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HomeMy WebLinkAboutC2009-422 - 7/21/2009 - ApprovedG Cactus Utility 2 S P E C I A L P R O V I S I v N 5 S P E C I F I C A T I O N S A N D 2009-422 1VI2009-200 07/21/09 F O R M S O F C O N T RAC T S A N D B O N D S F 0 R ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE .:: LNV ENGINEERING ::. engineers i consultants 801 Navigation,Suite 300 Corpus Christi, Texas Phone: 361-883-1984 Fax: 361-883-1986 City of FOR Corpus CZ1r1St1 WATER DEPARTMENT ~~r^ CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-1881 Fax: 361/826-1889 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT NO: 8602 DRAWING N0. WTR 394 g~rr'~- '•~qd+'1 .. * t ,t *; :* ....~.~N~.... ~N..N..N.i, •. MARCUS J. NAiSER .............................. .~: 92814 ~~ %~~~,(• i=f~-o9 (Revised 7/5/00) ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time 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 n =3 ~ir~Flee~es-~ aid ~'~eff~e~= (NOT USED) A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~ z~ ~; ,,, a naF; ,.,. (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) ~~--~~ T..~... ,.+.---- n,.,...,_,...,,; `n,...;..,,.a ~ is inns -~ ~ =-~- A-24 Surety Bonds NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements A_~-, D,, z,.,; , : ~< _ £~r DuTuyc Cl :~~~, (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work _. A-34 Precedence of Contract Documents A-35 City Water Facilities Special Requirements A-36 Other Submittals (Revised 9/18/00) " (NOT USED) A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities Table of Contents Page 1 of 3 n 3T-Gerti]€}eate .~ .,,. „a n• .., T-,.AN~,~~~ (NOT USED) T 4~ Tu[[C'~QmG~L to Seet}en $ 8 6 Pert~al ~'~~e~ (NOT USED) :_ A-41 9Lene "-~ (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Computer Generated Proposals A-52 Confined Space Entry Requirements ATTACHMENT NO. 1 - SAMPLE COMPUTER PRINT-OUT ATTACHMENT NO. 2 - City Water Facility Visitor/Contractor Information PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 022 Earthwork Section 022020 Section 022022 Section 022040 Section 022100 Section 022420 025 Roadway Section 025205 Section 025404 Section 025412 Section 025424 026 Utilities Section 026202 Section 026206 Section 026210 Section 026402 Excavation and Backfill For Utilities And Sewers Trench Safety for Excavations Street Excavation Select Material Silt Fence Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement Asphalts, Oils and Emulsions Prime Coat Hot Mix Asphaltic Concrete Pavement (Class A){5-34) Hydrostatic Testing for Pressure System Ductile Iron Pipe and Fittings Polyvinyl Chloride Pipe Water Lines 027 Sewers & Drainage Section 027204 Materials For Fiberglass Manholes Section 027205 Fiberglass Manholes 028 Site Improvements and Landscaping Section 028020 Seeding 030 Concrete, Grout Section 030020 Portland Cement Concrete Section 032020 Reinforcing Steel Section 038000 Concrete Structures PART T - TECHNICAL SPECIFICATIONS Section 000464 Section 000500 Section 002300 Section 003000 Section 026600 Reinforced Concrete Pipe Mobilization Hydro Excavation and Exploratory Excavation Flexible Base High Density Polyethylene Pipe and Fittings Table of Contents Page 2 of 3 PART W - DRAWINGS LIST OF DRAWINGS Sheet 1 Cover Sheet Sheet 2 General Notes Sheet 3 Project Location Map and Control Plan Sheet 4 Site Plan Sheet 5 Plan and Profile Sheet 6 Miscellaneous Details NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: ONSWTP CONNECTION OF' SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602; consists of installation of approximately 190 linear feet of 36-inch reinforced concrete pipe (RCP) drain line, 20 linear feet '' of 60" RCP, exploratory excavation and two manholes connecting the existing 60-inch diameter Plant drain line with the 36-inch diameter Sedimentation Basins 1 and 2 drain line, in addition to coordination of the rerouting of an .existing 12-inch Plant waterline, in accordance with the plans, specifications and contract documents; Bids will be received at the office of the City Secretary until 2:00 p.m. ~~ on Wednesday, June 17, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, June 10, 2009 and " will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and"payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. ti 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 {$10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS ~~ /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 ~ - sxoi~~xiuo~ os ~~ISO~ Z ~o Z ab~a a~xlna~x soN X Q32iIn~32i s~uauiazznbag aou2xnsul Ta~uauiaTddnS pug TZ-g-g uoz~oaS aaS 2i3~F70'I3 NOIZK'I'IK~SNI Q32iIn~32I ZON X Q32iIna32i s~.ua~uaxinbag aou2xnsul Te~uauiaTddnS pup jT-g-g uot~.oaS aaS }ISI2i ,S2i3Q'IIng s~usuziu~~uoo Q32tIna32I SON X ~o T2sodstp auk xo~ ~o~duii T~~uauruoxzr~ua uixa~-buoT apnTouz o~ :abxEuostp Q32iInZ532i ~ T2~uapzao2 , uappns o~ pa~iiuiT ~oN ~9K2i3A00 SN3Y12iIEidY~II `IKZN3L~IN02iIAN3 SIYdI'I 3'IJNIS Q3NIgYd00 000' 000'Z$ ~ /~ZI'IIgKI'I NOISn'I'IOd 'IFiNOISS3302Id ZIInII'I 3'IONIS Q3NIHLd00 000' 000'Z$ ,TZI'IIHKI'I SS30XS 0 00 ' 00 S$ JCZ I`IIfiKI`I . 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Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or 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 TWCG83, 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. (?) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h} and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. ;~ Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6} provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 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 Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graff (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 pro, ject; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H} contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph {3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental 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 (IT) 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 construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule. is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 " (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 TaBS i ~ a. l i aka}~~} "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (7'WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of 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 of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new cert f Cate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meetia 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, Juae 17, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 Any proposals not physically is possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of nay proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to nay City address or office other than the City Secretary's Office will be deemed aoa-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on Wednesday, June 10, 2009, beginning at 10:00 a.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. No additional or se arate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602; consists of installation of approximately 190 linear feet of 36-inch reinforced concrete pipe (RCP1 drain line, 20 linear feet of 60" RCP, exploratory excavation and two manholes connecting the existing 60- inch diameter Plant drain line with the 36-inch diameter Sedimentation Basins 1 and 2 drain line, in addition to coordination of the rerouting of an existing 12-inch Plant waterline, in accordance with the plans, specifications and contract documents. A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funding. Section A - SP (Revised 12/15/04) Page 1 of 23 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. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Boad (Must reference ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE, PROJECT NO. 8602 as identified in the Proposal) (A Cashier's Check, certified check, money order or bask draft from aay State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 150 calendar days. The Contractor shall commence work within ten E10) 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, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insuraace 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 Sectioa A - SP (Revised 12/15/04) Page 2 of 23 insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Waste Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. Ee~tr~aeter shall ttae higher vaage~~e- Minim~ml Prevailing Wage Scales The Coypus Christi City CoLmcil has determined the general prevailing mininn.¢n hourly wage rates for Nueces Cotmty, Texas as set out in Part C. The Cantractor and any subcantractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by than in the execution of the Cantract. The Cantractor or subcantractor 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 classificatian of work performed. The Contractor and each subccmtraetor must keep an accurate record slwwing the names and classifications of all laborers, workmen, and mechanics employed by than in connectian 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 fran all subcontractors and others working an the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Miswrity/Minority Business Enterprise Participation Policy for additional requiranents concenvng the proper form anti content of the payroll submittals.) One and one-half (1~ 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 an Stur7ays or holidays. (See Section B-1-1, Definitian of Terms, aryl Section B-7-6, Working Hours.) A-11 CAOperaticai with Public Agencies (Revised 7/5/00) The Contractor shall cogaerate 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 1-800-344-8377, the Iorze Star Notification Canparxy at 1-800-669-8344, and the Verizan Dig Alert at 1-800-483-6279. For the Contractor's convenience, the following telephone rnmibers are listed. City g~inr~ar 826-3500 Project Engineer 7NV Engineering Dan S. Leyendecker, P.E. 883-1984 Marcus J. Nailer, P.E. 883-1984 Section A - SP (Revised 12/15/04) Page 3 of 23 Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation DeparLznent Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal/Fiber Optic IACate Cablevision ACSI (Fiber Optic) I(NIC (Fiber Optic} ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic} Brooks Fiber Optic (MAN) A-12 Maiateaaace of Services 826-3540 886-2600 826-1881 (826-3140 after hours) 826-1800 (826-3140 after hours) 885-6900 (885-6900 after hours) 826-1875 (826-3140 after hours} 826-3461 826-1940 (826-1970 after hours) 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424, after hours) 826-3547 857-5000 {857-5060 after hours} 887-9200 (Pager 800-724-3624) 813-1124 (Pager 888-204-1679) 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. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service. lines must be provided by the Contractor. A-13 Area Access and Traffic Coatrol (NOT IISBD) Section A - SP (Revised 12/15/04) Page 4 of 23 pal}e 'phis ~a~}nelttde, btx~ ,.~. , ;_ ~- ~a}d€hs, eenatrttetie~t e€ - mp,. "t°-- A-14 Constructioa Equipment Spillage and Trackiag The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavatioa and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt 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 IISED Section A - SP (Revised 12/15/04) Page 5 of 23 A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be~ submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, 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. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. 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 City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. _. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) Section A - SP (Revised 12/15/04? Page 6 of 23 licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wactawaf-ar• Az= =.~in-~r~ elexaatier=s at ma~eles, • Ail ~~,.,,.,.,,,.~..... ~ : „ti,r.t,.,. _ -caax:xy c~e~l'3~~633s~$6p A~-gape a~3~ ~~6Va ~~3}e~ ~mvr~nm ..,.,,~ no ,..e ,,,~ ~-~L Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). GtnrmwatPr- • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs NOT IISSD A-22 Minorit y/Minority Business Enterprise Participation Policy (Revised 10/98? 1. 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. Section A - SP (Revised 12/15/04) Page 7 of 23 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, 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, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Sectioa A - SP (Revised 12/15/04) Page 8 of 23 f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% 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 8aterprise (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) (NOT USED) ~terv t th ~}e } } i } als e€ vae~')e few dah}eh a ra s eat a e ~ v en B as==Qing ~espeet $ 6 2 e€ the-Gea t} S l} bl r~l '~^""''"r en eo e- ea Q~~~Pan~~dahe~t app ~ ~ater~ "~aste~~ater metier ~ a '' F '' `"' ^'''., Section A - SP (Revised 12/15/04) Page 9 of 23 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 shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%} of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and. that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax $xemAtion (NOT IISED) ccs sy ~~,~ ._ ....... ..t, ......,..~ ,.~ .,.,.......,, ..~.. .~.,.., ,,....,. ., .,.. ~...~ ~.... ,,.......,...., prem~lgated~~t~e-Eemp~~ell e~ e€ ~1} ems=eee~~s~€ Tomas. - 3 9bt } zh ~e i t-a ~h }~s~~~e e state ^ c~: trc' ' c e ~eee-s~sa~~ ser . a ~ ~} es m _ r _ _ _ . f ti 9t€ 8€ ~' l t to e s € t e€ =`~====, c . .~,..,._=~"-- n ne ie~ ier~ee - i~cei~er-abed i~t-e eke-g 3 . pre~rdde-resale ~~_t'_f_c -p-~epeea iee~-eat . ~}== t= - r e~~ te a .., . ,.v.. --- r--i '- _i p~'~epeeal v~l~xe ..F ..a..,.v T~ ~'^~ ......}r~^*-,.v -'„^^ '- ..., ,. , °^~ t ~ ~ de~ t a~abed ee~ se t~~'aet~e ix cra~cvrrc=uccvx avca azvc B € ll~ l } t o e escc d 8 pe e tt t a l}e '~-a~ s~ a p ^ "r~ able '-= ~'^' , ~ °^'- ye a es, mas ga-~ e~~ tee, an ~e e pp _ . Seotion A - SP (Revised 12/15/04) Page 10 of 23 3.38uc9-crl~'E3a18 eer~i~ieat~ •.. ~~ ^ ", : . A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation restricts the insurance afforded covenants to mail prior writte Chan a to: 1. 2. or material change that reduces or by this coverage part, each insurer n notice of cancellation or material Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revised 12/15/04) Page 11 of 23 A-27 Responsibility for Damage Claims NOT IISED Ce~ttraete~ mttst~rev}de $~ilde~•'t~-z°i $~r ~$o-hallatie$ gloater t r th p f} ll t = ~aer~~ ~il~er' a R=e# er ~-^~_„ _~. _~ reTee e e- ~aeeeg s C t~ na "All ~ b --a~~ ~a~r~ete~ m~st a )e~€erm i e an ==o~t~= ~o o rage must h $ ~ ~ ~ ~ }ldes•=o--~ie~~-l-nc~tallatie$ F~eabe~ s Pots ~eeessar~-te-~reet~re s~te - } l d} = -mast be~~ ded~etible-1'he C}t ng and- ne tt nat~~a~tee Beverage; as • ~ .. ~ ,.a ,.i om A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 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 Admiaa.stration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, oa the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Section A - SP (Revised 12/15/04? Page 12 of 23 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 assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Sagiaeer'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 arty 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; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor. prior to its participation in the Project. Such approval will not be given if the replacement of the Section A - SP (Revised 12/15/04) Page 13 of 23 subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit is letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts oa behalf of said entity. A-31 Amea~ded Policy o~n 8xtra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for arty 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 ackrnowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Sxecutioa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid 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 Section A - SP (Revised 12/15/04) Page 14 of 23 other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements A. Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor/Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. B. Operation of City-Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at nay time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. C. Protection of Water Qualit The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI/NSF Standard 61 and unless such items are inspected oa the site by authorized City personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents,, or subcontractors, must be contained at all times at the water Section A - SP (Revised 12/15/04) Page 15 of 23 facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. CONTRACTOR'S ON-SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide compaay name aad individual employee ideatification. G. Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at O. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. Any-were to t-l~e eem~t~ter based .,. ,. ,.... meeiteri~tg a~ ., td ee~€rel ..,,..,..,,.... ,.,.,..., ,..., ,,.,..,...,., na.. a~ t bi th t d al}€iea€}ens- ~ bel 1 th ew=nom e P ~-~tee n.•g e e~t ne lt q~r te tted ite e ad i~'iee ie~s d~t} ns ~e.tn rm.s~es, ~-=a ~te~ €rxrn l ti ns h m ~ ~ ishin }nst z , alli~t e , ==t=n anges, se ee e , e g, g; __- - g, d ~ r 1 1 € ~ b i e€twar s ee }€€e~-er re t rir~ed-ma ware an , e en-a• . ia~ ~ra - these cr--_F__^'-~ ____. e g s g y l l d in the-ee H -i 3 ~rte~ based :~ m ^_t.='„'- y-engage e s reg~ a~ .. ae~1-eentrel system bt~s}mess, •pre€er- .._~_reipal-water and vaae~ewater _~a~=} € ter-fie en s stems e€ ~~ ~ d g p ahl~--as-applie =1': ar~ble ser eem - ---~ d tee ge t e y . s-Per e e ~ ct }red ie €h3s l i t -~ s ret m p -Centraet-ee , i , at~~ ~-a -ee e~ • y a ~ p three ed-in tie ~h~a ~e n-•ae~i~e3 -en a 3 e-e•f werk -t c ===F_ca :y g g . s e bere~n €6~'-a•~-~ea9•~ ~ ~'~~== . H d p € di l 3 t } 4 yp l E }W r r ag = ere se eys a eg s re eee . e em$ ~ i Bl t l B B t e i a ~~Q ee , ~ }se t o }se-e-r ~' ys- i~• ~teer, e~ a ee ~- ea~ts - ea ~~'€68'~lt t~3= :;r~xl~ _-EUrsi.a~ =ri h+~ ~w~~,_ ^xx r z"---- '-1 - -r- l l ee tip} ~ e~•eeb ~~ 5 tg er o s~tp ~r?-i fi rs-~ti~~~t- -----°-----•-- € e~ x~ v e ' c€::' eys-persen~te s r e e~tp . l aw€•ae-t rer-~s tr t ~ i~ ir ~a t . _ _ se ie ~_ _ _ j »~., ^~~ ^^,°~ ~~- a m tr ee~tg e e a t ig and implement}ng the spee}€ie e se€tivare-grepased €e~ the C~ntr~e~t . ee~tr emp~tte~s, £~'£i3 S~s~~ Section A - SP (Revised 12/15/04) Page 16 of 23 b . die eta}nta}mss a--~e~a~tea~-€t~ll~s-t~~€ed and~a ma}eta}e, ~epa}~, ealibra~e, aid c: ^a ~.,^v^, c~"===___ ______--- ~-~ =a=1 €ttre}sh e~}pme~tt vah}eh ie t€i~re~ttet e~-ene manu€ae~ttrer to th ,.}. ,, ~ ~ t.Tw^ mow: is Pr~ed~tet~€ .~-ct:.~..~ . lant ~~ill be tts~d }n evaltxatiug which r'e~r~ae-€a~ e~ e The-r'en€~ae~e~ small--preduee-alz €}~ied~ttt hlee~es ~egt~ired to she~a the-~regxamm}ng ae neea~a~ ~A system T~~ ~,^a _ , ^ ,.~ ~w^ ^~ . ^a andJgi=din t8 the•r-~.~-. c~... °° •~-t,. ,, i....,..~,. -,a°~. ,..y the~~eg~amm}ng~hase ~'he a~taehed sheet }s a~ e~~antgle-and is-~~at }Mended to she~a all e€ °'' -"`'°^''^ ""'° A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. Sectioa A - SP (Revised 12/15/04? Page 17 of 23 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 alI on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USA A-38 Worker's Compensation Coverage for Building or Construction Projects for Government 8atities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (NOT IIS~) The-} esee of a ee r~ i~ € eate e£ ee e~tp~~€e r i~tpr~ve~aen#r a deee-net _ . e'ees-t}t~tte €}nel-a~ee~taeee e€ €he }mgrevemen€~ tu3der eene~el •,°~._........ n o Seotion A - SP (Revised 12/15/04) Page 18 of 23 A-40 Amendment to Section B-8-6: Partial Estimates (NOT IISSD) A-41 Ozone Advisory NOT USSR ee~ensated at tote ttn}t-p~'}ee a ' '' a '"'' ''- 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, material man, 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, material man, 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 material man. 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. Section A - SP (Revised 12/15/04) Page 19 of 23 A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. {4) Deletions, additions, and changes to scope of work. (5} Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TNRCC, 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 Exploratory Excavations (7/5/00}. Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project. and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform ao construction work oa the project until all exploratory excavations have bees made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. All exploratory excavation work shall be in accordance with Technical Specification 002300 Hydro Excavation and Exploratory 8xcavation. Section A - SP (Revised 12/15/04). Page 20 of 23 Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established unit price of pavement patching. Contractor shall provide all his own survey work ~o~~~e s~arate~a•~;-zo.~ ' '" '"' ""_ r s A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Computer Generated Proposals The following paragraph modifies B-2-7 Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEET 3), INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheet 3. If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 4, 5, and 6. A sample print-out is shown in Attachment 1. In addition, the print-out will contain the following statement and signature, after the last bid item: Section A - SP (Revised 12/15/04) Page 21 of 23 (Contractor) herewith certifies that the unit prices shown on this print-out for bid items (including any additive or deductive alternates} contained in this proposal are the unit prices and no other Information from print-out. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as Its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated. quantities shown in the Proposal (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) A-52 Coafiaed Space Satry Requirements Contractor will be required to comply with all OSHA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated requirements for entry into these areas, including compliance with OSHA Regulation (Standard 29 CFR) Permit Required Confined Spaces 1910.146. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the engineer with this certification information of any/all personnel who are doing confined space entry work. Seotioa A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: ONSWTF CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE; PROJECT NO. 8602 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV ENGINEERING, MARCUS J. NAISER, P.E. CONTRACTOR: SUBMITTAL DAIS: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUM88R: SUBMITTAL Sectioa A - SP (Revised 12/15/04) Page 23 of 23 SAMPLE COMPUTER PRINT -OUT PROJECT TITLE DATE (YOUR COMPANY'S NAME HERE1 I II III IV V Bid Item Qty. Units Item Description Unit Price In Figures Bid Item Ext. Qty x Unit Price Al 34475 SY Street Excavation $ - $ - A2 5,033 SY 6" Cement Stabilized Salvaged Base A3 etc. etc. etc. Sub-Total Base Bid "A" Items (items Al-A21): Sub-Total Base Bid "B" Items (items 61-621): Sub-Total Base Bid "C" Items (Items C1-C21): Sub-Total Base Bid "D" Items (ItemsD1-D21): Total Base Bid: ATTACHMENT 1 ATTACHMENT I CITY WATER FACILITIES VISITOR/CONTRACTOR INFORMATION O.N. STEVENS WATER TREATMENT PLANT ViStTOR/CONTRACTOR ON-SITE PERMIT ~ - As a visitor andlor contractor you will be required to adhereto our operational sa~fefy policies at all times while at the Plant. We require that you carefully read and familiarise yourself with the following information. A visitor es defined as any person or student on j a plan# tour, consultant engineers, salespersons, other department city empt®yees; ~. fire fighters conducting training or testing activities, or any other person not: employed by the City permanently assigned to the plant. A~contractor is defined as f any person employed by a constuction firm under contractual agreement with the 1 city to perform construction, maintenance, or service work. -Emergency response . ~ personnel responding to an emergency in the plant-are exempt from reading this perm. ACfLITY SECURi '( > Ail~visitors andlor contractors, upon arrival, must register with the security J .guard at the main piant_entrance. Prior to leaving the Plant, you must be signed out as well. This must be done each time you enter or leave the Plant. The purpose of this is maintain an accurate roster of al! persons in the plant at at[ times. This Fist - ~ will be turned over to the city police and risk management during an emergency. > Atl visitors shalt wear a numbered visitor's badge issued by the guard upon entry to the pianf. Alf contractors shalt wear a numbered dontractor's badge-issued by the guard upon entry to the plant: Badges. shall be wom where they can be readily ~~ seen. All badges shall be returned to the guard when leaving the plant. > Visitors and contractors sfiall park their vehicles in the areas designated by the guard, Contractors shat! shuttle their employees from this designated parking .area to their work site. Late arrivals shall walk to their work site. only vehicles property marked with company name shall be allowed in the wor[c site. locagan. Company vehicles ~ shall have prior ~ approval from the Watec Production Superintendent before being ~aliowed ~in the work area. City officials (elected and top management] and law enforcement officers are exempted from marking their vehicles. - 1 Non-plant vehicles shall 'not drive thru the- canopy area adjacent to the Chemical Building. This area has.several blind spots and is an area with heavy pedestrian and chemical delivery traffic. Contractors shall drive along the backside of the plant to access any work area located west of the Chemical Building. The area map shows the route that shall be taken. ~` > . ~ P{ease obey 2t[ posted traffic and informational signs. Unless otherwise posted, the speed limit within the plant is 10 mph. Page '~ of 7 (Revised 6!'1510oj > Visitors and/or contractors will be escorted at all Times while at the Plant unless authorized in writing by the Water Production Superintendent. if authorized to proceed unaccompanied, you will strictly Limit yourself to only those areas specified in the written.authorization. > Contractors and visitors shalt not operate any valve, pump, motor, or equipment. > The plant has a limited quanfity of telephones intended for plant use_oniy. Use of plant telephones is prohibited unless permission is given by the Vliater Production Superintendent on a case by case basis. Contractors are required ~by The contract speciftcations to provide their own telephones. > .The photocopying machine located at the plant is intended for plant use only. Use of.. the photocopier is .prohibited unless permission is given by the Water Production Superintendent on a case by case basis. > The restroom facilities located in -the plant are intended for plant employee and visitor use only. Contractors are required by contract specifications to furnish their employees with portable restroom facilities located near their field offices or work areas. Contractors working inside the buildings may use the plant restroom facilities. > Contractors coming inside to meet with plant operations or maintenance personnel shalt insure not to track mud inside the bwlding. - $ OKING > ~ City .ordinance prohibits smotcing in public. building; city owned buildings, and . .; : in city vehicles. ~ Smoking is_prohibited in all buildings within the plant and in all water - .,.treatrnent..areas:: ~ : - - - ~ ~ ~ ~ - > There are -two areas designated as smoking areas for office visitors: Outside the rear door of the ChemicaFBuitding and outside the East doorof the Filter Building. Smoking is permitted inside contractors' vehides: Cigarette butts shall be properly .~iisposed-of in proper receptacles. Cigarette .butts shall not be disposed of on the plant grounds. ~ - > _ ~ The Contractor may request a special area near his work site, but not inside his work area, to ~be designated. as a smoking area for the duration of the his project. _ . The Water Production Superintendent will allow smoking in this area :as tong as the . cigarette butts are properly disposed of. Page 2 of 7 {Revised 6.h5/00) ~ .~ t=40D AND BEVERAGES i > The possession and/or consumption of food and/or beverages is prohibited outside ' of the designated "lunch room° in the Chemical Building, Laboratory Buitding.~and Flter Building. These areas are limited in size and are reserved for plant employees 'i and their guests only. f > There are no food vending faatities within the plant. Contractors must either bring i in their lunches or travel outside the plant for lunch. Contractors may lunch in ~' their field offces, private vehicles, company vehicles or in a speaal area f designated by the Water Production Superintendent. I > Trash shah be property disposed of. Contractors shall be responsible for insuring that their employees are properly disposing of their trash. Contractors shall be responsible for disposing of their fie{d office trash on a daily basis. > Possession of illegal drugs or alcohol are grounds for immediate expulsion ~~ from the_Plant. Persons expelled from the Plant due to possession of drugs=may be refused reentry into the Plant. SAFETY EQUIPMENT _ _ I~ > All visitors and ~cpntractors shat! wear hard hats when visiting or working at the plant. Hard hats are optional in the offices, tab, control room, and the crew ready } room. Hard hats will be issued by the guard only to visitors of th~~lanf m naaer. The plant does not provide fiard hats to contractors or visitors of contractors. ' Contractors. shall famish hard hats to their employees and. their visitors. ` - ~ Ces, hearin protection and other > Contractors shall issue hard hats, ~ safety gogg g p ' safety equipment as required to work in the faatity. Construction crews are required. to wear safety.shoes. Visitors and consu{tants that.are:going to be.primarily in the office area are not required to-wear safety shoes. - ~~ > The contractor'sconstruction crew shall wear uniforms with the company's name. 'The contractor has the color option other. than blue,~wkiite,'or:orange which are. reserved for the plant employees. The uniforms maybe long sleeve ~shitts and ~ jeans or overalls. Contractors that are required to wear orange or-green safety vests by their company may do so as .long as the vests have company identil'icatton on them. -~ C~2N_EIdF~ ~!'4GE ENTRY PERMIT > ~ No one shall enter a confined space without first obtaining a "Confined Space . ~ Entry Permit" from either the Maintenance Superintendent or the Safety - ~ Coordinator. Persons entering the confined space ~shatt be property equipped, - - backed-up, .and supported by the required number of personnel.. - Page 3 of 7 (Revised 6/15lOOj > A confined space is defined as any space subject #o but. not limited to the following conditions: ~ . >An area not normally occupied by personnel. f >An area with limited access. >An area with limited air circulation. > ,Contractors shall refer to the Federal Register, 29 CFR Parts 1910.146 for the complete rules and regulations. EMERGENCIES > The Plant has a specific and detailed Emergency Contingency Plan covering fires, explosions, release{s} of hazardous materials to the air or to the ground, injured or ill personnel requiring immediate medical assistance, intrusion of unauthorized persons, any other event(s) not listed which present an imminent hazard to personnel, equipment,~facilities, or the environment. > Should you observe any of the above conditions, immediately notify the nearest Plant personnel and follow their instructions-regarding safety actions to take. > During an emergency, the Water Production Superintendent is the "On -Scene Incident Commander" until the first unifonried public safety officer, either Police or Fire, arrives. > in case of an emergency, the assembly location for those working near the chemical building shall be the Ready Room Iricated in the Chemical Building. The office space and the Ready Room of the Chemical Building are air conditioned with a ~t positive presurization system. For~those persons working in areas that are not able to get to the Ready Room because of the wind direction, shall assemble in the their field office, the: Guard House, or any other safe location-upwind of the ~"hot zone". ~. lf. assembly in a location other than the Ready -Room or the Guard House, call~the guard at 859=422'l and give him a head count and a list of names of those persons . sheltering-at that location. Stay off~the telephone-as much as possible so that you - ~ ~inay be contacted. --- _ > ~ All accidents or injuries must be .reported immediately to the. Plant Supervisor. > !n the event the Emergency Contingency Plan is implemented, follow alt instrucfions given #o you by O.N. Stevens Water Plant employees since alI Plant employees are ~. trained in emergency response. Do not initiate any action on your own. . F1RE~~ { > ~ Firearms are not allowed to be carried into the plant premises either in vehicles or on a person's body. Active duty law enforoement of ficers are exempt. Concealed weapon permits will not be honored at the plant. . Page4of7 ~ (Revised 6/15/00) ~ ' ~~MERGENCY COORDINATORS - > Primary Coordinator - Mucio Garza, P.E., Water Production Superintendent, 1 ph 861-1212, pager 880 9706. ~~ > First Altemate - On duty shift supervisor. Plant Supervisor ill, ph 861-1215. > Second Altemate - Franc Rodriguez, Maintenance Superin#endent, ph 861-1214. > Confrned Space Entry Permits -Maintenance Superintendent or his designee, ph ~ 861-1214, or Safety Coordinator, ph 861-1223. i .~~ Contractors who will be engaged in construction activities at this facility far extended periods of time will be required to receive additional training. VisitodContractor~to retain pages 1 ~thru 6 for their information. ~ ORtENTAT(ON_WPD .REVISED: June 15, 2000 . .Page;S of 7 {Revised 5/15lOa) ; . Page 6 of 7 ~. ~ ~ (Revised 6/15100] 1 I l i 1 f l i O.N. STEVENS WATER TREATMENT PLANT VISITORlCONTRACTORACREEMENT (Must be returned to O.N. Stevens Plant Signed and Da#ed before entry will~be permitted.} I 1, ,have read and understand these Name (Please PRINT in ati caps) requirements and agree to abide by them as a condition to my being allowed access to the O.N. Stevens Water Plant. I understand that failing to comply with any of these requirements may result in my being asked to~ leave the Plant. SIGNED: DATE: EMPLOYED BY: (No abbreviations, please PRINT in all ~capsj ADDRESS: CITY: STATE: ZIP CODE: WITNESSED BY: .EMPLOYED BY:~ . Page ?.of 7 (Revised 6'/15/00) A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEL~NT is entered into this 21ST day of JULY, 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 Cactus Utility 2, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $275,697.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 (TOTAL BASE SID: $275,697.00) 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 I II III IV V ITEM QTY Description Unit Price Total 1 1 LS Mobilization, complete in place per lump sum ~ ~_~ S 5,000 00 2 ~ Ls Exploratory Excavation, complete in place lump sum. 9,655.00 S x,655.00 3 190 LF 36" RCP (Class V), complete in place per linear foot 580.00 S 110,-200.00 4 20 LF 60" RCP (Class V) (Pipe to be provided by City), complete in place per linear 639.00 S 12,780.00 foot. 5 2 EA 10' Diameter Fiberglass Manhole, com lete in lace per each. p p 37,435.00. S 74,870.00 6 283 LF Trench safety, complete in place per f t li 50.00 S 14,150.00 oo . near ~ 73 LF 12" PVC Water line (C905-DR18), complete in place per linear foot 54 00 S 3,942.00 g 550 SY Roadway Pavement Repair, complete in place per square yard. 12.00 S 6,600.00 g 1 LS Erosion Control by Seeding, complete in place per lump sum 7,500.00 S 7,500.00 10 1 LS Remove existing brick and grout plug, from manhole, complete in place per 486.00 S 486.00 lump sum 11 1 EA 36" Plug, complete in place per each. 710.00 S 710.00 12 1 LS Utility Allowance, complete in place $10,000.00 $10,000.00 per lump sum 13 1 LS Silt Fence, complete in place per lump sum. 2,188.00 S 2,188.00 19 1 LS Temporary reroute of 12" waterline with 12" HDPE water line and associated fittings above ground, complete in place per lump sum. . 7,5$0,00 S 7,580.00 15 2 Epp Trench Safety for 10' Diameter Manhole, complete in place per each. 5,018.00 S 10,036.00 TOTAL BASE BID: $ 275.697.00 {Bid Items 1-15) The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City Secretary CITY O~F~CORPUS CHRISTI BY ~ ~~.// ' .wd.. Oscar Martinez Assistant City Manager APPR AS LEGAL FORM: By: Asst. City Attorney Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Cactus U ili 2, LLC Title: P.O.BOX 4503 (Address) CORPUS CHRISTI, TX 78469 (City) (State)(ZIP) 361/289-0022 * 361/289-1546 (Phone) (Fax) Agreement Page 2 of 2 „~2~0~,,; a ~b~u~rHQ~z~ ..... 's'ir 1°~. f~ ,' ,~.~:... ~ w.,, P R O P O S A L F O R M ~ "- F 0 R ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE Project No. 8602 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 6 P R O P O S A L Place : Corpus Christi, Texas Date : June 17, 2009 Proposal of Cactus Utilitv~, LLC a Corporation organized and existing under the laws of the 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: ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: I II III IV V ITEM QTY Description Unit Price Total 1 1 LS Mobilization, complete in place per lump sum 5,f~_00 $ 5x000.00 2 1 LS Exploratory Excavation, complete in place lump sum. 9,655.00 S 9.655.00 3 190 LF 36" RCP (Class V), complete in place per linear foot 580.00 $ 110,200.00 4 20 LF 60" RCP (Class V) (Pipe to be provided by City), complete in place per linear 639,00 S 12,780.00 foot. 5 2 EA 10' Diameter Fiberglass Manhole, complete in place per each. 37,435.00. S 74,870.00 6 283 LF Trench safety, complete in place per linear foot. 50.00 S 14,150.00 ~ 73 LF 12" PVC Water line (C905-DR18), complete in place per linear foot 54 00 $ 3,942.00 8 550 SY Roadway Pavement Repair, complete in place per square yard. 12.00 S 6600.00 g 1 LS Erosion Control by Seeding, complete in place per lump sum 7,500.00 $ 7,500.00 10 1 LS Remove existing brick and grout plug, from manhole, complete in place per 486.00 S 486.00 lump sum 11 1 EA complete in place per each. 36" Plug 710.00 $ 710.00 , 12 1 LS Utility Allowance, complete in place $10,000.00 $10,000.00 per lump sum 13 1 LS Silt Fence, complete in place per lump s,~ 2,188.00 S 2,188.00 14 1 LS Temporary reroute of 12" waterline with 12" HDPE water line and associated fittings above ground, complete in 7,580.00 $ 7,580.00 place per lump sum. 15 2 EA Trench Safety for 10' Diameter Manhole, complete in place per each. 5,018.00 S 10,036.00 TOTAL BASE BID: $ 275,697.00 (Bid Items 1-15) Proposal Form The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (.original signed) sets. Time of Completion: The ..undersigned agrees to complete the work within 150 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. number) Receipt of the (SEAT, - IF BIDDER IS a Corporation) following addenda is acknowledged (addenda Respectfully submitted: [; ff Name: B y : . ,~ Address : PO Box 4503 1413 Valero Way (78!+09 ) (P.O. Box) (Street) ~rnLS Chr_isti~ TX 78469 (City) (State) (Zip) Telephone : 361-289-0022 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2000) ~~3~9~go P E R F O R M A N C E B O N D STATE OF TEXAS ~ COUNTY OF NUECES § I~TOW ALL BY THESE PRESENTS: THAT Cactus Utility 2, LLC of NUECES County, Texas, hereinafter called "Principal", and corporation organized under the laws of the State of_~~ , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED SEVENTY-FIVE THOUSAND SIX HUNDRED NINETY-SEVEN AND NO/100 ($275,697.00 ) 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 21ST of JULY 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 (TOTAL BASE BID: $275,697.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one f which shallAA~~be deemed an original, this the ~ day of ~~_, 20~. PRINCIPAL ~A c~4,~ s By: ATTEST (Print Name & Title) SURETY Attorney-in-fact Douglas C. ®razel (Print Name) A,ggn~s: Frost Insurance cency, Inc.-Frost Parkdale Financial Center Contact Person: Doug yrazel/ Bob Wotipka Address: 4215 S. Staples Corpus Christi, T% _78411 Phone Number: 361-844-1001 Doug Vrazel egt. 59025; Bob Wotipka egt. 59073 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 SureTec Insurance Company _ P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § I~TOW ALL BY THESE PRESENTS: THAT Cactus Utilit 2 LLC of NUECES County, Texas, hereinafter called "Principal", and , a corporation organized under the laws o the State of_r-~ , and duly authorized to do business in the State o 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 TWO HUNDRED SEVENTY-FIVE THOUSAND, SIX HUNDRED NINETY-SEVEN AND NO/100 ($275,697.00) 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 21ST day JULY 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: ONSWTP CONNECTION OF SEDIMENTATION BASINS 1 AND 2 DRAIN LINE TO 60" DRAIN LINE PROJECT NO. 8602 (TOTAL BASE BID: $275,697.00) 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 WSEREOF, this instrument is executed in 4 copies, each one which shall be deemed an original, this the day of 20~_. PRINCIPAL r (Print-Name & Titl ATTEST (Print Name & Title) SURETY SureT'ec Insurance Company f ~ ~saiC"--°----`c~r~~vr.---uv~.i.vc-aaaa.a--vcs~r.a.c v.~-~rrvazco~o'~rrnvr:p Agency: Frost Insurance A.eency, Inc.--Frost Parkdale Financial Center ~ Contact Person: Doug Vrazel/Bob Wotipka Address: 4215 S. Staples Corpus Christi, T% 78411 ~ Phone Number: 361-844-1001 Doug Vrazel egt. 59025; Sob Wotipka egt. 59073 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond ~ Page 2 of 2 Attorney-in-fact Douglas C. Vrazel (Print Name) POA #: 4221048 -Victoria ~re~''ee I~.sura~~e ~~.n~any LIIYIITED POti~R t}F ATTUR1~iEY Rstrfr Ail 1t?en 6y ~"~esr ~"resen~, That SI~tETI~C INSURAI~ICE COMPANX {the "Cotrrparty"), ~ earporation duly ot~attized and existing under the la;vs of tl~e, Mate of Texas, azld ~~vhg its principal if~~e. in ~ouatan ~Iarris Ct~unty; 'T`exas, does by these presenis make, cnr~titute and appoint Douglas C. Vrazel, Jim R. Poe, John F. Brimberry, Lynell Scherer, Martha Robinson, Ron Dickson its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: 13r' it ;Resolvest+ that the:President, any ice-President; any,Assistant Vice-Pr~.culent; any Secretaryg or any Asssst~nt S~cre3ary stall he and is :hereby vested' with full power anct aufliprity to appoixit any one or -suit~ll~pons'as:Atti~rney(s}in-Fact to>r~resent and act fat and ar# Behalf of the Cizmpany subji;ct to the fallcirvirig pravisiorts: Arrorrsey-itn-Fnct msy be given full' pawer.ant authority for a-rd .in #Ine name: of and of behalf of ttie Cwnpatzy, io estecute, acknowledge anri deliver;. any artd all bonds;; recogriizarrces; contracts, ag~ts or irideniry.and other conditional or obligatory undertakings and airy and all notices and dosutncnls canceling or terminating tlae. Cornpatry's. liability dterotutsler; ansl any :such. insfrumerrts sa executed by any such Attorney in-Feet shall be binding i~aon tlse ~psnja as if signed by tti~ `President and scaled and 'effected by the Copc~rate Secretary. Be %~ Rr~sgCverii 'that the sigrtatttre oi'any authorized ofFscer and seal of the Corrtpany heret~f©r~ or hereafter affixed t+? .any Iwwer of att+~msy or arty certificate rclaGng thereto ley facsimile, acrd arty power of'attorney or certificate bearing fx{r~imile signature of facsimile seal shall lie valid and binding upon the Coangany with respect'to ariy baud 4i undertakia$ to which it is-attacfred. {,~dop#ed ut a meersng held on 2tltli crf a4pril, t~~~}: In Wttaess iT'/z~reaf; SLlItETEC TNSUITANC~ C©MPANY lies causec€ these presents to be signed by ifs Presidert, and :its corporate seal to be hereto affixed this 28th. day of'Qefolxe, ~l.lll. 2Ot18. ~. ~.-~ 5I~'lC'E'C IRIS. C~ Gf}IVIP~1'i;Y u r ~~ ; r-~f By`c ~6; ~ ~~, State ofTexas 8.+: ~ ~~ v '' r 'T CEytitrtyof`Iiris ~ ~"` ~~` m~ Can this 2$h day of (3stober, 20€18 before me personally came B.J.. King;: to me krrown;:who, bring by me duly .sworn, did depose and say, .that he asides in Flousttm, Texas; that he is Ptdent iif SURFTE~ lNS1Jl2AI+ltME CE?MP~, the eampany described in and which. executed tixe :shove instr~:tnent; that he knows rho seal of said Conzlray; that the seat affrxed" to said instrument. is such. corporate seal;: that it eras sa a~.Yxed by cider of the Board of L3irectots of said company; and that:he signedhis-name thereto by tiler". order. ~ ~Cll{it l~~ NcAiryPub iif t15q~TrvnAtrprst~.9%tt3 ~ r~~ 11~Ilchelle I}eutty, Nntsry P lie. My coiirtrissrnn expires August Z'T, 2012 li M:13rent Beaty, Assistant SeeteLary of SiJItETEC Il!iSi7R;r1:NGE ~OiVIP.~4N'~', da:hereby.certify that th~.abave and foregoing isa true and correct copy of a Power of Afts3triey;, executed. by said Gc~tnparty; wh'reh is still in full force and effect; and.furthermore;.rhe resolurirnis of the Board of 13ireetors, set out in the Power ofAt€urney are in fnll;force; and effect: Giuen under ttmy hand and the .seal of said Company at Houston, Texas: this:. ~ $ .day of , 2U. OQ , A.i7. ~`'f _- 11 Brent ~, Assis ant Secret~iry Any Instturttent Issued In excess af'the penalty stafed above is totally xoid and without any validi#y; Fur verificatlort oi.the authority o€ this pstrNer you may cal! {]13} 812-0t3t)€! arry business-day between 8:4Q am axed 5:t?t1 pm CST. CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name/No.:ONSWTP Connection of Sedimentation Basins 1 & 2 Drain Line to 60" Drain Line Project #8602 Surety Company: SureTec Insurance Company Gentlemen: I, Robert D. Cave (name of Officer of surety) , hereby certify- that the facsimile power of attorney submitted by Douglas C. Vrazel (Attorney- In-Fact ) for Cactus Utility 2, LLC (Contractor), a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety .company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 Signed this 21st day of August 20 os _... ~~ Name : obert D. Cave Title: Sr. Vice President Sworn and subscribed to before. me on this 21st day of August 2 p 09 ,~"~ „~ Casey A. Gauntt ~:~~• a ~` ~...~.~ ~, Caution ~ai°•'•4'~ Mauch 30.2013 Notary lic State of Texas My Commission Expires : 3/30/13 (Revised 9/03) ATTACHMENT 1 1 OF 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 -- 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. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME Cactus Utility 2, LLC STREET: 1413 Valero Way CITY: Corpus Ch_r; sti ZIP: 78409 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association _ 5. Other LI,C DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 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 and City Department (if known) NA 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 NA 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 NA 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld .disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Tv Gentry Title: EXeCLtive Mana~r (Type or Print) Signature of Certifying Person: -~=-:.; 4~.-- ~.~``~_ Date: ~iimP 17r 2nn9 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, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 6 of 6 From:Lynell Scherer FaxID: Page 1 of 5 Date:82520tI4 04:24 PM Page:1 of 5 ~R' CERTIFICATE OF LIABILITY INSURANCE ° P C V~ DATE(MMIDD/YYYY) r. A T i 08/25/09 Du THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frost Insurance -Victoria HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 2625 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Victoria TX 77902 Phone: 361-580-9010 Fax:361-580-9065 INSURERS AFFORDING COVERAGE NAIC# INSURED WSURERA-. TEXdS Mutual Insurance Co. INSURER B Union Standard Lloyds Cactus Utility 2 L L C INSURER C: P O Sox 45 3 ti TX 78469 Ch INSURER D ris Corpus INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY COIJTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSU CE POLICY NUMBER DATE {MMIDDIVYYY) DATE (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 8 X COMMERCIAL GENERALLIABILITV CNA4349456 05/04/09 05/04/10 PREMISES (Eaoccurence) $ 100,000 CLAIMS MADE ~ OCCUR / MED EXP (Any one person) $ 5 , 000 I/ PERSONAL B ADV INJURY $ 1 , OOQ , OQQ GENERAL AGGREGATE 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMP/OP AGG $ 2 , 000 , 000 POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 1 000 g }~ ANY AUTO CNA4349456 05/04/09 05/04/10 {Ea accident) , , ALL OWNED AUTOS ~ BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS l UMBRELLA LIABILITY EACH OCCURRENCE 1 , 000 , 000 $ X OCCUR ^CLAIMSMADE CUA4349460 05/04/09 05/04/0 AGGREGATE $1,000,000 DEDUCTIBLE $ }{ RETENTION $ 10000 $ WO KERS CO PENSA ON EMPLOYERS' LIABILITY X TORY LIMITS ER j~ AND ANY PROPRIETOR/PARTIVER/EXECUTIVE 0001190755 05/05/09 05/05/10 E.L. EACHACCIDEM 1,000,000 ^ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) / E.L. DISEASE - EA EMPLOYE $ 1 , 000 , 00 0 If yes, describe under SPECIAL PROVISIONS below ~/ E.L. DISEASE -POLICY LIMIT $ 1 , 000 , 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project:ONSWTP Connection of Sedimentation Basins 1~2 Drain Line to 60" Drain Project No 8fi02. Cert Holder is named as Addl Insd on Gen Liab & Auto / Liab 6 Waiver of subrogation on Gen Liab, Auto & Workers' Compensation per v written contract. cFaTlt:Ir.CTE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TF/E EXPIRATION CICOR-1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City Of COTp135 Chr15t1 i i REPRESENTATIVES. a Arr aga Sylv P O Box 9277 q REPRESENT /a or us Christi TX 78469-9277 G~ ACORD 25 (2009/01) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From:Lynell Scherer FaxiD: Page 2 of 5 Date:82520b9 0424 P'M Page:2 of 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 From:Lynell Scherer FaxID: ~ Page 5 of 5 Date:8252009 04:24 PM Page:S of 5 Insured U Cactus Utility 2LLC Policy # CNA4349456 The provisions of the Commercial Geheral Liabi9ly Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in tFbs policy. A. M13Ci"Li,ANE0U8 ADDI'TTt~NAI. tldSUl7EDS WFf015 AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to as additional _ insured below) de- scribed in paragraphs A.S.A. through A.S cl. below when you and such person ar organization have agreed in writing in a contract or agreemerd that such person or organization be added as an addF tional insured on your policy, provided that: 7. The written contract or written agreement is: (a) currently in effect or becoming effective during the term otthis policy; and (b) fuiy executed by you and the additional insured prior to the bo der injury, pr op• arty damage, or p ersonal and advertis- inginjury. 2, The insurance afforded by this provision does rmt apply to any person a organization in• chided as an add'dlortal instrred by a separate endorsement issued by us and made a pan of this poNcy or coverage pan. 3. Only the foNowing persons or organizations erg addiional insureds under thLs provtsian, with coverage for such additional insureds limited as provided herein: a. Managers or Lessors of Premises A manager ar lessor of premises but only with respect to AabiBty arisMg out of the ownership, maintenance or use of that part of the premises leased to you and subject to the foNowing additional exclu- b. iessttr Of Equipmetrt Any person or organization from whom you Tease equipment. Such person ar or- garbzation is an insured orbyt w9h respect to fiabTdy far "bodgy injury", "property damage" or "personal and advenising ln- juny' caused, in whole or in pan, by your mabnenance, vperstion or use of gquip- ment leased to you by such person yr or- ganixatiort, A person s or organizations status as an addNTorsal insured under this erxtorse• meat ends when iTurir contract or agree- ment with you for such leased equipment ends. This insurance does not apply to any "oc- currence" which takes pace after the equipment lease expires. o, controlling Interest Any person(s) or arganiz~ian(s) with a c^cmtro~ng irxert:st in the Named insured. but only wNh respect to their gabihty arcs- ing out of 1. Their finantdat control of the Named Insured; or 2, premises they own, maintabt or Con- trol white the Named Insured leases ar occup~s these premises. This insurance does not apply to strut:- turai alterations, new cons0'uctTon and derttroRiort operations performed by tx for / such addNional insured. V! d. Hers Or coittractara Far Wttotn You Are Performing QrtBoing Qperations This insurance does not apply to: (7) Arty "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural a{teratiorrs, new construc- tion or demolkion operations par formed by or on behalf of such addi- tfonai insured. you are penormtng operations our only whh rasped to NabNity far "bodily aiJuury", "property damage' or "per- sona{ and adverNsing ir~uryl" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; In the pgrtonnance of your ongoing operations for the addkionat insured. A person's ar orgarbzation's status as an add'bima! ins under fibs pro- vision ends wl~n your operations for that additional insured are completed. CL CG 04 4917 OS Includes oopyrtghted material of Insurance Services Office, Inc., Page 2 of 6 with its permission From:Lynell Scherer FaxID: Page 4 of 16 Date:B/252009 11:14 AM Page:4 of 16 COMMERGIAL t3ENERAL LiABILiTY CL CG 04431106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the Following: COMMERCIAL GENERAL LIAEILITY COVERAGE PART SUMMARY OF COVERAGE EXTEN810NS Paragraph Name Of Extension Limit or No. Included A. Miscellaneous Additional Insureds included B. Aggregate Limts Of Insurance For Construction Projects: 1. Single Construction Project Aggregate Limit (Away From Equal to General Premises) ~ Aggregate Limk 2. Cap For Ail Damages From AIt Ongoing Construction Projects $5,000,000 C. Expected Or Intended Injury Or Damage Included D. Joint Venture ! Partnership t Limited Liability Company Coverage Included E. Knowledge Of Occurrence Included F Legal Liability Damage To Premises Rented To You (Fire, Lightning, $300 000 Explosion, or Leakage From Automatic Fire Protective Systems) , G. Medical Payments ~ $'10,000 H. Mobile Equipment Redefined Incuded I Newly Formed Or Acquired Organizations Extended Period Of Cover- ~ Included age J. Non-Owned WatercraA (Increased to maximum length of) 51 feet K. Supplementary Payments Increased Limits: 1. f3ad Bonds $2,500 2. Loss Oi Earnings $1,000 L. UnintenCtonai Omission In Disclosure Included M. Waiver Of Subrogation Included The above is a summary only. Please consuk the specific provisions that fofiow for complete informatbn on the extensions provided. it there is a conflict between this summary and the endorsement provisions that rollow, the endorsemern provisions shall prevail. ~~~ ~ -- ~ ~~ CL CG 04 4311 OB Includes copyrighted material of Insurance Services Office, tnc„ page 1 of $ with ks permission From:Lynell Scherer FaxID: Page 5 of 16 Date:8252009 11:14 ArJI Page:S of 16 The provisions of the Commercial General Liability Coverage Part apply except as otherwise provtded in 4his endorsement. This endorsemem applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS AbDiTIONA! INSUREDS WHO IS AN INSURED (Section In is amended to include as an insured any person or organzation (referred to as additional insured below) de- scribed to paragraphs A.3.a. through A.3.d. below when you and such person or organization have agreed in writing in a contract or agreement that such person or organizatlon be added as an addt- tionai insured on your polcy, provided that: 1. The written contract or written agreement is: (a) currently in effect or becoming effective durk-g the term of this policy; and (b) fully executed by you and the additional insured prior to the bo dily injury, pr op- enly damage, or p ersonal and advertis- ing injury. 2. The insurance afforded by this provssion does rrot appty to any person or organization in- cluded as an additbnal insured by a separate endorsement issued by us and made a part of this policy or coverage part. 3. Only the fallowing persons or organizations are additional insureds under this provision, with coverage for such additional insureds firirited as provided Herein: a. Managers or Lessors of Premises A manager or lessor of premises but only with respect to Nabltity arising out of the ownership, maintenance or use of that part of the premises teased to you and subject to the following additional exclu- stuns: This insurance does Hat apply io: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construc- tion or demolition operations per• formed by or on behalf of such addi- tional insured. b. Lessor Of Equipment Any person or organization from whom you tease equipment. Such person or or- ganization is an insured only with respect to Gabifrty for "bodily injury", "property damage" or "persona! and advertising in- jury" caused, in whole or in part, by your maintenance, operation ar use of equq~- ment leased to you by such person ar or- ganization. A person s or organizations status as an additional insured under this endorse- ment ends when their contract or agree- ment with you for such leased equipment ends. This insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. c. Controlling Interest Any person(s) or organization{s) with a controlling interest in the Named Insured, but only with respect to their liability aris- / ing out of 1. Their financial control of the Named Insured; or 2. Premises they own, mainmtain or con- trol while the Ahmed Insured leases or occupies these premises. This insurance does not apply to struc- tural alterations, new construction and demolition operations performed by or for such additional insured. d. Hers Qr Contractors For Whom You Are Performing Ongoing Operations 1. Any person or organization fvr whom you are performing operations but only wlth respect to liability for "bodily injury', "property damage" or "per- sonal and advertising injury" caused, In whore or in part, by: a. Your acts or omissions; ar b. The acts or omissions of those acting on your behaN; ht the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this pro- vision ends when your operations for that addltional insured are completed. CL CG 04 431106 Includes copyrighted material of Insurance Services (9ffice, Inc., Page 2 of 8 vJah its permission From:Lynell Scherer FaxID: 2. Page 6 of 16 Date:825/2009 11:14~AM Page:6 of 16 With respect to the insurance af- (b) To bodi ly injury, pro party damage or forded to these additional insureds, personal and advertising injury arising the following additional exclusions out of the sole negligence of such addi- apply: tionai insured. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising in- jury" arising out of the rendering of, or the faNure to render, any professional architectural, engi- neering or surveying services, in- cludfng: (9) The preparing, approving, or faNing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, ar- chitectural or engineerktg ac- tivities, b. "Bodily fnjur~' or "property dam- age" occurring after: (1) AN work, including materials, parts or equipment famished in connection wdh such vrork, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to coverage provided by this provi- sion A. Miser-'" ieous Additional Insurers, the foilowr~ ~ provisions also apply: provided to an additional in- i under paragraphs A.3.a 'e does not apply: or pro party damage ~~ ~ .., the prod acts-completed z. . ~~ hazard; or t (2) Pawagraph d.b. of Section N -Commercial General i.iabtiity Conditions is deleted and repiaced with the foNowing: b. 6ccess insurance This insurance is excess aver: i. Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured Mess you and the addNbnal insured have spec~icaNy agreed ir- writing that this insurance be prRnary. Then we will treat any other insurance maintained by the additional insured for fijury or dam- age covered by prov~ion A. Miscei- laneoua Additional Insureds, ex- cept such other insurance as noted in paragraph b.2, below, as excess to this insurance. If speci(icaNy required by such written contract or written agreement, we wNl not seek contribution from arty other liability insurance avaNabie to the ad- ditional insured for injury or damage covered by provision A. Miseellane- cus Additional In:tirade, except for such other insurance as noted in paragraph b.2. below. 2. Any other primary liability insurance available to the additional Insured for damages arising out of premises or ongokrg operations for which such person or organization has been added as an additional insured by at- tachment of an endorsement. Wheh this insurance is excess, we will have no duty under Section 1 - Coverage A Bodily Injury And Property Damalge Liability or Cov- erage 8 Personal And Advertising Injury Liability to defend ttre insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". if no other insurer defends, we wNt undertake to do so, but we wilt be entided to the insured's rights against aN those other insurers. When this insurance Is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: CL CG 04 4314 06 Includes copyrighted material of Insurance Services Office, inc., Page 3 of B with its permission From:Lynell Scherer FaxID: Page 7 of 16 Date:825/2009 11:14 AM Page:? of 16 (i) The total amount that all such other insurance would pay for the loss in the AhSencB of this insur- ance; and (2) The total of a! deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, wNh any other insurance that is not described in this Excess insur- ance provisron and was noL bought specificaNy to apply in excess of the Limits of Insurance shown in the Dec- taratlons of this policy or coverage P~ B. ACiOkC-C3A7E LIAAITS OF INSURANCE FOR CONSTRUCTION PROJECTS 1. For aN sums which the insured becomes Le- gally obligated to pay as damages caused by occu rrences under Coverage A (Section (), and for aN medical expenses caused by acci- dents under Coverage C (Section I), which can be attributed only to ongoing operations at construction projects away from premises owned by or rented to the insured: a. The most we will pay wits be capped at $5,000,000, regardless of the number of; (1) Occunences; (2) Insureds; (3) Claims made or sui is brought; (4) Persons or organizations making claims or bringing su its; o r (5) Separate construction projects. b. Subject to paragraph 8.1.a. above; (1) A separate Single Construction Pro- ject General Aggregate Limit applies to each construction project away From premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. (2) The Single Construction Project General Aggregate Lfmk is the most we will pay for the sum of aN dam- ages under Coverage A (Section i), except damages because of bodi ly injury or pro party damage included in the pro ducts-completed opera- tions hazard, and for medical ex- penses under Coverage C (Section I) regardless of the number of: (a) insureds; (b) Claims made or subs brought; or (c) Persons or organizatrons making cleans or bringing su Ns. (3) Any payments made under Cover- age A (Section I) for damages ar under Coverage C (Section 1) for medical expenses shah reduce the Single Construction Project General Aggregme Limit for that construction project away from premises otaned by or rented to the insured. Such payments shah not reduce the Gen- eral Aggregate Limit Shown in the Declarations nor shah they reduce any other Single Construction Project Gerterat Aggregate Limit for ahy other separate construction project away from premises owned by or carded to the ktsured. (4} The Nrri~ts shown in the Declarations for Each Occurrence, Fie Damage and Medical Expense continue to ap- ply. However, instead of being sub- ject to the General Aggregate Limit .shown in the Declarations, such I'imits wiN be subject to the applicable Sin- gle Consttuction Project General Ag- gregate t.imk 2. For all sums which the insured becomes le- gally obligated to pay as damages caused by occu rrences under Coverage A (Section n, and for all medical expenses caused by acci- dents under Coverage C (Section i), which cannot be attributed only to ongoing opera- tions at a sirtgie construction project away from premises owned by or rented to the in- sured: a. Any payments made under Coverage A (Section n for damages or under Cover- age C (Section I) for medical expenses shall reduce the amount available under the General Aggregate Limit or the Prod- ucts-Completed Operations Aggregate Limit whichever is applicable; and b. Subject to paragraph B.1.a. above, such payments shah not reduce any Single ConsUuction Project General Aggregate Limit. CL CG t14 43 11 06 'includes copyrighted material of Insurance Services Office, Inc., Page 4 of t3 with its permission From:Lynell Scherer FaxID: ~ Page 8 of 16 Date:B/252009 11:14 AM Page:B of 16 3. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages be- cause of both ly injury or propert y damage included in the prod ucis-completed opera- tions hazard will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Ag- gregate Limit. 4. If a single construction project away from premises owned by or rerned to the insured has been abandoned, delayed, or abandoned and then restarted, or ff the authorized con- tracting parties deviate from plans, blueprints, desigris, specifications or iimetabies, the pro• jecl will still be deemed to be the same con- struction project. 5. if endorsemern CG 25 03, Designated Con- strucCwn Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also a part of tips policy or coverage part, the most we will pay Far all sums which the insured becomes legally obli- gated to pay as damages caused by occu r- rences under Coverage A (Section i) and aN medical expenses under Coverage C {Seo- llon I), which can be attributed only to ongo• ing operations at: (1) Any construction project(s) designated in such Ct3 26 03 endorsement (or in a simi• lar such construction project(s) aggregate endorsement); or (2) Any construction project(s) to which the provisions of section B. Aggregate Lirrt- its Of Insurance For Construction Pra jeots in this endorsement and the provi- sions of such CG 25 03 endorsement (or a similar such construction project(s) ag• gregate endorsement) both apply, will be subject to the same $5,000,000 cap shown in paragraph 6.1.a. above ti. The provisions of Limits Of Insurance (SeG tion III) not otherwise mod~ed by this en- dorsement shall continue to apply as stipu- lated. C. EXPECTER OR INTENDED INJURY OR DAMAGE Under Section I - Coverage A - BodNy Injury And Property Damaige LlabNity, Exclusion 2.a., ixpected Or Intended injury, is replaced en- tirelywith the foNowing: a. Expected Or IMeftded injury B odily irguury or prop arty damage expected or intended ham cite standpoint of the irr sured. This exclusion does riot apply 1o bod- ily iryury or prop arty damage resulting from the use of reasonable force to protect per- sons or property. D. JOINT VENTURE ! PARTNERSHIP I UNITED LIABILITY COMPANY COVERAGE 1. The foWowing is added to Section II -Who Is An Insured: 4. You are an insured when you had an in- terest in a joint venture, partnership or limited IiabifRy company which terminated or ended prior to or during this policy pe- riod, but only to the extent of your interest in such joint ventuue, partnership or qm- ited fiabirity company, This coverage does not apply: a. Prior to the termination or end date of any joint venwre, partnership or Nm- ited liat>iNty company; b. If there i5 other valid and coNectible insurance purchased specifically to insure the joint venture, partnership or limited fiabiNty company; or a To a joint venture, partnership or im- ited liab3ity compaity which u. or ever was, ktsured under a consul i- dated (wrap-up) insurance program (also known as an owner-conholled insurance program). Consoli dated (wrap-up) insurance pro- gram {also known as an owner- comrolied insurance program, O.C.I.P.) means a construction, erection or demoli- tion project for which the prime contrac- tor/project manager or owner of ttte con- struction, erection or demoAtion project has secured general IiabiNty insurance covering some or all of the contractors or subcontractors involved in the project, sometimes re#erred to as an a Contractor Contro0ed insurance Program (C.C.LP.) CL CG 04 4311 06 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission From:Lyneil Scherer FaxID: Page 9 of 16 Date:8252009 11:14 AM Page:9 of 16 2. With respect to the coverage provided by this section G. Joint Venture /Partnership 1 Limited Liability Company Coverage, the last paragraph of Section II -Who is An in- sured is deleted and replaced by the fotlow- ing: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limned liability company that is not shown as a blamed Insured in the Decla- rations. E. KNOWLEDGE OF OCCURRENCE Sub-paragraph a. under 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit con- tained in Section IV -Commercial General Li- ability Conditions is deleted and replaced by the fotlo~ving: a. You must see to it that we era notified as soon as practicable of an "occurrence" or an offense which may resuR in a claim only when the occu rrence or offense is knovrn to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, it you are a limited liability company; or (4) An execut ive officer or the em pioyee designated by you to give such notice, it you are an organization other than a partnership or a limited IiabiQty company. To the extent possib~, notice should include: (5) How, when and where the "occurrence" or offense took place; (ti) The names and addresses of any injured persons and witnesses; and (7) The nature and location of any injury or damage arising out of the "occurtnce" or offense. F. LEGAL liABil1TY -- DAMAt3E TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Leakage From Automatic Fira Protective Systems) ff damage by fue to premises rented to you is not otherwise excluded from this policy or coverage part, than the following provisions apply: 1. Under Section I -Coverage A, the bast para- graph (after the exclusions) is replaced in its entirety by the following: Exciusions c. through n: do not apply to dam- age by fire, NgMning, exposion, or leakage trom automatic fee protective systems to premises wh8e ranted to you or temporarily occupied by you whh the permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTi~d Ilq. 2. Under Section i -Coverage A, the para- graph immediately after paragraph j,(e) under 2. Exclusions is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, and leakage from automatic floe protective sys- tems) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Gmd of Insurance applies to Damage To Premises Rented To You as described in Section IN Limits Of Insurance. 3. Under Section III -limits of insurance, paragraph f3. is replaced in its entirety by the following: f3. Subject to b. above (the Each Occur- rence Limit), the greater of: a. 5300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we wtli pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fa~e, lightning, exposion, or leakage from automatic fire protective systems, while rerried to you or temporarily occupied by you with permis- sion of the owner. This limit will apply to alt damage proxi- mately caused by the same event, whether such damage resuks from tire, lightning, explosion, leakage from auto- matic fire protective systems, or other covered causes of loss or any combina- tion thereof. CL CG 04 4311 Olt Includes copyrighted material of insurance Services Olfice, Inc., Page 0 of 8 with its permission From:Lynell Scherer FaxID: ~ Page 10 of 16 Date:8252009 11:14 AM Page:10 of 16 4. Under Section IV -Commercial t3enerei Li- ability Conditions, Condition 4. Other In- surance, paragraph b.(1)(b} is replaced by the folowing: (b) That is fire, lightning, explosion, or leak- age from automatic fire protective sys- tems insurance for premises rented to you or femporarily occupied by you with permission of the owner, or 6. Under Sectlon V -Definitions, subparagraph a. of definition 8. "insured contract is re- placed in its entirety by the following; a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies arty person or organization for damage by fire, lightning, explosion, or leakage from automaC~c Bra protective systems to prem- ises while rented to you or temporarily occupied by you with permission of the owner is not an "Insured contract". G. MEDICAL PAYMENTS It Coverage C. Medical Payments is not other- wise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section III -Limits Of Insurance, to the greater of: a. 510,000; or b. The medical expense limit shown in the Declarations of this policy or coverage part. H, M0131LE EQUIPMENT REDEFINED Under Sectlon V -definitions, definition 12. Mobile Equipment, p~'agraph f.(1) is entirety replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for. (a) Snow removah (b) Road maintenance, but not construction or resurfacing; or (C) Street cleaning; i. NEWLY FORAAED OR ACQUIRED ORf3ANIZA- TION8 -EXTENDED PERIOD OF COVERAGE Paragraph 3. under Section II-Who is An In- sured is replaced by the foNowmg: 3. Any organization you newly acquire or form, other than: (~ a partnership, joint venture, or limked tiabilky company; or pi) An organization excluded either by the provisions of this pofcy or coverage part, or by endorsement, and over which you mair><akt ownership or majority interest of more than 5045 wlll qualify as a Named Insured ff there is no other similar insurance avatiable to that organization. However: a. Coverage under this provision is afforded onty until the next anniversary date of this policy s effective date after you acqure or form the organization or the end of the policy period, whichever is earlier; b. Sectlon 1-- Coverage A -Bodily Injury And Property Damage Liability does not appty to "bodity injury" or "property damage" that occurred before you acquired or formed the organization; and. c. Section I - Coverage B -Personal And AdvertisMg Injury Liability does not apply to "personal and advertising btjtuy'` arising out of an offense committed be- fore you acquired or formed the organiza- tion. J. NON-OWNED WATERCRAFT Exclusion 2.g, subparagraph (2) under Section I - Coverage A -Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property For a charge. CL CG 04 43 11 06 .Includes copyrighted material of Insurance Services Office, Inc., Page 7 of B with its permission From:Lynell Scherer FaxID: ' Page 11 of 16 Date:825/2009 11:14 AM Page:11 of 16 K. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS Under Section 1 -Supplementary Payments -- Coverages Aand 8: 1. The Amit showm in paragraph 1b. for the cost of bad bonds is changed from $250 to $2,500; and 2. The limit shown in paragraph 1d1. for loss of earnings because of time o8 work is changed from $250 a day to $1,000 a day. L. UNINTENTIONAL OMI83fON IN DISCLOSURE The following provision is added to Paragraph 8. Representations of Section IV -- Commercial General Liability Conditions: However, the unintentional omission of any infor- mation given or provided by you shall not preju- dice your rights under this insurance. This provisbn does not affect our right to coAect additional premium or to exercise our right of cancellation or non-renevral. M. WAIVER OF SUBROGATION The Transfer Of Rights Of Recovery A®ainst Others To Us ConditWn of Section IV - Com- mercial General Liability Conditions is amended by the add8ion of the following: Notwtthstanding anything to the contrary in previ- ous paragraph, we waive any right of recovery the may have against a person or organization be- cause of payments we make for ir~ury or damage arising out of your ongoing operations or your work included in the pro ducts-completed opera- tions hazard, if: 1. Such operations or work were done under a written contract or wrkten agreemern t-etween you and such person or organization that con- tained aprovision requiring such warver; and 2. Such written contract or written agreement was: a. Made prior to the covered injury or dam- age; and b. in effect at the time of the covered injury or damage. This waiver. applies only with respect to such person or organization. CL CG 04 4311 08 Includes copy+ighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission From:Lynell Scherer FaxID: Page 12 of 16 Date:8252005 11:14 Alrll Page:12 of 16 f TEXAS AUTOMOBILE RULES AND RATING MANUAL TE 99 O1B (Ed. Effective 3/92) ADDITIONAL INSURED Named Insured: Cactus Utility 2 L L C / Policy Number: CNA4349456 V This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM ~/ GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. City of Corpus Christi P 0 Box 9277 Corpus Christi, Tx 78469 (Enter Name and Address of Additional Insured.) is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy..Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. EFFECTIVE MARCH 18, ]992 ORIGINAL PRINTING From:Lynell Scherer FaxID: ~ Page 4 of 5 Date:825/2009 04:24 PM Page:4 of 5 POLICY NUMBER: CNA 4349456 jCOMMERCIAL GENERAL LIABILITY \/ Gta 02 pg Q1 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PROVISIONS OR OCVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree4 to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi 2. Address: P O Box 9277 Corpus Christi, Tx 78469 / 3. Number of days advance notice. 34 ,V/ (If no entry appears above, information required to complete this endorsement will e shown in the Declarations as applicable to this endorsement.} CG 02 05 01 96 Copyright Insurance Services Offices, Inc., 1994 Page 1 of 1 From:Lynell Scherer FaxID: Page 3 of 5 Date:825/2'd09 04:24•PM Page:3 of 5 TEXAS AUTOMOBILE RULES AND RATING MANUAL TE {)2 02A (Ed. Effecti~-e 3/92) Named Insured: Cactus Utility 2 LLC Polio- Number: CNA43~94~C C_~NCELL~~TI(_>N PR(_)~'ISION C>R CO~'ER~GE CHANGE ENDORSEI\IENT This endorsement modifies insurance prop-ided under the follo~vulg: BI.7SINESS AI_TT(:) COVEkAC7E F(:)kM C7AkAGE C(7VEkAC7E FC)kM TRT JCKEkS COVEkACTE F(:}kM / 30 days betin'e this l~olic~~ is cancelled or materially / Changed to reduce or resh'ict coverage eve will mail notice of the ~~~/// Cancellation or change to: Cite of Corpus Clu-isti P () Boy 9277 ~.Orpl1S (.hl'1St1, Tx 78469 From:Lynell Scherer FaxID: Page 16 of 16 Date:B/252009 11:14 AM Page:16 of 16 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of.the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 3D 2. Notice will be mailed to: CITY OF CORPUS CHRISTI v P 0 BOX 9277 SYLVIA ARRIAGA CORPUS CHRISTI, TX 78469 This endorsement changes the poNcy to which it is attached effective cn the inceptioh date of the policy unless a different date is indicated below. (The following "ariaching clause" need be completed anty when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effedlve on August 20 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001190756 20090505 offheTexasMutuallnsuranceCompany Issued to CACTUS UT 1 L I TY 2 L LC Endorsement No. 5 Premium $ 0 .00 Authorized Representative WC420601 (E0.1-94) WASENORS 8-2D-2009 From:Lyneli Scherer FaxID: Page 15 of 16 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY The policy to which this endorsement is attached is amended as shown below: FORM WC42 O6 01 tTX NOTICE OF MATERIAI. CHANGED IS ADDED Date:Bl252009 11:14,gM Page:15 of 16 VWC 99 03 01 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on Au us t 20 2009 9 ~ at 12:01 A.M, standard time, forms a part of Policy No. TSF-0007190755 20090505 of the Texas Mutual Insurance Company Issued to CACTUS UTILITY 2 LLC Endorsement No. 5 Premium $ 0 , 00 WC890301 (ED. 194) Authorized Repregen~1Ve WASENDRS 8-20-2009