The URL can be used to link to this page

Home My WebLink AboutC2009-092 - 1/13/2009 - Approved2009-092 M2009-001 01/13/09 F O R M S Sendero Industries S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D O F C O N T R A C T S A N D B O N D •S F O R OSO TRUNK MAIN MANHOLE REPAIR/ REPLACEMENT PHASE 3 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-1800 bgMap 4+w VitASTEWATER navearxaxr AND DEPARTMENT OF ENGINEERING SERVICES CITY OE CORPUS CHRISTI, TEXAS Phone: 361/880-3500 ~ \\\\\\\~oF"" ~f - - Fax: 361/860-3501 \\ ~rf PROJECT N0: 7386 DRAWING NO: SAN 549 \ E .'V *: * j r f.ARI F CRI III r i~°$ .. S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R OSO TRUNK MAIN MANHOLE REPAIR/ REPLACEMENT PHASE 3 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/626-1800 V~1AST~WATER DEPAETNENT AN D DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 ~~~~\~~11111ZU Fax: 361/880-3501 `~~~ tE OF r ~l// PROJECT NO: 7386 DRAWING N0: SAN 549 1~~ 5t P, ....... fkq l/~ S ~~ -~ '&.'~ '.'k .~'~: * j l .... .. ... .. ..... .... .. r CARL E. CRULL r ~ 46706 /////tlrr~Z~~lll~l ~~TO ~,~ (Revised 7/5/00) OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 PROJECT N0.7386 Table of Contents NOTICE TO BIDDERS (Revised ~/5/00) NOTICE TO CONTRACTORS - A (Revised Sept. 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised .7u1y 2ooa) Worker's Compensation Reporting Requirements For. Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 Area Access and Traffic Control - A-14 Construction Equipment Spillage and Tracking A-15 Excavation and 'Removals A-16 Disposal/Salvage of Materials __'__ ^__°_°_-° NOT USED A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification - - ^~ ^-~'-^« ^':g n.. NOT USED A-22 Minority/Minority Business Ente~^prise Participation Policy (Revised 10/9S) - ^~' "~~~^^~ NOT USED A-24 Surety«BOnds __~__ ...^ ...-.«+___ NO LONGHR APPLICABLH (6/11/98) -- A-26 Supplemental"Insurance Requirements - +~-= ~ = °^-~ ^' - NOT USED A-28 Considerations for Contract Award and Execution A-29 Contractor's-Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents - =''- -~^ _~- - NOT USED A-36 Other'Submittals (Revised-9./18/00) -..~ .....__,_,. c,..- ui.,« _..i...a s... «s... NOT USED A-38 Worker's Compensation Coverage for Building or Government Entities - -~ A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates NOT USED A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) _i.~.. ..,.~.. _a - NOT A-48 Overhead Electrical Wires (7/s/oo) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Re-Routing of Traffic During Construction A-51 Dewatering/We1lPOinting A-52 Bypass Pumping Operaions A-53 Amended "Prosecution and Progress" PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQIIIREMENTS PART S - STANDARD SPECIFICATIONS 022020 022022 022040 025205 025210 025220 025404 025412 025424 025802 027203 027205 027610 030020 032020 038000 055420 Construction Projects for USED NOT USED Excavation & Backf ill for Utilities & Sewers Trench Safety for Excavations Street Excavation Pavement Repair, Curb, Gutter, Lime Stabilization Flexible Base-Caliches Asphalts, Oils, & Emulsions Prime Coat Sidewalk and Driveway Replacement Hot Mix Asphalt Concrete Pavement Temporary Traffic Controls during Construction Vacuum Testing of Sanitary Sewer Manhole and Structures Fiberglass Manholes Televised Inspection of Conduits Portland Cement Concrete Reinforcing Steel Concrete Structures Frames, Grates, Rings and Covers LIST OF DRAWINGS 1 0001 2 G002 3 C101 4 X101 5 C102 6 C103 7 C104 8 TC101 9 TC102 10 TC103 11-22 N/A Cover Sheet/Vicinity Map/Sheet Index Legend & Symbols/Estimate Summary/ General Notes General Site Plan Existing Manhole Demolition Site Plan- Curtis Clark & Nelson (Site 1) Site Plan- / Betty Jean & Curtis Clark (Site 2) and South Staples & Curtis Clark (Site 3)(Add Alt 1.) Wastewater Flow Control Plans & Details BC (1)-03 thru BC (12)-03 & TCP (1-4)-98 Traffic Control Plan- Curtis Clark & Nelson (Site 1) Traffic Control Plan- Curtis Clark & Betty Jean (Site 2) Traffic Control Plan- Curtis Clark & South Staples (Site 3) (Add Alt 1) -~ Texas Department of Transportation Traffic Control Details 23 SD101 City of Corpus Christi Standard Details, Sheet 1 of 5 24 SD102 City of Corpus Christi Standard Details, Sheet 2 of 5 25 SD103 City of Corpus Christi Standard Details, Sheet 3 of 5 26 SD104 City of Corpus Christi Standard Details, Sheet 4 of 5 27 SD105 City of Corpus Christi Standard Details, Sheet 5 of 5 NOTICE AGREEMENT PROPOSAL/DISCLOSIIRE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS` NOTICH TO HIDDRRS Sealed proposals, addressed to the City of Corpus Christi, Texas for: OSO TRDNR MAIN MANHOLE REPAIR/ REPLACEMENT PHASE 3, PROJHCT NO. 7386; consists of Base Bid: Site 1-Curtis Clark and Nelson - Replacement of one special brick and concrete manhole and one standard manhole Site 2-Curtis Clark and Betty Jean - Replacement of one special brick and concrete manhole and one standard manhole Additive Alternate 1: Site 3-Curtis Clark and S. Staples - Replacement of one special brick and concrete manhole including all appurtenances and associated work 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, Sevtember 10, 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 a m Wednesday, Seotember 03, 2008 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 57; 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 Sg 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. ao/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/ Angel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised '//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 olCancellation 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. Undergound Hazard 5. Products/ Completed Operations 6. Hazard 7. Contractuallnsurance 8. Broad Fonn Property Damage 9. Independent Contractors 10. Personallnjury - 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 LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ^ REQUIRED Not limited to sudden & accidental discharge; to include Q NOT REQUIRED long-tern environmental impact for the disposal of contaminants BUILDERS' RISK See Section B•6-I 1 and Supplemental Insurance Requvements ^ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED NOT REQUIRED Page I of 2 OThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. OThe name 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 [o the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material . _ change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-I 1 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. SGould you Dave any ques!lans regarding insurance requlremeuLS, please contact tke Contract Adnriaislrator a! 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENT S Page 1 of 1 ] Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority [o 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 or construction--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 carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for agovernmental 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 carcier 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 [his 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 curcent 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 cuttent certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for [he duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they aze contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any . coverage agreements; (2) provide a certificate ofcoverage showing workers' compensation coverage to the governmental entity prior to beginning work on [he project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension ofcoverage, if the coverage period shown on the contractor's current certificate ofcoverage 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 ofcoverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates ofcoverage 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 ofcoverage showing extension ofcoverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates ofcoverage on file for the duration ofthe 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 ofcoverage 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 a[ 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 alt of its employees providing services on the project, for the duration of the project; (B) provide a certificate ofcoverage 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 [he 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 [hereafter; (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)-(H) 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 ofclassification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with.the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the 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 [he project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the govemmental 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 ofthe change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain-from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (I~ contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) ofthis paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision ofthis rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications ofthis rule that can be given effect without the invalid provision or application, and to this end the provisions ofthis 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 I 1 (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 detivery, or renewed on or after January 1, 1996. Source Note: The provisions ofthis §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement jor coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-8l, TWCC- 82, TWCC-83, orTWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for [he duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in,¢406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless ofwhether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. 'Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such asfood/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall 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 Cade, 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. !f the coverage period shown on the contractor's current cert fcate of coverage ends during the duration of the project, the contractor must, prior to the end ojthe coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (I) a certifrcate 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 a[1 persons providing services on the project; and (2) no later than seven days after receipt 6y the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain alt required certifrcates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certifred mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compertsation 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. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the currem certificate of coverage ends during the duration ofthe projeet,- (5) retain all required certificates of coverage on frle for the duration of the project and for one year thereafter; (ti) notify 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 [o the person for whom they are providing services. J ey signing this contract or providing or causing to be provided a certificate ofcoverage, the contractor is representing to the governtental entity chat 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 filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 1 I 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 enti!!es the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I 1 of 1 i PART C FEDERAL WAGE RATES AND REQUIREMENTS Yage 1 of L General Decision Number: TX080037 07/25/2008 TX37 Superseded General Decision Number: TX20070039 State: Texas Construction Types Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 02/08/2008 1 07/25/2008 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) .........................S 9.05 Concrete Finisher ................$ 7.56 ELECTRICIAN ......................$ 13.37 2.58 Laborers: common .................. ....$ 6.55 Utility .....................$ 7.68 Power equipment operators: Backhoe .....................$ 9.21 Motor Grader ............ ....$ 8.72 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFA 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can http://www.wdol.gov/wdol/scafiles/davisbacon/TX37.dvb 8/14/2008 Page 2 of Z be * an. existing published wage determination ~ - * a survey underlying a wage determination * a Wage and. Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hovr Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbaconfl'X37.dvb 8/14/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 13TH day of JANUARY, 2009, 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 Sendero Industries LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $597,640.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 PROJECT NO. 7386 (TOTAL BASE BID + ADD.ALT.: $597,640.00) 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 BASE BID - OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 BASE BID- (SITE 1) CURTIS CLARK DRIVE & NELSON LANE I 11 III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION N ITEM II UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) Mobilization, Demobilization, and Bonds, A-1 ~S per Lumn Sum. $~aoQU pV $ ~~ 000. U U Complete demolition and removal of the 1 existing manhole (#2773) including brick A-2 LS 'stack', existing vault roof, vault sides, vault $ $ bottom and existing invert, complete in U Q v, Q CJ ~~ ~ place, per Lumo Sum. ~7~ pQOG ~ 1 Complete demolition and removal of the A-3 LS existing 4' dia. brick manhole (# 2774), $~~ 000 60 $ ~ ~ O G O • QU complete in place, per Lumo Sum. Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx. 18.0' depth), complete In place, including new foundation, invert, new II A-4 1 frame and cover, cement stabilized backfill, removal and replacement of pavement! $ O OU $ ~~ 00 EA pavement repairs, and any other items ,s ~~o~p0 ~ required to produce a new manhole, per II Each. Standard 4' DIA Fiberglass Reinforced Plastic Manhole (Approx. 7.2' depth), II complete in place, including new A-5 1 foundation, invert, new frame and cover, $ /~c/ G,o6 $ a~ EA cement stabilized backfill, removal and ' J~ ~ 6d ! ~i q replacement of pavement/ pavement repairs, o , 7 /i II and any other items required to produce a new manhole er Each. II A-6 1 Control of Wastewater Flows, per Lump $ $ LS Sum. j,5~6O4.°° /.~0 OO.OC,) II A-7 EA Trench Safety for Manhole, per Each. $ //0~~ $ ~7 L, ~QQ• ~ U A-8 1 Ls Traffic Control Measures, per Lump Sum. $/Gs~.oo $ /~ S ad. ~ A-9 ~F Well Pointing, per Linear Feet. $~~~~ $ // L~~~ ~U SDBTOTAL BASE BID (SITfi 1) (Items Al through A9): s ~~~5 1?..~0. GU Proposal Form Paar i of 8 nacF: nrn - lS2TE 2) CIIRTIS CLARK DRIVE & BETTY JEAN DRIVE I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION (OTY X UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES) Mobilization, Demobilization, and Bonds, B-1 1 Per Lump Sum. $fj~ ~W $ /Y ppJ. GU LS Complete demolition and removal of the existing manhole (#2806) including brick B-2 LS 'stack', existing vault roof, vault sides, vault bottom and existing invert, complete in $ $ ~ "')p Q U. O d place, per Lump Sum. x'700 4• u O , Complete demolition and removal of the B-3 1 LS existing 4' dia. brick manhole (# 2805), $~~ ~~ ~ Ul>~•GU $ °2~ complete in place, per Lump Sum. , Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx.19.0' depth), complete in place, including new foundation, invert, new B-4 1 frame and cover, cement stabilized backfill, removal and replacement of pavement/ $ p a aU $ % 6OCJ,G U .S EA pavement repairs, and any other items . ~ a required to produce a new manhole, per Each. Standard 4' DIA Fiberglass Reinforced Plastic Manhole (Approx. 17.4' depth), B-5 1 complete in place, including new foundation, invert, new frame and cover, l d kfill d b $ 00~ ~ (~ $ ~/ ~ QO. UU `5 EA , remova an ac cement stabilize ,S ~ i replacement of pavement/ pavement repairs, and any other items required to produce a new manhole, per Each. B 6 1 Control of Wastewater Flows, per Lump $ /~D~•~ U~O.~J U $ /S LS Sum. ~ g.7 EA Trench Safety for Manhole, per Each. $ ~~oUa 6O $ 21 OOQ ~G B-8 LS Traffic Control Measures, per Lump Sum. OGU~ $ ~^7Q ~ U.GU 7 g_g LF Weli Pointing, per Linear Feet. $ ~3~00 G+3~Q' $ / 3IIBTOTAL BASE BZD (SITE 2) (Items 81 through 89): $ ~~Q' v~ Proposal Form o+..n ~ n4 q ADDITIVE ALTERNATE SID - (SIT83) CVRTxs r_nauu nRTVR atan annmv emanr vim. nmevcvn I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (OTY X UNIT PRICE IN FIGURES) C-1 1 Mobilization, Demobilization, and Bonds, LS per Lumo Sum. $/SOdc~ UO $ /,y~QU U, GU Complete demolition and removal of the existing manhole (#2888) including brick C-2 LS 'stack', existing vault roof, vauk aides, vault bottom and existing invert, complete in $ /~ (~QCI,6U $ /7600, G U place, per Lumo Sum. . Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx. 19.2' depth) complete in , place, including new foundation, invert, new C-3 1 frame and cover, cement stabilized backfill, EA removal and replacement of pavemenU Si7~ OOO• QO $ :S ~ pc1G . U U pavement repairs, and any other items required to produce a new manhole, per Each. C,d 1 Control of Wastewater Flows, per Lump $ $ LS Sum. /S o00. G0 /S ~iU O ~ C-5 EA Trench Safety for Manhole, per Each. $,L? 0.x, GG $ /.Z, G OG• UU C-6 LS Traffic Control Measures, per Lumo Sum. $ I U ~ $ / 7 o QO.Q~j C-7 LF Well Pointing, per Linear Feet. $ Grp a $ /-~.fd0.~/G TOTAL ADDITIVS ALTBRNATB (SiTB 3) (Items C-1 through C-7):$ / y~r. ~QQ,GU BID SUMMARY Base Bid (32TES 1 AND 2) Base Bid (SITES 1 AND 2) plus Additive Alternate (SITE 3) $ yss-, ~yG. ~~ s 5~7, ~ Yom. ~ U Proposal Form Page 5 of 8 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 130 CAZENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary CITY O1F CORPU~S1 ~CjjA~~R////ISTI Oscar Martinez Assistant City Manager APPROVED AS TO GAL DRM: By: Asst. ity Attorney By: `i~~~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Agreement Page 2 of 2 ~~s~ :~~,„L,~~d~.~IUINORIZC~ er souaca. 0-~13.~ SECR AR~J}~ SOVSTON, TX 77092 (City) (State)(ZIP) 713/868-6960 * 713/868-6906 (Phone) (Fax) ~- P R O P O S A L F O R M F O R OSO TRUNK MAIN MANHOLE REPAIR/ REPLACEMENT PHASE 3 PROJECT NO. 7386 DEPARTMENT OF ENGINEERING SERVICES Proposal Form Page 1 of 8 CITY OF CORPUS CHRISTI, TEXAS P R O P O S A L Place: Date: p ~ J'-U jJ Proposal of Jc N.I~r''7Z0 !N Du cTR~c S , a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as ~'h~ L L L TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: OSO TRUNK MAIN MANHOLE REPAIR/ REPLACEMENT PHASE 3 PROJECT NO 7386 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Page 2 of 8 HASE BID - OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 BASE SID- (SITE 1) CURTIS CLARK DRIVE & NELSON LANE I II III IV V glp OTy g, UNIT PRICE gID ITEM EXTENSION (QTY X UNIT PRICE IN 1 ITEM UNIT DESCRIPTION IN FIGURES FIGURES) I Mobiilzation, Demobilization, and Bonds, II A-1 ~S per Lumn Sum. $~ao00, p0 ~7 $ l A aQ~. U Q Complete demolition and removal of the 1 existing manhole (#2773) including brick A-2 LS 'stack', existing vault roof, vault sides, vault $ $ bottom and existing invert, complete in U ~"~ QQV, Q U place, per Luma Sum. /7, DOaC) ~ 1 Complete demolition and removal of the A-3 LS existing 4' dia. brick manhole (# 2774), $~~ 00060 ~f < ~ 6 G O.OC~ $ complete in place, per Lumo Sum. o Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx. 18.0' depth), complete in place, including new foundation, Invert, new A-4 II 1 frame and cover, cement stabilized backfill, lacement of pavement/ removal and re $ ~ UU $ ~~ 00 EA p pavement repairs, and any other items ,5 ~~ o0jp0 ~ required to produce a new manhole, per II Each. Standard 4' DIA Fiberglass Reinforced Plastic Manhole (Approx. 7.2' depth), II complete in place, including new A-5 1 foundation, invert, new frame and cover, $ /fc,/ 6.0CJ $ ~G EA cement stabilized backfill, removal and .J~ Qp 6ro 7 ~r replacement of pavement/ pavement repairs, O , 77 i II and any other items required to produce a new manhole er Each. A-s II 1 LS Control of Wastewater Flows, per Lump Sum $ 0a ~ $ . /J C5 ~ /.~Q Z30.QC~ I) A 7 EA Trench Safety for Manhole, per Each. $ //0~~ $ ~L, 60~, v ~ A-8 1 Ls Traffic Control Measures, per Lump Sum: $/G,~o.oo $ lG s ao. ~ A-9 LF Well Pointing, per Linear Feet. $/3~vU $ ~l~'~~O.~U SUBTOTAL BASE BID (SITE 1) (Items Al through A9): s 1 yes ~..~o. Go Proposal Form 9an> R of R SASE BID - (SITE 2) CURTIS CLARK DRIVE & BETTY JEAN DRIVE I II III. IV V BID QTY & UNIT PRICE BID ITEM EXTENSION (OTYX UNIT PRICE IN ITEM UNIT DESCRIPTION IN FIGURES FIGURES) Mobilization, Demobilization, and Bonds, B-1 1 perLumaSum. Sf~cXX~uO $ ~~(JQO.GG LS Complete demolition and removal of the existing manhole (#2806) including brick B-2 LS `stack', existing vault roof, vault sides, vault $ $ bottom and existing invert, complete in a Sum L l ~74U Q ~ O x'76 (~ U. O U . um ace, per p , 1 Complete demolition and removal of the B-3 LS existing 4' dia. brick manhole (# 2805), S~~ ~~ ~ S ~/ UdQ,~jU complete in place, per Lumo Sum. Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx. 19.0' depth), complete in place, including new foundation, invert, new B-4 1 frame and cover, cement stabilized backfiil, removal and replacement of pavement/ $ ap pU $ ,f% CSOU•G U EA pavement repairs, and any other items ~ a , ~ required to produce a new manhole, per Each. StandaM 4' DIA Fiberglass Reinforced Plastic Manhole (Approx. 17.4' depth), complete in place, including new B-5 1 foundation, invert, new frame and cover, removal and ed backfill bili t t $ 00~ j ~ !~ $ sue/ ~ QU. UCJ i EA , s a z cemen , ~ replacement of pavement/ pavement repairs, and any other items required to produce a new manhole, per Each. g's 1 LS Control of Wastewater Flows, per Lump sum $ /~iO6.Gv 3 /,i'UQd .O U . g_7 2 EA Trench Safety for Manhole, per Each. $ /~Opo, a O $ 21 ISQO.~G g-8 LS Traffic Control Measures, per Lump Sum. GUS O $ ~~O Q U.GU g_g LF Well Pointing, per Linear Feet. $ /3 ~~ $ ~ /+c.3ec ~ SIIBTOTAL BASE SID (SITE 2) (Items Bi through H9): $ ~2Q' ~~ - Proposal Form ADDITIVE ALTERNATE SID - (R7mtx~1 rnnmre .,r„flo .. _ _ ______ __-__. - -..... .. ov. .an aanraabti STlCiti1;T I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY X UNIT PRICE IN FIGURES) C•1 1 Mobilization, Demobilization, and Bonds, LS per Lumo Sum. $/S~Qq UU $ /sew U, GU Complete demolition and removal of the 1 existing manhole (#2888) including brick C-2 LS 'stack', existing vault roof, vault sides, vault bottom and existing invert, complete in $ ~-~ ~jQC/,6U $ ~760O. G U place, per Lumo Sum. , Special Fiberglass Reinforced Plastic (FRP) Manhole (Approx. 79.2' depth), complete in place, Including new foundation, invert, new C-3 1 frame and cover, cement stabilized backfill, EA removal and replacement of pavement/ $ f7~ Owl • oG $ S/ QcJ~J . U G pavement repairs, and any other items required to produce a new manhole, per Each. C~ 1 Control of Wastewater Flows, per Lumc LS Sum. $/S o00. GU $ /S ~iU. ~ O C-5 EA Trench Safety for Manhole, per Each. C-6 1 LS Traffic Control Measures ,Per Lumo Sum. $ ~ ~ $ ~ 7 o aG Qv C-7 LF Well Pointing, per Linear Feet. $ S $ O a D ~r -~dv GG TOTAL ADDITIVB ALTBRNATB (SITB 3) (Items C-1 through C-7):$ /y~r,~~Q,~(f BID sur~AxY Base Bid (SITES 1 AND 2) Base Bid (SITES 1 AND 2) plus Additive Alternate (SITE 3) $ yss,/yoga $ S~7_ ~ yam. ~ u Proposal Form Page 5 of 8 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 Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within One Hundred (100) calendar dayB (Base Bid), (Thirt calendar da s wi3T~dde or a dda~ive Al ern~f.8, -3 away e rom t o a e esignate y a or r er. 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. number): of ,the addenda is acknowledged (addenda (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name : .SLH 1~G~~ > N , By: ( ~~ RE) Address: G~/5/ %~R,lJt/.&/ (P.O. Box) (Street) ~~ ~ ~~ 9 ~ (City) (State) (Zip) Telephone: 7i3-rYG ~- G.pGd NoTB: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form Page 6 of 8 P E R F O R M A N C E B O N D BOND # 6525816 STATE OF TEXAS § COUNTY OF NUECE3 § KNOW ALL BY THESE PRESENTS: THAT Sendero Industries LLC ofx HARRIS Countyy, Texas, hereinafter called "Principal", an a~~'~Ii54AANCE COHPANY ~ a corporation organized under the laws of the State ofWASHINGTON , 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 FIVE HUNDRED NINETY-SEVEN THOUSAND, SIX HUNDRED FORTY AND NO/100 ($597,640.00) 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 3UCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH of JANUARY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: OSO TRUNK MAIN MANHOLE.REPAIR/REPLACEMENT PHASE 3 PROJECT NO. 7366 (TOTAL BASE SID + ADD.ALT.: $597,640.00) 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 copie~~ each one of which shall be deemed an original, this the -F(/-y`~ day of ~ C N 200 9 nmmirem SURETY FIRST NATIONAL INSIIRANCE COMPANY OF AMERICA WASHINGTON By:~,~LX+~ ~ Attorney-in-fact Agency: Contact Person: Address: SWANTNER fi GORDON INSIIRANCE AGENCY MARY ELLEN MOORS P 0 BO% 870 - CORPIIS CHRISTI, T% Phone Number: 361-883-1711 -~ ,~,,, ` ~.. - ~~ °: i• „_ ---~ ~, s~ iy ... c.. _~s (NOTE: Date of Performance Bond must not be prior to date of contra ct)(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 § BOND #6525816 KNOW ALL BY THESE PRESENTS: THAT Sendero Industries LLC of HARRIS County, Texas, hereinafter called "Principal", andF~T N I CS COMPANY ~ a corporation organized under the laws of the State of yAAATNCTON 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 FIVE HUNDRED NINETY-SEVEN THOUSAND, SIX HUNDRED FORTY AND NO/100($597,640.00) 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 TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH day JANUARY 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 PROJECT NO. 7386 (TOTAL BASE HID + ADD.ALT.: $597,640.00) 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 copi each one of which shall be deemed an original, this the day of d~Kw 20~. PRINCIPAL SURETY FIRST NATIONAL INSIIRANCE COMPANY OF AMERICA ,~,~. SEATTLE, WASHINGTON '~~ , . (~ `~ By: ~ `~ ,; Attorney-in-fact WILLL9M M JONES - ~,;': ~. ( Print Name ) c~--aM \\~.\' " ~~I11/111141141\\' Agency; SWANTNER fi GORDON INSIIRANCE AGENCY Coatact Person: MARY ELLEN MOORS Address : P 0 BO% 870 CORPIIS CHRIS I, Phoae Number: X61-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 CITY OF CORPVS CHRISTZ DEPARTMENT OF ENGINEERING SERVICES P.O. BOX '9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Sonde Project Name/No.• #7386 Oso Trunk Main Manhole Repair/ReplacemBht Phase3 Surety Company: First National Insurance Company of America Gentlemen: _, ~, (~-oss ~CCn~r.,~cK- (name r certify. that the facsimile power of ism M. Jones for Sendero Ind: of Officer of surety), attorney submitted by (Attorney-In-Fact) (Contractor), a copy of which ie attached to this enrtifioate, is a true and correct copy of the original power oP attorney on file in the records of the surety .company in its home office, has not been amended or abridged, is still is full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail Within sevea'(7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 Signed this ~ day of ~~~weu-t./ 20~ \v~~ • Name• I~ l4~SS ~C (( ,~(.,,((,~,~c~, Title:,~~ ~laN0.\ ,N~c~y¢r Sworn and subscribed to before. me on this ~ day of ~/Uq/ , 20~. IENIIffFJt R04ALE~ (~~/li///~ ~G~ ` . NOTARY PUBLIC x ary Publ p ~s~~ State of 1'CXCIf ~nre' ~' 07-09.12 My Commission Expires •~ 9 -2a%~ (Revised 9/03) ATTACHMEI~TT 1 1 OF 1 POWER Firet National Insurance Company of America 1001 4th Avenue ' ~ to OF ATTORNEY suitet7oo Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 13342 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **********JEFFREY M. JONES; WILLIAM M. JONES; CAROL MANUEL; JANET MORFORD; Houston, Texas********** its true and lawful allomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regulady elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of January 2009 Dexter R. Legge, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE ExUact from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the offcer in charge of surety operations, shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bands and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any inslmment conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affxed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" ExUact from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dezter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and collect, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ~~ day of /'C / k , z~ sEAi '~` ~ ~r~~ ~a ~ ~,rP'~,'~ Daxter R. Legg, Secretary 5-1049/DF 1/09 • • Safeco®and the Safxwrlogo are rs5isleretl trademarks or Safety Corporation. WEB PDF 1=figure: 2s rat §1.6o1(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener informaci6n o pars someter una queja: 2 You may contact Home Office Surety at i -206-473-3799 3 You may call (company)'s toll-free telephone number for information or to make a complaint at (800) 472-5357 Surety Opfion #7 4 You may also write to Safeco Insurance Company at: PO Box 34526 Seattle, WA 98124-1526 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: (SDO) 252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Eax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi_slafe.bc.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent orthe company) first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document- Usted puede contactar a serviao de la oficina principal de Safeco Surety aI: 1_206-473-3799 Usted puede Ilamar al nrimero de telefono gratis de (company)'s pars informaci6n o para someter una queja al: (800) 472-5357 Surety Opci6n De #T Usted tambirsn puede escribir a Safeco Insurance Company PO Box 34526 Seattle, WA 98124-1526 Puede comunicarse con el Departrnenfo de Seguros de Texas para obtener informaci6n acerca de companias, coberturas, derechos o quejas al: (800) 252-3439 Puede escribir aI Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http)/www.tdi.state.tx.us E-mail: ConsumerPmtection@tdi.state.tx.us DISPUTAS SOBREPRIMAS O RECLAMOS: Si Gene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la companfa) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposilo de informaci6n y no se convierte en pane o condition del documento adjunto. P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES ~ IQJOW ALL BY THESE PRESENTS: THAT 3eadero Iadustri®s LLC of HARRIS 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 FIVE HUNDRED NINETY-SEVEN THOUSAND, SIX HUNDRED FORTY AND NO/100 ($597,640.00) 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 I3 SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH of JANUARY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 PROJECT NO. 7386 (TOTAL SASE BID + ADD.ALT.: $597,640.00) 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 WITNES3 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) Agency: Coatact 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 § lINOW ALL BY THESE PRESENTS: COUNTY OF NUECES $ THAT Sendero Industries LLC of HARRIS 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 FIVE HUNDRED NINETY-SEVEN THOUSAND, SIX HUNDRED FORTY AND NO/100($597,640.00) 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 23 SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 13TH day JANUARY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 PROJECT NO. 7386 (TOTAL BASE BID + ADD.ALT.: $597,640.00) __ 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 By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) ACj@nCy: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/OB) Payment Bond Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Gity of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business .with the City to provide the fol owing information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME ,S[~sr c$o ra..~~u~^zRirsS STREET: /08/x/ /!"7~~'NtJ~fl CITY: / JS~,J ZIP: 77092 FIRM is: 1. Corporation __ 2. Partnership 3. Sole Owner 4. Association _ 5. other L L C. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "err ployee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in t ie above named "firm". Name Job Title and City Department (if known) ~~ 2. State the names of each "of icial" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N~ 3. State the names of each "bo~ird member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee ~'~ Q. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosur>_ of an information requested; and that supplemental statements will be promptly submitted to the of ~us Christi, Texas as changes occur. Certifying Person: S~ .~ a® Title: ~~ t c~ ~ X (Type or rinl) ~ Signature of Certifying Person: Date: ~- 9^GY Form ACORD DATE (MM/DDM'YY) -~M._ CERTIFICATE OF LIABILITY INSURANCE D2,D6@DD9 W. M. JONES COMPANY 8588 KATY FREEWAY, SUITE #345 HOUSTON TX 77024 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURED SENDERO INDUSTRIES, LLC 6814 THORNWALL HOUSTON TX 77092-4607 713.966-6960 A: NATIONAL UNION FIRE INSURANCE CO B: NATIONAL UNION FIRE INSURANCE CO NAIC # INSURER D: INSURANCE CO OF THE STATE OF PENN INSURER E: FEDERAL INSURANCE COMPANY V V YCRIYV CJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANV REDUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. ILTR ~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY E%RMIION LIMBS O lE MMID ATE GENERAL LUIBIU7Y 3791983 O9/02/08 O9/QZ/Op EACH OCCURRENCE S 1,000,QQQ X COMMERCIAL GENERAL LUIBILITY / ~ Y aE w e E 1DD DDD ~/ P q eEe OC , m , CLAIMS MADEa OCCUR MED. EXP (Any one person) $ 5,000 A X CONTRACTUAL PERSONALSADV INJURY E 1,000,OOO GENERAL AGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS-COMP/OP AGG. E 2,000,000 POLICY X LOC g AUTOMOBILE LU181LRV 4304052 08/02/08 08/02/09 COMBINED SINGLE LIMIT / 000 $ / 1 DDQ X ANY AUTO ~ (Ea eccitlant) , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) E B X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraaitlanl) $ PROPERTY DAMAGE (Per accitlenl) E GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG E EXCESSI UMBRELLA LU\BILITV BE7279734 08/02/06 09/Q2/O9 EACH OCCURRENCE E 5,000,QQQ X OCCUR ^ CLAIMS MADE ! // AGGREGATE $ 5,000,QQQ C C` g DEDUCTIBLE g X RETENTIONS 10 00 S WORKERS COMPENSATON AND EMPLOYERS' LVIBILITY 1095867 08/02/09 08/D2IQ9 VJC aTATU- OTHER X TORY IiMiTa p ANY PROPRIETONPARTNERIEXECUTNE a,/ E.L. EACH ACCIDENT $ 1,000,QQD OffICERRAEMEER ExCLUDEaT Ir asscnee url4r e E.L. DISEASE-EA EMPLOYEE $ 1,000,000 y A SPECML PROVMgNe MIOW E.L. DISEASE-POLICY LIMIT E 1,000,QQQ OTHER: SCHEDULED EQUIPMENT 45463428 06/02/06 08/02109 LIMIT (1,212,482 $1K DEDUCTIBLE E DESCRIPTION OFOPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SUBJECT TO THE TERMS, CONDITIONS, LIMITATIONS 8 EXCLUSIONS OF THE COVERAGE FORM AND ENDORSEMENTS. Re: OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 -PROJECT NO. 7386 THE CITY OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WC/EL WHERE REQUIRED BY WRITTEN CONTRACT. CITY OF CORPUS CHRISTI ENGINEERING SERVICES ATTN;CONTRACTADMINISTRATOR J P O BOX 9277 J CORPUS CHRISTI, TX 78469 aneo9DD: ACORD 25 (2001108) SHOULD ANV OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATA/ES. V WILLIA, M. O Certificate # 50558 CJ ACORD CORPORATION 1999 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 25-5 (2007108) Certificate #50558 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/02/2008 forms a part of `,/ policy No. GL 379-19-83 issued to SENDERO INDUSTRIES, LLC byNATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA /THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT (Professional Services Exclusion) This endorsement m/odifies insurance provided under the fol%wing: ,/ COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section 11 -Who is an Insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser ot: 1. The coverage and/or limits of this policy, or 2. The coverage andlor limits required by said contract or agreement. ~~~ ~~~~ Authorized Repre`sentatNe or Countersignature (in States Where ~....r:.._~.~_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 02-11-09 forms a part of Policy No. 4304052 issued to SENDERO INDUSTRIES, LLC by NATIONAL UNION FIRE INS CO OF PA / ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT I. SECTION II -LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRE ~IJTATIVE 87950 (10/05) /_ POLICY NUMBER: GL 379-19-83 ~ COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY,. RLEASE READ IT CAREFULLY. -- EARLIER NOTICE OF CANCELLATION '~ PROVIDED BY US This endorsemeht modifies insurance. provided under the followings COMMERCIAL G.ENER/pL LIABiLIIY.COVERAGE PART LIOUQR LIABILITYl;QVERAGE PART POLLUTION LIABILITY. EO'VEfi±4GE PART PRODUCTS/COMPLETED OPERA3FONS LIABILITY COVERAGE. PART :SCHEDULE Number of Days' Notice 60 v Ilf no entry appears above,: Information required to complete this Schedule wil! be shown in the Oeclaratibns es applicable. to this endorsementi.l For any stattitorily permitted reason. other than nonpayment of premium, the number of days required for nat~ce of ;cancellation, a;; provided in paragraph 2: of effN'er .thie CANCELLATION .Common Pobcy Condition or as amended by an applicable state .cancellatiota endorsement, is ingreased [o the. number of :days shown ih the Schedule- ,above, ~- ~ ~ ~~ CG 02 24 10 93 Copyright, Insurance Services Office, Ina., t992 Page 1 of t r"i ENDORSEMENT This endorsement, effective 72:01 A.M. 08/02/2008 forms a part of Policy No. CA 430-40-52 issued to SENDERO INDUSTRIES, LLC v/ by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under fhe following: V% BUSINESS AUTO COVERAGE FORM; TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM Common Policy Conditions, A. Cancellation, 2. is amended to read: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel- lation at least: a. TEN ( 10 )days before the effective date of cancellation if we cancel for nonpayment of premium; or b. THIRTY ( 30) days before the effective date of cancellation if we cancel for any other reason. (~ AUTHORIZED R ES TATIVE ao,oo ro mc~ TEXAS ONLY -ADVANCE NOTICE OF CANCELLATION OR NON-RENEWAL BY US EXTENDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The fo0a+rirg "attaching clause" need be compleletl only when this endorsement is issued sut~sequent to preparation of the policy). This endorsement, effective 12:01 AM 08/02/2008 forms a part of Policy No. WC 001-09-5887 Issued to SENDERO INDUSTRIES, LLC / By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PART SIX -CONDITIONS, D. -Cancellation of the Texas Amendatory Endorsement (WC 42 03 01 F) is deleted in its entirety and replaced with the following: You may cancel this policy. You must mail or deliver advance notice to us stating when the cancellation is to take effect. We may cancel or non-renew this policy. We must send by certified mail or deliver to you in person, not less than the number of days shown below, advance written notice stating when the cancellation or non-renewal is to take effect. A copy of the written notice will be sent to the Texas Workers Compensation Commission. Except for non-payment of premium, non-payment of loss reimbursement or non-delivery of satisfactory security or collateral when due for which we will provide the advance written notice required by law, we shall not provide less than the number of days advance notice set forth below, or in the policy and endorsements attached thereto, or as required by state law. If another insurance company not'rfies the Texas Workers' Compensation Commission That it is insuring you as an employer, such notice shall be a cancellation of this policy effective when the other policy starts. Texas law requires a minimum of ten (10) days advance written notice for cancellation or nonrenewal due to fraud in obtaining coverage, misrepresentation of the amount of payroll for purposes of premium calculation, failure to pay premium when payment was due, and increase in hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control, and a determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. Texas law requires a minimum of thirty (30) days advance written notice for other cancellation or nonrenewal reasons. / Cancellation: 60 Days Non-Renewal: 60 Days WC 99 42 07A Countersi ned b Y`^u-~~- C'`~-^Q'--'~ 9 Y------------------------------ (Ed. 03104) Authorized Representative