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Home My WebLink AboutC2009-240 - 4/21/2009 - Approved ~ ~ LVVJ-L'tV M2009-099 ' 04/21/09 ~ ~i.E . Rabelais Constructors ', - - d -, S P E C I A L :_P R 0 V;I S:I 0 N S 1 SPEGI:E'L.CATIO'NS ,, AND'. ` ~ •~ FO~tMS OF CONTRACTS & $0=ADS: F Q R • . :,N ION ~LV~ . ~?~'!: ~YpiVI~ S~AT~I4N . .. ~.:, _~ _ n., _; , ~ _ . ~. E'ebru~ry~ 2009- 1 ~ lJ .r ~' ~ ~ , r ~ ~ r* c' . WATER ~LP7~2TM~NT TEXA3 : ' ` - ` ,t ~ M/~iF~~C A*( ~I~~UIV~, j ' k ' ~ ~, I-RI$fiIr b~' ~nRl~ ,q. G CI~P7t . $57+1681 36}'/ Fh e • / . ~~~~~ .9G2~~ I~.os, ~ , . Qn .. Fax `361%$5`7-1$9`9. ~ . ~~' ~' ~ ' ~ ' ~ e ~~t. .r .._ • .. O~~/~ Iyr T 7~ 4 g U ~ ' ~ _. ~ } Y ~. ..r, - ~' =1 ..y .~ 1 .~ ~~ ~ ~ ~~ ~~ ~ 4 ~~ ' - ~ ~ { ~ a 1 ~ f5 I~1< ~~lS~itw~}l~` ~~• ~~ CQRPtl$ 4`Hg~Sr$~r4•.i1'1T, 7$4,1)9x2$32 ~J {361)x$54-91Q~ FAX:.-{3s1) $~9~6001 ,:'O.E.~OReN4, 33?60.A7:'O1 ~ 9 ~ . . ~4Q$ iJ , .BjL~JRCfi~ NO. t , . r ,F,.~.,...rR~. uIlpF1ING N0. WTIt-392 •" {~ , • - ,,. L , '_ , ~~~,,,,,,,111fl , (Revised 7/5/00) N. NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATO PROJECT NO. 8608 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised x/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-9 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 ^' -°'=- ^^' (NOT USED) A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials n--T-P'i -' a ^Afi :-^ (NOT USED) A-18 Schedule and Sequence of Construction ^~~~ '^a ^- --' (NOT USED) A-20 Testing^and^Certification ~'^} ^-_~^^~ ~~~^~~ (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) '~ - ~ ^^a "'"~^^` (NOT USED) A-24 Surety Bonds n_nc ^.. i ,... m..., c~m,~~n NO LONGER APPLICABLE (6/11/98) -- A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29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 "E;cecution of Contract" Requirements A-33 Conditions of Work A-39 Precedence of Contract Documents A-35 City Water Facilities Special Requirements A-36 Other Submittals (Revised 9/16/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities - - --F ~ - _..a- (NOT USED) 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) A-46 Disposal of Highly Chlorinated Water (7/5/00) - ^ ~~o} A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions A-51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A-54 Security A-55 Access Roads A-56 Parking A-57 Noise Control A-58 Dust Control A-59 Temporary Drainage PYOV1510RS A-60 Amended Prosecution and Progress - TECHNICAL SPECIAL PROVISIONS (NOT USED) PART H - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREDSSENT3 PART T - 01011 02104 09910 13400 13420 E13420 E13421 16010 16170 16402 16470 16560 16980 TECHNICAL SPECIFICATIONS - Equipment Documentation Requirements - Site Grading - Painting - Process Control Systems & Instrumentation Work - Documentation Requirements - SCADA - Engineering Documentation Requirements - SCADA - Engineering SCADA CARD Standards - Electrical General Requirements - Grounding and Bonding - Electrical wiring Systems - Panelboards - Electric Actuators - Sequence of Operation LIST OF DRAWINGS NOTICE AGR88MENT PROPOSAL/DISCLOSIIRB STATEMENT PERFORMANCE BOND PAYMIiNT BOND NOTICE TO BIDDERS NOTICB TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: N. NAVIGATION BLVD. PUMP STATION N8W M.O.V. ACTUATORS (PROJECT NO. 8608) consists of the installation of two motor operated valve (MOV) actuators, associated electrical, SCADA programming and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents, will be received at the office of the City Secretary until 2:00 p.m. on Marsh 31, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for March 4, 2009 beginning at 10:00 a.m. The pre-bid meeting will convene at Engineering Services Conference Room third floor City Hall 1201 Leopard Corpus Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5& bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ( 5$ 0.00) 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/ Pete Anaya, P.E. Director of Engrg. 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 indicatingproof of coverage in the following amounts is required: TYPB OF INSORANCE ~ MINLMOM INSURANC$ COVSRAGH 30-Day Notice of Cancellation required on Bodily Injury aad Property Damage all certificates PBR OCCURR8NC8 / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. underground Hazard ~ ~ - 5. Products/ Completed Operations Hazard 6. ~ Contractual Liability 7. Broad Porm Property Damage. e. Independent Contractors 9. Personal Znjury - AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINHD SINGLE LIMIT OR RENTED ~ ' . WHICH COMPLIES WITH THH TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT fiMPLOYERS' LIABILITY _ $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGES LIMIT PROPESSIONAL POLLUTION LIABILITY/ $2,Ob0,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE ~ .. Not limited to sudden & accidental 0 REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of ' contaminants ' BUILDERS' RISK. See Section B-6-11 and Supplemental Insurance Requirements 0 REQUIRED X NOT.REQUIRED INSTALLATION FLOATER ~ $100,000 Combined Single Limit - See Section B-6-il and Supplemental Insurance Requirements ~ REQUIRED - ^ NOT REQUIRED Page 1 of 2 0 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. D The name~of the Project must be listed under "description of operations" on each certificate of insurance. O For-each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have say questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page I of 11 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 terrns, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awazded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" 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, regazdless of whether that person ~optracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who aze providing services on the project 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 ofSelf-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of pazagraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by pazagraph (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 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standazds of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they aze 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 prof ect; (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 I I (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)-(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 of classification codes and payroll amounts and filing of any 'coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental enfity 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 subparagraph and subpazagraphs (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 constmction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who aze explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who aze excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715;. amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 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 for 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 T'285110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certi'ficate')- Acopy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement ('1'WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in,¢406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of 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 employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project,. and provide to the governmental entity: (1) a certif cafe of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage . . showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certifzed 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 YVorkers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and staring how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, fo: (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 401.01](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 certifteate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) 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 certifzed 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 arty person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a cert~cate 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 filed 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 if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 SECTION A SPECIAL PROVISIONS N.NAVIGATION BLVD. Pi1MP STATION NSW N.O.V. ACTIIATOR3, PROJECT NO. 8608 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 9Pedaeaday March 11, 2009. Proposals mailed should be addressed in the following manner: ' Citv Secretary's Office -- ---•! o ~°°_'_~~ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - N.NAVIGATION BLVD. PDMP STATION NEW M.O.V. ACTDATORS, PROJECT NO. 8608 No additional or separate visitations will be conducted by the Cit A-2 De£iaitioas and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description o£ Project This project consists of the installation of two motor operated valve (MOV) actuators, associated electrical, SCADA programming and miscellaneous items of work required to complete project in accordance with plane, specifications and Contract Documents. A-4 Method of Award The bids will be evaluated based on the Total Have Hid, subject to the availability of £vada. 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 9/18/001 Page 1 of 23 A pre-bid meeting will be held on Piedneeday, March 4, 2009, beginning at 10:00 a.m. The meeting will convene at' the Engineering Services Main Conference Room, Third Floor, City Ha11,1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. Explanation of Measurement and Payment 1. Motor Operated Valve (MDV) Actuators: This item shall be measured as a Lump Sum. This item shall incl"ude all work required to construct the installation of two (2) motor operated valve actuators, such as existing operator removal, providing and installing new actuators, electrical and related items, and not measured under another bid item, complete in place, as outlined in the plans and contract documents. 2. SCADA Documentation and O.N. Stevens Programming: This item shall be used for furnishing all SCADA documentation in the standard format for the City of Corpus Christi and for programming. Due to work currently being performed on the City's monitoring system the Sub-Contractor to provide the computer programming at the O.N. Stevens plant shall be Rabalais Electrical Constructors. 3. Utility Allowance: Contractor shall insert the figure noted in his bid proposal. This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. 4. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to ba Submitted with Proposal The following items are required to be submitted with the proposal: 1. S+k Sid Soad (Must reference N.NAVIGATION BLVD. POMP STATION NEW M.O.V. ACTDATORS, PROJECT N0. 8608 as identified is the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bask 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 150 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, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Bngineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Days Allocation for Raia The Contractor shall anticipate the following number of work days lOSt due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Section A - SP (Revised 9/18/00) Page 2 0£ 23 Service at the Power Street Stormwater Pump Station ie 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status-of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 150 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 Workers Compeneatioa Iaeuraace 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. A-9 Ackaowledgmeat of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. .Section A - SP (Revised 9/18/00) Page 3 of 23 A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for building coaetruction shall apply. When 41... L ..1...... .~F Fl.e ..L- l l J l Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section 8-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 6/7/07) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Teas 1-800-344-8377, the Lone Star Notification Company at 1-800-669-6344, and the Verizon Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. . City Bngineer 826-3500 Project Engineer, 826-3500 Consultant-Urban Engineering Mark Maroney 854-3101 Traffic Engineer 826-3540 Police Department 882-1911 Water Department 826-1880 (826-3140 after hours) Wastewater Department 826-1818 (826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Storm Water~Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 pEP 299-4833 (361/693-9444 after hours) SBC / A T & T 881-2511 (1-800-824-4424, after hours) Signal/Fiber Optic Locate 857-1946 857-1960 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624 CenturyTel 225/214-1169 (225/229-3202 (M) ChoiceCOm (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCI( (Fiber Optic) 512/935-0958 (Mobile) A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. Section a - 9P (Revised 9/18/00) Page s of 23 However, the accuracy and completeaeea of such ia£ormation is sot guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services~in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control (NOT IISSD) na `~ -"~ ~ _._v« «L..... ......] ..L...i..l e r __ _ _ _F L..'1 F .~ il«la ~~- ...i .. ..i «L2.. ~__..-. _FF2_ .. Tor F~_~ «L_ FJ «.cL e~~ez--~ ee~de~ed std3s#~#z~.. «+-^_._F_~_ _ „_.._« A-14 Conatructioa 8quipment Spillage sad 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 The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when 'applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A - SP (Revised 9/18/00) Page 5 of 23 All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid items, therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT II38D) e€€b '~e sans€rae€~en s#€e ~-_,~ _«,,._ _...« ,. _ _« ,__.... _-- _ €eet-a€~taeable egaee ` '"" ~g-a,3g~ee3`e3<-h#e seg~eeenta6ive ""^^ "^t'~~ _ a_.. _ .., .... EenEraeteT - -- -• « F__ «,,^ _ r: _, a _«, _.. _A-16 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on working 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 also indicate the schedule of the following work items: i. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the satire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month IIpdate: Submit IIpdated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion" sad as noted above. b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Englneer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. A-19 Construction Project Layout and Control (NOT DSBD) ,.. Section A - SP (Revised 9/18/00) Pdge 6 of 23 ~.] M.. 4L... l.if. ~r a--As~~3 ..._~-- -- ~~qrs, e~ Eertsal~ant~e^=-~ ~ --- ~~ ".~ ~~s~ ., ae.. ,.__ _a ,..,...a,. « _ •. _ _ __ _~ ~ .~ .C t6. z,.....i......._ ~ __ ___ _ _ _ _ _ _ _. _ _ _ mL.~ 41~ir - C r All teats required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. SCHEDULE OF TESTING BY THS CITY: (NOT USED) section A - SP (Revised 9/18/00) Page 7 of Z3 A-20 Testing and Certification SCHBDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing fixm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory teats within a reasonable time consistent with the specified standards and shall furnish a written report-of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant . A-21 Project Signs (NOT OSBD) A-22 Minority/Minority Susiaess 8aterpriae Participation Policy (Revised 10/98) Polio It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 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, 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. Section A - SP (Revised 9/18/00) Page 8 of 23 Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persona include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Nativea,~ and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.08 of the assets or interest 1n the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.08 of the assets or interest in the corporate shares must be owned by one or more minority person(s). Controlled The prfmary 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. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.08 of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.08 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 o£ 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 50.08 of the contract work itself and in which a minority joint venture partner has a 50.08 interest, shall be deemed equivalent to having minority participation in 25.08 of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Bnterpriae (Percent) Participation (Percent) 45+k 15+k b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially Section A - SP (Revised 9/18/00) Page 9 of 23 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) (NOT DaBD) -_i.~_a.. «i.e r a ..~..as__ .. I.._.. _ a L.. a r A-24 Surety Hoads Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10~) 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 reinsurer (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10~) of the reinaurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Sach bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the IInited States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 9alea Tax Sxemptioa (NOT IISSD) Section A - SP (Revised 9/18/00) Page 10 of 23 ..a _ . 3 _, 4 _, `___ aem~iee-.v =--~alseve ~eq~~#~emen>re ""^ ^^ A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the~inaurance policy. Tha 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: Section A - 9P (Revised 9/18/00) Page 11 of 23 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 Resoonsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractormust pay all coats necessary to procure such insurance coverage, including any deductible. The City must be named additional insured on any policies p;oviding such insurance coverage. A-28 Considerations for Contract Award sad Sxecutioa To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 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 the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but #e not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and .state wage rate requirements, and contract close-out procedures. Section A - SP (Revised 9/1B/00) Page 12 0£ 27 2. Foreman, if utilized, shall have at least Eive (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the CitY• Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foremanassuming 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 Hngineer 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 Ameaded "COasideratioa of Contract° Requiremeats Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE fixms, 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 Engineerretains 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 approvedthensthehCito be substituted for or replaced during the term of the Contract, Y Engineer retains the right to approve say substitute or replacement Section A - SP (Revised 9/18/00) Page 13 of 23 subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title (e) of individual (e) authorized to execute contracts oa behalf o£ said entity. A-31 Amended Policy on Sxtra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policv on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended °8xecution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the .. City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-eid Meeting referred to is Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced apecificationa, such as the Texas Department of Public Transportation Standard Specifications for. Highways, Streets and Bridges, ASTM apecificationa, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), Section A - SP (Revised 9/18/00) Page 14 of 23 construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements f _ ,.: --- ..- ----- --- ---- - ..,a...... .^' At-Eaehmea6-~ 8. Operation of City-Owned HquiPmeat The Contractor shall not start, operate, or atop say pump. motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at say time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. 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. D. Coa£ormity 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, lubricaata, gaskets, thredd compovada, coatiaga, or hydraulic equipment. These items moat not b® used ualeea they conform with ANSI/NSP 3taadard 61 sad unless such items are iasgected oa the site by authorized City peraonael 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 "" `"'"' "' eiEe. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. Section A - SP (Revised 9/18/00) Page 15 of 23 K. Contractor Qualifications - SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to the computer-based monitoring and control system must be performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and/or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the folldwing: 1. He is regularly engaged in the computer-based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. 3. He has been actively engaged in the type of work specified herein for at least 5 years. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. 5. He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein. 7. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this ie not practical, all equipment of a given type will be the product of one manufacturer. 8. Prior perfoxmance at the O. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor shall produce all filled-out programming blocks required to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. i . ..L e e -.i J1.-ALL.... L--..i _.iS eeo-ar~,. mYL LA.... -..i ....Li-..e .L :.n.... `..L-ll L..'-ll.~.....A ems--the-gaejee~ Section A - SP (Revised 9/16/00) Page 16 of 23 A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain £ive sets (six if electrical) for distribution to City ataf£, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the 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. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City 8ngineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop teat data, and repair report, and all on-site teat data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A_37 Amended "Arrangement and Charge Por Water Furnished by the City" IInder "General Provisions and Requirements for Municipal Construction Contracts", B- 6 15 Arran ement and Charge for Water Furnished by the City, add the following: Section A - SP (Revised 9/18/00) Page 17 of 23 "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 Com eaeatioa Coverage for Suildiag or Construction Projects for Government Hatitiea The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate o£ Occuoaacy and Final Acceptance (NOT IISSD) C f.. ~~ - ~L.. ...~l...n ..l m A-40 Amendment to Section B-S-6: Partial Hatimatea General Provisions and Requirements for~MUnicipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory (NOT IISBD) _ Le -.] - ~-.... C~~ ..L~ L ~.i V ~L~... m1-' t l l ~ C.. ..R.. ...i 4L.-. ea¢ L_ A-42^ OSHA Rules & Ragulationa s It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its offlcials, employees, attorneys, and agents that directly or indirectly causes injury to an employee o£ the contractor, or any subcontractor, supplier or materialman. Section A - aP (Revised 9/16/00) Page 18 O£ 23 A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimeasione an8 Drawiags 0/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upoa 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 constrnCted. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (6) Horizoatal and vertical dimensions of existing utilities affected, crossed or fouad during the coastructioa. A-46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-COastruction ~coloratory IDccavatioas (7/5/00) (NOT II88D) rs,sra_- 8-~ Section A - SP (Revised 9/16/00) Pdge 19 of 23 A-48. Overhead 8lectrical 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/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" 18/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated soils If, during the construction, an area is suspected of ~a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. On-Site Stockpiles: Hxcess material from excavation, whether non-contaminated or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff, , and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean-soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. Disposal of Excess Non-Contaminated Soil: The balance of any non-contaminated soil not used in backfill shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor - "_ a^^~^^"°'' ~-Ee Disposal of Contaminated Soil: All coats associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, Section A - SP (Revised 9/18/00) Page 20 of 23 constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. A-52 Feacea All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work-across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costa incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an. employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. Section A - SP (Revised 9/18/00) Page 21 of 23 A-55 Access Ronda Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the PYOj eCt. A-56 Parking Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A-57 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in. the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A-58 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Harth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing duet. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld iF this provision is not Followed. A-59 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff £rom entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. See also: Section T1-E20 of the Technical Specifications, Storm Water Pollution Prevention. A-60 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is texininated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization coats. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 9/18/007 Page 22 of 23 SVSMITTAL TRANSNITTAL FORM PROJSCT: N. NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATORS (PROJECT NO. 8608) OWNBR: Cit of Co us Christi BNGINBHR: Urban En ineerin CONTRACTOR: SIIBMITTAL DATB: 3IIBMITTAL N[TM88R: APPLICA8L8 SPBCIFICATION OR DRAWING SUBMITTAL Sectio¢ A - SP (ReViaed 9/18/00) Page 23 of 23 TECHNICAL SPECIAL PROVISIONS TECHNICAL SPECIAL PROVISIONS These Technical Special Provisions amend or supplement the Technical Specifications and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE TS-1 DEFINITIONS ENGINEER - Whenever the word "ENGINEER" is used in this Contract, it shall be understood as referring to Urban Engineering Consulting Engineers, 2725 Swantner, P.O. Box 6355, Corpus Christi, Texas ?6466-6355, (361) 859-3101, or their authorized-representative. Design Specification - Whenever the term "Design Specification" is used, it shall be understood that the performance of the completed work is as designed by the ENGINEER, and the CONTRACTOR must follow the requirements of the drawings and specifications; followed the manufacturer's recommendations (material and equipment); followed industry standard procedures and provided top quality workmanship. . Performance Specification - Whenever the term "Performance Specification" is used, it shall be understood that the performance of the completed work is the responsibility of the CONTRACTOR, provided the OWNER has faithfully followed all written operational and maintenance instructions supplied by the CONTRACTOR. (The CONTRACTOR is not relieved of the responsibility for improper performance of the completed work even if there was improper operation and/or maintenance by the OWNER but it obviously was not the cause of improper performance.) In a performance specification, the CONTRACTOR is responsible for the design of the item furnished and installed by him. It is intended that the item function properly without excessive operation and maintenance being required by the OWNER. The item furnished mustincorporate the features specified but still perform as intended. The materials specified are to set a minimum standard but shall not be considered a design. If .the design furnished by the CONTRACTOR requires higher quality material in order to perform as intended, it shall be furnished at no increase in cost to the Contract amount. When minimum dimensions are specified, they shall not be considered a design. If the design furnished by the CONTRACTOR requires larger dimensions in order to perform as intended, it shall be furnished at no increase in costto the Contract amount. Work - Whenever the word "Work" is used it shall be understood as referring to all materials, supplies, machinery, equipment, plant, tools, superintendence, labor, bonds, insurance, water, light, power, fuel, transportation, royalty fees and any other facilities necessary to the proper execution and completion of the project. The Contractor shall provide an pay for all the aforementioned items. ARTICLE TS-2 ERRORS AND OMISSIONS The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed] and if correction of such errors or omissions causes an increase in Contractor's cost, Contractor shall be compensated for such increase in cost as provided elsewhere. Tech. Spec. Prov. Page 1 of 3 Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. ARTICLE TS-3 LACK OF INFORMATION If the Contractor feels that there is insufficient information in order for him to prepare his bid and/or construct the work, he is required to make a written request for additional information. The Contractor shall not use the lack of information as a basis for requesting extra compensation. ARTICLE TS-9 LAYOUT OF THE WORK The Contractor shall layout the work from the existing facilities. If,. for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the Engineer prior to deviation. If, in the opinion of the Engineer, the required deviation would necessitate a revision to the Drawings, the Contractor shall provide supporting measurements as required by the Engineer. ARTICLE TS-5 QUALIFICATIONS OF MANUFACTURER'S FIELD SERVICE REPRESENTATIVES 1. General: The technical specifications require that for certain equipment and other items, the manufacturer shall include in his cost to the Contractor specified periods of on-site time of a qualified factory field service engineer to provide certain services. Providing these services is an extremely important part of seeing that the item is installed, adjusted and serviced properly. This, in turn, will help insure that the item furnished will function as intended and have a useful, trouble-free service life. 2. Prior Approval: As part of the submittal data required, the name and complete qualifications of the person the manufacturer proposes to send as his representative must be included. The Engineer will have the right to reject any person who, in the Engineer's opinion, is not qualified to perform the required services based on the information furnished. 3. On-The-Site Rejection: In the event a manufacturer's representative, while on the job site, demonstrates (in the opinion of the Engineer) that he/she is not thoroughly qualified to perform the required services, the Engineer shall have the right to immediately stop these services. The Contractor is obligated to replace the manufacturer's representative with a person who is qualified to redo as much of the completed service designated by the Engineer and complete the remaining services. This shall be done at no increase in the Contract amount (no cost to the City). Tech. Spec. Prov. Page 2 of 3 9. Video Tapes: The City reserves the right to video tape any and all services performed by manufacturer's field service representative(s). The Contractor shall give the Engineer seven days advance notice of when services will be performed by the manufacturer_',s representative. Should the Contractor fail to provide the required advance notice, the Engineer shall have the right to reschedule services to accommodate the City. ARTICLE TS-6 TENTATIVE APPROVAL AND ALTERNATE DESIGNS 1. Alternate Design Concept: a. General: If a Contractor desires to base his bid on a concept different from that shown in the Contract Documents, it shall be said Contractor's responsibility to submit to the Engineer, 14 days prior to the date of bid opening, complete details of said concept including required modifications, if any, to existing or proposed structures. The final decision to accept or reject the alternate design concept shall rest solely with the Engineer acting on behalf of the City, with said acceptance or rejection being in writing from the Engineer to the prospective bidder no later than 98 hours before bid opening time. Time is of the essence, and failure of the bidder using a different design concept, from that shown on the drawings or described in these specifications, to submit to the Engineer complete details 19 days prior to bid opening will cause said concept to be excluded from consideration. Alternate Designs not obtaining approval prior to bidding shall not be used in the construction of this project. b. Equipment: If the approved alternate design involves equipment, the Contractor is not relieved of any responsibility regarding performance of the equipment after installation. Likewise, no extras will be paid the Contractor for any changes found necessary to adapt the alternate equipment, such as modifications to the drawings, structural or foundation changes, additional piping and valves, changes in pipe sizes, electrical alterations, or any other modifications. Tech. Spec. Prov. Page 3 of 3 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 21ST day of APRIL, 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 R.E.Rabalais Constructors, Ltd. dba Rabalais I6E Constructors termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $114,600.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: N.NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATORS PROJECT NO. 6608 (TOTAL BASE BID: $114,600.00) 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 N. NAVIGATION BLVD. PDNP STATION NSW N.O:V. ACTDATORS Project No. 3603 BASS BID Iv v I II III OMIT PRICH HID ITSN 1 SID '~ A IN PIGDR83 (QTY~_ r-rBN IINIT' DBSCRIPTION A. WATBR QDANTITIHB (SASS HID) 1 1 LS Two (2) Motor Operated Valve ~ Actuators, complete in place er LS $gl 000 81,000.00 S 2 1 SCADA Documentation and O. N. complete ramming P 600 $28 $ 28,600.00 LS , rog Stevens , in lace er LS g 1 Utility Allowance, complete in LS place per LS (MANDATORY 55,000 55,000.00 ALLOfiANCB) TOTAL HASR HID S 114 6 0 0. 0 0 (Items 1 - 3) IItiliCY hllovranco -- Contractor shall insert the figure noted in his bid proposal. This item shall. be used for unforeseen circumstances. Payment shall be negotiated for each circumstance and must be approved by the Engineer. Note: Items of work not listed on this Proposal Form necessary to complete the project as shown on the drawings and as specified are cen~iderTheir cost dshould be eincludedshen the items and there will be no separate paym appropriate bid item. Any item required on the plans and contract documents shall be paid under the 'Sppropriate bid which covers the item. .. PROPOSAL PORM PAGE 3 OP 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CAT•F*mAR 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. ATTE3T: City Secretary APPROVE,,pD AS TO LEGAL FORM: 5 I ~ By : d~'+^ Asst. City At rney ATTEST: (If Corporation) (Seal Below) (Note: If Peraon signing for corporation is not President, attach copy of authorisation to sign) `~~ ~ AUTHUR11kL ar CaUHCa.._Q~ 21 ~q SECRffARY yJN CITY OF CORPUS CHRISTI By: O^ce- 22 Yn~~ Oscar Martinez Assistant City Manager Pete Anaya, P.E. Director of Engineering Services CONTRACTOR R.E.Rab 's Co tructo~ Ltd. dba al & oast tors By: Title: ~[bL/ /-/Qg"~, P.O.BO% 10366 (Address) CORPUS CHRISTI, T7C 78460 (City) (State)(ZIP) 361/242-3121 * 361/242-2678 (Phone) (Fax) Agreement Page 2 of 2 P R O P O S A L F O R M F O R N. NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATORS Project No. 8608 DEPARTMENT OF ENGINHERING SERVICES CITY OF CORPUS CHRISTI, TEXAS AEVISHD PROPOSAL FORM PAGE 1 OF 6 P R O P O S A L Place: Corpus Christi, Texas Date: March 11, 2009 Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as R. E. Rabalais Constructors Ltd. dba Rabalais I&E Constructors T0: 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: N. NAVIGATION BLVD. PIIMP STATION NEW M.O.V. ACTIIATORS Project No. 8608 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: REVISED PROPOSAL FORM PAGE 2 OP 6 N. NAVIGATION BLVD. POMP STATION NEW M.O.V. ACTIIATORS Project No. 6608 SASE SID IV I II III V L)NIT PRICH HID ITSN EICTSNSION BID ~ ~ IN PIGUR83 (4TY & S1NIT PRICE IN PIGORES) IT,~ UNIT DESCRIPTION A. WATER QIIAN'pITIE3 (HASH HID) 1 1 Two (2) Motor Operated Valve - LS Actuators, complete in place $gl 000 $ 81,000.00 per LS ntation and O. N• 2 1 SCADA Docum g $28 600 LS Stevens Pro ramming, complete $ 28,600.00 in place per LS 3 1 Utility Allowance, complete in LS place per LS (MANDATORY $5,000 55,000.00 ALLOWANCE) TOTAL HASE BID $ 114 , 6 0 0 . 0 0 (Items 1 - 3) IItility Allovraace - t the figure noted in his bid proposal. i This item shall be used for t be d nser Contractor shall shall be negotiated for ea mus ch circumstance an unforeseen circumstances. Payment approved by the Engineer. Items of work not listed on this Proposal Form necessary to complete the project as established bid h e Note: hown on the drawings and as specified are considered as subsidiary to t hould be included in the s items and there will be no separate payment. Their cost lans and cont n the d s ract documents shall be paid p o appropriate bid item. Any item require m . under the appropriate bid which covers the ite ,. PROPOSAL PORM PAGE 3 OF 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 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 Buaineae 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 Seta 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 150 Calendar Daye from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): None Respectfully submitted: R.E. Rabalais Constructors Ltd. Name: Ctors By. (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address: PO Sox 10366 11200 Up River Rd. (P.O. Box) (Street) Corpus Christi TX 78460 (City) (State) (zip) Telephone: 361-242-3121 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) REV SSED PROPOSAL FORM PAGE 4 OF 6 P E R F O R M A N C E B O N D BOND NO. SSB382661 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY TSESE PRESENTS: THAT R.E.Rabalais Constructors Ltd. dba Rabalais I6E Constructors of NUECES County, Texas, hereinafter called "Principal", and RLI INSURANCE COMPANY , a corporation organized under the laws of the State of ILLINOIS 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 FOURTEEN THOUSAND SIX HUNDRED AND NO/100($114,600.00) 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 213T of APRIL 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: N.NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATORS PROJECT NO. 8608 (TOTAL BASE BID: $114,600.00) 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 1sT day of MAY 20 09 PRINCIPAL R.E. KABALA C U S, By: (Print Name & Title) ATTEST J 1 (Print Na e & Title) SURETY RLI INSURANCE COMPANY I&E CONSTRUCTORS ~' `, By: ~ ~ 'S O ---~ - __ Attorney-in-fact TAMI J DUNCAN (Print Name) - The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice atnd service of process is: ~~~' Contact Person: Address: Phone Number: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P O. BOX 870 _ CORPUS CHRISTI, TEXAS 78403 (361) 883-1711 (NOTE: Date of Performance Bond must not be prior to date of con trac t)(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BOND NO. SSB382661 STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: THAT R.E.Rabalais Constructors Ltd. dba Rabelais I6E Constructors of NUECES County, Texas, hereinafter called "Principal", and RLI INSURANCE COMPANY a corporation organized under the laws of the State of ILLINOIS , 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 FOURTEEN THOUSAND, SIX HUNDRED AND NO/100 ($114,600.00) 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 21ST day APRIL 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: N.NAVIGATION BLVD. PUMP STATION NEW M.O.V. ACTUATORS PROJECT NO. 8608 (TOTAL BASE BID: $114,600.00) 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 1sT day of MAY 20 09 PRINCIPAL R.E. KABALA C By: (Print Name & Tit ATTEST SURETY RLI INSURANCE COMPANY LTD. D&d~ RABALAIS I & E CONSTRUCTORS :r;, Attorney-in-fact TAMI J DUNCAN -_ - '`~~' (Print Name) <-7."~1 The Resident Agent of the Surety in Nueces Covaty, Texas, for delivery of notice aad service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY COIItaCt P@r8on: MARY ELLEN MOORE Addr@88: P.O. B X 870 Phone Number: CORPUS CHRISTI, TEXAS 78403 (361) 883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 RLI ® ALI Surety P.O. Boz 3967 ~ Peoria, IL 61612-3967 Phone: (800)645-2402 ~ Fax: (309)689-2036 www.rlicorp.com Know All Men by Tbese Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Mary Ellen Moore. R. M. Lee. H. M. Cantwell Amy Shumate. Tami J. Duncan. jointly or severally. in the City of Comus Christi ,State of Texas its trne and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regulazly elected officers of this Company. The RLI Insurance Company further certifies that the following is a trne and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Boazd of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 5th day of Sentember 2008 ouwurrr.,, ~yipp'NCECO"'.,, RLI Insurance Company State of Illinois l - •'• ~ E `~ L;' ` By: ...-.. S SS .,• :: Roy C. Di Vice President County of Peoria J 5 ` CERTIFICATE On this 5th day of Sentember 2008 ,before me, a Notary Public, personally appeared Rov C. Die ,who being by me duly sworn, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and acknowledged satd instmmeu[ to be [he voluntary act and deed of said corporation. By, rlcQe.G. Jac eline M. Bocl~ r Notary Public ~`,u.! "OFFICIAL SEAL° nac ?'mom E JACQUELINE M.60CKLER e,~rtas ~~ COMM13310N E%PIRE303/01/10 I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify [hat the attached Power of Attorney is in full force and effect and is irtevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this lsTdayof MAV 2009 . RLI Insurance Company By: .....- Roy C. D' Vice President 424]801030170 A0059207 ADrvi.rian ~RIJInsurance Company 909 Iske Carolyn Parkw~, Suite 600 lrving,'I7C 75039 RLI ~` s°`~ Phone' (972) 241.7737 Pmc: (972) 241-6225 IlVIPORT.ANI' NOTICE To obtaia information or make a complaint: You may call RLI Insurance Company's toll free telephone number for information or to make a complaint at _1.800-331-4929 You may also write to RLI Insurance Company at: 909 Lake Carolyn Parkway, Suits 800 living, T7C 75039 FAX # (972) 241-6225 You may contact the Texas Aeparunent of Insurance m obtain information on companies, coverages, rights or complains at 1-800-252-3439 You may write the Texas pepatimcnt of Instuanco P. O. Box 149104 Anson, TX 78714-9104 FAX # (512) 475-1771 PIt.El17;[Cll-~ OXt CCt.AIM DYSPUTESt Should you have a dispute concerning your premium or about a claim, you should contact RLI Insurance Company Srst. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO XOIIit 2'OLICX': This notice is for information only and does not become a part or condition of the attached document. CITY OP CORPOS CRRI STI DZSCLOSIIRE OP INTERHSTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". pIRM N~{g; R.E. Rabalais Constructors, Ltd. dba Rabalais I&E Constructors STRHET: 11200 Up River Rd. "CITY: Corpus Christi y=p; 78410 PIRM ia:l. Corporation ^ 2. Partnership ® 3. Sole Owner ^ 4. Association ^ 5. Other ^ DISCLOSIIRB QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee^ of the City of Corpus Christi haviag as "ownership interest" conatitutiag 3$~or more of the ownership is the above named "firm". Name Job Title and City Department (if known) 2. State the names of each °official" of the City of Cozpus Christi having as "ownership fate rent" constituting 39s or more of the ownership is the above named "firm^. Name Title N/A - ---- --- 3. State the names of each "board member" of the City of Corpus Christi haviag an "ownership interest" conatitutiag 3Ys or more of the ownership is the above gamed "firm". Name Board, Commission or Committee N/A - 4. State the names of~eaeh employee or officer of a "consultant" for the City of Cozpua Christi who worked oa say matter related to the subject of thin contract sad has.aa ^ownership interest" constituting 3't or more of the ownership in the above named "firm^. Name Consultant N/A -- CERTZPZCATB I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Kevin Sharp Title: Vice President Type or Pr ) Signature of Certifying Person: R Date: 03/11/09 REVxse~ PROPOSAL FORM PAGE 5 OF 6 DEFINITIONS a. "Board Member'. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm'. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce ordeal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation; are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. REVISED PROPOSAL FORM PAGE 6 OF 6 ACORD CERTIFICATE OF LIABILITY INSURANCE oRP~IDIENCEiH DAoa ze o) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantner 6 Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 670 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-0870 Phone:361-883-1711 Fax:361-844-0101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: New Ham shire InallranC@ CO 23641 R.E. Rabalais Constructors,Ltd / INSUaeae: Southern Insurance Com an 19216A dba Rabalais I6E Constructors INSURER C: Texas Mutual Insurance Co 22945 Attn: Kathyy Richard PO Hox 103b6 INSUaeao: Illinois National Ina Co 23817 Corpus Christi TX 78460 ___ _ _ _ _ _____ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W RICH 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 MAV HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMmO LIMITS GENERAL LIABILITY EACH OCCURRENCE $2,000 DDD A X COMMERCIALGENERALLIABILITY 3792169 10/Ol/OB 10/01/09 PREMISESEeecareeca E200,000 CLAIMS MADE X^ OCCUft ~ MEO EXP (Any one person) $ 5D DDD X Blanket Contractl PERSONAL BADV IWURV E1,000, DDD X XCU; Products GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000, DDD POLICY X PRO LOC JECT Em Ben. 1 DDD DDD AUT OMOBILE LIABILITY ~ COMBINED SINGLE LIMIT $ 1 DDD DDD $ X ANY AUTO BAP563551101 10/Ol/O8 10/01/09 (Ee accitlen0 r r ALL OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-0WNED AUTOS (Per ecddenl) PROPERTY DAMAGE (Per acdtlen0 $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGG E EXCESSNMBRELLA LIABILITY ~ EACH OCCURRENCE $15,000, DDD D X OCCUR ~CLAIMSMAOE BE4891145 10/Ol/O8 10/01/09 AGGREGATE x15,000,000 $ DEDUCTIBLE $ X RETENTION $lOOOO $ WORKERS COMPENSATION AND S ' X TORY LIMITS ER C LIABILnY EMPLOYERS TSF0001183839 10/Ol/O8 10/01/09 E L EACHacclDervr sl DDD DDD ANV PROPRIETOR/PARTNEfUEXECUTIVE . . ~ r OFFICER/MEMBER EXCLUDED? / E.L. DISEASE-EA EMPLOYEE 31,000,000 It yes tlesaibe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $1 DDD DDD OTHER / E Inst/Ecg~t Floater d QSIHU0001276 10/O1/O8 10/01/99 Each Inat 750,000 )/ c/ Rnt/Lad 500 000 DES CRIPTION OF OPEMTIONS I LOCATIONS / VEHIC LES I EXCLUSIONS ADDED BV ENDORSE MENT /SPECIAL PRO VISIONS Project: N. Navigation Blvd. Pump Station New M.O.V. Actuators The City of Corpus Christi is named as Additional Insured on all general liability (GL) and all automobile liability (AL) policies. CERTIFICATE HOLDER CANCELLATION CICC_C~ SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE~TFIE EXPIRATION ' DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O OAVS WRITTEN City Of COrp11S Chr].atl / NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering S@rV1CE1S ., IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THEINSURER, ITS AGENTS OR Contract Administrator P.O. BOX 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 au oan:DRE r I E 25 (2001108) ©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 (2001/08) THIS ENDORSEAAENT CHANGES TIDE POLICY. PLEASE READ IT CAREFUELY, ENDORSEMENT fk This endorsement, effective 12:01 A.M. forms a part of Policy No. 3792169 % issued to R. E. Rabalais by New Hampshire Insurance Co. W ,ADDITIONAL INSURED - VdHERE REQUIRED UNDER CONTRACT OR AGREEAAENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II - bVho 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 of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. ~~5%e ~ r AUTHORIZED REPRESENTATIVE 61714 (9/01) POLICY NUMBER: GL 379-2t-69 / Insured: R.E. RabaLsis Constructors, Ltd. ~f~'PHIS Ent®ORSEMENT CHANGES THE POLICY COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 PL[ASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Th16 endorsement modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART SCN&DULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT Ilf no entry appears above, information required to complote this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or orgamzation and included in the "products-completed operations Hazard". This waiver applies only to the person or organization shown in the Schedule above. / ~~ ~ ~~ Aut orized Representative CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 L7 INSURED'S COPY POLICY NUMBER: l3f11?5(~3_`r5fl.]0]. ~ 6rOWi1NERCiAL AUT(7 l:A FYOB1 06 07 ~rc-osw EN~t~~R~~:~EN ~ ~o-a~~~~~ ~~~a~ o-roc~~..ec;v. ~~~.~A~E ~~A~~ a~o-~ a;~mR~-~o-.fo-_~-~. This endorsement modifies insurance provided raider the following: [3USINESS AUl'O COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect io coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Countersigned By: _ -- --~~-Oi--88 -~ i Named hisured: / ___ K.E. Raiba].ais Constructors, Ltd. _ __ (Authorized Representative rCHEDUI.E "Any cert.ifa.cate holder: or other }tarty who is required },y written conL'raCt, agreement br permit. to be added as an Additi.oyral Insured to the named insured's Automobiae Liab:iJity coverage. .U ,~~ .~~ ~~,.~y GrJr/CGIJ GUVVC, ununnauon regwrea re complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not regrrirod to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to Nits insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA R041 06 07 Includas copyrighted material of Insurance Services Office, Inc., Page 1 of 1 U with its permission POLICY NUMBER: GL 379-zt°6tq b/ CO{VIMERCIALGENERAL LIABILITY Insureds R.E. Rabelais Cons ructors, Ltd. ,/ CO p2 24 10 93 Effective Date.aU/O1/U87 _ ~ 'PHIS ENf~ORSEMEN`P CHANGES T'HE POLICY. PLEASE REA® 1'P CAREFULLY. EARLIER IV®TiGE ®F CANCELLATI®N PR®1V1®E® ~l( IJS This endorsement modifies insurance provided under the following: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notioe _60 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayyment of premium, the number of days required for notice of cancellation, as provided in paragraph Z. of eiYhar the CANCELLATION Common Policy Condition or as amended by an applicable state canceNation endorsement, is increased to the number of days shown in the Schedule above. ~, a Aut rized Representative CG 02 24 '1093 Copyright, Insurance Services Office, Inc„ 7992 Page 1 of 1 ~1 INSURFD'S COPY POLICY NUMBER: BAT, 86355x1. o:i /, aa;311fi61RL:FF9~lAL. AUTB.1 fl.l~ Q2 ~A f)ti 0~8 7~C-0B~ ~ft9~~~6•t ~~~fl~Rl`Y S;{-0c~Pd~~:~'~'~0~ I~~fl_9~:~'. ~tm~~~~ I~~~~ @l~ ~A~~F~~A,~. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Witt) respect to coverage provided by this endorsement, the provisions of the Coverage Forrn apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless ar}other date is indicated below. Endorsement Effective: Countersigned B ~ .~,.,~ 70/07/2008 Named Insured: / R. E. RABALA75 CONSTRUCTORS, l.fD• / )e„~ti...:-,,,.~o,.______._.:.._. SCPiEf)UL,E Number of ~ay5' Notice 3 0 Name 09" PerSrsn C)r CBYganlaatlmn }3I,ANKET LAddr05s X Corpus Chri.:;t.i., TX 713960 *EXCEPT 7.0 1)AXS ]:N THE EVENT OF NON-YAYMEN'1' OF pREMIC7M AIQY CER'I'.T FI CAa'E: 19007 DER WHO REQU71tE5 BY YJltl'1'4'F:N CONf!'RACT WITH THE NAMED IN U}:Ell TO 19AV6: ;i(TCH GIVF'N AND E'OR WHOM A (:1?lt'I'I P'I('Al'N TS ON F:CGF. WITH THLI AGI?NT. ~~ (,~~, N~noy ~, cdncciru or ma)enany cnangea 9o reouce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. GA 02 AA 06 04 (c) ISO Properties, h7c., 2003 Page 7 of 9 O 1 ~~ WORKERS° COMPENSATION AND E,...~LOYERS LIABILITY INSURANCE POLICY InsutanceCanP~Y ~l/~ 42 06 ®~ TEXAS fiIOTICE OF MATERIAL CIiAIVGE ENDORSEMENT This endorsement applies only to 4he insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 y 2. Notice will be mailed to: CITY OF CORPUS CHRISTI P O BOX 9277 CORPUS CHRISTI, TX 78469-9277 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 following "attaching clause" need be completed Doty when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on October 1 , 2008 / at 12:01 A.M. standard time, forms a part of V Policy No. TSF-0001183839 20081001 of the Texas Mutual Insurance Company Issued to R E RABALAIS CONSTRUCTORS LTD DBA: RABALAIS 1 & E CONSTRUCTORS Premium $ 0.00 J WC420601(ED. 1341 Endorsement No. 5 ~ Q.~°-~ Authorized Representative AGENT'S COPY PAROMERO 3-10-2009 .. .. P• O WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY V/ilC 42 ®3 04 ~ TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ( ) Specific Waiver Name of person or organization Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 .00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE . 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 following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on ~ at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001183839 20081001 of the Texas Mutual Insurance Company Issued to R E RABALA I S CONSTRUCTORS LTD DBA: RABALAIS I & E CONSTRUCTORS Premium $ Endorsement No. ~r ~ 4~ .~..__.~ Authorized Representative WC4T0304A (ED. 1-01-2000) AGENT'S COPY BSBUHAV 10-07-2008 CxENERAL ENDORSEMENT Name of person or organization insured Date this endorsement takes effect _ 05-06-pg _,._ F.ndoesement Number _ Tan Policy Number QSI l~Zb _ _ _ _- Policy Period 1 Q..OI-OA to 0-0 -(] 1~ Builders' Risk /Installation Floater Name of Company issuing this endorsement near, Sra.th Snrn7 na of Tnaa~ _L_P_ (We will not tiU in the above unless we issue this endorsement after we issue your policy) In consideration of no change in premium, add the following as an additional insured: City of Corpus Christi: Department of Engineering Services P.O. Box 9277; Attn: Contrtact Administrator Corpus Christi, TX 78469-9277 Should the above described policy be cancelled or materially changed before the expiration date thereof, the issuing company will mail 30 days written notice to the above named. m Signature: ~_ _. - _ -.. Authorized Agent .4'I"TACI~MEIVT 4 lofl ICTC-GL00