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HomeMy WebLinkAboutC2008-513 - 12/9/2008 - Approvedn - 2008_513 C.~ M2008-325 12/09/08 SPECIAL PROVISIONS SPECIFICATIONS AND A & R Demolition FORMS OF CONTRACTS AND BONDS FOR ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008 -PROJECT NO. 8640 LNV ENGINEERING 801 Navigation, Suite 300 Corpus Christi, Texas 78408 PH: 361.-883-1984 FAX: 361-883-1986 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 8640 DRAWING NO: WTR-391. (Revised 7/5/00) ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008 - PROJECT NO. 8640 Table of Contents fdOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's 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 o£ Completion/Liquidated Damages A-7 Workers CompensationInsurance 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/OO) 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 ~ ^FF~^2-- NOT IISED A-18 Schedule. and Sequence of Construction A-19 Construction Project Layout and Control - A-20 Testing and Certification ~ ^-^~-^~-ra-ans NOT IISED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised x/5/00) A-24 Surety Bonds ^ NO LONGER APPLICABLE (6/11/98) ~ A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A-35 City Water Facilities Special~Requirements A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge fcr Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities NOT USED A-90 Amendment to Section B-8-6: Partial Estimates A-91 Ozone Advisory A-92 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (9/26/99) _ A-95 As-Built Dimensions and Drawings (7/5/00) .rte ~ ,.c ..,t, ~. nr..t .. ,.,a ra-. '+~c ink NOT USED _~,_ i.,, ,~ z~_. ,. -r is inn~_ NOT USED A-98 Overhead Electrical Wires (7/5/00) A-99 Amend "Maintenance Guaranty" (8/24/00) ATTACHMENT I - CITY WATER FACILITIES VISITOR/CONTRACTOR INFORMATION ATTACHMENT II - CITY LANDFILL WASTE PROFILE SHEET ATTACHMENT III - INFORMATION SHEETS ON CHEMICAL FORMERLY STORED IN STEEL TANKS ON ROOF OF CHEMICAL BUILDING ATTACHMENT IV - TCLP TESTING OF PAINT WITH LEAD CONTENT ON STEEL COMPONENTS TO BE REMOVED PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS SECTION 1 GENERAL REQUIREMENTS 01738 Selective Demolition SECTION 3 CONCRETE 03300 Normal Weight Structural Concrete SECTION 5 METALS 05120 Structural Steel 05311 Steel Roof Deck 05500 Metal Fabrications SECTION 7 THERMAL & MOISTURE PROTECTION 07536 Modified Bitumen Roof System (Section includes Insulation) SECTION 9 FINISHES 09900 Painting LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: ONSWTP DEMOLITION OF CHEMICAL FHSD SYSTEM (OVHRHSAD STORAGH TANKS) 2008- PROJHCT NO. 8640 - consisting of removal of four (4) steel chemical ,feed system overhead storage tanks (2 each 20' dia. x 35' hgt. and 2 each 26' dia. - x 45' hgt. including conical base tank extension through and below building concrete roof plate) to include removal of associated steel access stairs and platforms; feed system operation apparatus; certain piping; roof flashing at tank penetration of roof; steel tank structural support columns (above roof) and bracing; certain associated electrical power wiring/conduit; certain round steel duct work intake riser (from rooftop pressurization unit to remain); and closure of the remaining roof openings and roofing of same (certain painted elements contain lead below regulation levels; these items will be properly disposed of), in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, September 24, 2008, and then publicly opened and read. Any bid received after closing time. will be returned unopened. A Pre-Bid Meeting is scheduled for 10:00 a.m. on Tuesday September 16, 2008. The pre-bid meeting will convene at ONSWTP Chemical Building and will be conducted by the City, and will include a general review of. the project with time for questions and answers. A tour of the project site will be~conducted after the meeting. Bidders attendance highly recommended as no separate other project site tours will be conducted. 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 Engineering Services /s/ Armando Chaps, City Secretary Revised 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 INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including:- $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazazd 5. Products/ Completed Operations Hazard 6. Conhactual btsurance 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 COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABII.ITY/ $2,000,000 COMBIIQED SINGLE LINIIT ENVIRONMENTAL IMPAIlZMENT COVERAGE _ REQUIl2ED Not limited to sudden & accidental dischazge; to include long- x_ NOT REQUIRED tern environmental impact for the disposal of contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements x REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-1 I and Supplemental Insurance Requirements _ REQUIltED x NOT REQUIRED Page 1 of 2 oThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. r.11. ^ame of the project must be listed under "description of operations" on each certificate of insurance. oFor 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 Cz~ntractor shall provide to the City the other endorsements to insurance policies or coverages which aze specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator a1880- 3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code ?8 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CF~APTER 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 certiftcate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building orconstruction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' 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" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor can•iers, owner-operators', employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who 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 carrier 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 paragraph (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 current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of 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 I for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 :;ontractor 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 (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(I~ of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its cunent 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 cun•ent 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 } , a thereafter; (7) notify the governrrtental 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 ftling 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 (H) contractually require each person with whom it contracts, to perform as required by this subpazagraph 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 govemmental 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. ._......_, ._ ..._ ....._..r ...... . ......_ ... . Source Note: The provisions of this §I 10.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 Texlteg 8609 Page 7 of 11 1'285110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "T ^^ !mv 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 T28S110.110(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 contractor's/person's work on the project has been completed and accepted by the governmental entity. ~~ Persons providing services on the project (subcontractor en X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees: This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of arty entity which furnishes persons 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 wt include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and feting 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 oJthe project, the contractor must, prior to the end of the coverage period, file a new certiftcate 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 cert f cafe 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. ~. 'lhe contractor shall notify the governmental entity in writing by certified mall 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. :"I. 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 certifrcate 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, :f 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 cert fcate 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) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be fried with the appropriate insurance carrier or, in the case of aself-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 any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void tf the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A -SPECIAL PROVISIONS ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008 - PROJECT NO. 8640 SECTION A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wednesday September 24, 2008. Proposals mailed should be addressed inthe following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78901 ATTN: BID PROPOSAL - ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008-PROJECT NO. 8640 A pre-bid meeting will be held on Tuesday September 16, 2008, beginning at 10.00 a m The pre-bid meeting willconvene at the ONSWTP Chemical Building and will include a general review of the project with time for questions and answers. A tour of the project site will be conducted after the meeting. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project The project consists of removal of four (9) steel chemical feed system overhead storage tanks(2 each 20' dia. x 35' hgt. and 2 each 26' dia. x 45' hgt. including conical base tank extension through and below building concrete roof plate) to include removal of associated steel access stairs and platforms; feed system operation apparatus; certain piping; roof flashing at tank penetration of roof; steel tank structural support columns (above roof) and bracing; certain associated electrical power wiring/conduit; certain round steel duct work intake riser (from rooftop pressurization unit to remain); and closure of the remaining roof openings and roofing of same (certain painted elements contain lead below regulation levels; these items will be properly disposed of), in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to availability of funds. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. section A - SP (Revised 9/18/00) Page 1 of 20 A-5 Items to be Submitted with Proposal Th•~ ~cllowing items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008-PROJECT NO. 8640 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) ~. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be~45 Calendar Days. The Contractor shall commence work within ten(10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. - For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, Five Hundred and no/100 Dollars ($500.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in. this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete. the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. Section A - SP (Revised 9/10 /00) Page 2 of 20 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 lo~teSt responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Building Construction. Minimum Prevailing Waqe 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 (1.5) times the specified hourly wage must be paid for all hours worked in excess of 90 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definitionof Terms, and Section B- 7-6, Working Hours.) A-11 Cooperation with Public Agencies (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 (98) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility. For the~Contractor's convenience, the following telephone numbers are listed. City Engineer 860-3500 Project Engineer 826-3500 A/E Project Architect/Engineer LNV Engineering 361-883-1984 Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 Wastewater Department 826-1818 Gas Department 885-6900 Storm Water Department 826-1881 Parks & Recreation Dept. 826-3961 Streets & Solid Waste Services 826-1970 AEe^ 299-9833 SBC 881-2511 Fax 361-883-1986 (626-3190 after hours) (826-3190 after hours) (885-6900 after hours) (826-3140 after hours) (693-9499 after hours) (1-800-829-9424 after hours) Section A - SP (Revised 9/18/00) Page 3 of 20 Municipal Intersection System for Traffic Signal/Fiber Optic Locate 857-1946 657-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) %MC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in- the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the CityEngineer. 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 and 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. Section A - SP (Revised 9/18/00) Page 4 of 20 All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the' storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation sad Removals All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts, roof debris 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. ~: _, ~ ^": ^- (NOT IISED) A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, Section A - SP (Revised 9/18/00) Page 5 of 20 identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. _. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings depict, but not necessary include, lines, slopes, sections, _,~.rements, etc., that are normally required to construct a project of this nature. The Contractor shall furnish all lines, slopes and measurements for control of the work. If, for whatever reason, it is necessary to deviate from proposed line to properly execute the work, the Contractor shall obtain approval of the City or consultant Project Engineer,~the required deviation may necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. A-20 Tenting and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. .,, .. _ __ _ __ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (revised io/9e) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. Sn accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, section A - SP (Revised 9/18/00) Page,6 of 20 association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, AmeSican Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any -other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority~.BUSiness Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one. or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0°s interest, shall be deemed equivalent to having minority participation in 25.0°s of the. work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 9/18/00) Page 7 of 20 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 (Percent) Minority Business Baterprise Participation (Percent) 45$ 15`k These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract -and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance 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. 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) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection -`«^- "- '-••"a'-- ' eemPle6ed reac3~~€er-aeeega ~ ^'~« «'^~ z°~~'~ei a~~ . Section ^B F6-2«of the«GeneralT Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section 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 bonds are in an amount in excess of ten percent (lOg) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of-the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any Section A - SP (Revised 9/18/00) Page a of 20 reinsures 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 Soard of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsures 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 reinsures that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsures must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." - ^^~?~.a- (NOT IISBD) 6ee~} mg ' ern-F~evis4e~ _:.a ~~,e ., a i t e ,. c ..tee ___ h ,.i...~~. n4 , I A 1 .. ..l {as A-26SUpplemeatal 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 9 of 20 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 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide builder's risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award sad 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 Section A - SP (Revised 9/18/00) Page 10 of 20 and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, -but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. 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" Requiremeata 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: Section A - SP (Revised 9/18/00) Page it of 20 I. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 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 8-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter-form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, sad name(s) sad Title (e) of individual(s) authorized to execute contracts oa behalf of said entity. A-31 Amended Policy on Extra Work sad 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 Section A - SP (Revised 9/18/00) Page 12 of 20 of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. . A-32 Amended "Execution of Contract" 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 Coaditiona of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given~to the construction plans, fourth precedence will be given to the 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 A. Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying- their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. B. Operation of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or nay other item related to City water facility at nay time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. Section A - SP (Revised 9/18/00) Page 13 of 20 C;. Protection of Water Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be-used unless they conform with ANSI/NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials .which could come into contact with potable water. E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water .facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON-SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name sad individual employee identification. G. Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J, All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name.- No private employee vehicles are allowed at O. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. Section A - SP (Revised 9/18/00) Page 14 of 20 h X «1... _ h.. .. .i e. ei } l «l.:.. ..4 v~_ f~ ~'j ~ ~ ~ d ' ~3 the ` - e € w e~l~~ ^a>`=e~ e 3 Iie ea-~aet F..... .. , ..~ ..« G y-engage _ ie......... ...i T..... F... ~ 4 ' ng~neer, E «..<^F ° - ,. .. F.., ,.. 5 Fie ^a ' t `~~' f ` °' -n€ai.~s a-get~n 6 anen ~ -. ~ l#h - '' =am- : °- - -, . . rate repair, ea h ' . -~g t w # r h'eh }•• «h . ~ ..1....« .. f s Ae u~tt grnen eq~ Y "`" ` €raet:#ea~ ..... F....«. t ' a ~T h t ir teaens mate r `^ "'""'« ~-pe~€-ar~ea~ee a 8 e = ~ ~ _ ° h,..°L~ A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. Section A - SP (Revised 9/18/00) Page 15 of 20 ..1: 4: ...i .... L...: ..-.1 _ 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 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 forms. i Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 2 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. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise the related equipment will not be approved for use on the project. A-37 Ameaded "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B-6-15 Arrangement and Charge for Water Furnished by the City, add the- following: Section A - SP (Revised 9/18/00) Page 16 of 20 "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-38 Worker's Construct The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. ~y P ~ (NOT IISED) ~~-~ssu~=ee e€ ee~ti€ieate `^" - r A-40Ameadment to Section B-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 Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify-Contractor about ozone alert. If a delay such as this is experienced, the day will sot be counted as a work day. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects-and or jobs. A-43 Amended Iademnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" 8-6-21 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 andall 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. Section A - SP (Revised 9/18/00) Page 17 of 20 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 -~.-nge order. A-45 As-Built 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. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions.- (3) Deletions, additions, and changes to scope of work. (4) Any other changes made. ~c na ~~^..l .F a•..L l.. nLI ~..J ...a _a _ (7/5/00) (NOT USED) 'fhe Eerrtrae€e~ shall-»~aesgonsib-le €or-thr_ ?====s^l~_ °€ ....~~.. °~-~~ slte wat~-=-Par-E}~'la~~~--l~i~ le:rels e€ ettle~i~e--wil€ be ttsed~~ di 6iizF CC` a a L.. ,. F m-.v~:R~ ~eee -~.~~,~=missihle €3m~ts €e~ d}se aage~~a weSlaDas-s=~~i~ex,Reirt~ll}^sensi~i~e~.-~ea~s. "'L--~=~^ °-r~y.:i~~c~br -.. ..L T ll L. 4L !~ .n}.~^r.}~yyle. ..1 Lily} ageae-ics ~ -=~-~=FPIItC~, -Prf ~ ~;_~ =r¢ tel. }L ^yL^ ..F _l l .l _ }L^ a: e. ^l- ^F .. .......F.~i ..~..-. ,..-.. --s..__,... .,..,,., __ ...__ __a ______r _~_______ ___ ____ ___F____ __ a~i-wate~se~ia €he-g~e~eee. Thc-,~ee#ieas~Q}sposal-~hali be ^.-~ ~::zorsiaa•cE~~vfrcci . cvrresuccox 3..~x --rav~coe $~le Ei$'~' 9 san.#ta~ eewe~ 6j 9~eR1 ___ ___r____ __ ______..._______ ..____. r .n .,_ __^ .l ~....._ -_ ,~ /~ /~~) (NOT USED) ^•y - -uetien rahaEeve~ en the~~e}ees, -~-- ^L-„ -.a^- ..l l^ ..lJ .-.F }L... }L.n} i}l~i~14~ °f -~ P~ePase~=PPig^,~~==-s }--o~J t'n~gre}eet and ~6eneeae6e~=s~11^ s~ey €he~,~ae€ _, ...a L....: .. -, ,,. ..F ..L _ ..a ,.}°..}i r,,:f--~s°€3 ~~.tiii6 _,., :..^ F~ rn9=PiPelines~:~ ieh-Pa-rallel~nd awe within Een €eet "moo=,~€ cF aSC F L... } ..L-.ll ..a ..:a P~egss~PiPaliaes•-c>=-~.~-pr~~ee 6eat~aete~ e~f€i~rg--pigelines~«.-magi F lnn F^,.} n n ,..a n,.~}......}~„- ..L..ll ........,... }L.. L....: .. _l ..a ..l l.. ~.}i.. .~F :a ~.ll°l _ °l_;a _..} -.... ».......-....... ....~-...... -..~ ....... ...-..-~....~ ___~____._ _- ____ r_______ F_F _______ __ Onn F..^} f......}.......4^.. .. L. ~.ll •L-~ ..4 .n ri ..lnm:}_i} 1-.. }h° !~i }i~_Fa-- n~ ..-._... .....~ ...... . .... ........ L.r.^..rr~~ r .mot ~ -. ~~_... OFF i~ieaE~~ t-ke-oane~-o€---P4g~i#~s~*eava6ed and s~xt've}ed, as~e~€~s-~ aPP-t~iiin.a ce s€a-~re~t €he~ee£, di s~anee €e ~3~e-pavement ee~rte~r~4ne and l ...... } F }h .. C ..t 1 .~.~ -__.~___.__ __ _.._ __r __ _._____~~ F_F ________ Section A - SP (Revised 9/18/00) Page 18 of 20 A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP 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" (6/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts". B-B-li 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 claimsor causes of action against the Contractor or any other individual or entity." Section A - SP (Revised 9/18/00) Page 19 of 20 SUBMITTAL TRANSMITTAL FORM PROJECT: OWNSR: ENGINEER: CGS ~ aAi:TOR: SUBMITTAL DATE: APPLICABLE SPEf OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 9/18/00) Page 20 of 20 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ THIS AGREE[~NT 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 A & R Demolition termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $140,250.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008 PROJECT NO. 8640 (TOTAL BASE BID: $140,250.00) 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 P R O P O S A L ONSWTP Demolition of Chemical Feed Place: System (Overhead Storage Tanks 2008-Project No. 8640 Date: 9/23/08 Proposal of A & R Demolition a Corporation organized and existing under the laws of the State of ,•S7 a Partnership or Individual doing business as A & R Demolition TO: The City of Corpua Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ONSWTP DEMOLITION OF CHEMICAL FSSD SYSTEM (OVERHEAD 3TORAGB TANRS) 2008 - PROJECT NO. 6640 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Complete removal of four steel chemical feed system overhead storage tanks and associated piping and structural steel platforms, closure of roof openings, modifications to existing structures and new roofing as indicated on the project drawings and documents. TOTAL BASE BID: $ 140,250.00 Proposal Forth Page 2 of 5 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 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. ATTES Cit Secretary CITY Off~j~C~ORPUS CARISTI By: ~1 ,r~~ Oscar Martinez, Ass stant City Manager APPROVED AS TO LEGAL FORM: i Asst. City Attorney ST: (If C oration) ~ ~~' ( d Below) r (Note: If Per-n signing for corporation is not President, attach copy of authorization to sign) By: `%~~~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR A 6 D olition By: 11, Title: /"t~fi^~w 13201 FM 812 (Address) Del Valle, TX 78617 (City) (State)(ZIP) 512/243-2913 * 512/243-2990 (Phone) (Fax) ~v enur~ci~....1.~1.~..'~.~..°. SfC£f;ARY Agreement Page 2 of 2 P R O P O S A L F O R M F O R ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2008 - PROJECT NO. 8640 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 5 P R O P O S A L ONSWTP Demolition of Chemical Feed Place; System (Overhead Storage Tanks 2008-Project No. 8640 Date: 9/23/08 Proposal of A & R Demolition a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as A & R Demolition TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGB TANKS) 2008 - PROJECT NO. 8640 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Complete removal of four steel chemical feed system overhead storage tanks and associated piping and structural steel platforms, closure of roof openings, modifications to existing structures and new roofing as indicated on the project drawings and documents. TOTAL BASE BID: $ 140,250.00 Proposal Form Page 2 of 5 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 5~ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sete 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 Forty Five (45) Calendar Days from the date designated by a Work order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): 1 (SEAL - IF BIDDER IS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name: Matt Kappmeyer 13201 FMS812 URE) Address: P.O. Box) (Street) Del Valle, TX 78617 (City) (State) (Zip) Telephone: 512-243-2913 Proposal Form Page 3 of 5 (Revised August 2000) P E R F O R M A N C E 3 0 td D BOND N0. F20627 STATE OF TEXAS COUNTY OF NUECES y XVOW ALL BY THESE PRESEN".'S: THAT A 6 R Demolition c' TRAVIS Count;•, '. _.._., hereinaiteL called "E'ri_ncipal", and ACSTAR INSURANCE COMPANY ,Y-_ corpor.atior: organized und_'r the la•.a< ?_ *_h'~ ~Cat~~ of ILLINOIS and duly allti:vlzed k'O dJ (IUSIri~SS in the $t 11;2. ..I i'r-?:dS, hereinafter called 'Suraty", are held ad z'irrly .'ou,... ....._ -.,-- i;.i ty of CGrpus Chrl St 1, a °!UI;1Cipal C~a: C:l rig 1. '_~,:?I of ,1'. U.gCfi~ ~.. ,... _ TeX3a, h2rc~i.nnfter Called "Clty", i.n :ti C'- C3~_'f.,':l Sam of ONE HU?7DRF.D FORTY THOUSAND, TWO HUNDRED FIFTY AND NO/100 ($140,250.00) ;:Ci_L1,~:", lawful Incney Df the Unite-.d States, ,. .. br_- ;aid in ,d~~ec~~ Ce•.;:.t. Ta,v, r.S, fCr th•? pd yroent Of W)i1Ch Slim 'n'21l acid tY'U l'}r LG k!e: ('i:'7 ~:: .._ kind OUrSG-1V85, G?LL P@11"$, FXE:CuT,GYS, ad:TIYP?SCrci.:7Y5 :_.'._~ 5 t1CCe SSOrS, JG].nL ly alld ce'Jeral ly, f1 L[ri .i.}' h,y tfui E' prC Sen LS: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: 4v`?r>rr~a-, ~:•i<. prir.aip,~I. entered into a carl:ain r_.,r.t,:..*_ n: i. '.?Y .she C_e.y of ..r ;u=. Christi, dated tt:e. 9TH Gf DECEMBER 20 08 , d Co~i`j E; a:iiiC!":, '._ here t!: alto Ci',Ed and ma(ie d part }le l'ECT:f, r,L !: t'ie c:0^,St ri:C C.l ~, ri .ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) 2009 PRO.TECT'NO. $640 (TOTAL SASE BID: $140,250.00) NOW, THEREFORE, ii *_he principal shall fai*,;hfui3y pe;€cL;,. s;._. wGrk ;. r, accordance wi'~h the plans, specifi.Gations ar,~ _:..__~. doc:metas, including any E:hanges, eKtc.nsiq;~=, ^, r. gnarar,t.e•, ~::Ci _.. the principal shall repair and/or rcpl.ac~~ all defects du^ -.. ;-::,:._;: ;materials andlGr wort.*nanship khat appear v;iti'ii;; a peri%;d r,>f <:r.~, .. gear from the date of CGImpletlC?n and aCE e?Xt T, a!'1 ^E_> Qf 1':ipr... ':iiEiiL- + the City, then t)ils rbllgatxGn Shall i_ ~.~~~: ~•_f....'..asr. __' _.T.;. in full force anei effect. ~: r: PROVIDED FURTHER, that ii anv legal acti~:n t:•_. `il~,.. h_., bond, o=nee s};all Zie i:: tdueces Connt}=, 'Fe::as. ?~^d chat said sure::'} for vali,e rre;,.-~ r:ereby _'~i~_:_-*e ~..._. nG Cna^Qi, ~'Y. :. f?ilSlJr1 Cf ta.ml, d:':G1a,~1C li ..._ a C. i!., ' ._.. ~,._ cf the GOnt La:i, Or LO i:ie work r.8 rfc"!'te7 L}iE'Ir.Jr,QFir, .. t^'.r _. , specif.icati-c,ris~, draw.inos, ex.c:, arc,:mz~ar._,•it:g ttie .,..me ._..-.. _.. snywise azfeet. its okaigation on this ;end, ar.d __ ~_,:~ t',er_:p waise notice of any such change, extc-nsior: •~f tire, r.lteLati:_:: ._ addl.*_iort to the terms of the contract, ~r to ri;-, t.,cr2 ,, _~ oerfcrmed ther.sunder. ?exfcrn:ar,ce 3ond Eaar 3 t>f BOND N0. F20627 1~tiS v •.ril:i'l'$. br!"~[-'i 7.5 :)-'+ :. W.- C1Ci~: +i i.a `_..r~ _.. .^..8"i. CII _' ..- _l e:"~I;~c :_:.f r;rti ~yb `'if fi, %l. n~ ... 1C;iL c `ci...LL- y ., Tt:~ ;ii-;d..rS~ ^~ri rg~r;~ _. hers=.L•_; des;.=;ate:1 by th~_ Sure.:y e kr°n, t. i:i, :~; i c-•s ,u _ ~ to w"e:~ a:~y r.wcuisite fioti<=`-'s m:.y ba del;'; e._-~~ arid. cn w':-:am service cc crocess may' be h,~:i _:; maters ar.isia, ~,... or sur_~: suretys!7ip, s pzo.ld_.. b~- ;rt. ;,iy-I, V~rro~'s .gas ~rs.:r.er.ce Code IN WITNESS WftE.~C1F, this ir:strumer._ i5 ::::ac. ed ~~. 4_ . yes, °aC7) O^''~ Gc W171 Ch .: ;~;~' 1 f", ~:'e2'f e,. n;s C'li'{.Ilal, C.^..15 .-:,? 21 $'f day of JANUARY %'~ Q9 PRINCIPAL A_& R EMO ITIQN ____.._, -- :fir . ---- ------.-. SU~+T~ AG~TAR NS AR_,N~~.~OMpANY Henr W. Nozko Jr. President The Resident Agent of the Surety in N_ueces County, Texas, for deSivesy of notice and service of process is: Agency: Contact Person: Address: Phone Number: Frontier Adiusters of Corpus Christi John M. Barron 3230 Reid Drive - Suite E Corpus Christi, TX 78463 877 852 3855 tNP^t: ,^.~3 to o! rr^c rfc. rnr.r[+-c Bard must aet i;e ~~:~iar en di.e oP ecr erarCl f4av?sed .'4n! P A Y M E N T B O N D BOND N0. F20627 STATE OF TEXAS r3 hZ•TOW ALL fiY THESE PRESENTS: COUNTY OF NUECES § THAT A S R Demolition of TRAVIS Cou:a,i, '?'ex~s, hereinafter called "Princieal", and__ACSTAR INSU~Al•]CE C.0?~PAIDC~` ~i r t1Rd~:! Ch% laWS ai ~1.p Cta to G~__1ld+INQIS____r a corpora~_c.t orti~n.zed drlCi drily' aiJ t)?Ur 1Ted tG d: '.3151. CI C-S a' 1i-! r :~_ ~ta t~• CAL. ;~;iu5, i 3 a~-= geld an-! i-3::_y bonr:d un~c t''r~ hereinafter cal_ec "Su=ec'i°, -~ -' Y 1'1, ;., Clt" cf rOYpllS C}:}-.i_Cti, a ,T,i.ln~;':.pal COi-FOrcCi ~~. C:L ^i:.i°~^_e5 ~~O'::;1ty, Texas, hereinafter called t...ty" ar.~~i un*_o dpi u~_rscns, *~r.ms :and corporations supplying labor and materials i.n crosectltion c]` r.he work. referred to in the attached contras*_, .i;: t'r.e penal su:^ of ONE HUNDRED FOR,1,Y THOUSAND TWO HUNDRED FIFTY AND NO/100($140,250.00) DOLLAI~S, lawful maney of the United States, to be paid i:: Pleases County, Texas, for the payment of which sum we 11 and trLly to i» made we bind ourselves, our heirs, exectaors, administrators and successors, jointly and severally, firmly by thes=: presents: THE CONDITION OF 'PHIS OBLIGATION IS SUCH THAT: rJ!~ereas, the principal `entered into a certain contract with the City of Cor!;as Christi, dated the 9TH day DECEMBER 20 OB a copy ~~= wiliC:i is heretU dttd Ched and made a p'rt he r+=Uf, fOr t+?,- C<tnSt rilCtl./TI f is ' ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERFIEAD STORAGE TANKS) 2008 PROJECT NO. 8640 (TOTAL SASE BID: $140,250.00) NOW, TIiEREE`ORE, i.f the c*_-i.ncipal shall faic.h~ully cedorm i.ts ' romct J3~lm~.nt LC ali _~G-"*.> c., t] 'i^, duties and mare p 1 - Y CO r'Ora ~10n5 ditd Cldimant.'- LJ11-v1 ~J _ ~ - ~n subcortrac_ors, d material ir: thF' grUS2CUt=Url Of Lhe WCI ti ~_.~. iCi_l~i i Cr -.:• 571 Contract and any and all duly authorized mcd~ticar.icn ~~.` saT GOnt raft i:!lat may herel.narter be made, not ic:_ rl which mOd?z'i;: t zon to the surety is hereby espras'siy Waived, then this oUli~atior: shall be void; otherwise tc remain i.n fi111 €~~rce ar;d effect. PROVIDED FURTHER, L-hdt i[ any legal ~cticn Ue filed uccn t!'i:s pond, venue shall lie in D1~leces Count}•, Texas. And that. said SUYety fOr Vdil:e reCeiVP_d !:ereby 5tipllla te5 that. no c ange, eXtCRSiOIl O. iSmr_, c.lterdt7,Un CT eddition .c ~::e term: h of the contract, or to the ,:ork pe:r;.orm~-d *_iiereunder, er the F`lula, e;:c, accc.~^=:'.'n the sake s!iall 1n specifications, drawings, e-~•'-'• 9 anywise affect its obligation ^n this i~onc, and iC do•_•s hel-eh.r waive notice of any su•^h chal.ge• exten~;an o:: time, a~.`~ration r,,~ addition to the terms of the contract, or to the saerk t:o U:= nerEcrmed t::lereunder.- 2a finez:~t 3en BOND N0. F20627 • _ :,..: rta wiTr~ss wxF..REOr, ~ : , ~ ,: .::...h as o% v.h.trh shalt ~.- ~ ;: .: ~_.. _~. r 21st ci., of ---JANUARY T, z0 09---~ PRINCIPAL A & EMOL TION „ „ ~P f.u- ~ 1~1w~-c, ~v!_ ____ ~__.__._._.-_---_.__._ ____ r~; .. 2~TTEST = 1~~ti~~__ _ - - . -~,- -- ~-9P -- _ SURETY AG$T~1]t_ZNSUR,ANGE._GOMPANS(_____,_, _.__.__ ___,. .. ' ~y • _~~~ .__ . __. ~ ____ _ -- /~ ~ ! Henrv W. Nozko_,_Jr_,_ President _ __ The Resident Agent of the Surety i.r ?+~~teces County, 4'exas, tr~r nelivery of notice and service of _coce=.- is: Agency: Fron ier Adjusters of Corpus Christi Contact Person: John M. Barron ~_ _ Address: 3230 Reid Drive - Suite E _ Corpus Christi, TX _78463 _ Phone Ntunber: 877-852-3855~~tl~~~ ~I~S,rAI't No. zsasl ~r_~ POWER OF ATTORNEY ~~ INSURANCE COMPANY 233 MAINSTREEr•PO.BO%23W•NEWBRITAIN.CT06Q50-2350•IB60)2242e00 Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the Ci[y of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on November 24, 2008, to wit: RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: 111 That the Chairman, the President, any Vice President and General Counsel, or any Attorney-in-fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. 121 Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. 131 The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. 14) Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or record of the Company necessary to^the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR. HENRY W. NOZK0,111, ROBERT ~H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER each individually, its true and lawful Attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS (510,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, have hereunto subscribed their names and affixed the corporate seal oT the ACSTAR INSURANCE COMPANY this 21"day of January 2009. ACSTAR Insurance Company by ry W. Nozko, Jr., President STATE OF CONNECTICUT 1 1 ss. NEW BRITAIN COUNTY OF HARTFORD 1 On this 21" day of January A.D. 2009, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of the ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said rorpdration, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. /~ _ ~~ n1 ,l.L4tRJ 0. . ~"~' Notary Public »,y Oo mrncsgtun E'-x,p~reS tt•3o-a.ot3 I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this el-~ ~tday of 5s~~,~Cj_,a OCq ~~~•/y"y ,~/ Henry W. Nozko,lll/Michael P. Cifone Secretary !Assistant Secretary P E R F O R M A N C E B O N D STATE OF TERAS § COUNTY OF NUECES $ KNOW ALL BY THESE PRESENTS: THAT A 6 R Demolition of TRAVIS County, Texas, hereinafter called "Principal", and ~ a corporation organized under the laws of the State of , 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 ONE HUNDRED FORTY THOUSAND TWO HUNDRED FIFTY AND NO/100 ($140,250.00) 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: TAE 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: ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERBEAR STORAGE TANKS) 2008 PROJECT NO. 8640 (TOTAL BASE BID: $140,250.00) 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 day of 20 By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety is Nuecea County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (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 STATE OF TEXAS $ COUNTY OF NUECES ~ IQiOW ALL BY THESE PRESENTS: THAT A 6 R Demolition of TRAVIS County, Texas, hereinafter called "Principal", and a corporation organized under the laws of the State of , 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 ONE HUNDRED FORTY THOUSAND, TWO HUNDRED FIFTY AND NO/100($140,250.00) 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 day DECEMBER 20 OS a copy of which is hereto attached and made a part hereof, for the construction of: ONSWTP DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANfCS) 2008 PROJECT NO. 8640 (TOTAL BASE BID: $140,250.00) 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 day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: ' Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 g~~ CERTIFICATE OF DATE (MAUDD/YYYV) LIABILITY INSURANCE ,, ~ olds/zoo9 PRODUCER (512) 338-1191 FAX (512) 338-1196 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Whorton Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11200 Jollyvil le Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Austin, TX 78759 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Allstate Services, Ltd DBA~/ INSURER A: Liberty Surplus Ins., Corp. DBA: ABit Demolition / VVV INSURER e: Southern County Mutual Ins., Co. 13201 FM 812 INBURERC: Liberty International Underwrite s Del Valle, TX 78617 INSURER D: American Inter Ins (Amerisafe) INSURER E: 1 nt YULIUIt~ UH IrvSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING . ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR OD' rypE OF NATUR NCE POLICY NUMBER POLICY EFFECTWE POLICY E%%MTION LIMR S GENERAL LueurrY DGL DA212220018 10/04/2008 10/04/2009 EACH OCCURRENCE a 1 OOO 00 X COMMERCIAL GENERAL LIABILITY / DAMAGE TOREMED $ SO OO CLAIMS MADE ~ OCCUR V MED E%P (An y one parson) s Exclude A PERSONALBADVINJURV S 1 000 OO X S1O 000 Ded , , . GENERAL AGGREGATE S 2 000 00 OEN'L AGGREGATE LIMIT APPLIES PER' ~ PRODUCTS-COMP/OP AGG , , $ 2,000,00 POLICY X JE CT LOC AUT OMOBILE LIABILITY / STC574451-01 lO/O4/2008 lO/O4/2009 Y/ COMBINED SINGLE LIMIT $ ANY AUTO (Ea accitlenD 1 r OOO, OO X ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY P $ B ( ar person) X HIRED AUTOS BODILY INJURY $ NON-OW NEO AUTOS (Per accitlenl) PROPERTY DAMAGE $ (Per eccidenl) GARAGE LIABILRY AUTO ONLY- EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELU DABILRY LQ1871211743018 10/04/2008 10/04/2009 EACH OCCURRENCE $ 5,000 00 X OCCUR ~ CLAIMS MADE / AGGREGATE $ 5 r QOO r OO $ DEDUCTIBLE a X RETENTION $ lO,OO $ WORKERS COMPENSATION AND / EMPLOYERS' LIABILRY TVWCTX1721862008 06/07/2008 06/07/2009 X WC STATU- OTH- V ANY PROPRIETOR/PARTNER/E%ECUTIVE - E.L. EACH ACCIDENT $ 1, OQO, OO OFFICER/MEMBER E%CLUDED? If yes describe antler ~ E.L. DISEASE-EA EMPLOYE $ 1,000 OO , SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1 OOO OO OTHEP DESCRIPTION OF OPERATIONS /LOCATIONS / VE LES / EKCLUSIONS ADDED BV ENDDRSEMENT / SPP€~CUIL PROVISKNi4 roject: Jobf 08-964 Demo o~Chemical Feed System-City of Corpus Christi. e Ciiy of Corpus Christi is included on the general liability (see attached endorsements). The ity of Corpus Christi is named an additional insured for auto liability. City of Corpus Attn: Contract P.O. Box 9277 Corpus Christi, Christi Engineering Services Administrator TX 78469 SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EK%RATKIN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~3O DAYSWRRTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT, BUT FAILURE TO MAIL SUCH NOTICE SNALL MPOSE NO OBLIGATION OR LIABILRV DF ANY KND DPDN THE INSURER. DS eDEUr4 nB BFDwonFNTenvae 7°"' li~ v wcDRD 25 (2001/08) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007/06) LSI. Cnrl,oratiru, Comt>nercial General Liability IY"Y'~„rF" N..aMV,~ LIBERTY SURPLUS INSURANCE CORPORATION (:11M'r11~T r,f tJbLtif A11Wd <inalr iMl 11rrtv1c6er'11n t}unPam~~{ ENDORSEMENT N0.3 ERatiNC Dace: lU/4/2U(1S Pokey Nuceber. DGI.OA2122~(1lA Issued To: _1llstate iervices, I,rJ. Jlsa :l l4RDecn dirnm THIS ENDORSEAfE1\T CfiwNGES THE AOLICY. PLEASE READ [T CAREFULLY. ADDITIONAL lNSUREp-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS tic:FIP_DUI.2 Name of Person or Oryanaation: ~ ~~> Rlanke~ ;1s 14yuinv[ Rc R'rinen Gnuraet / Location and Description of Compkted Openrions: V Ulankca .~s liryuu~d Ih• \C'tincn Gmtran Additioool Premium Qf nu rntn• appran alnnr, inG amrtLm rryuired u. ctm>iflcic this enJ.ezcmeni will Iw• shown in dx D~•darati+un a. anplieahle n. this rrwh.rscrneru.) Section lI -Who is as lneured i. uncrxleJ t<, itrcluJc as an inwucd the fNam. m w .uganiaarinn slurwn to dx SeiuJuk, but ~ mM with aspny to lialtilin• arising uW ~.f "wa:r wnrh" at tIK h.cnti.m JesignateJ oral dacd]ud >n thr tiehrJuk .,f this rntlotsement perfirmnvl fi ~r rhat irtmurrJ sod included in rhr "prvduns•nmyskrcd u~><rarkms hazard". CGL 1038 110.1 LSI. l:orpr+ratin,+ Commercial Geaezal Liability ,.M.,.,fa..• ~,...,..,• LIBERTY SURPLUS INSURANCE CORPORATION (.1 ramd,er of 154•m' stam$r,n•ar and hu,+irnficr'Yhc Y,anpanc•~ ENDORSEMENT NO.4 E17eetive Dsae lU/4/30(t8 Policy Number. DC1.DA21Z+~.0618 laaued TOV :\Ilatate k;rvie.•es, laJ. Jba A dl• R Detnnlirilm TH15 ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSES OR CONTRACTORS SCHEDULED PERSON OR ORf.ANIZATION srlar.•.DUIE Ba Narne of Petaoo or O rnaatinn: , Rlalek,a As I{aapdrrtl Ry 1C'rinen C„Werner ° (If nn rntR appasra ab„cc, inf•.rnudm nyuind n, um+pk n this crxlrrcscmcnr viii 6e shuaRl in 16r tkdarariun, as apptical+k• n. this anJ•mv~[nnrj A. Section [l - Wbn it An Imurod is an]enrk•J 1., inJellk an an ms~t+l e1n prfyim „r otytarlttatic4l slx,vn in the tichcJeJe, bur ~ntly Wirk1 respr•cr u+ Gxlxlin• arisiral; our ed ~+,ur.n+y,+,irµ 1K+e[ati+wa ixrf +muvl for rhnt ituurrJ. fy. \Crirh resptct n+ tin insurance affnrJeJ n, these aia]ifi.,nal utsunJs, nc~ fi+lk,uvty; exeklxu,n is aJJeJ: 2. Exelueiona TI»s utsuranre Jens nor apple u, "6t,Jih• injuri' ,x "pn,(xm• Jaoay,~r" rrcttvrilty; aGrr: (1) :\11 work, irx:luJinK matrrialt, parrs ,.r eyrupmcrn hunitheJ in ee ulnee[am ci[h x1x:h u•, rck, nn rht p[njrct (~Nhrt thin VenirY, mainlrnanee ~,r re(mits) b, hr perfe+m+rJ by e¢ nt1 behalf .,f rhr aJJiriexu! irnwreJ(s) at nc~ site „f the a>rm.•J r,penuie,ns hax la:rn axrlpltrcJ; ro (2) 'i7a1 yx+gion „f'•yrwr work" .+w of rhic}1 tl+e injnn• e,r clanlayyc arises Itas Ixcn put u, its inrcnJrJ uce by wy patsrio ,a „rytanirati+m edhrr than an,+ther aauncu,r,o aulxYattraemr rttgy,rJ m prrftmttirq; , prnno+ss fur a prir+cipal as a pan „f the zamr Inojrcr. ~~ CGI. 11137 l 1f+3 LSI. Co>nn>mere.`I81 Genei8l .LLBa~~ w.o~. u.m nw.nrn.p LIBERTY SURPLUS INSURANCE CORPORATION (.L n,nnlwK.J 1),am• Nr.ta~ I:rr,yl. awl knmafier'Yk 1',ay,aar'~ ENDORSEMENT NO. 13 Effective bme: 11)/+/SOON AoGcy Number. bGII),i212_'200[R Issued To: a\Rvtatc ticrvi~'x, LtJ. S!n :\ K R ikmeditir.n THIS ENDORSEMENT CHANGES Ty1E POLICY. PLEASE READ 1T CARSPULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AG A INST OTHERS TO US i[ is }n rrln• ai(rerd th+l tictthm IF, item 8. •frnnafn of Riy,~irts t.( Rnvnen-.i~insr t hhus Irr Ur• is nr>alifinl s. Cnl4 ra•g: SCHEDULE ///////r / ,/ Natne of Peratw or Organization: / / /tJ ~"j;~'-~- $lankrr.as krytrircJ liy~ \C'rittcnCrm[ract. i' (I(n.. rnm• sl+rvart ahtnt•, infirr[mirpm [ryaitcJ n, armplclr thin cnJr,rect,~u ~.iR lx• shrnvn in thr C1t;l:brarit~n.. as a(ytlialJr a, this r[ttlrxxentcnt.) 7•hc T!G\\'S<:I:R 1)1: R1CI•pS Utt RL'CU\'F_Rl':1GJ\i\S'1't tI't1El(S I'n (;,ti C.mtlidun (.4cam 1\'_ ft [~[d1ERCl:1t. GFJ.FRr\l. ~T:\BIl.1'1'!' CI tNl>I'P[t y~'ti) i. xrrkntkJ tn• [he adJrryn „(rhr f dLraing: 1\'c xvnr xnr rq;hl r d mern~rn• u•r tnac havc ryytins[ the penrnt nr r,rganrzarirm ehuwm in the \chnlulc aMn•e Ixcausr of (nl•mrn[s ar Itultr• ha injun ,.r JalnaKr ari:i[y; t,ut r.f yamr nn);~,inl; r,rrrati~mt t.r "YnYt a+nflt" Jrnx• unJrr a uautact ~vit6 that sxrwtu .,r , nlanirati.nt. This w ~tivu aprl(rs „dg to tltc (~m m r,e r,cµanivmdnt akanen in tht tikberltdr a4 nr. ~~ C_GL In?50103 Cornmerdal Geassal Liability LSI. Lt)rtMN1. 1NNI FM~'~~~Iw, o.wn~~.y, LIBERTY SURPLUS INSURANCE CORPORATION (:1 un+u6er ad la'Mn Aiaml tv,.yr aM laniruhw'iM r"'n7'+^17 ENDORSEMENT NO. T I Elkcrive Date: 1 U/4/?U08 - PolieyNumber: DCL1)A212?'s(IplB Issued Ta. .j4+rnrc lervicet, Lnl. d1s.4 A• It Drmtditinn THI9 ENDORSEMEIr'T CHANGES THE POLICY: PLEASE READ fT GREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMEII'T "F.. the a:tent that rhix inw~anec i. aR~ rcalr[1 n. ynr yJditi~mnl insurctl ttndrr thr Iyalin•, satrh irtsurnsrr shnll'I'SJT as pcutnn~ ntu! tau amttibwitryt xtith anc insuatnr cnrrirJ ln~ such yJJit6 and incureJ, as rcyuiraJ 6c u7istCn nmtraa. ~~NhUI~ Nereus nmtatilcJ %hn0 hr hrlJ rtl Wnfl'C. a9fs', slur ..r eatctxl mr nmali~inn to Pnn+siem of the It' dirt' ~a3tcr tkm ns ub~wa• !ctateJ. `Y^' ~1~TN~Y`'° F~, r~ CC;L 1n31 Da03 LSI. Curprxatiun COnlttl!!2'C~ CseAll~ ~ib~lt~I ~••ywMn..+,~ LIBERTY SURPLUS INSURANCE CORPORATION (d nx~l,erd IiDrlr 115,nu3 t K~~up mi Len:,q(6s `,iw t:,rr,~aT^I Pofiry Number. llG1DA3I:3?U018 Named Iasuced: 'Jlxta+r ~rzvicer, LrJ. dln A tk R I'kmditHm /> DECLARATION EXTENSION SCHEDULE W/~~~ 4F,r,lYlr u(f.,rmx and ~n•4m,emarols snaehrJ a+ lsauance ,h1rc: Numbv Nrme Ftmn Numbv Cu+snncrewl Gcnm,l Li.bitin• (Ckcurrencr) CG UO 0107 98 G:m1a,m ArJiee Cuntliru,n. CGL It106 UIl13 1 PrclnaanGm>tlfuati~m CGLl014U506 r\Jdiri,.+al Iiltchrxi„rp F~1Jr,n;emrn+ CGL I f A7 0705 3 .Adefiti,u,alln.<um!-t.hvnetx, Lcxeert au Cuntraeton-GnnAletrd (fAernrMms CGL1(ISB IIU3 4 AJJiti,mallnrurad-Olcncrx,Lt•reces,aC•mtroarrta CGLIU371I03 3 :1mm~Jm,-nt _ \\°ar (.ial,itin L'~clucinn CGL 1039 I?03 6 Datlurnbk CGL IW19 u103 7 Fscluxi,m _ Uesi~utcd FinUlicr CGL I11N; 0103 tl f..xehlaiun-)nint\'rnmrrx CC;).11150[U3 9 F_tcludryl - Uexiklla+eJ t 11,eruinnx Gnercd b}• n Ctmrolirln+rd CC:L 1131 0103 t1\'^P UA) Ina,vanee PR,keem 10 ()rxigtwird [~,aaruairn 1'ngecl C;mcr1J A~,•rrfpra (I'ulig Aµrclyte) CGF. IOII 0103 1 I Primarg lmwrann Clauxe CGL 1031 UaD3 t_ iMriil C.nmlitiurlx fur ~ubc„nlraetuts Ealorxemrnt CGI. IU3'F OSOGa 13 tP-,Jva „f Traaafv of kigMx CGL 1035 01/13 14 Fsduxi~,n - kn8d,.•ntial G,roatncri~ m CC:L 11'_7 11106 IS L•xcl+ny:m-CnlaSuit.(,~mnnllnxurrtl) CGLIlUS.{100a ]!, Excluxi,.n _Gmcractt,ra An,fccKanml l~alaLh• CGL 1104 U1U) 17 Diacl,~tac -7crrv,rivm kink Inxurna:r rot TRL{ \O1Wo3U8 18 •L""'xcluzi,xr,dCenifieJ:\asafTrm,ri,:re [G TI'+30108 19 :\rnraJmatu -Uutie> m tha• Evrn+ of an (Icnlrrencr, l:lairt+,7 quit CC:L 1311 IOU7 ?t1 httice ,.f tiuit CLusa• -Tr!cax ti(r9 r)/117) Gl, 5000 TE 99 OtB (Ed. 3-92) ADDITIONALINSURED This endorsement modes insurance provided under the following: / BUSINESS AUTO COVERAGE FORM G ARAG E COVERAG E FO RM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 01!16/2009 STC574S51-O1 Named Insured / Countersigned by A d R DEMOLITION (Authorized Represenletive) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. CITY OF CORPDS CY.RISTI ENGINEERi NG SERVICES; P O BOX 92 i7 CORFUS CHFI STI 7X '6469 (Enter Nam a and Addross of Additional lasured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom LiabilRy Coverage is afforded under this policy. The addttlonal insured is not required tc pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be peld to you. You era authorized to act for the addtional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, wa will give ten days not'~ce to the addtional insured. The additional insured will retain any right of recovery as a claimant under this policy. ~~~ .f 6~ CA 719 (392) TE 9901 B {Ed.3.921 Prescdbed bythe Texas Sate Board of Insurance Page 1 of 1 T NS;[FF. C; LSI. G>rprrration /Commercial General Liability ~.,.~~~.,"'~'.',r,,,,.,~r,µ,`. LIBERTY SURPLUS INSURANCE CORPORATION (A member of libery tduaal Group and hveinafter'4he Compmy") E\'DORSEMENT N0.21 Effoctive Date: 1/16/2009 Policy Number. DGLDA212220018 Issued T« Allstate Services, Ltd. THlS ENDORSEMENT CHANGES THE POLICI'. PLEASE READ IT CAREFULLY. ~~~NDATORI' E:~°DORSEME.\'T T7tia endorsement modi5es insurance provided under the following /It ri hereby undetsnood and agreed that 3D day notice of cancellation is applicable to the fdlowing City of Corpus Christi Enginceang Sen~ces P. O. Box 9277 Corpuv Christi, TX 78469 ~w CGL 1018 0701 TE 02 02A (Ed. 3-92) CANCELLATION PROVISION ORCOVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the folbwing: B USIN ESS AUTO CO VERAG E FO RM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated bebw. Endorsement Effective Policy No. / 01/16/2009 STC579951-01 Named Insured Countersigned By A S R DEMOLITION _- (NllnOnietl Repretefltabve{ 3 0 / days before this policy is cancelled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: CITY ~F CORPUS CHRISTI ENGINEERING SERVICES _ _ P O ROX 9277 CORPUS CHRISTI TX 78469 (Enter Name and Address) .! CA 640 (392) TE 02 OZA (Ed. 3-82) - Prescribed by the Texas Stale Bosrtl of Insurance Pape 1 of 1 'T; Rr.F ~. P, Endorsement No: 6 iE 99 04A (Ed. 3.92) GENERAL CHANGE ENDORSEMENT This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. G1/16/20D9 STC579951-01 Named Insured Countersigned by A i R DEMOLITION (w[n Cnzea ReprebEr110IrvCJ Thlsendorsement modifies insurance provided under the following: This endorsement changes the policy in the following particulars: IN CONSIDERATION OF NO ADDITIONAL PREMI VM, IT IS 9EREBY AGREED AND UNDERSTOOD 7HAT THE FOLLOWING FOP.MS AP.E ADDED AS LISTED BELOW AND ATTACHED. TE0202 CANCELLATION PROM SI DN OR COVERAGE CHANGE ENDORSEMENT TE 5901B ADDITIONAL INSURED (NO CHARGE MAXIMUM CHARGE REACHED) PCLICY EFF: iD/09/2008 P/R FACTOR = .715 RBK 1/19/C9 ,~~.. CA 777 (392) TE 9B 04A (Ed. 392) Prescribed by the Texas State Board of Insurance Page 1 of 1 ~ it<57-R r.7 1NORKERS WI~ENSATION AND EMPLOYERS LIABILITY INSURANCE POL1C1f WC 89 D6 00 B Effective August 1,1998 TEXAS POLICY INFORMATION PAGE ENDORSEMENT This endorsement changes the policy to which tt is attached effective on the Inception date of the policy unless a different date is incNCated below. ('rhs lolowing'atredinp douse' reed be oorrptrw a,y when ttic andorswnant k iswed subsequent b pralwtttlon or s>apalicy.) This endorsement, effective on Ot /17/2009 at 12:01 A.M. standard time, tones a part of (Dotal Policy No.TVWCTX7721862008 ~ Endorsement# 2 ~ fife Ametfcan MFeret~e Ins. Co. of Texas -27245 `-' Issued to ALLSTATE SERVICES, LTD DBA A & R DEMOLffION, INC / Policy Effective 06/0712008 to O6r07/2009 (~ (~) AuAori:ed RepresentalNs The following ttem(s) ^ Insured's Name ^ Poticy Number ^ Effective Date . ^ Expiration Date ^ Insured's Melling Address ^ Experience Moddicaiion ^ Producer's Name ^ Charge in Workplace of Insured ^ insured's Legal Status ^ ttem 3.A States ^ Item 3.6. Limits ^ ttem 3.C. States ^ Item 3.D. Endorsement Numbers ® ttem 4.• Class, Rate, Other ^ Interim Adjrurtmem of Premium ^ Carrier Serviang Office ^ Interstatellntrastate Risk I.D. Number ^ Cartier Number Is Changed to Read: A 30 DAY NOTICE OF CANCELLATION EXCEPT FOR 10 DAYS FOR NON PAY NOW APPLIES TO THIS POLICY. ~Mnmd r:hennari Tn• Classifications Code No. Premium Basis Tota Estimated Annual Remuneration Rate Per $100 of Remuneration Estimated Annual premium Total Estimated Annual Premium Increase (Decrees Minimum Premium $ Deposit Premium $ All other terms and conditions of this policy remain unchanged.