDERS' RISK See Section B-6-il and Supplemental Insurance Requirements 0 REQUIRED X NOT.REQUIRED INSTALLATION FLOATER ~ $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements 0 REQUIRED - X 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 any questions regarding insurance requirements, please contact the Coatract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 y Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' 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 coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' 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 awazded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation 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 of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project (subcontractor m §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, regazdless of whether that person contracted directly with the contractor and regazdless 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 govennental 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 are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially afFects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of pazagraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's curent 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 of the coverage for each other person providing services on the project whose curent certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the speci£c document in which they aze contained or to impose stricter standards of documentation,:. Attached Graphic Page 3 of 11 (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 governmental 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 informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (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 current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (II) contractually require each other person with whom it contracts, to perform as required by subpazagraphs (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 contractor 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 coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (Ii) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they aze 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 construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 rzssl lo.l lo~a~~~~ "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 to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the con[ractor'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 al[ persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of class cation codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall note the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on f le for the duration of the project and for one year thereajer; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of arty change that materially ajj`ects the provision of coverage of arty person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classifrcation codes and payroll amounts, and that a[1 coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se f insured, with the commission's Division of Self- 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 arty 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 I 1 SECTION A SPECIAL PROVISIONS 38CTION A - SPECIAL PROVISIONS A-1 Time sad Place of Receiving Proposals/Pre-Hid Neetia 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 17, 2008. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi,.Texas 79401 ATTN: BID PROPOSAL-WHITECAP WWTP 900TH CLARIFIER REHABILITATION PROJECT NO. 7409 A pre-bid meeting is scheduled for Wednesday, September 10, 2008 beginning at 10:00 a.m. The pre-bid meeting will convene at 8agiaeeriag Services Naia Conference Room, 3`d Floor, City Hall, 1201 Leopard Street, Corpus Chriiti, Texas and will be conducted by the City. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. 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 Projeet This project consists of blasting and painting existing steel equipment, removing four existing mixers, reworking existing scum pipe, replacing existing scum pipe actuator, replacement of existing scum baffle supports and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A-4 Method of Award The bide will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Hase Bid The City reserves the right to reject any or all bide, to waive irregularities and to accept the bid which, in the City's opinion, is moat advantageous to the City and in the best interest of the public. Explanation of Measurement and Payment Sand Blast and Paint Non-Submerged Equipment: This item shall be measured as a lump num. This item shall include all work required to clean, sandblast and coat all non-submerged equipment (8 inches above average water surface). Spot Blast and Paint Submerged Equipment: This item shall be measured as a lump sum. This item shall include all work required to clean, spot blast and coat all submerged equipment (everything from 8 inches above average water surface and below)including washing and cleaning solids from the submerged equipment. Remove Four Existing Flocculating Mixers: This item shall be measured as a lump sum. This item shall include all work required to completing remove four existing flocculating mixers including electrical terminations and providing new grating to cover openings. Section A - SP (Revised 9/19/00) Page 1 of 25 4. Remove and Install Citv Provided New Scum Pipe Actuator: This item shall be measured as a lump num. This item shall include all work required to replace the existing actuator including removal of existing and installing new actuator provided by the City. 5. Scum Pipe Refurbishment and Install City Provided New Arm: This item shall be measured as a lump sum. This item shall include all work required to disassemble, clean, replace parts as necessary, lubricate and reassemble the existing scum pipe and including installing new arm (rod) provided by City to connect actuator to rotating scum pipe. 6. Scum Baffle Support Replacement: This item shall be measured as a lump sum. This item shall include all work required to disassemble existing supports, install new fiberglass supports provided by City, provide stainless steel fasteners as necessary and reassemble the existing scum baffle. 7. Welding/Misc. Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances and for unforeseen welding that may be required. Payment shall be negotiated for each circumstance. 8. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 59c Sib Soad (NUat reference WRITRCAP WWTP SODTH CLARIFIER REHABILITATION PROJECT NO. 7409 as identified is the Proposal). (A Cashier's Check, certified check, money order or bank draft from any State or National Sank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 90 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. Days Allocation for Raia The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days .March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3Days Section A - SP (Revised 9/18/00) Page 2 of 25 This project is essentially a construction contract for a period of 90 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, 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, $300 per Calendar Day will. be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 {Porkers Compensation Inauraace Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or cancelled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in __ this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals 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 9Page Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction shall apply. R 4L.. L :.-L ~.. ..G 41..- .r ~a 4ue. e.l>? 1_l t Section A - SP (Revised 9/18/00) Page 3 of 24 Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Ageaciea (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 880-3500 Urban Engineering-Mark Maroney 854-3101 Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 (826-3140 after hours) Wastewater Department 626-1818 (826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 pyp 299-4833 (361/693-9444 after hours) SBC / A T & T 881-2511 (1-800-824-4424, after hours) Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624 CenturyTel 225/214-1169 (225/229-3202 (M) ChoiceCOm (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks 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. Section A - SP (Revised 9/18/00) Page 4 Of 24 However, the accuracy sad completeaesa 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 sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. 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 sad Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The~COntractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. 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 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - aP (Revised 9/18/00) Page 5 of 24 All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not etc., are to be considered subsidiary to therefore, no direct payment will be made limited to pipe, driveways, sidewalks, the bid item for "Street Excavation"; 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 by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT IISED) Eerts_rae6er ~'-- - -- - - --- - --=-__ A-18 Schedule sad Seaueace of Construction The working time for completion of the Project will be 90 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 8ngineer") to proceed. Days Allocation for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension o£ time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Daya October 4 Days March 2 Daya July 3 Days November 3 Daya April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 90 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, 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, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer] may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. Section A - SP (Revised 9/18/00) Page 6 of 24 A-19 Construction Project Layout aad Control (NOT IISED) -..., ..-.,... ~..~.. ...-1 !aeaeeaemen>:e ~e13e ..t.~ .... ..v. h ma~lES H -zac.. c.-cocci- ~t t p--.:.a..-s...... . ~~..... ..L... 7.. ~ .. .,.... ~ .....,.. , ..e LL:- Pl~,~nr ..l ^ __a , aLie ^ L " _ : : ~+es-e e L _°~_ . .__-_ -_ - a ~ _ _____.___, __z ____ .. ._.. •....~ l.. ....~ _____ __ i~~ ~.. ... ____ _ ...:a^a __. - _______-- -_.~ L.. LL.. n..... rJ v.... .. tJ va ..~aa TL.. n.._.b .:l _. . . . .. ~ . ....1 ~ uura.usaa. l F.......: ..L -l ~ z .-..--~.~. l l :,. . ..qa+.~. l ... .. .. t.a..j....... ...j...... ~ a ... F...- 1.~. .....1 . ..-..~..- .G 41... ~Y''..vaa..a u~. ~€ EIHt'4 tk € ti , a: ..4 ....L ,... a.... «.....• .. ... ..4....1 ..~ .. ' : ~ sans ~a l3en~elt eaa~lE ~l:e-~ e ea, ~Qet~ ~L ~~ ~; iQE: i -tL e- ^it Balta :t-Prat ~ Co= e^t a in - eer 40 ; 1. ^..._.. L . L_L _lL-._-_L ~ ..l :: ~ } . ~L.. ..LI L..L..a . .9 L.". 4L.. Fe ~~ t P t S i € the C € t € t ~ z nex~ an : ~e~ee L__..L v n~ atee~~s ..L., a....,...~_a -aeeeaoa~ .. -- } , a -xa l L ..e FL. e ~ a --ee5 . n....L..... ,.~,... ~ .. ..l ° ae er :..^...... .: o l t L^ Y ra~~v ~ x t l t t~ ~ EtE ~ E lt ~ P € ~ti - ~ i € t k ~es e~eE Ee } -- ~~r- ~ --e~ en ae as - re~ee ~aee~ ie e xg~ ~ense e - e -aea so~-iE te~eeeaear~ Ee-,Mete €aem=grogeeeE~3.tne ~g~ade-fie g~ege~l} e~Eeeitt-e t-k3 e~:ar-3e, '-L.. ^L_„ ^L~_:., ..., ,.f ~L^ ..: ... .. . Ee~lLan~-Pre~eet- Sngt~ee~-gate-a ~e-~e yfa-ttet;. F€; . 6ensal:tant Pse~eeS-E agi~xee~; _--- --~---- - ---------- ------------- -- --------- -- ___________ _______._ _ ..._.._..._... _- _.._ ._, r___-_____ ___ ____ r__F ___ __ _________~ ___.. ..f FL.. ..1 ..L,.a .....L - t .. ~ . ~ ...r ._ .. .. ..... ~ - -. c [...: a ..^_..l : .....r: CJ ~ .. ^L_t l L.. ........: a..a ....a ............_..a L.. .. fL:....a .......~... agg~eveEl-a-Tt-lie-~fE3~~ze~ te~;var-]E. . ~..-_- a-__i -._.-1 _- ....- ______1 _-...~_--____ __ -__i __~-_-___f f__...___. Section A - SP (Revised 9/18/00) Page 7 of 24 A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. SCHEDULE OF TESTING HY THE CITY: (NOT IISED) SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, .including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before off site inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties: The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A-21 Project Signs (NOT IISBD) mL.. L.. _ , 1 _.i L.. C...._ a -- - - L ...i ~L E'6I3~2ic'Ye~AF __ _ - .: ~ ~ L_ a ...........: ..va _ ~L.. e: .,~ a L.. ~L.. ... n........1 ,..~~..~ A-22 Minority/Niaority Busiaesa 8aterpriae Participation Policy (Revised io/se) Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Buainesa 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 Section A - SP (Revised 9/18/00) Page 8 of 24 herein, both for minority and female participation by trade and for Minority Business Enterprise. Definitions Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. 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: Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0& of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0$ of the assets or interest in the corporate shares must be owned by one or more minority person(s). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0$ or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0& of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persona, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0& interest, shall be deemed equivalent to having minority participation in Section A - SP (Revised 9/18/00) Page 9 of 24 25.0 of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Goals 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 Sueineas 8aterpriae (Percent) Participation (Percent) 45+k These goals are applicable to all the federal participation) performed in change orders. The hours of minority uniform throughout the length of the transfer of minority employees from project to project for the sole pu percentage is prohibited. Compliance 15$ construction work (regardless of the Contract, including approved employment must be substantially Contract and in each trade. The Contractor to Contractor or from rpose of meeting the Contractor's 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. A-23 Inspection Required (Revised 7/5/00) (NOT IISSD) ~ - - - '' a LL.~ L..• 7 F L.. /~e r4 Y l I -- - -~_- _ F--- __a fee a~a~l t-he~ rc4$Z €eee -~ L 4^ l l A-24 Surety Honda Paragraph two (2) of Section 8-3-4 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 bands are in an amount in excess of ten percent (10~) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds Section A - sE (Revised 9/18/00) Page 10 of 24 ten percent (10~) of the Surety Company's capital and surplus with reinsurer (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (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 Sxemption (NOT IISED) , I € sa~e t4 € 9 ~$9Ee~9e _a r,.. m~ .., .. - «L.. ...- - e~ e3Eemp eI39 e qc 7 , €#€~ in the aPP~egriate sgaee en the - - -+.. __a .,«L__ LL- ._,..,. -c _ ~, .. €e~ a~~ bales EaEe}ee -- - -" "'''' " «" "'' ^ ^ -- e2~=sue ::~~ er nd Ehe et~eentr~eter 4n ta~^ - ---1- : G J _ L :.. .., : A-26 3upplemeatal 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: Section A - SP (Revised 9/18/00) Page 11 of 24 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-il (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 Reaooneibility for Damage Claims (NOT IIBED) A-28 Coaeideratioas for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and section A - SP (Revised 9/18/00) Page 12 of 24 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. pity 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) years recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. Thin experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site at all times that work is 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman 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 or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City 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; A list of the products to be incorporated into the Project; Section A - SP (RevlBed 9/18/00) Page 13 of 24 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies . or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 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; S. Documentation required pursuant to the Special Provisions A-2B 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 bib opening, submit is letter form, information identlfyiag type of entity sad state, i.e., Texas (or other state) Corporation or Partnership, sad name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy oa 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 acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. section A - SP (Revised 9/18/00) Page 14 of 24 A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Sid Meeting referred to is 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 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, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) L _F LL..J .- .i.l _....~e.~ L .. rL _ _J.- ,-L_ _~.e.,a~ _ .. ,....~....._... __ L_ _J Td_LU _l C_.. 4 L_ J ..L.. J_ ...F...n.- ^ ..L LL: -. ier€ax~na`ie Fer addi€iea-~ € #li€ n re€er €e ae ~ ~-C~r~ rra€e~ AEEae~mes~~ Section A - SP (Revised 9/18/00) Page 15 of 29 }} made tale and ears}~rtEen4: used ~ePa}~ ^^°°'''~ ~ ...: L_.~ fLe L._ ~.~ w4 l J ~e F~ ~ ••____ Bl~e~nPt'TZe~G~~e/~rk}$C-D'G-GOii'Ga2iieR~R'G~6}l 4 T6.. n....F._+ ~ ^L^ l l _ 1 }}erred - ~ fi ~ ~' __~_-. y~ _...... L ~ ~° . -------- - - e a c3s - w side-a~wn~ .., _ ^a g Fem. 1. }fie-ao-acoisr+avcd a _ _ ~ _ __,l LJ ^l ...n ~YYi r~~~ .. . • - .nau 7 l J F J i. -~ M• _ .^4~ _~ ~ section A - SP (Revised 9/18/00) Page 16 of 24 - ~a....,....L - - _a '2 L i _ .. 3 F_.- l .. ..h ....-.-- Tw. - ..l 0....fA1pR 4 ~lgi~eer, ~ E -, ..9. --'°F----- - -- F. ,. ....«e,. 6- e-~naa~na-a-ge~manent F..,~y- ~a- L. .i LL.. ~C3 ...i L.......J_ , , a iie eha~~ _ ..LJ ..L .~.,. ... ..a.._L ,.F rM .., ..tee ..c _ _L.....,... ~. ..L~..L +nf- ____ _ ~L1- vu~ }. ll -,l Fill-~ ... L,...1-.. YM 1. -- Rtb A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, etc. b. Reproducibles: In addition to the 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 Section A - SP (Revised 9/18/00) Page 17 of 29 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. 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 forme. 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. 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. Teat 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 equipment will not be approved for use on the project. A 37 Amended Arrangement and Charge for Water Furnished by the City" (NOT II38D) P~ n°-) '£kt#s _ _G ~L~ Al.. ~. 4n _ ~ t Lln.r......L ~.a 38 The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. Section A - SP (Revised 9/18/00) Page 1B of 24 A-39 Certificate of Occupancy and Final Acceptance (Not IIaed) A-40 Amendment to Section H-8-6: Partial 8stimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of 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 II3HD) +- a,ed---eseeeg~E--€e~ regatrs - .: ,, °~~'~` A-42 O38A 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, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders 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-HUilt Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. Section A - SP (Revised 9/18/00) Page 19 of 24 (b) Upon completion of each facility, the Contractor shall furnish Owner with one net 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 c hanges made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A-46 Disposal of Highly Chlorinated water (7/5/00) (xos vssa) A-47 Pre-Construction 8xploratory Excavations (~/5/oo) (NOx vssa) A-: E: :,, A-48 Overhead Electrical 9Pirea (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. section A - SP (Revised 9/18/00) Page 20 of 24 at' - - - - ~-~"~--w~rvc 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" (s/24/o0) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils (NOT IISBD) tAz ~e } }~-w' e--5he area-tested ` ""' r i Ee~tel-iteikee B ..A - t.....L F.I rem the ~€aee e€ e3~e 'shed~~ade E~ will ~e the --` G itrte t-he-Hae)Ff}l~ , ., i c - a c • _.. ,__~F_~~ ~_--__-' a-,.,. Section A - SP (Revised 9/18/00) Page 21 of 24 A-52 Feacea All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public sad Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-55 Access Roads (NOT IISBD) section A - SP (Revised 9/18/00) Page 22 of 24 A-56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A-57 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A-56 Dust Control Contractor shall take reasonable measures to prevent unnecessary duet. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical duet suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with duet screens. Monthly payment will be withheld if this provision ie not followed. A-59 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. A-60 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. Section A - SP (Revised 9/18/00) Page 23 of 24 SIIHMITTAL TRANSMITTAL FORM PROJECT: WHITECAP WWTP SODTH CLARIF28R RBHAEILITATION OWNER: City of Corpus Christi ENGINEER: IIREAN ENGINEERING CONTRACTOR: SIIBMITTAL DATE: APPLICAHLB SPBCIFICATION OR DRAWING SIIHMITTAL NOBffiER: SIIBMITTAL Section A - SP (Revised 9/18/00) Page 24 of 24 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 9TH day of DECEMBER, 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 R.S.Black Civil Contractors Inc /Machinery & Materials Inc. a Joint Venture termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $97,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: WFIITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 (TOTAL BASE BID: $97,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, 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 WHITECAP WWTP 30UTH CLARIFIER PROJECT NO. 7409 I II III IV V BID QTY 6 UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURE3 (QTY & UNIT PRICE IN FIGURES) 1 1 LS Sandblast (SP-10) and Paint Non-Submerged Equipment, l t i l LS 2 ~n Dn $ ZZ ©CX~.. pCZ / comp e e n p ace per 2 1 LS Spot Blast and Paint Submerged Equipment, complete in place LS ~~ $ •C?DD. C+C~ $ ~'S LC%L7fi. per , 3 1 LS Remove Four Existing Flocculating Mixers, complete LS i l t,~ ~~~C'- ~e+ $ ~~~" n p ace per ~I 9 1 LS Remove and Install City Provided New Scum Pipe Actuator, complete in place •~iG'tX~-[X~ ' $ ~~L7t?t-y.~ II per LS i 5 ' 1 LS Scum Pipe Refurbishment and Install City Provided New Arm, i l LS l t pC% ~'~~n- t'a $ ~~1C~(~. n p ace per comp e e ~ 6 1 LS Scum Baffle Support Replacement, complete in place er LS •~C'f'C~.,L:yn ! $ ~r3[7[7~~~ p 7 1 LS Welding/Miscellaneous Allowance (Mandatory Allowance), complete in place per LS 10,000 ~ $10,000 TOTAL BASE BID $ ~"1~~~L"'/G-~~ (Items 1 - 7) PROPOSAL FORM PAGE 3 OF 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 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: Q~n JU~~- City Secretary CITY O~F~CjOR,P~USj CHRISTI By: (//< vim/ Oscar Martinez, Assistant City Manager APPROVED S TO GAL FORM: By: '^\'UI r Asst. Ci y Attorney ATTEST: (If Corporation) eal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) ~:~3. AUTHORIZEb ar co~ry~~L..1~2.9~~~g ... secuEra~v~~~~. By: ( (g ~~ Kevin Stowers, Interim Director of Engineering Services CONTRACTOR R.S.Black Civil Contractors, Inc./Machinery 6 Materials, Inc. a Joint Venture //'' BY:~~ l~L Title: P.o. sos 621a (Address) CORPUS CHRISTI, TX 78466 (City) (State)(ZIP) 361/242-3187 * 361/242-3188 (Phone) (Fax) Agreement Page 2 of 2 P R O P O S A L F O R M F O R WHITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 6 P R O P O S A L Place: Date: SEPr 2¢ Z(~0 ~ fZ S (~c.A~K GI vim ~on/7~ca~s/ /.vc Proposal of /Y1141_f~fNF.e~f ~- ~,P~swlr- /NG Joinir- UF~YTL~C a Corporation organized and existing under the laws of the State of T~(,qT OR a Partnership or Individual doing business as TO: The City o£ 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: WHITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: PROPOSAL FORM PAGE 2 OF 6 WHITECAP WWTP SOUTH CLARIFIER PROJECT NO. 7909 I II III IV V BID QTY S UNIT PRICE BID ITEM EXTENSION II ITEM .UNIT DESCRIPTION IN FIG'URE3 (QTY 6 UNIT PRICE IN FIGURES) 1 1 Sandblast (SP-10) and Paint II LS Non-Submerged Equipment, l i l LS ~~t; 2'~ rJP~ $ Z"Z~OLX7° comp ete n p ace per 2 1 Spot Blast and Paint Submerged II LS Equipment, complete in place LS Cc~ 5 •OOC7• fry $ ~'S~CC~~1. per II 3 1 Remove Four Existing LS Flocculating Mixers, complete LS i l r,~ GO - OL-+ $ ~~~~" ace per n p II 9 I Remove and Install City LS Provided New Scum Pipe Actuator, complete in place GYM 3fXw $ '~L7t+C"`'Y? per LS 5 1 Scum Pipe Refurbishment and LS Install City Provided New Arm, l t i l LS c~''nC~C? pC= $ (- 9 Tc 21C ~' comp e e n p ace per 6 1 Scum Baffle Support - LS Replacement, complete in place er LS ~3CCC3_£Y} $ ~~3tg~,~ p 7 1 Welding/Miscellaneous LS Allowance (Mandatory II Allowance), complete in place per LS $10,000 $10,000 TOTAL BASE BID S `~ ~~ O~G - ~~ (Items 1 - 7) ~ PROPOSAL FORM PAGE 3 OF 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City.are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of .award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 58 of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 90 Calendar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. . Receipt of the following addenda is acknowledged (addenda number): Respectfu11~ti8 b~ ted: Name : /~k (SEAL - IF BIDDER IS By. 7~w~i ~~ ~ / ,~ (~u GN]\TU ~ ) a Corporation) Address: ~Q/,~~' ~p 2J ~ P.O. Box) (Street) ~~ i ~X '~~ (City) (State) (Zip) Telephone r ~ J- 7GS'-/7$ 7 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete Z¢Z.- ~ ~ $ 7 with attached papers. (Revisetl August 2000) PROPOSAL FORM PAGE 4 OF 6 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 104993886 FINOW ALL BY THESE PRESENTS: THAT R S Black Civil Contractors Inc./Machinery 6 Materials, Inc. a Joint venture of NUECES County, Texas, hereinafter called "Principal", and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA , d 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 NINETY-SEVEN THOUSAND AND NO/100($97,000.00) 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 9TH of DECEMBER 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: WHITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 (TOTAL BASE BID: $97,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it .does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 17Tx day Of DECEMBER 2O 08 PRINCIPAL R.S. BLACK~~CIVIL CONTRACTORS, INC./ MACHINERY &_MATERIALS, INC., A JOINT VENTURE By: ROBERT S. BLACK IIIr GENERAL MANAGER (Print Name & Title) ATTEST 1 ~ ~~ Name & SURETY TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA The Resident Agent of the Surety. in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Persoa: Address: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 - nRRiTC !'FIRTSTT TFXAS' 78403 Phone Number: 361-B83-1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. 104993886 STATE OF TEXAS § COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT R S Black Civil Contractors Inc /Machinery S Materials, Inc. a Joint venture of NUECES County, Texas, her~e7inafter called "Principal", and TRAVELERS CASUALTY & SURETY COMPANY OF ~E-aC~OrpOratlOn organized under the laws of the State of roNNFrmt~nm 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 NINETY-SEVEN THOUSAND AND NO/100($97,000.00) 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 Corpris Christi, dated the 9TH day DECEMBER 20 08 a copy of which is hereto attached and made a part hereof, for the construction of: WHITECAP WWTP SOUTH CLARIFIER REHABILITATION PROJECT NO. 7409 (TOTAL BASE BID: $97,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 17TH day Of DECEMBER 2~ OS PRINCIPAL R.S. BLACK CIVIL CONTRACTORS, INC./ ATTEST SURETY TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA- By At MARY ELLEN MOORE (Print Name) The Reai.dent Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: AgeIICy: SWANTNER & GORDON INSURANCE AGENCY COA tact PET$OII: MARY ELLEN MOORE Address: P.o. sox 870 CnavrtS CHRISTI. TEXAS 78403 Phone Number: 361-583-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 ROBERT S. BLACK III GENERAL MANAGER (Print Name & Title) CERTIFICATE OF LIABILITY INSURANCE OPID POSH oATE IBMmorcwv) ACORD . RSBLiLCi 1z/1T/oe PRDDUCER THNi CERTIFlCATE Ni N3SUED AS A NUTTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BTVantner i Gordon Ins Agcy-CC HOLDER. THIS CERTiFlCATE DOES NOT AMEND, EXTEND OR PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Chzisti TX 78403-0870 Phone: 361-883-1711 Faz:361-844-0101 INSURERS AFFORDING COVERAGE NAICk PgUREO IN9IRERA: n~Lt%L1epN Duutane• Ca 26689 - INSURER B: ~mLer TI.L••:..L ar co As 15954 R9 8lacrkLyYCivil Contractors,Zac 4 Materials, IIIC. L i e INSURERC Txiait Universal Ins Co y 19887 P O B OX e21y Cor us Ch ti TX 78466-6218 INSURER O: T•"•• ~~ ~•°°• e.Rw 2294b p ris INSUr~Re !ir®aas Tuad Insurance Co 21873 COVERAGES THE POLICIES OF INSURMICE LISTED BELOW HAVE BEEN ISSUED TO THE INSU7ED NAAEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITMSTAN9ING ANY REOUIREAEM. TERM OR COPDITION OF P1JY COMPACTOR OTHER DOCUhENT WITH RESPECT TO WHICH 7HIS CERTIFIG'IE MAY BE ISSUED OR MNY PERTAIN, TIE INSURANCEAFFORDED BY TIE POLICIES DESCRIBED HEREIN IS SUBJECT TO PLL THE TERMS, EXCLUSIONS A7~ CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHONM MAY HAVE BEEN REDUCED BY PAID CWMS. LTR N9 TYPE OF E POLICY NUMBER DATE ILVYDDHYI DATE (MRIDDIYY) LBIIIf GENElU1L LUBILITY EACH OCCURRENCE 51,000,000 A X cOMMERCIALCENQLLLLIPBILRY CAP075415503 01/28/08 01/28 /09 PREMISESIEARCeurence) 6100,000 CLAIMS MADE X^ OCCUR / J MED EXP (Ary ore P.l~) s 5, 000 PERSONAL BADV INJUtr 1,000,000 - GEfERPL AGGREGATE b 2 , 000 , 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG b2,000,OOO POLICY X JECaT LOC AUT ONOBLE LUIBLM fOMBINED SINGLE LIMIT 51,DDD,DDD H X ANVAUro CAP250050003 01/26/06 01/28/Q9 IE°ec`i°ely ALI OWIED MROS 1// BODILV INJURY b SCFEDIILED PUTOS IPer Person) X HIRED AUTOS BODILY INJURY s X kOKOVJIJED PUTOS (Per eccitleMl PROPERTY DAMAGE 5 IPm xcitlent) WRAGE LUBRJIY ANO OFLY-EA ACCIDENT b PNY AlRO OTHER THAN EA ACC b AVf00NLY: AGG b i E%CESSAaBRTELU LIABARY EACH OCCURRENCE 1, OOO , OOO C X occLTT ~UWMSMADE CUP075163201 01/28/08 Ol/28/p9 AGGREGATE 51,000,000 // s DEDUCTIBLE T b X REIEMION S1D,DDD 5 YVORI(ENB COMPEN8ATMIN AND X TORY LIMRS ER D ~PRO~PRIETOR PM~IIERlE%ECUIrvE 7860001140917 01/28/08 O7/2 9 EL.EACI+ACCIDENr 51,000,000 i OFFICERR.£NBER EXCLLAEDT ~ E.L. DISEASE-E4 ENALOYEE S1,000,OOO IIyes destn~u~er SPECW.PROYISICNS bebn d E.I. DISEASE-POLICY LIMB 51 DDD DDD , r Z O71EF! B1drs.Risk/Install MEI97802934 01/26/08 01/28/09 Reporting Vazious CDmpieted Value ALL RISK 60R~ boa DEBCRW710N OF OP9U7Nk18 / LOCATION8 /VEHICLES/ E%CLUSIONB ADDED BY ENDOR9EMENf / MECW. %tOVaIONS Project: SPhitecap isNTP South CSazifier Rehabilitation v The City of Corpus Christi is named as additional insured oa.General and Auto Liability policies n nro,n r c nvwm CZCC-CO BHWA.D ANV OF 7XE ABOVE DESCRIBED POLILTEB BE CANCELLED EEFORE EXPIRATION City of Corpus Christi Dept. of 3agiaeeriaq Services / Attn: Contract 1ldministrator ~~ P.O. Box 9277 Corpus Christi TX 78469-9277 DATE 7NEREOF,TIE aSUING NSUUBT NTLI ENDEAVORTO NIIB. SO DAVE YIRDTHJ NOME T07HE CERTFICATE HOLDER NAMW TO TIE LEFT, BUTFAILURE 70 DO SO SHALL MDSE ND OBLIGATION OR LUIBILRY OF ANY HIND UPON THE WBURER RS AGEMS OR 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 cert~cate 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 cert~cete does not confer rights to the cert~cate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this farm does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativey or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1128108 to 1/28/09 POLICY NUMBER: CAP 0754156 -03 ~ COMMERCIAL GENERAL LIABILITY CG 20 28 07 64 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE J City of Corpus Christi Engineering Services Attn: Contract Adm. PO Box 9277 Corpus Christi, TX 78469-9277 Section II - YYho la An Irteured is amended to in- duda as an additional insured the person(s) or or- ganitation(sl shown in the Schedule, but only with respect to liability for 'bodily injury", "propsrty damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: A. In the pertormance of your ongoing operations; ar B, In connection with your premises owned by or rented to you. V CG 20 26 07 04 Copyright, ISO Properties. Inc., 2004 Page t of 1 TRINITY UNIVERSAL INSURANk,` CO 10000 NORTFf CENTRAL EXPRESSWAY DALLAS, TX 75231 ;`t 4r'' COMMERCIAL PACKAGE POLICY POLICY INTEREST SCHEDULE cccD2 ADDZTTCNAi, FNSiIRED /~ CITY GF CORPUS CHRISTI DEPT OF ENGINEERZNv SER4ICu3 PO BCX 9277 CORPUS CHRIoTZ TX 18469 PopcM Number: CAP 0754155 -03 Named Insured: R.S. BLACK CIVIL CONTflACTORS, SCHED 0801 AGENT CUPV »«,.o TE 91101!3 ADDITIONAL INSURED This endorse+menf mo9ifies mvurance pranded under lha (Wlov,•ing: BUSINESS AU70 COVERAGE FORM GARAGE COVERAGE FORK TRUCKERS COVERAGE FORM This endorsement Jtarges gte poliCy effective on the incrptirn date of :fie polity unless another date js indicated below 1/28!08 CAP2500500-03 'l'ha provisions and e~lusans that apply to UA8ILITY COVERAGE also apply to Iris endorsemen4 Cf of CdrpVS Christi. Dept. of Englncwring Services, Attn: Contract At)rninisyattx, PC Box 92Ti, Corpus Chdsti, 7X 711469-9277 (Enlm Name and Address of Ad~donal Inwred ) is an insured, but anly won respect ro !cyst responsibility for acts ar omissions o1 a person for wt!om Liability Coverage is afferdad under this pdicy. The additional insured is not repuired to pay for any prerhiums stated in the pplicy or earned from the policy. Ar,y return Fremium and any tldddend, if appkeabb. declared by us shall be paid ld ym~. Ydu are authorized td act 1cr the additional insured in efl matters pedarning to this u,suran~. We Wls mss Ota Wdibona! Insured notice cf any cancellation of this policy. It the eanceAation is by us, va will give tan days notice to the addHtonal Ina4/8d. The adtlidonsl insured ~a8; retain •sny right nt recovery as a ctaiman! ~•~nder !hie ncticy. FORM TE 99 Ot B -AODITiONAL INSEJREb Texas Standard Autmnobile Endorsement Prescribed March tfl, 7892 i ' POLICY NUMBER: CAP0754155 -03 COMMERCIAL GENERAL LIABILITY C4 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~~TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE T is endorsement modifies insurance provided under th9 following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIGIUOR LIA61LtTY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT W ITHDRAWAL COVERAGE PART PROOUCTSICOMPLETED OPERATIONS LIABILTY COVERAGE PART RAILROAD PROTECTNE LIABILITY COVERAGE PART In the event o/ cancellation w material change that reduces or reslrlcls the i~urance afforded b1l this Coverage part, we agree ro mall prbr written notice of cancellation w materiel change to: SCHEDULE 1. Hama: City of Corpus Christi / / Department of Engineering Services Attn: Contr ct Admin' rotor 2 Address: PO Box 9277 Corpus Christi, TX 78469-9277 3. . Num@sr of da advance notice: 30 Information required to comylete this Scheduled not shown abcve, will be slwwn in the Declarations. ____ ~~~ CG 02 OS't2 g4 i•: iS0 Prrpenis, inc., ?.CA's Page 1 of ! G TE 02 02A CANCE~IATION PROVISION OR COVERAGE CHANGE ENDORSEMENT The endorsement modifies insurance provwded under tfte fallowing: BUSINESS AUTO COVERAGE FORMI GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes me policy effective on me inception dale of the policy unless another date ±s indcated beinw Endorsomer:t Effwaaive ~ Po' - mbar -~- t/28/08 CAP2500500-03 Nerved Insured / e i_R$ BIACK CML CONTRACTORS M1C - Gounterslgnatl by t AUfMf¢00 KepreSBrlfallYe) b 30 days i~!ore this policy is canceled o: materiaity change~9 to reduce Dr restriU coverage we will malt :Mice of the cancellation or change rn: City of Carpus Chris9, Oepf. of Englneenrtg Servirzs_Attn: ContraU Administrator. PO Box 9277_Carpus Christi, .TX 70489-9277 (Enter Name and Address j ~ ~ ~ ~^ FORM TE Oe 02A -CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT Texas Standard Automobile EndorsemenC Preacrtbed Mareh 59, 1992 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POUCy WC 420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsemem applies only to the insurance provided ny the policy because Texas is shown in (tern 3.A, of the Infrxmation Page. .n the event of cancellation or other material change of the poticy, we witf maA advance notice to the Pelson or organization named in the Schedule. The number of days advance notice is shovnt in the Schedule. Tnis endorsemem shall no! operate dirediy or indirectly fo benefit arry0ne not named in the Schedule. ,/ scneawe 7. Number of days advance nobce~ 30 ° 2. Native wiN be malted to: Cfty of Corpus Christi ,/ Department of Engineering Services v Attn: Contract Administrator P.O. Box 9277 Coryus Christi, TX 78469-9277 ha r.'Nurrna~?! s::^.a::Obs :le P~~~KY is whw'r d ~ a'rxls:J a/.tecrrce m~ me v~ccµiun aat¢ or the ~:RcY .mess a ~Rlermi data !~ su:ca;ad keirnv i771N rM~nW ttg ~:~QaC'~:fQ C!SIIM.f--'~ 11efd E¢ COnIC:eibd ,fdY - Hn !nM 61;lY]tb¢I'.6r G i5 ~?64 51)b¢a~¢f!t t0 Fl!'F3'221,Mt Cf [IIE (~41GY 1 nr, nrurrnemant, afrrdRe or. January 28, 2008 Y !2:Ct F..M. vanomh tim/e. ?am: a pmi of ^'ngcy Nc. rSF'-0007!409;7 20080128 utll~,=Texas Mutual ln,•lrance tympany ~/ z>U?d to R S BLACK CIVIL CON7RAC TORS INC Endorsement No, ..... Y..._~......_..._ _.__.-......_-_..,.__.._..__.____.. _.. Autluaized Representative AGE tii`5 ?:Ory CSNAGG!:R i-30~20tl6