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HomeMy WebLinkAboutC2009-245 - 6/9/2009 - Approvedn, n r~ ,. ~~ ;, ~, ~. ~. ~. ' -' ~. r~ i. ,. ,,, 4~ ~. U 1"- 1' ,. - u ~ e u . 2009-245 M2009-158 06/09/09 R.S. Black Civil Contractors S P E C I A L P R O V I S I O 1, S P E C I F I CAT I O N S A N D FORM S O F C O N T R A C T S & B O N D S F O R POWER ST. PUMP STATION 2 00 9 IMPROVEMENTS April, 2009 PREPARED FOR: ~~~~~~ i S~P~~~~~'q'p*lt- i*' '*~ i * .:.......:...............:...~ s MARK A..MARONEY j,o.~~••~62015 190'•9 is '~~1 1 FF ~c,_..~ ~ ~°~ ~~~ ::~~ uRSa~ ENGINEERING 2725 Swantner St. CORPUS CHRISTI, TX 78904-2832 (361) 859-3101 FAX (361) 859-6001 U.E.JOB N0.36688.A8.01 PROJECT NO.: 2315 DRAWING NO.: STO-539 (Revised 7/5/00) POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT NO. 2315 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May, 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Ccverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-B id Meeting A-Z 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-13 Area Access and Traffic Control A-i9 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials r,~"-,~~-ld ^€€=ec (NOT USED) A-18 Schedule and Sequence of Construction ^•~ (NOT USED) A-20 Testing and Certification A-27. Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (devised 7/5/00) A-29 Surety Bonds ^~cmct~ NO LONGER APPLICABLE (6/11/96) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-39 Precedence of Contract Documents (+, =~+ ~-• (NOT USED) A-36 Other Submittals (Revised 9/18/00) 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 '~Ge.rE~€Teate ~ (NOT USED) A-40 Amendment to Section B-8-6: Partial Fs t.imates "''°' ~c r. (NOT USED) _ -r A-92 OSHA Rules & Regulations A-93 Amended Indemnification 5 Hold Harmless (9/56) .A-94 Change Orders (9/26/°9) A-95 As-Built Dimensions and Draiai ngs (7/5/00) A-96 Disposal of Highly Chlorinated Water (7/5/00) 97 '~ ~~~ A-98 Overhead Electrical [9ires (7/5/00)1« A-99 Amended "Maintenance Guaranty" (8/29/00) A-50 Technical Special Provisions A-51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A-59 Security A-55 Access Roads A-56 Parkinq A-57 Noise Control A-58 Dust Control A-59 Temporary Drainage Provisicns A-60 Amended Prosecution and Progress (NOT USED) - TECHNICAL SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021010 - Project Signs PART T - TECHNICAL SPECIFICATIONS 01011 - Equipment Documentation Requirements 02827 - Hydraulic Slide Gate Operator 02830 - Standard Gate T2-I2 - Aluminum Ornamental Picket Fence 3A1[1] - Concrete Formwork Scope 3A2 - Material 3A3 - Construction Methods 3B1[1] -- Concrete Reinforcement Scope 3B2 - Material 3B3 - Construction Methods 3C1[1] - Normal Weight Aggregate Concrete 3C4[1] - Concrete Structures SA1 [1] - Structural Steel and Other Metals 8K1[1] - Glass Block Windows 11950 - Integrated Access Control System 13C1[1]- Modifications/Rehabiiitation for Debris Removal 13C2 - Modifications/Rehabilitation for Mechanical. Bar 13C3 - Modifications for Conveyor 13C9 - Modifications for Metal Fence Extension 15050 - Basic Materials and Methods 15140 - Supports and Anchors 15170 - Motors and Motor Controllers 15240 - Sound and Vibration Control 15290 - Duct Insulation 15530 - Refrigerant Piping 15671 - Air Cooled Condensing Units 15854 - DX Fan Coil Unit 1588]. - Air Distribution Devices 15885 - Air Filters 15890 - Metal Ductwork 15910 - Ductwork Accessories 15951 - Controls 16010 - Electrical General Requirements 16170 - Grounding and Bonding 10902 - Electrical Wiring Systems System Screen LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for POWER ST. PUMP STATION 2009 IMPROVEMENTS, PROJECT NO. 2315, consists of debris conveyor improvements, bar screen rehabilitation, installation of a security access slide gate system, minor metal fence improvements, installation of HVAC system to the main pump station building 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 April 29, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting will be held on April 22, 2009, beginning at 2:00 p.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. A bid bond in the amount of 5°s of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered, Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00).which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engrg. Services /s/ Armando Chapa City Secretary Revised '//S/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCB COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATH Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' 410RKER5' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED ® NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements ® REQUIRED ^ NOT REQUIRED Page 1 of 2 ^ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^ The name o£ the Project must be listed under "description of operations" on each certificate of insurance. ^ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section H-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Adminiatratos at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER il0 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The follewing words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of instrance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building orconstruction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code; §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. ~~ (7) Persons providing services on the project ("subcontractor m §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies; motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perfornr services on the project. Page 2 of 11 "Sevices" 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 foodPoeverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts; and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage inay subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications; all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the conh~actor 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 standards of documentation: Attached Gra hie Page 3 of 1 I (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 covcrage showing extension of coverage, if the coverage period shown on the contractor's cunent certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and tcxt in at least 19 point nonnal Type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shoNm 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 arty 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 rite 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 begimting work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require. each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the. project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or constn~ction 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 carvers 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, §4Q). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors; partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or afrer 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 T28S110.110(d)(7) "REQUIRF,D 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. " "Coll 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 caver•age, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for• the person's or• entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the 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 per forming 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 ha.s 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 classif cation codes and payroll amounts anditling of any coverage agreements, which meets the statutory r•equirensents 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 frorn each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the conb~actor, 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 I 1 F The contractor shall retain all required certificates of coverage for the duration of the project and for• one ~-ear thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of nny person providing services on the project. K The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report luck of coverage. 1 The contractor shall conhactually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its• employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is heing 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 dzration 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; (i) retain all required certificates of coverage on file for the dw•ation of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have lazown, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they ar•e providing services. J By signing this conhact ar• providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be,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 contractw• which entitles the governmental entity to declare the contrac! void if the canh-actor does not remedy the breach within 'ten days cf er receipt of notice of breach from the governmental eiuity. Page 11 of 1 1 SECTION A SPECIAL PROVISIONS POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT N0. 2315 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiviag Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, April 29, 2009 Proposals mailed should be addressed in the following manner: Ci`_; c_ ___ _ ^_'.^ cti City Secretary's Office ["_`;• _ _ _ ^"'___ City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: HID PROPOSAL - POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT NO. 2315 No additional or separate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description o£ Project This project consists of debris conveyor improvements, bar screen rehabilitation, installation of a security access slide gate system, minor metal fence improvements, installation of HVAC system to the main pump station building and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of fuads: 1. Total Base Bid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A ~~ SP (Revised 9/18/00) Page 1 of 29 A pre-bid meeting will be held on Wednesday, April 22, 2009, beginning at 2:00 p.m. She meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 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 HVAC System: This item shall be measured as a Lump Sum. This item shall include all work required to provide the new HVAC system, remove the existing units and block up openings and any other related items not measured under another bid item, complete in place as outlined in the plans and contract documents. Access Slide Gate and Integrated Control System: This item shall be measured as a Lump Sum. This item shall include all work required to construct the installation of integrated access control system including providing and installing the slide gate, gate operator, safety loops, control system, concrete, electrical and any other related items not measured under another bid item, complete in place, as outlined in the plans and contract documents. The current supplier for the City Automatic Gate/Card Reader System is: Total Protection Systems, Matt Donnell (361) 289-2788. Electrical Contractor shall coordinate and assist the supplier with installation of conduit, wiring and concrete work. Total Protection Systems shall provide and install all components for a complete and functional system, including the slide gate and operator. Bar Screen Area Improvements: This item shall be measured as a Lump Sum. This item shall include all work required to rehabilitate the existing mechanical bar screen, modifications to existing conveyor and modifications to existing fence and any other related items not measured under another bid item, complete in place as outlined in the plans and contract documents. 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. Ztems Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 5$ Bid Boad (Must reference Power Street Pumo Station 2009 Imorovementa, Pro iect No. 2315 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Hank will also be acceptable.) Disclosure of Interests Statement Requirements as stated in Items A-28, A-29 and A-30 of Section A-Special Provisions. A-6 Time o£ Completion/Liquidated Damages The working time for completion of the Project will be 90 Calendar Days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Section A - SP (Revised 9/18/00) Page 2 Of 24 Days Allocation for Raia The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of 90 Calendar Days, as detailed elsewhere i n the contract documents . Damages for exceeding the total tim e allotted shall be independent o f 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 ghat 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 Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-S Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. Section A - SP (Revised 9/19/00) Page 3 of 24 A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction shall apply. .n`=r"=r~.-^~" =mot 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 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1- 800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer 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 AEp 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) Section A - SP (Revised 9/18/00) cage 4 of 24 ACSI (Fiber Optic) CenturyTel ChoiceCOm (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-12 Maintenance of Services 887-9200 (Pager 800-724-3624 225/214-1169 (225/229-3202 (M) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972/753-4355 The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate. such underground features sufficiently in advance of his operations to preclude damaging. the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain. the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Whereexisting sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access sad Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A_-14 Construction Equipment 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 Section A - SP (Revised 9/18/00) Page S Of 24 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 Hxcavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site 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 USED) a-b=e sgaee E r F A-18 Schedule and Sequence o£ Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month IIpdate: Submit Updated Construction Progress Schedule to show actual progress o£ each stage by percentage against initial Schedule. Section a - SP (Revised 9/18/00) Page 6 of 24 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" and 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 Engineer 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 Coatrol (NOT USED) Section A - SP (Revised 9/18/00) Page ~ of 24 All tests 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 THE CITY: (NOT USED) SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor -shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than i0 days before off site inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A-21 Project Signs The Contractor must furnish and install one (1) Project sign as indicated in Section 021010 of the Standard Specifications. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the Engineer Consultant. Section A - SP (Revised 9/18/00) Page a of 24 A-20 Testing sad Certification A-22 Minority/Minority Business Enterprise Participation Policy (xevisea io/se) Polic 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. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, andshare in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0°s of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A- joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and Section A - sP (Rev iSed 9/18/00) Yage 9 of 24 direction. The degree to which a joint venture may satisfy the stated MBE goal .cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0°s of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. 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 Enterprise (Percent) Participation (Percent) 45~ 15~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "NO surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company Section A - SP (Revised 9/18/00) Page to of 24 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 reinsures (s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsures may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsures authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsures that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsures must be listed in the Federal Register as holding certificates of .authority on the date the bond was issued." A-26 Sales Tax Exemption (NOT USED) / '3 X12} r A-26 Supplemental Ineuraace Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement. to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 9/16/00) Pane 11 of 29 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3: Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, .save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such inj ury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractor must pay all costs necessary to procure such insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award sad Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Section A - SP (Revised 9/18/00) Page 12 of 24 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the 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 is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present on the job site at all times that work is being performed. 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; Section A - SP (Revised 9/18/00) Page 13 of 24 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its parti cipation 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 Eollowiag 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 (a) authorized to execute contracts oa behalf of said entity. _ A-31 Amended Policy oa Extra Work sad Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. Section A - SP (Revised 9/18/00) Page 14 of 24 A-32 Amended "8xecution of Contract" Recuiremeats 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 o£ 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-Hid Meeting referred to is Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) Section A - SP (Revised 9/i8/00) Page 15 Of 24 eN_ ,.a Fx. ' ...1, .: F:. t ' --a=F^.. - ~ E 'E ' ~-Y s a e m e „ _ 7 ~ ,.a ..A h ` .-F e.rm •fl~ L... .. L.l .-. ~aT Fnt 1... .: w~. Section A - SP (Revised 9/18/00) Page 16 0£ 24 A-36 Other Submittals Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, etc. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the 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, Section A - SP (Revised 9/18/00) Page 17 of 24 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 Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related eauioment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B_ 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "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." R-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (Not IIaed) ~f fir Section A - SP (Revised 9/18/00) Page 18 of 24 A-40 Amendment to Section 8-8-6: Partial Bstimates 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 IISED) es '3. a .~~ v.e A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification ~ Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 Aa-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. Section A - SP (Revised 9/18/00) Page 19 Of 24 (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A-46 Disposal of Highlv 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-Construction 8xploratory 8xcavationa (7/5/00) (NOT USED) r vT .. L....: F 4.-. f_... F.~v. ..l :l +4 cri :l, ..l- . L ~i 41.E 8v u u.,.. ... ..a A-48 Overhead Slectrical 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. Section A - SP (Revised 9/18/00) Page 20 of 29 A-49 Amended "Maintenance Guaranty" (a/z4/0o) 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: 1. 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. 2. On-Site Stockpiles: Excess 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. 3. 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 at the designated disposal site. 6. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, 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. 7. 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 Section A - SP (Revised 9/18/00) Page 21 of 29 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 costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-55 ACCe6s ROada 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 Project. 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. Section A - SY (Revised 9/18/00) Page 22 of 24 A-57 Noiee 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 Duet Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth 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 dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or. new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this proviaioa ie sot followed. A-59 Tem orarv Drainage Provisioae Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. A-60 Amended Prosecution sad Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. Section A - SP (Revised 9/18/00) Page 23 of 24 SUBMITTAL TRANSMITTAL FORM PROJECT: Power St Pump Station 2009 Imnrovemeats Project No 2315 OWNHR: City of Corpus Christi ENGINEER: Urban Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NVMBER: APPLICABLH SPHCIFICATZON OR DRAWING SUBMITTAL Section A - SP (Revised 9/19/00) Page 24 Of 24 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 Engineeri rg Consulting Engineers, 2725 Swantner, Corpus Christi, Texas 78904-2832, (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 EDIG INFER, 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 install c-d by him. It is intended that the item function properly without excessive operation and maintenance being required by the OWNER. The item furnished must incorporate 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 requ.i res 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 cost to 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 'rho 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, Cor.t ractor 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 net discovered or reported by the Contractor prior to consr ru coon 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 ccmplete the project ready for its intended ^se. ARTICLE TS-3 LACK OF INFORMATION I£ the Contractor feels that there is insufficient information in order for him to prepare his bid and/cr 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 request i.ng 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 Che City. ARTICLE TS-6 TENTAT P/E APPROVAL AND AL'PERNA'1'E DESIGNS 1. Alternate Design Concept: a. General: If a Contractor desires to base his bid on a concept different from thzt shown in the Contract Documents, it shall be said Contractor's responsibility to submit to the Engineer, 19 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, Che 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 Co the drawings, structural or foundation changes, additional piping and valves, changes in pipe sizes, electrical alterations, or any other modifications. Tech. Spec. Prov. gage 3 cf 3 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 9TH day of JUNE, 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.S.Black Civil Contractors, Inc./Machinery 6 Materials, Inc. (Joint Venture) termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $177,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: POWER ST. PUMP STATION 2009 IIMPROVEMENTS PROJECT NO. 2315 (TOTAL BASE BID: $177,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor' and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT NO. 2315 SASE .BID I II III IV V BID QTY 6 UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY 6 UNIT PRICE IN FIGURES) 1 1 V H AC System, complete in place ~ LS per LS a S 2 1 Access Slide Gate and ' LS Integrated Control System, complete in place per LS 9 S ~~~~b`[?Q 3. 1 Bar Screen Area Improvements, LS complete in place per LS -S 9 1 Utility Allowance (Mandatory LS Allowance), complete in place per LS 7,000 $7,000.00 $ ~Q TOTAL HASE HID ~ p ~ n .. (Item 1 through 9) ~ /V 4aL' ~1~jaad.~ PROPOSAL FORM PAGE 3 OF 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 CALENDAR DAY3 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. ATTE J City Secretary APPROVE'DArAS TO By: ~NY ~ Asst. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPU3 CHRISTI By: 0~~-n ~ - Oscar Martinez Assistant City Manager By: Pete Anaya, P.E. Director of Engineering Services R.S.Black Civil Contractors, Inc./ Machinery 6 Materials,Inc. (Joint Venture)/~ Title: (~F=~-/(,,P~}p ,~~,q,`~~ P.O.BOX 6218 (Address) CORPU3 CHRISTI, TX 78466 (City) (State)(ZIP) 361/242-3187 * 361/242-3188 (Phone) (Fax) eT COUNCIL ..~.`Y~Q~..~ Agreement ~ SECRE(ARY ~` Page 2 of 2 <_ P R O P O S A L F O R M F 0 R POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT NO. 2315 DEPARTMENT OF ENGINEERING SERVICES CITY OE CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 6 P R O P O S A L Place: Date: ~-L9-D9 ~ • S • ~ ~C.IC G 1V / L CO /V "T~~-D~T/ /n/C Proposal of /I1A('i.~,elL'¢Ny /~'lA~'~~iALS /NG ~C-Yi/~ ~/ ,G~~ a Corporation organized and existing under the laws of tkie State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT NO. 2315 at the locations set out by the plans and specifications and in strict accorde.nce with the contract documents for the following prices, to-wit: PROPOSAL FORM PAGE 2 OF 6 POWER ST. PUMP STATION 2009 IMPROVEMENTS PROJECT N0.2315 BASE BID ~ II III IV V HID QTY S UNIT PRICE SID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIC•URE3 (QTY S UNIT PRICE IN FIGURES) .Z.~~~ / 1 1 HVAC System, complete in place LS per LS e S 2 1 Access Slide Gate and LS Integrated Control System, com lete in place per LS ~ S ~9 ~a~CQ ~ 3. 1 Bar Screen Area Improvements, ~ ~ LS complete in place per LS S 9 1 Utility Allowance (Mandatory LS Allowance), complete in place per LS 7,000 $7,000.00 GS TOTAL HASE HID $ p`,~ (Item 1 through 4) ~ /V ~1 ~j C} aGr ~~ PROPOSAL FORM PAGE 3 OF 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Hond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of St 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 forthas liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Bngineer, 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 90 Calendar Days from the date designated by a Work Order. Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. The undersigned furtherdeclares 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): Respectfull submitted: ~7 Name: F~o®B~r' S. o Tll' B}'` O6Ld~ S ~PBL~~ (SEAL - IF BIDDER IS ~ (SIGNATURE/) a Corporation) Address: ~D,~b,Y ~ZI$ (P.O. Box) (Street) G-C. 7~ 7~~ (Ci~ (State) (Zip) Telephone : 24Z -3187 NOTE: Do no[ detach bid from other papers. Fill in with ink and submit complete with attached papers. (Bevis@8 August 2000) PROPOSAL PORM PAGE 4 OF 6 P E R F O R M A N C E B O N D BOND NO, 104993889 STATE OF TEXAS § COUNTY OF NUECE3 § KNOW ALL BY THESE PRESENTS: THPaT R.S.Hlack Civil Contractors, Inc./ Machinery 6 Materials Inc ('oint venture) of NUECES County, Texas, hereinafter called "Principal", and TRT+VFT FR A ^AT TV AND RRFTY C'OMPA T1' nF AMFRT(`A , a corporation organized under the laws of the State of coNNECTZCVT , 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 SEVENTY-SEVEN THOUSAND AND NO/100($177,000.00 ) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH of JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: POWER ST.PUMP STATION 2009 IMPROVD PROJECT NO. 2315 (TOTAL BASE BID: $177,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WfiEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 12TH day Of JUNE ZO 09 R.S. BLACK CIVIL CONTRACTORS, INC./ MACHINERY S~]ATERIALS. INC.. JOINT ' By: Name & Title SURETY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA :, _ The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Per3on Address: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361-583-1711 (NOTE: Date of Performance Bond must not be prior to date of con tract)(Revised 3/08) r~ O:: - -„ r £,. Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § BOND NO. 104993889 KNOW ALL BY THESE PRESENTS: THAT R.S.Black Civil Contractors, Inc./ Machinery S Materials Inc. (Joint venture) of NUECES County, Texas, hereinafter called "Principal", and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ,a corporation organized under the laws of the State of coNNECTICOT ,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 SEVENTY-SEVEN THOUSAND AND NO/100 ($177,000.00)DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 9TH day JUNE 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: POWER ST. PUMP STATION 2009 IMPROVP PROJECT NO. 2315 (TOTAL BASE BID: $177,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 12TH day of ,NNE 20 09 PRINCIPAL nmmuam & T SURETY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By: Attornen-fact MARY ELL N MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY COII tact P@r80A: MARY F.T.T.F.N MOOR F. Address: P.o. sox 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 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 R.S. BLACK CIVIL CONTRACTORS, INC./ TRAVELERS/~ POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surely Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity a`nd Guaranrty Company Attorney-In Facl No. 220$38 Certificate No. O O ~ 6 v1 ~ ~ G KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under [he laws of [he Stale of New York, [hat SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under [he laws of the Stale of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under [he laws of [he State of Connecticut, that United Slates Fidelity and Guaranty Company is a corporation duly organized under the laws of [he State of Maryland, [ha[ Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of [he State of Iowa, and that Fidelity and Guazanty Insurance Underwriters, Inc. is a corporation duly organized under the laws of [he State of Wisconsin (herein collectively called [he "Companies"), and that [he Companies do hereby make, constitute and appoint R. M. Lee, Mary Ellen Moore, H. M. Cantwell, Amy Shumate, and Tami J. Duncan of the City of he a5 E13fiSti , Smte of , [heir tme and lawful Attorne s an-Fact, Texas YO ' each in [heir separate capacity if more than one is named above, m sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in [he nature [hereof on behalf of the Companies in their ¢usness f guaranteeing the fidelity of persons, guaranteeing [he performance of contracts and executing or guaranteeing bonds and undertakings required or pepp{~~edin anya&[ons or prgceedings allowed by law. ~ '> +, a" IN WITNESS WHEREOF, [he Companies have caused this ms[nt~to be sJ~neiy aid ~h@31•. corporate seals to be hereto affixed, [his 17Sh day of October 2008 ~ - - ~ ~ ~~,.`~ t`, a? s "£°"~ Farmin ton Casuall C r" -' g Y QrU,tbaJay SL Paul Guardian Insurance Company Fidelity and Guaranty 7nsurapcp, Conlparq 5 ~ St. Paul Mercury Insurance Company Fidelity and Guaranty InsuignPCe'Ylnderwrlfers, Inc. 1Yavelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company ~ LPBU1Ew 3alfrY PE O 4 PM..IFSp OP 1M5 yq tY P 000 r p 4 'Y a y0.' 9 J...........{ sYC ~JdPNr3 '~ 1983 O y~ P>OROP~t 4' C • 9 ° 6 r ~ Y977 t® S7 I927 ~ .'~~~co~ °'R i Ga^vaa<r ~ xunwro, ~tnxnaml 5 ~O q ~~ y ~BSt A ~~SEALIo g`SBE.L;i ea+x. ~ ~oow. s ~n 1E96 ~ 7i`'y'.t°NM~P Aj~~ '4ipa „~' „~ c° d. V! d`.. ~Ot°. J ' ~ ,..44 ~P • P -Ef ~ °4Pw,+cE IS . A~ fp.....,,•'~d OAy P~ O ~"YI Sob' State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the ~ 7Sh day of October 2008 before me personally appeared George W. Thompson, who acknowledged himself [o be [he Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surely Company, S[. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, S[. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely Company of America, and United Slates Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing ins[mment for the purposes [herein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~p,TtT~ In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. ~ p~~~Gs} `Cn oni.~ C . ~~~ Marie C. Tetreaulf, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by [he authority of the following resolutions adopted by [he Boards of Directors of Farmington Casualty Company, Fidelity and Guazanry Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Comany, St. Pau] Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that [he Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, [he Treasurer, any Assistant Treasurer, [he Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to ac[ for and on tehalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe [o sign with [he Company's name and seal wilt [he Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in [he namre of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors a[ any time may remove any such appointee and revoke the power given him or her; and i[ is FURTHER RESOLVED, [hat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority [o one or more officers or employees of [his Company, provided [hat each such delegation is in writing and acopy thereof is filed in the office of the Secretary; and i[ is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in [he namre of a bond, recognizance, or conditional undertaking shall be valid and binding upon [he Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, [he Corporate Secretary or any Assistant Secretary and duly attested and sealed with [he Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to [he power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, [hat [he signature of each of [he following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and [he seal of the Company may be affixed by facsimile to any power of atomey or to any certificate relating [hereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the namre thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cettified by such facsimile signature and facsimile seal shall be valid and binding on [he Company in the future with respect m any bond or understanding m which i[ is attached I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company,, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company o~~lmenca, apd United Stales Fidelity and Guaranty Company do hereby certify that [he above and foregoing is a true and correct copy of [he Power of Mtmrney e):efut6d by saii('Companies, which is in full force and effect and has no[ been revoked. - - .. .. IN TESTIMONY WHEREOF, I have hereunto set my hand and asked the seaLS of said CbtfpAnies this 12TH day of JUNE , 20 09 C/~~ ~ Kori M. Johann Assistant Secretary O ~LyIN.BWV+"Lrf a1Wf)~ ° ~ P[ y ~ P ySp ! 1M4V9 Y IMO e 3~` ~G (L N~f~v..~ ~f Q' OLVaR Frf (~~raPq 99 JP` O Ip wln ~Y~ WP F r j°'AFGNY O ~~ ~~ "'^•'^,utV 927 'Z P qr m e r-O ~ S !' t,E .V~ .. i. , n14r10W.~ O j~6 a^ 1951 m ,+ ~ ~y o. `:,SEAL o' i+38ELrA: caxx ~.a `5A 1895 3 `~4t~4 NEW '~cnxcE !5. AMA°~ ~jt.........'~a° 6! V F `~ AIN To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us a[ www.travelersbond.com. Please refer [o the Attomey-In-Fact number, the above-named individuals and the details of the bond to which [he power is attached. RED IMPORTANT NOTICE To obtain information or make a cam plaint You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for informatlon or to make a complaint at 1-800-328-2189 Yai may contactihe Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1.800.252.3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austln, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.atate.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premiumor about a claim you should contact your Agent or Travelers first If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only anti aces not 11e come a part ar condition of the attached documentand Is given to comply with Texas legal and regulatory requirements. (PN-043~) Etl. 10.18.07 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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. Eveiy question must be answered. If the question is not applicable,~/answer~with "NA". FIRM NAME: RS CjIAC,tc ~/yIAG-liNF.~i ~- Aga- ~'L~~- f/fAA'JV77S~~ STREET: CIgTY~: CC- 2IP: 7$T ~9 FIRM is: 1. Corporation 2. Partnership Sole Owner ^ -9. Association ^ 5. OtherQ~.~OWT' 1/W77/,c~ DISCLOSURE QUESTIONS If additional. space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3$ or more of the ownership in the above named "firm". Name Job Title andCity Department (if known) ~1/aut 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3~ or more of the ownership in the above named "firm". Name - Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3~ or more of the ownership in the above named "firm". Name Board, Commission or Committee Nu~vE 9. State the names of each employee or o£Ficer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3~ or more of the ownership in the above named "firm" Name Consultant ~ CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus ChristippTexas as changes occur. Certifying Person: /~.fjBEG'r S .BG~GE Title: G ~,~! (Type or Print) ///~ Signature of Certifying Person: /~y~~(j}- ~~~ Date: ~2~^~~ /7-` 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 or deal 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, Ciry Manager, Deputy City Manager, Assistant Ciry 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. PROPOSAL FORM PAGE 6 OF 6 gcu~ru t;~K 111-KATE UI° LIABILITY INSURANCE Swantner S Gordon Ins Agcy-CC PO Hox 870 Corpus Christi TX 78403-0870 Phone:361-883-1711 Fax:361-844-0101 INSURED """"-"- ""- RS HlacrkryyCivil Contractora,Inc POcBOxe6218 Materials, Ine. Corpus Christi TX 78466-6218 HOLDER. ALTER TI DATE (AfWDDNYYY) DOES NOT AMEND, EXTEND OR NtDEO BY THE POLICIES BELOV INSURERS AFFORbING COVERAGE / MISURERA Trxni~. Lloyds _Ine Co _ •Vl// .. .. ._._. .. ...... MISURERO 7s nt LY Univa eel [~w rb Re _.._ INSURER C: Texas Mutual Ina Co INSURER D: Trinity Universal Ina Co COVERAGES NAIC 8 15959 _ __ ._ 22945 _19887_. ~••.-•--•~•-..... ••n•.•.c wicu ocww calve eterv ltlSUEU TO THE WSURED NAMED AUOVE FOR THEPoLICY PCitXID INDIGTEO. N07WNTL4TANDNIG ANY REDUX2EMENT, TERMOR CONDITN%d OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERi1RCATE M ' AV OE E.9UF.D OR ~ MqV PERTMN, THE WSURANCE AFFORDED BV THE POLICES DESCPoBEO HEREIN IS SINLIF.CT TO ALLTHE TERMS, EXGLUSNMISANO COINYfIQNS OF SUCH POLICIES. AGGREGTE LIMITS SLIDWN MAY HAVE BEEN REDUCEOBY PAX) CWMS. INSR. ..__..._.. ...-.__...__... _...... ___ .__._.......__..__... _...___.. .POLICY E~F~ E~CrcYA€" CIOV WI~ifA ._..__.._......._____......._. LTR N TYPE OF INSURANCE POLICY NUMBER DATE Y ATE LIMITS GENERM LMBILITY EACH OCCURRENCE S 1, OOO, OOO COMMERCIAL GENERAL LMBILITY Lpp10001310Q/ O1/26/O9 Ol/23/lO DAMJ1GE lORERfED" PREwgE$IEe acwra,u~ alOO OOO I CIMMS MADE nOCCUR , . MED EXP (AAy one person) 55,000 ._..-_. .......---- --......._ / rERSOnALaADVINJURY 31_<_00.0,000 _ _..---- .. . _.. ....____._. ..__.. - GENERAL AGGREGATE { 2 OOO OOO NL EGATE LNNT'APPI IES PER: .._ I ~ PRODUCTS COMPpP AGG .....i.. _. sQ OOO OOO ~_. POLKW J CT LAC E ...__..........___'_.___.._.. _........ __ _.C...._ .... L.,_...__.'_ _ AU TOMOBX.E LUIBILITY H X Arnnuro XPP100404900 01/28/09 01/28/10 COMBIIED SINGLE I.IMI7 leaecdaenl) s1, 000,000 ALL OWNED AUTOS _ .._---..........._ .__... .......___..._..._---._..._. SCHEDULED AUTOS U ~ BODILY INJURY (Pelppeen) 3 }[ HIRED AUTOS . _.....__._.___. ._ X NON-0WNED AUTOS BOD0.Y WJURV (PerecddenH f ___. _.__ _..... .. _.. PROPERTY DAMAGE S (Per euideM) GAMGE lUV31LITY AUTO ONLY-FA ACCXIEM S .. .. ANY AUTO " ' ....__ ........... .._._..._.__..._. OTHER THAN GACC .__ E AUTO ONLY: AGG S ' D E%GESSAIMBRELLALV181LITY X ~oceuR L~cLA1MSMADE MMBSOO2O EACH OCCURRENCE S I , OOO , OOO __ 41g0 / Ol/20IO9 Ol/ZOhO AGGREGATE _. 31,000 OOO [ .... DEDUCTIBLE 1( / ~ _.. .. 3 --- a X RETENraN s10 000 -... __ ._ __-..... s.._.. __----.__...... WORKERS COYPENBATION AND C EMPLOYERS' LN18X.ITY ANY PROPRETOI+/PARTNERIE%ECUTIVE OFFICERIMEMOER EXCLUDE07 T3F000114p917 J Ol/23/O9 01/28/10 ~ yIJMRS ER EL EACHACCN)ENr E lOOOOOO X ,desctihe under SP I ~ EL DISEASE EA EMPLOYEE S lOOOOOO ... _.._ ____ ._.. _. _ EC AL PROVISIONS below E.L,OISEASE-POLICY LIMIT ilOOOOOO OTHER E Installation Huild / MZI93009162 / /// 01/20/09 01/28/10 Any loc. ~ 500,000 Ranted/Lease E i Deducible 2 500 OESC RIPTgN OF OPERAIgNS /LOCATIONS /VEHIC LES /EXCLUSi0N8 AOOED BY ENDORSE MENTlSPECIAL vaOV laONs Project Name: Y2315 Power St. Pump Station 2009 Improvements The City of Corpus Christi is named as additional insure on all general liability and all automobile liability policies. J HOLDER CICC-CO City of Corpus Christi Engineering Services Contract Administrator P.O. Hox 9277 Corpus Christi TX 70469-9277 SHOULD ANy OF THE ABOVE DESCRIBED POLICIES BE GNCELLEO BEFORE T E%PRUT10 OATS THEREOF, THE ISSUING WSURER WILL ENDEAVON TO MAIL 3O _ DAYS WRITTEN NOTICE TO TIE CERTffICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 80 SHALL IMPOSE ND OBLX3ATION OR LU181LITY OFANY RIND UPON THE INSURER, IT$ AGENTS OR 25 IMF~ORTANT 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 certdicate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POI:1()Y MUMpf'sl3:t.1~1?7[>()6131 0() / et7MMl'ItC1AL irizNlRAGl1A131L,1YY t:c~ zu xa:or oa TI=11a k°;Nf.?bFt,4~IUI~N7' tKWAAtt~ ~; 7~I~t~ i~.nLlrv. pLL-"ASS arr:~-r~ ty°:1r~-r~r~~t~l_.I.:v: 1~,~~~1"r'It~NV;it-,l~. I~V;;Ulf~l~ .~,, I~~::~If91~~a1,'1~~~ 1'ht$ oncigrsgm9nt :modiptts'Insur~st)4e. prav(t®d.unsii•Y the f0.0oWing: / {:pMIV1Cf7CIAl.-~l"3G;(utrh2l4l, LIAt31Ll`CY:CCiVhf~IAC~t'.I'Y~Ift:l - SCI~IN.UULU ~_~^ ~~ ~~~, cr:w~K~•~aYurrrtusnu[~Nt or•a~vc~lrtt~r~tlua$cRU bitorrnallon roryuhod-lo-conlplotoihis Schod~Uq, If nofAlxawnobovo~,.wNl bo tiliown in tfiq DtGlyratiprts; SiCStig15. II •- Wlisi~ N.i: lsiY lusgvsd. is t4hi9riNoil ~io ih- CIUdCi ais~.en-sddltional insu[Od YNa }xq'etitl($) ar'PYgeni- zailpn(.{S~1~ slibYrn h1 lUe:'Sliediile,"bui oi~tyYrtlh:respect to IlgltiNtty'fgr °ttQdpy Injury'; ~µraportY damage"~ er "personal .and .oilvortising 'Mjtp'y" aaueod, to whwle. or in-pr,rls:ny your:a~($ cir omh~aiop$:or the acts or Rm18.- siwis of Ihose.ao#I~;on.youc behalf: A. to the parlbntiatanco of yotrr ongolnp ogariallgn$;'or tl.. In .eonas;tioh uruli yqup Isremisos owhed by or ronto4l to. yau: Named Insured: RS Black Civil Contractors, Inc. Policy Number: LPP100013100. Policy Term: 01/28/09 to 0'1/28/10 Authorized Representative: R.M. Lee,~M'a"ri"aging Partner Swantner & Gordon Insurance Agency P.O. Box 870, Corpus Christi, TX 78403-0870 eCa 20'26 AV na 'ISO I~roporigs, inc., 2op~ Naga 1 Qf 9 Pt)LJCY NtlMiilSfi: KPP100404900 f:c)nnnpnRClal, pu•i•o Cp Ot103 :OB t)~ 'r'F11:i ElUC>'UnSK:IUlEf1I7 =CI•li!1iVCi1:i! 7'HF- I?Ut.l(:Y:. frLtrA.Sk FikALI 1'1` (:l~-f.3F1=CI)rGY, ~~~~~~ ~~~~~f~~~.l~ f~~~~~~ This rsndorsomont modifies iirsuranca.nrovidod tumor iho lupowing: IiUSINFiEiE AU'I'U ~CC)VEIIACiY f~RM /' c~anq~se cavenncr~ r~M MQl Q(i C:ARnIF.fi (:OVtRAiGI_ FOfiM TIiUC'KCRS l`AVEfipCE LORM 1Nith raspebt to r:ovorar~o providnd I]y "flits endorsemw]t.; rho provisions'of rite f;ovcrt,tte Iw~rm apply unloss ri]udiflcrd:l5yfhe e±?tlbrdittm6n"t'.. This~orrd+Hyp~irrn,t ril7uri4teb llxs -]ulioy 3bl.ft?Vtivo Wn'1fiu~inerepL.iVrrUalte ]f.tlib las}licy unhx~; .r,iicrih0rxlttila;its: i,i~- dfcatod bulirni: Fffoofivo: SCHLpUI:F' CbunrmsjOned f3y.: Name atxl Addross of grgtitlonal.lnsuro~i: City Of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Uf itio 24atry Yipj)i:qrs. kil)4Vts {t)fpriliaGof] [b.11Uit[Ici t[7 i:[iinpl{itlr (I1fS triiriprsiiirdaijfi vu01 1)f%.311UW1r in the 1)et:I.tN'a- tiyns as gpplicqulq to tlti;# eftdpcsgl?]Ant:C A. WhS> Is An Itiaueocl .Z,~~aurion 111 is" amended to ;i]oiudo as aan`".i,]sured" taa.perscrnlsl ororrn,nl= ~zatipr~(s) ahbwn iri thti Sehgdcrlo, 1)ut •only wirli ~tQt~Na6.t tb tHOrc tegtil Otlfli_iity 'for cl[.tid Try"i)inis- xioi]rs of ~a fiersw~ for whwn Li.drilrty C:nvergyo 1s t!ftoe[fed nndar0)Iff. nellcy. B. Thc) :a[kliti<~nnl ineUrod rurrrlad lit ilea Sriiadui{; Or-QT:clgtiitirxr;l Ig_ rml. r{:y,anntl IO pny fpY ally .promfumc:-:otuUSd in dm p»Iloy. ar ~~arn{,d 6•orn iha" polfey::pny reiran nrerriium :and: any divf- [ieirii; i(:aiiplfuhAl},; lwclarecl uy u& :uha11 lir piiiti tp ybQ. C." Vain AYA aut(]9tr4ucf 'io. act #or tl]}~ =gJiiitional in- xured +]amad h]~ihe ~"~'dAedulo::or:heolanatlzsns~~in- dll.ittsstfbrs pertaining>tb'tills:arlsi]rfinca, p• Wf} WUI ruall the rultti[iiinal inaurad riapnad irj the Suligtli)li?; ii'i lHrt)IMaftighti nbttcrS {sf tnly soli- crillaCinr]:of tftis polir:y. Yt wo C;incta, vso will 41iYc4 10 tiay:: notice ttr Iiar. Fulifitittiial hisurad. E: `I'I1o Flddilional Insurod. namod in tlia raaf]bdulir rit ptzclgYgti4qp rN.ll Totfilt);ai)y tiflhf~+sT-rltf)OVt:ry }ttc n claiman( untlur dliy pbllcy. Named Insured: RS Black Clvil Contractors, Inc. Policy Numhor: KPP100404900 Policy Tem: 01128/09 to 01/28/10 Aut resontaliv / LR,./ R.M. Lee, Managing Partner Swantn9r & Gordon Insurance Agency CA O~n0.3-i)(f 04 (:giTY,`it)ln'; IEiO i]Klptrrli'[1s,-hio„ 9.,Ot73 PO Box 870, Corpus Christi, TX 78403-0670 i'ag~ 'I' of 1 F'U41GY NUMB~IZ i_Nl?10g1)9a100 ~ j CC~N7AO~t2C1AL t3Etd~FtAL l.lAt3t1.ITY _ ~Q U2 :Oti •17.O.A •rwls eetuortsrpn~~IT.ai~Arvalus rw~ ~,a~~l~v: ~i..~~n~~ -~~,ars cr c~r~~i~u~;>;v: .. 'nits anc-orsemdrtt 1)!1ruf((106 InsurAnC@ fJrpyideU uiiiitTl' the LcFllow.tilg: V COV~RApF Wlall" COV~i3A-G~`.pAR"1` F~Af2 f In UtA overit of cen%otlaiMh or`~ntortf~l rhan0~ shot rediioes or rn3tricts the insw~ance olfordad by lhts Covk?rtltjo Pari, wo:caryroa to tnell prlorwritEeq nottlrq of i;rinablli+tian gr,tnptrrrl~l chE1r)gi to:' SGHI~pOJ.k N71n\A~ CfT'Y!~ Named Insured: RS Black Civil Contractors, Inc. Policy Number: LPP100013100 Policy Term: 01/28/09 to 01/28/10 Authorized Represent ~ e: ~:;.:~. ~, R.M. Lee, Managing Partner Swantner & Gordon Insurance Agency P.O. Box 870, Corpus Christi, TX 78403-0870 CG Ox' 0!i 92 prd ®ISO Projiprties; Iric:, 2003 liege 4 of 1 I''OLICY NIJMFiI~ti: KPP100404900 CUNIM[cfi(aL1L AU7-O CA Ol 4$ O(i Ud 7'I~II ~IUU.OkiSrIV11c.NT CHA~I.C'iGS `('kIE. PUF IGY. 1?i_<ASE NC;ND I'P (:Alt~l'ULLY. ~ '~~~9;~~ ~~rny,~i~~~~..~/.~~I~',rp~9w~rvWf~a.~ppp„~rIt~a~vasA{/p~O/~q~~yeI(u~!.~ ~wp~ !A9C.~'11I~-1~e4 ~~~iv ~H ~~d^'f/LL'IA E:B ~, ~k:~IN~~~~.~.f~9)6':,~ Y' 1'h1,5 ernilirrsemtint itlcxilfios inaur'ance provhlod under thu follawU'rg: Ci(1;;INIzS.~i.(~U'1'O I:UVI~a~c~=. (=b. r1M C,AFtAGk (;UVCf~AEaG f~C1NiN ;' NI(?TORGA13HIPFFGQ~R/gG~l"URNI 6/ I'FiF)CIE~RS CC1Vl-iFii0.f~E.f'Ofi11A Wiil): roshoof t~. i;livrarAt)c~ (iriiyhied ny this.e:ndnrsement., Clio provisions of tha Govaruge'Fotnl afrpJy tmless modlFi9~l' Iry thr+ a)ti~ras:mpnt: Phis t t)di3rSOJyrent t;l)angfs ;tl)p pi?li4V'rifdctiVtr oil.Jhe. licupkiun do-mo of .ilto policy un)ua[o angkhpr lir,te it in- dirat~daielow.. CruJrnsement.l ffrWt'tvib: Cotutitorsiynriii tzy: Nnmod Insured R S f31 A('K t'tVll F`nNTt~A(' I ilft,. INC 1ylAl;FpIV~RY;&,tVtftl'GI~1(tI~;INf (AutlmrirndRotxosc:ntrifivo) Numbor ofa)uys''NoTiro ~ ~.. fJmno Qf f'orson EJr Urtinni:intion 9he;.City bf t;xftfws tlltisti / 1 Autitrasu i'.O. IIbx'; 9277 . Corpus Christi, Texas 78469-9277 If Ilu5 Imhdy tF, ciinct)ted or Irisrterialiy L•hariged tU roilurn or rx;stilct cevnratag,. w4 Witl mull nt)tico qt` i;itticel- laiien ur ohantfp [a tlit~ p$taon oi~ organlraNon nfam(it1 ~itt iha 5tsfititkild. ~Wrz will yJve2 tho nwnhrtr of bays' no- tidi: intliGPtod In tha Sdimdutrj. Named Insured: RS Black Civil Contractors. Inc. Policy Numbar: KPP700404t)00 Policy Term: 01/28/09 to 01/28/10 Autlxzijzed ReR sentative: ~,~, .,~~~~ % R.M. Lee, Managing Partner Swanfner & Gordon Insurance Agency PO Box 870, Corpus Christi, TX 78403-0870 CR\ 02 44 1~'(i iJ4 ConyriiPub, ISU Pruuorlhrs. Inc.. 20O:i htipri 'i of 1 ~Q'ZT(11 (~~~ _ F`~ WORKERS' COMPENSATION AND EMPLOYERS (L~„[j~~-AlV\ l~ },~.1.C~74'1 t.[ABIt_ITY WSURANCE POLICY ItJaunoccCampanv WC 42 O6 01 TEXAS NOTICE OF MAT[RIAL CHANGE [NDORSEMENT This endorsement applies only to the Insurance prOVided by the policy because Texas is shown in Item 3.A. of the htfOnnation Page. to the event of cancellation or other material change of the policy, we will mail advance notion to the person or arganfzatlon named in the Schedule. The number of days advance notice is showra in the Schedule. This endorsement shalt not operate directly or Indirectly to benetit anyone not pruned in the SeherJute. Schedule i .Number of days advance notice: 30 / 2. Notice will he marled to: Clty of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX '18469-9277 -r.r, e•+d;neri s, ]z< fire pr..x/.,, -.:h r r t iv _.-_:.....:J of z•'l?r_ wi trio rccpiion cafe ci the puR%Y unless a Jirter~ r :aha ~s eu:rmad Data;a ~. i!•r hl-.,:+~ng'~~Irac~ri a a iaF" ~f^r.,i L`L •:umF.eler~ r y ,mien to<enderser:ent ;s iss:.:ec s+.'CSeq;,ent to ptepa+atibr. of ;hr~ po'icY ) /i'hG?nerrsececnt etrnct -e or: January 28, 2008 ~t.!ZL`!eM. sbar:dxrU time, 4xmsaf~:mt of / !"loticy `d-.. iSF-0001 140977 20060128 u.'it?e Tvzas Mutu:d Insurance Company \\\/// is<had tc R S BLACK Clt/IL CONTRACTORS !NC r~Endorse~ment No. / ..._.__._ tf ~'_-..._..... .___..,.,.. Authorized Representative NdCM12UR01 fFe. r.94j Ar:krJl~,.,oHw n<:NACCeR I-,n..a~i.~s Cil?NI3RAX. 1?Ni~nRSl?M13N`i' Nam..e of rP;rJUn bt' gtpilniZatintl in5t11`6d R,; S, Brack Civil Contractors,,,,.I,nc,~Machiner~& Materials,.lnc. I)att; this eudorsnlnent Makes effetit: otrze~os,,,_~~„__.,_ •._ Lniiorseynont klumlx®r kolicy Nutntiar nnzlssooaisz ~ ~_ ._~~.WW YoltoyFeriod,s -- o~a~io _. ~ • ~>.: . 13uiidrrs' 221810 / Itttttttllanori Kloster N:t-tne 4f ~otr~xitnyisstiittp this aritiorsernettt semgn's Fun Insurance Com~a~ T...A.w _ a,.._,J. , (We~Wpl'•ndt sill iri~Nre nAovo unless wo~ issue tliis endgCacnictit:attcr pvq~jypiu.;:yhgc policy) In.t:ongiiiexatign ot'Mxo change n.ptomiuttt, adcl Yhes foliovuing as au ati;litignttl instireii Ctiy of;~Otptis Ghxi~tl. D~rititeiit of Rnpiirtce~r~ixb ~oiyi~ec 1' U., Bqx ~~'7`7; Attn. (iintruct,lldmtntsiratot' GC?t~4s: Cklristi, T~`7$4Ti9-9277 Slioultl tlits;tthove ciescriltett policy lte cntxcailed oi~ tnatcriallyrchangeci.li~Fgre tiro ex)nirptlon.tlsita thereof, the issuing company Wiil inA130',days wtiilteix txotlci^ to'the. titiove named,. Si~natutx:: Q<., Fluthor~eti ~lgont TCK-GLUU R.M. lee, Managing Partner Sveantner 8 Gordon A'EI'°q'A,(';i~H.1VM~!;iV71? ~. 1 oIC'X.